HomeMy WebLinkAboutAgenda Packet 04.19.2016•
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BOARD OF COUNTY COMMISSIONERS
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, April 19, 2016
9:00 AM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 5, Chairman
KIM JOHNSON
District No. 1, Vice -Chairman
CHRIS DZADOVSKY
District No. 2
TOD MOWERY
District No. 3
PAULA A. LEWIS
District No. 4
FRANNIE HUTCHINSON
Mission Statement
To provide service, infrastructure and leadership necessary to advance a safe and sustainable community,
maintain a high quality of life, and protect the natural environment for all our citizens
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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.
INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the
Pledge of Allegiance. Participation is voluntary.
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 Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third
Tuesday 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 allocated at the beginning of each meeting for the general public comment. Please limit comments to
three 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; the first Tuesday
at 6:00 P.M. and the third Tuesday 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 Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the
meeting.
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Regular Meeting Tuesday, April 19, 2016 9:00 AM
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
A. Board of County Commissioners minutes for the meeting of Tuesday, April 05, 2016
5. PROCLAMATIONS APPROVAL
A. Resolution - Proclaiming the month of May 2016 as "Mental Health Awareness Month" in St.
Lucie County, Florida.
B. Resolution - Adoption of a resolution proclaiming the month of May 2016 as "American Stroke
Month" in St. Lucie County, Florida.
C. Resolution - Adoption of a resolution acknowledging the achievements of Green Belt/Lean Six
Sigma Training in St. Lucie County, Florida.
6. PUBLIC COMMENT (excluding Public Hearing items)
7. PRESENTATIONS
A. St Lucie County Tourism Update - Charlotte Bireley, County Tourism Manager
B. Presentation to the Title Sponsor and Platinum Sponsors of the 2016 Dickerson Ultimate Drive
Golf Tournament benefiting the United Way of St. Lucie County - Howard Tipton, County
Administrator
8. CONSENT AGENDA
1. Warrant Lists 26 & 27
B. ADMINISTRATION
1. FIND Fisherman's Wharf Resolution - Waterways Assistance Program Grant Application
Staff recommends the Board adopt the resolution in support of the FIND Waterways
Assistance Program grant application.
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Regular Meeting Tuesday, April 19, 2016 9:00 AM
C. COUNTY ATTORNEY
1. Permission to Advertise - Amending Section 46.80 "Parking Restricted on Certain Streets"
of the Code of Ordinances and Compiled Laws of St. Lucie County to prohibit parking on
Cortez Boulevard from the west right-of-way of South 29th Street west a distance of 165'
and from the east right-of-way of South 29th Street east a distance of 162'.
Staff recommends that the Board grant permission to advertise the draft ordinance for a
public hearing on Tuesday, May 17, 2016 at 9:00 am or as soon thereafter as the item
may be heard.
2. St. Lucie County Health Department Dental Clinic - Lease Agreement with C&W South
Investments, LLC
Staff recommends that the Board approve the proposed lease agreement with C&W
South Investments, LLC, and authorize the Chairman to sign the lease agreement.
3. Contract for Sale and Purchase - Right -of -Way - North 2nd Street - Egan Packing, L.L.C. -
Parcel ID 2403-705-0006-000-9 (portion of)
Staff recommends the Board approve the Contract for Sale and Purchase with Egan
Packing, L.L.C. contingent on an acceptable Environmental Site Assessment, authorize
the Chairman to sign the Contract, direct staff to proceed with the closing and record the
Warranty Deed in the Public Records of St. Lucie County.
4. Permission to Advertise Notice of Intent and Public Hearing - Town Place Plat No. One
recorded in Plat Book 53 Page 30 and 31
Staff recommends that the Board authorize PSL Town Place Partners, LLC to advertise a
Notice of Intent and Public Hearing to be held on May 17, 2016 at 9:00 a.m. or as soon
thereafter as possible.
5. Permission to file suit for right of action for possession - 5291 Amy Lane, Fort Pierce, FL
Staff recommends that the Board grant permission to allow the County Attorney to file
suit against Mr. James Fahey.
D. COMMUNITY SERVICES
1. Library Internet Service Provider Agreement
Staff recommends approval of the AT&T contract providing for Library Internet service
and authorization for the Chairman to sign documents as approved by the County
Attorney.
2. Library Ethernet Service Provider Agreement
Staff recommends approval of the AT&T contract providing for Library Ethernet service
and authorization for the Chairman to sign documents as approved by the County
attorney
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Regular Meeting Tuesday, April 19, 2016 9:00 AM
3. State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP)
Staff recommends Board approval of the Resolution adopting the SHIP LHAP for FY
2016/2017, 2017/2018 and 2018/2019 as approved by FHFC and authorization for the
Chairman to sign documents as approved by the County Attorney.
4. Change Order No. 2 To C15-12-664
Staff recommends Board approval of Change Order No. 2 in the amount of $2,280.00, and
authorization for the Chairman to sign documents as approved by the County Attorney.
E. COURT ADMINISTRATION
There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
There are no items scheduled.
G. HUMAN RESOURCES
There are no items scheduled.
H. INFORMATION TECHNOLOGY
1. Information Consultants Contract Amendment 2
Staff recommends Board approval of Information Consultants - Amendment 2 for one
year to purchase additional licenses in the amount of $14,475.24 as well as establish fixed
line item annual pricing for future license purchases and renewals and authorization for
the Chairman to sign documents as approved by the County Attorney.
I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
There are no items scheduled.
J. OFFICE OF MANAGEMENT & BUDGET
1. Award of Bid No. 16-018, Security Cameras - Phase I at the Treasure Coast International
Airport
Staff recommends Board approval to award Bid No. 16-018, Security Cameras - Phase I at
the Treasure Coast International Airport, to Tyco Integrated Security of West Palm Beach
in the amount of $55,000.00, and authorization for the Chairman to sign the contract as
approved by the County Attorney.
2. Award of Bid No. 16-026, Waste Tire Processing
Staff recommends Board approval to award Bid No. 16-026, Waste Tire Processing to
Liberty Tire of Fort Pierce, and authorization for the Chairman to sign the contract as
approved by the County Attorney.
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Regular Meeting Tuesday, April 19, 2016 9:00 AM
K. PARKS, RECREATION & FACILITIES
1. The Elementary Science Showcase
Staff recommends Board approval to waive the facility entrance fees of $260.00, as
outlined in the agenda memorandum and authorization for the Chairman to sign
documents as approved by the County Attorney.
2. St. James Christian Academy - End of School Year Field Day
Staff recommends Board approval to waive $231.00 In facility rental fees for Saint James
Christian Academy's end -of -school -year Field Day, May 18, 2016, 9:00 AM - 12:00 PM.
L. PLANNING & DEVELOPMENT SERVICES
There are no items scheduled.
M. PUBLIC SAFETY
There are no items scheduled.
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1. Award of Bid No. 16-013 - Purchase of Sign Post, Sign Hardware and Sign Blanks
Staff recommends Board approval to award Bid # 16-013, to the lowest responsive and
responsible bidder, Universal Signs and Accessories of Fort Pierce, and authorization for
the Chairman to sign documents as approved by the County Attorney.
2. Award of Bid 16-025 - Artificial Reef Module Construction and Deployment
Staff recommends Board approval to award Bid # 16-025, in the amount of $71,356.00,
to the lowest responsive and responsible bidder, McCulley Marine Services, Inc., and
authorization for the Chairman to sign documents as approved by the County Attorney.
3. Regency Centers, L.P.
Staff recommends Board approval of the final acceptance of the public improvements and
release of surety in the amount of $9,239.55.
4. Centerstate Bank — Conditional Acceptance of Off -site Improvements
Staff recommends final acceptance of the constructed improvements and release of
surety in the amount of $2,037.31.
O. SHERIFF'S OFFICE
1. Authorization to submit an electronic application for the 2016 Bulletproof Vest
Partnership (BVP) Grant
Staff recommends that the Board of County Commissioners approve the St. Lucie County
Sheriff's Office submission of the electronic application for the 2016 Bulletproof Vest
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Partnership (BVP) Grant offered by the U. S. Department of Justice/Office of Justice
Programs.
P. SOLID WASTE
There are no items scheduled.
Q. SUPERVISOR OF ELECTIONS
There are no items scheduled.
R. TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
S. UTILITIES
1. Kings Highway/ Indrio Road Intersection Improvements
Staff recommends Board approval of the Fifth Amendment to Work Authorization No. 2
authorizing Kimley-Horn and Associates, Inc. to provide additional engineering and
permitting services concurrently with the Kings Highway / Indrio Road intersection
improvements.
9. PUBLIC HEARINGS
01 veil 9 C61.101 WA
1. Request for an Order, pursuant to Article VII, Division 2 (Unsafe Buildings and Structures)
of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the unsafe
structure at 117 Hilton Drive, Fort Pierce, FL
Staff recommends that the Board give the Code Enforcement Department permission to
proceed to use the lowest bidder to demolish the structure and clean the property of all
junk, trash and debris, and assess the entire cost of such demolition against the real
property which shall constitute a lien payable to St. Lucie County, Pursuant to the
provisions of Section 7-42 of the St. Lucie County Code of Ordinances and Compiled Laws.
10. REGULAR AGENDA
There are no items scheduled.
A. COUNTY ATTORNEY
1. St. Lucie County vs. Department of Juvenile Justice - Authorizing the County Attorney to
Dismiss Pending Litigation Against the Department of Juvenile Justice and sign a Waiver
and Release of Existing and Future Claims
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Regular Meeting Tuesday, April 19, 2016 9:00 AM
Staff recommends that the Board direct the County Attorney (or designee) to file the
Notice of Voluntary Dismissal with prejudice in all pending cases against DJJ and sign the
Waiver and Release.
11. ANNOUNCEMENTS
A. The Board of County Commissioners monthly Informal Board meeting has been moved from April
12 at 9a.m. to April 19, 2016 at 1p.m. in Conference Room #3 of the Roger Poitras Administration
Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
B. The Board of County Commissioner and the City of Fort Pierce will hold a Joint Meeting regarding
The Port of Fort Pierce on Thursday, April 21, 2016 at 2p.m. in the County Commission Chambers
of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
C. The Oxbow Eco-Center will be holding its 12th Annual Earth Day Festival on April 23, 2016 from
10am through 3pm at 5400 NE St James Dr, Port St. Lucie, FL 34983. This is a free event with the
goal of reinforcing awareness, knowledge and stewardship of natural resources. Visit
www.oxboweco.com or call (772) 785-5833 for more information.
D. The Master Gardener Spring into Gardening Festival will be held on Saturday, May 14th from 8:00
a.m. to 2:00 p.m. at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or
http://stlucie.ifas.ufl.edu for additional information.
12. MOTION TO ADJOURN
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COUNTY
F L o R r D A
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
April 5, 2016 Convened: 6:00 PM
Adjourned: 7:12 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by District No. 5, Chairman Kim Johnson
Attendee Name
Kim Johnson
District No. 5, Chairman
District No. 1, Vice -Chairman
Arrived
6:00 PM
Present
Chris Dzadovsky
Present
Present
6:00 PM
6:00 PM
Tod Mowery
District No. 2
Paula A. Lewis
District No. 3
Present
6:00 PM
Frannie Hutchinson
District No. 4
Present
6:00 PM
Howard Tipton
Administrator
Present
6:00 PM
Bob Adolphe
Deputy County Administrator
Present
6:00 PM
Mark Satterlee
Deputy Administrator
Present
6:00 PM
Heather Young
Asst. County Attorney
Present
6:00 PM
Edward Matthews
Parks, Recreation & Facilities Director
Present
6:00 PM
Don West
Public Works Director
Present
6:00 PM
Laurie Waldie
Utility Director
Present
6:00 PM
Beth Ryder
Community Services Director
Present
6:00 PM
Leslie Olson
Director, Planning & Development Services
Present
6:00 PM
Melissa Upton
Clerk to the Board
Present
6:00 PM
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3.
INVOCATION
PLEDGE OF ALLEGIANCE
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5.
APPROVAL OF MINUTES
A. Board of County Commissioners minutes for the meeting of Tuesday, March 15, 2016
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
B. Amended Minutes of December 1, 2015 6:OOPM
RESULT: ACCEPTED AS AMENDED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
Non -Agenda Item - Rep. Gayle Harrell
Chairman Johnson introduced Representative Gayle Harrell from the Florida House of
Representatives to address the Board. She spoke about the latest session and congratulated the
Board on their achievements for St. Lucie County. She told the Board that her office is available
for assistance with any issues, including the upcoming veteran's nursing home project.
Representative Harrell spoke in support of the resolution to be presented regarding the repeal
of special acts regulating fishing, spearfishing and skin diving in St. Lucie County. She
commended Captain Voss for his work to keep the marine areas in the county clean of debris
and asked the Board to approve the resolution so he is able to continue.
Chairman Johnson thanked Representative Harrell, Representative Mayfield, Representative
Lee and Senator Negron for their efforts to assist St. Lucie County.
PROCLAMATIONS APPROVAL
A. Resolution - Adoption of a resolution proclaiming the Month of April 2016 as "Guardian ad
Litem Month" in St. Lucie County, Florida.
Paul Nigro, the Program Director for the 19th Judicial Guardian ad Litem program accepted the
resolution. He spoke about the importance of the Guardian ad Litem program as the voice for
children impacted by the court system. He indicated that the program recruits, trains and
certifies volunteer advocates to represent the children and also provide them with any
guidance they may need. Mr. Nigro thanked the Board on behalf of the program's employees,
volunteers and the 900 children affected by the program.
Commissioner Dzadovsky asked how members of the community could become involved with
the Guardian ad Litem program. Mr. Nigro said volunteers can contact the main office at 772-
785-5804.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
B. Resolution - Adoption of a resolution proclaiming April 7, 2016 as "National Day of Service
Recognition" in St. Lucie County, Florida.
Jenna Taylor from AmeriCorps accepted the resolution on behalf of the volunteers with Big
Brothers Big Sisters and Volunteer Florida. She spoke about the reading tutor program that has
assisted approximately 475 students this year. Marsha Jordan, the RSVP (Retired Senior
Volunteer Program) Coordinator from St. Lucie County Senior Corps also thanked the Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Paula A. Lewis, District No. 3
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
C. Resolution - Adoption of a resolution celebrating the 25th Anniversary of Children's Home
Society of Florida's Treasure Coast Division in St. Lucie County, Florida.
Chairman Johnson presented the Children's Home Society, Treasure Coast Division with more
than 85 bags and a check for $170 donated by St. Lucie County employees.
Michelle King, the Philanthropy Director with Children's Home Society accepted the resolution.
She spoke about the mission of Children's Home Society of Florida for the last 25 years. She
explained the collaboration between her agency and other programs that assist children and
families in St. Lucie County, such as the Guardian ad Litem program. Ms. King presented the
commissioners with cards and a blue ribbon to wear in support of Child Abuse Prevention
month.
Chief Bolduc thanked the Board for their recognition. He spoke about his involvement with the
Children's Home Society of Florida and desire to improve the quality of life for the children of
St. Lucie County.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
D. Resolution - Adoption of a resolution proclaiming the Month of April 2016 as "National Autism
Awareness Month" in St. Lucie County, Florida.
Suzy Hutcheson, the President/CEO of Helping People Succeed accepted the resolution. She
spoke about the prevalence of autism in the community and the importance of programs to
assist these young people with the services they need. Ms. Hutcheson explained the "Transition
to Adult Life" program offered by the agency to continue offering help to young adults with
Autism Spectrum Disorder once they graduate from high school. She indicated that students
from the program are now attending college and working within the community. She also
mentioned that Helping People Succeed plans to have an office in St. Lucie County within a
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year. She commended the collaboration of the non-profit sector and school system in St. Lucie
County.
Commissioner Dzadovsky commented on the success of the "Autism Speaks" walk from the
previous weekend.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
E. Resolution proclaiming April 2016 as "CHILD ABUSE PREVENTION MONTH" in St. Lucie County,
Florida.
Major David Thompson from the St. Lucie County Sheriff's Department accepted the resolution.
He spoke about the proclamations presented at the meeting, and noted that all 5 represented
the children of St. Lucie County. He emphasized the importance of the community recognizing
that every child deserves a safe, nurturing and stimulating environment. Major Thompson
thanked the Board and the community on behalf of the Sheriff's Department.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Paula A. Lewis, District No. 3
SECONDER: Frannie Hutchinson, District No. 4
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
6. PUBLIC COMMENT (excluding Public Hearing items)
7. PRESENTATIONS
A. Earth Day - Sandra Bogan, Education and Outreach Coordinator
Sandra Bogan the Education and Outreach Coordinator from the Environmental Resources
Department presented the Oxbow Eco-Center's 12th Annual Earth Day Festival. The festival has
doubled the size of the event that will take place on April 23, 2016 from 10 AM to 313M. She
detailed the exhibits, presentations and contests that will be taking place. Ms. Bogan also spoke
about participation from community resources to demonstrate the support programs available
to youth, elderly and the specially challenged in the community. She mentioned Indian River
State College's contribution to the event and thanked Kevin Cooper, Professor Walt Hines, Ms.
Popp -Finch, and Sharon Lowe for their help organizing student participation.
Ms. Bogan said that attendees can give back to the community at the festival by donating old
musical instruments. She thanked Whitaker Boat Works, Ampersand Graphics, Fort Pierce
Utilities Authority, Cargill Industries, and Rick Carroll Insurance Agency for their sponsorship of
the Earth Day Festival. She also thanked the volunteers who donated their time over the
months to plan the event. She invited everyone to attend the free festival and more
information is available by calling 772-785-5833 or emailing Oxbow@stlucieco.org.
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Chairman Johnson commended Ms. Bogan for her efforts to improve the local community and
encouraged residents to participate in the event.
8. CONSENT AGENDA
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
A. WARRANTS
1. Warrant Lists 23 - 25
B. ADMINISTRATION
C. COUNTY ATTORNEY
1. Reimbursment Agreement with Iglesia Biblica De Fort Pierce, Inc.
2. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense
Fund
3. Resolution and Lease Agreement between St. Lucie County and Beach Club Colony on
the Ocean, Inc.
4. Resolution - Warranty Deed of Donation for right-of-way on Mariah Circle, North 38th
Street and North 39th Street
5. Request from Finance Director for BOCC Record Destruction
D. COMMUNITY SERVICES
There are no items scheduled.
E. COURT ADMINISTRATION
There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
1. SUN Trail - East Coast Greenway Letter of Support
G. HUMAN RESOURCES
There are no items scheduled.
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H. INFORMATION TECHNOLOGY
There are no items scheduled.
I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
There are no items scheduled.
J. OFFICE OF MANAGEMENT & BUDGET
There are no items scheduled.
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K. PARKS, RECREATION & FACILITIES
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2. Waiver of Skate Park Facility Daily Rental Fees - Future 6 Helping Hand Fund Inc.
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L. PLANNING & DEVELOPMENT SERVICES a-
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There are no items scheduled.
M. PUBLIC SAFETY
There are no items scheduled.
N. PUBLIC WORKS
1. Midway Road Widening (Selvitz Road to S. 25th Street) - Change Order No. 2 to contract
with Dickerson Florida, Inc.
Commissioner Mowery pulled this item from the Consent Agenda for discussion. He
asked staff to give an overview of the project and clarify which agency will pay the
$65,000 fee.
The County Engineer addressed the Board on the reimbursement agreement between
the county and Fort Pierce Utilities Authority. He explained that there is a contract
between the county and Dickerson Florida, Inc that needs to be increased to include
additional work added by FPUA. He indicated that the county will be reimbursed for this
additional work but in order to have Dickerson Florida, Inc complete the work, it must
be added to the contract.
Commissioner Mowery asked staff to provide an update on the Midway Road widening
project.
Staff answered that the current project, the 1 mile road widening between Selvitz Road
and 25th Street, is the first phase of 3 to be completed in the upcoming years. He
indicated that this section of roadway should be complete by the end of 2016. The
completed roadway will consist of a 4-lane divided roadway from west of Selvitz Road
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through the intersection to 25th Street. At this intersection the Department of
Transportation will also complete a project to widen Midway Road from 25th Street to
US1. The Department of Transportation's project is scheduled to begin in August of
2016. The next phase of construction would widen Midway Road from Selvitz Road to
Glades Cut -Off, within a year of completion of DOT's work. Staff said it is very important
to widen this roadway as it serves as a hurricane evacuation route. He said the total cost
of these improvement projects, between the county and DOT will equal approximately
$60-70 million.
O. SHERIFF'S OFFICE
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1. Authorization to submit an electronic application for the 2016 State Criminal Alien Z
Assistance Program (SCAAP) Grant.
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2. Authorization to submit the electronic application for the 2016 Port Security Grant 0
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P. SOLID WASTE 0
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Q. SUPERVISOR OF ELECTIONS
There are no items scheduled.
R. TRANSPORTATION PLANNING ORGANIZATION
1. Federal Metropolitan Planning (PL) Final Authorization of Funding for FY 2015/2016
S. UTILITIES
There are no items scheduled.
9. PUBLIC HEARINGS
A. COUNTY ATTORNEY
1. Ordinance - Extending Effective Date of Ordinance No. 15-05
The Assistant County Attorney presented this item. The proposed ordinance would
grant the cities of Fort Pierce and Port St. Lucie additional time to amend their
respective alarm ordinances. The original item indicated a June 1st effective date,
however staff recommended that based on conversations with the parties involved, the
extension be increased until July 1st.
Chairman Johnson clarified that the recommendation would extend the effective date
from June 1st to July 1st. Staff confirmed that change, despite both dates appearing on
the agenda.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
10. REGULAR AGENDA
A.
COUNTY ATTORNEY
1. Resolution - Supporting the Repeal of Certain Special Acts Regarding Fishing, w
Spearfishing and Skin Diving
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The Assistant County Attorney presented this item. The proposed resolution supports
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the repeal of certain special acts that were local laws of special application for St. Lucie
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County, based on the request from the Fish and Wildlife Commission. Staff explained
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the 4 special acts involved prohibited different fishing activities in parts of the county.
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The Fish and Wildlife Commission has asked the Board adopt the resolution supporting
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the repeal of those regulations to create consistency with state laws. Mason Smith was
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present from FWC to answer any questions and had provided staff with the documents
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referenced at the Informal Board Meeting on March 8, 2016.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
PLANNING & DEVELOPMENT SERVICES
1. The Atlantic - Major Site Plan
The Senior Planner presented this item. The resolution requested major site plan
approval for a residential condominium project consisting of 102 dwelling units and
recreational amenities. Staff presented topics relevant to the resolution, including
utilities coverage, site location, zoning, neighboring properties, environmental impact,
residential density, building specifications, buffer areas, parking spaces, access
driveways, and traffic projections and approvals. Staff recommended approval based on
the amended condition related to the emergency access driveways.
Commissioner Dzadovsky asked staff to reiterate the mitigation of the wetland waiver
and to restate the mangrove improvements.
The Senior Environmental Planner indicated that the applicant will mitigate the 1.21
acres of direct wetland impacts and the 50 foot required upland buffer impact through
enhancement of 11 acres of on -sight wetlands and replanting of native species in the
area left bare by removal of invasive exotic species. She said the applicant will also
restore 3 upland buffer areas totaling .43 acres, in accordance with the Preserve Area
Monitoring and Management Plan. She said that the areas protected will be recorded
8 1 P a g e Packet Pg. 16
Regular Meeting
Tuesday, April 5, 2016
6:00 PM
4.A
through a conservation easement protected and maintained through perpetuity and
available in the public record.
Commissioner Dzadovsky also commented on his discussions with the applicant
regarding the importance of multiple exits from the property, in case of emergency. He
asked staff if the resolution contained language regarding dune protection.
The Senior Environmental Planner answered that the language is present in the Preserve
Area Monitoring and Management Plan, which requires the dune to be restored and
maintained by the property owner. There is also a condition of approval that requires
the language be present in the homeowners' association documents.
Commissioner Dzadovsky commented on making future residents aware of the tourism
in the area, including horseback riding along the beach. He suggested adding that
information to the HOA documents for new residents.
The agent for the applicant, engineer and planner, Richard Ladyko from Ladyko Design
Group addressed the Board. He introduced the project team, including Mary Lindgren,
environmental consultant; Greg Boggs, landscape architect; Michael Houston,
consultant; and Fred Cohen, legal counsel. Mr. Ladyko commended staff for their
diligence while working on the project. He agreed with any conditions that were
recommended and said he would pass along the concerns regarding horseback riding.
He said the proposed condominium project did not have homeowners' association
documents at this time, but would make sure the requirements are contained in the
documents.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Frannie Hutchinson, District No. 4
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
11. ANNOUNCEMENTS
Non -Agenda Item - Ratification of Comprehensive Economic Development Strategies Board
Members
Chairman Johnson asked to ratify Al Rivett as his representative to the Comprehensive
Economic Development Strategies Board and Pete Tesch assigned as the alternate.
Commissioner Dzadovsky motioned for approval, Commissioner Mowery seconded and the
motion passed unanimously.
Commissioner Dzadovsky asked to ratify Adam Locke as his appointee to the Comprehensive
Economic Development Strategies Board.
Commissioner Mowery motioned for approval, Chairman Johnson seconded and the motion
passed unanimously.
in
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9 1 Packet Pg. 17
Regular Meeting
Tuesday, April 5, 2016
6:00 PM
4.A
A. The Board of County Commissioners will hold a Regular Board meeting on April 19, 2016 at 9
a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
B. The Board of County Commissioners monthly Informal Board meeting has been moved from
April 12 at 9a.m. to April 19, 2016 at 1p.m. in Conference Room #3 of the Roger Poitras
Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
C. The Board of County Commissioner and the City of Fort Pierce will hold a Joint Meeting
regarding The Port of Fort Pierce on Thursday, April 21, 2016 at 2p.m. in the County
Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia W
Avenue, Fort Pierce, FL. j
z_
D. The Oxbow Eco-Center will be holding its 12th Annual Earth Day Festival on April 23, 2016 from
U-
10am through 3pm at 5400 NE St James Dr, Port St. Lucie, FL 34983. This is a free event with 0
the goal of reinforcing awareness, knowledge and stewardship of natural resources. Visit
www.oxboweco.com or call (772) 785-5833 for more information. 0
a
E. The Master Gardener Spring into Gardening Festival will be held on Saturday, May 14th from Q
8:00 a.m. to 2:00 p.m. at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660
or http://stlucie.ifas.ufl.edu for additional information. a
12. MOTION TO ADJOURN
There being no further business to be brought before the Board, the meeting was adjourned
Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the
Circuit Court and available for inspection upon request.
10 1 Packet Pg. 18
TO:
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
5.A
ITEM NO. RES-2016-59
DATE: 04/19/2016
AGENDA REQUEST *PROCLAMATIONS APPROVAL
Board of County Commissioners
Daniel S. McIntyre, County Attorney
County Attorney
Resolution - Proclaiming the month of May 2016 as "Mental Health
Awareness Month" in St. Lucie County, Florida.
BACKGROUND:
It has been requested that this Board proclaim the month of May 2016 as "Mental Health Awareness
Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination Signatures
AA
Danie S. McIntyre, Co my ttorney 3/23/2016
Packet Pg. 19
5.A.a
RESOLUTION
A RESOLUTION PROCLAIMING MAY 2016 AS
"MENTAL HEALTH AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Serious mental illness affects one in every five Americans — children, adolescents and adults.
It is a highly treatable medical illness of the brain, posing the same concern as cancer, heart
disease, diabetes and other illnesses. Scientific research is constantly working toward
breakthroughs in the understanding of mental illness, resulting in more effective treatments
to allow people to reclaim full and productive lives.
2. Mental health is essential to everyone's overall health and well-being and helps to sustain an
individual's thought processes, relationships, productivity and ability to change or face
adversity. Mental health illness adversely affects those abilities and often is life -threatening
in nature.
3. Misunderstandings about mental illness often wrongly impose a stigma on individuals coping
with mental illness. One in 17 adults live with mental illness such as major depression, bipolar
disorder or schizophrenia. One-half of chronic mental illness begins by the age of 14. In 2014,
there were 46 suicides in St. Lucie County. Long delays often occur between the time
symptoms first appear and when individuals get help.
5. It is important to maintain mental health and learn the symptoms of mental illness in orderto
get help when needed. Public education and civic activities can encourage mental health and
help improve the lives of individuals and families affected by mental illness.
6. New Horizons of the Treasure Coast and Okeechobee, the community's non-profit provider of
recovery -oriented behavioral health services and Suncoast Mental Health Center both remain
committed to improve the quality of life for individuals and families in our community.
NOW,THEREFORE, BE ITRESOLVED bythe Board of County Commissioners of St. Lucie County,
Florida:
1. This Board does hereby proclaim May 2016 as "MENTAL HEALTH AWARENESS MONTH" in St.
Lucie County, Florida to increase public awareness of mental health and to promote treatment
and recovery. Every citizen and community can make a difference in helping to improve the
lives of individuals and families affected by mental illness.
PASSED AND DULY ADOPTED this 19t" day of April 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 20
5.B
ITEM NO. RES-2016-60
TO:
PRESENTED BY:
SUBMITTED BY:
AGENDA REQUEST
Board of County Commissioners
Daniel S. McIntyre, County Attorney
County Attorney
DATE
04/19/2016
*PROCLAMATIONS APPROVAL
SUBJECT: Resolution - Adoption of a resolution proclaiming the month of May 2016 as
"American Stroke Month" in St. Lucie County, Florida.
BACKGROUND:
It has been requested that this Board proclaim the month of May 2016 as "American Stroke Month" in St.
Lucie County, Florida. The attached resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination Signatures
AA
Danie S. McIntyre, Co my ttorney 4/7/2016
Packet Pg. 21
5.B.a
RESOLUTION
A RESOLUTION PROCLAIMING THE MONTH OF MAY 2016 AS 3
"AMERICAN STROKE MONTH" IN ST. LUCIE COUNTY, FLORIDA v
a�
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Stroke is a leading cause of serious long-term disability and the fifth leading cause of death
in the United States, killing about 130,000 people nationwide and 8,372 citizens of Florida each
yea r.
2. Between 2012 and 2030 total direct annual stroke -related medical costs are expected to
increase from $71.55 billion to $184.13 billion. Overall, total annual costs of stroke are projected
to increase to $240.67 billion by 2030, an increase of 129 percent.
3. Nearly 80 million Americans have high blood pressure, which is a major controllable risk
factor for stroke, including 44 percent of African American adults — among the highest prevalence
of any population in the world. More than half (58%) of Americans don't know if they are at risk for
stroke; and one in three Americans can't recall any stroke warning signs or symptoms.
4. The F.A.S.T. warning signs and symptoms of stroke include face drooping, arm weakness,
speech difficulty and time to call 9-1-1; and beyond F.A.S.T., additional stroke warning signs and
symptoms include sudden numbness or weakness of the face, arm or leg, especially on one side of
the body; sudden confusion; sudden troublewalking,dizziness, loss ofbalance orcoordination; and
sudden severe headache with no known cause.
5. On the American Stroke Month Day ofAction May 1, 2016, throughout May and year-round,
the American Stroke Association's Togetherto End Stroke initiative encourages Americans to learn
their personal stroke risk, memorize and share the stroke warning signs, and call 9-1-1 at the first
sign of a stroke.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby proclaim the month of May 2016 as "AMERICAN STROKE MONTH"
in St. Lucie County, Florida and encourages all residents and visitors in St. Lucie Countyto familiarize
themselveswith the riskfactors associated with stroke, recognize the warning signs and symptoms,
and on first sign of stroke dial 9-1-1 immediately so that we might begin to reduce the devastating
effects of stroke on our population.
PASSED AND DULY ADOPTED this 19t" day of April 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
YA
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 22
5.0
ITEM NO. RES-2016-64
TO:
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
AGENDA REQUEST
Board of County Commissioners
Daniel S. McIntyre, County Attorney
DATE: 04/19/2016
*PROCLAMATIONS APPROVAL
County Attorney
Resolution - Adoption of a resolution acknowledging the achievements of
Green Belt/Lean Six Sigma Training in St. Lucie County, Florida.
BACKGROUND:
It has been requested that this Board acknowledge the achievements of our County Employees Green Belt
Training/Lean Six Sigma Training in St. Lucie County, Florida. The attached resolution has been drafted for
that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination/Signatures
Danie S. McIntyre, Co rty ,ttorney 4/15/2016
Packet Pg. 23
5.C.a
RESOLUTION
A RESOLUTION ACKNOWLEDGING THE ACHIEVEMENTS OF
GREEN BELT/LEAN SIX SIGMA TRAINING IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the
following determinations:
1. Six Sigma Green Belt, a popular business management strategy is widely used across
industries to promote quality and process improvement. Six Sigma is a set of techniques and tools
which seeks to focus on customer requirements through minimizing variability in manufacturing and
improving process quality. Six Sigma's emphasis is on improving the capability of a process rather
than controlling product quality.
2. The training utilizes the proven DMAIC methodology framework for documenting Six Sigma
related team improvements - DMAIC meaning Define, Measure, Analyze, Improve and Control. The
goal is to apply these concepts, tools and techniques to address a key (or strategic) organizational
problem or process where process outcomes are not meeting customer expectations.
3. The team projects can address process inefficiencies/costs, process cycle time problems
and/or eliminating process defects. The course teaches participants how to address diverse types of
problems utilizing the appropriate Six Sigma tools and techniques in order to improve and maintain
desired performance levels.
4. Four teams were created and consisted of 19 county employees. The teams included various
Department Directors and Program Managers. The teams were assigned one of the following
projects:
• Reduce Inmate Medical Costs
• Improve Workplace Security
• Improve Construction Project Inspection
• Reduce Time to Fill Employee Vacancy
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby acknowledge the achievement of those County Employees who
participated in Green Belt/Lean Six Sigma Training.
2. This Board encourages all employees of St. Lucie County to take advantage of future
opportunities to participate in the Green Belt/Lean Six Sigma Training.
PASSED AND DULY ADOPTED this 19th day of April 2016.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 24
8.A.1
04/01/16
FZABWARR
FUND TITLE
001
001560
001563
-e01573
001574
001576
001579
101
101002
101003
101004
102
102001
102114
102813
107
107001
107003
107006
111
112
113
114
116
117
119
120
122
123
126
127
128
136
138
139
140
140386
160
183
183004
183006
184220
184224
165015
190
310001
310006
316001
ST. LUCIE COUNTY - BOARD
WARRANT LIST #26- 25-MAR-2016 TO 01-APR-2016
FUND SUMMARY
General Fund
Section 112/MPO/FHWA/Planning
HUD CDBG FY 2013
HUD Shelter Plus Care Grant
CSBG 2016
Support Services for Veterans
Farm to Fly Biofuels Study
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Unincorporated Services Fund
Drainage Maintenance MSTU
Citrus & Saeger Strmwtr Treatment
White City Drainage Citrus & Saeger
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Court Related Technology
River Park I Fund
River Park II Fund
Harmony Heights 3 Fund
Harmony Heights 4 Fund
Sunland Gardens Fund
Sunrise Park Fund
Holiday Pines Fund
The Grove Fund
Indian River Estates Fund
Queens Cove Lighting Dist#13 Fund
Southern Oak Estates Lighting
Pine Hollow Street Lighting MSTU
Kings Hwy Industrial Park Lighting
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Palm Grove Fund
Airport Fund
FDOT - Security Improvements
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Admin.- Teen Court
Guardian Ad Litem Fund
FT Pierce Inlet IMP Implementation
Fort Pierce IMP Implementation
FHFC SHIP 2014--2015
Sports Complex Fund
Impact Fees -Library
Impact Fees -Transportation
5th Cent Fuel -Capital
EXPENSES
1,218,847.63
17,627.34
750.00
147.44
665.00
0.00
3, 900.00
4,235.82
3,465.67
32,755.30
214,121.36
1,876.08
6,989.27
2,102.10
320.00
68, 006.83
5, 118.91
1,964.10
7,168.77
3,223.02
745.92
229.51
561.32
614.70
140.77
827.84
223.01
1,039.29
384.67
155.37
498.82
617.79
2,285.33
312.67
961.82
23,359.86
8,310.00
309.15
7,672.57
3,186.50
1, 019.68
20,000.00
93,409.00
48,330.00
47,001.64
11,591.56
55,518.00
2, 250, 00
PAGE
PAYROLL
1,584.80
0.00
0.00
0.00
0.00
1,584.80
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
y
H
0.00
0.00
0.00
0.00
0.00
v
0.00
N
0.00
0a
0.00
N
0.00
0.00
y_
0.00
J
0.00
0.00
0.00
M
0.00
0.00
0
0.00
0.00
0.00
0.00
E
0.00
0
0.00
V
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Packet Pg. 25
8.A.1
04/01/16 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #26- 25-MAR-2016 TO 01--APR-2016
FUND SUMMARY
FUND TITLE
321
Capital Imp Rev Bonds 2015
401
Sanitary Landfill Fund
418
Golf Course Fund
451
S. Hutchinson Utilities Fund
471
Water & Sewer District Operations
491
Building Code Fund
505
Health Insurance Fund
505001
Risk Management Fund
611
Tourist Development Trust-Adv Fund
625
Law Library
801
Bank Fund
GRAND TOTAL:
10h49mhf.90K
15,030.80
181,564.90
4,651.75
13,457,09
9, 645.29
676.44
44,108.07
3,200.00
11,052.85
30,815.40
30,334.73
2,269,378.75
PAGE
PAYROLL
0.00
0.00
0.00
0.0C
0.00
0.00
492.30
0.00
0.00
0.00
0.00
3,661.90
2
H
Z
Q
Q
ti
N
06
t0
N
N
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N
J
C
R
L
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Packet Pg. 26
8.A.1
04/08/16
FZABWARR
FUND TITLE
001
001460
001512
001538
001550
001560
001563
001571
001572
001573
001574
001575
001576
001577
001579
001826
101
101001
101002
101003
101004
102
102001
102114
102813
107
107001
107002
107003
107006
115
118
119
121
129
130
130114
130115
130117
140
140001
150
160
183
183001
183004
183006
184001
ST. LUCIE COUNTY - BOARD
WARRANT LIST #27- 02-APR-2016 TO 08-APR-2016
FUND SUMMARY
General Fund
FCTD Planning Grant
Neighborhood Stabilization Program
HUD Neighborhood Stab 3
HUD Shelter Plus Care
Section 112/MPO/FHWA/Planning
HUD CDBG FY 2013
Safe Routes to School
HUD Shelter Plus Chronic
HUD Shelter Plus Care Grant
CSBG 2016
Metropolitan Planning / Sec 5305d
Support Services for Veterans
Lagoon Life Education Program
Farm to Fly Biofuels Study
SAFER St Lucie Disaster Education
Transportation Trust Fund
Transportation Trust Interlocals
Transportation Trust/80o Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Unincorporated Services Fund
Drainage Maintenance MSTU
Citrus & Saeger Strmwtr Treatment
White City Drainage Citrus & Saeger
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Court Related Technology
Sheraton Plaza Fund
Paradise Park Fund
Holiday Pines Fund
Blakely Subdivision Fund
Parks MSTU Fund
SLC Public Transit MSTU
PTA 5307 FY 2013
FTA 5309 VTCLI-II FY14
FTA 5316 2014 JARC Grant
Airport Fund
Port Fund
Impact Fee Collections
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
Guardian Ad Litem Fund
Artificial Reef Program
EXPENSES
439,931.07
127.50
0.00
97.53
0.00
573.26
34,121.35
591.19
0.00
91.72
0.00
0.00
0.00
0.00
8,248.87
0.00
1,253.64
37.00
29,224.68
28,114.60
12,942.45
11,505.36
8,381.03
8,316.00
3,780.00
133,248.34
10,888.70
0.00
30,490.16
11,297.97
596.96
831.48
827.84
83.49
7,400.00
0.00
0.00
0.00
2,973.84
5,299.25
616.44
276.72
1,509.87
4,253.61
300.00
2,671.25
680.00
0.00
PAGE
PAYROLL
564,199.43
260.39
437.45
61.77
54.14
9,337. 92
2,471.76
2,016.11
316.73
350.07
3, 972.98
1,117,27
1,584.80
1,333.60
0.00
1, 600.00
37,974.48
1,381,60
46,833.75
15,208.27
15,907.94
58,615.89
11,707.05
1,651.06
0.00
155, 778.59
1, 060.03
1,060.03
0.00
8,983.11
0.00
0.00
0.00
0.00
0.00
2,194.08
1,020,60
340.20
0.00
11,601.65
3,177.61
0.00
3,072.64
4, 897.48
0.00
3,275.73
0.00
1,645,60
Packet Pg. 27
8.A.1
01/08/? 6
FZABWARR
FUND TITLE
185015
185016
189110
189203
190
220
310001
310006
316
316001
318
362
401
418
451
458
471
478
479
491
505
505001
505002
611
650
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST 427- 02-APR-2016 TO 08-APR-2016
FUND SUMMARY
FHFC SHIP 2014-2015
FHFC SHIP 2015-2016
Home Consortium 2014
Hardest Hit fund Advisor Services
Sports Complex Fund
Cap Imp Rev Bds. Series 2016 Jail
Impact Fees -Library
Impact Fees -Transportation
County Capital
5th Cent Fuel -Capital
County Capital --Transportation Bond
Sports Complex Improv Fund
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Water & Sewer District Operations
Water & Sewer District R&R
Water & Sewer Dist. -Cap Facilities
Building Code Fund
Health Insurance Fund
Risk Management Fund
Health Insurance Administration
Tourist Development Trust-Adv Fund
Agency Fund
Sank Fund
GRAND TOTAL:
EXPENSES
38,348.60
1,535.00
0.00
0.00
20,235.23
12,500.00
6,459.50
110,712.31
50,311.72
45,387.00
235,268.81
3,720.33
37,781.71
9,362.49
45,287.87
3,589.28
276,290.27
18,366.79
0.00
276.72
155,218.52
0.00
0.00
26,013.75
84,210.08
44,598.37
2,027,057.52
PAGE 2
PAYROLL
589.04
204.41
734.88
228.69
26,820.47
0.00
0.00
0.00
0.00
0.00
0.00
0.00
100,231.10
19,061.76
6,124.11
1,091.10
9,185.40
1, 684.19
1,519.79
33,577.28
0.00
2,727.81
2,840.28
3,842.30
0.00
0.00
1, 186, 964 .42
Packet Pg. 28
8.B.1
ITEM NO. RES-2016-61
TO:
PRESENTED BY:
SUBMITTED BY:
CiIRIFrT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Mark Satterlee, Deputy County Administrator
Administration
DATE: 04/19/2016
*CONSENT
AGENDA\AD M I N I STRATI O N
FIND Fisherman's Wharf Resolution - Waterways Assistance Program Grant
Application
St. Lucie County is applying to the Florida Inland Navigation District Waterways Assistance Program for
funds to assist in the design and permitting of infrastructure improvements at Fisherman's Wharf. Adoption
of the attached resolution by the Board of County Commissioners is a necessary component of the
application process.
The County is seeking up to $400,000 from FIND to match monies the County and the Florida Department
of Transportation, District IV have set aside for the same purpose.
PREVIOUS ACTION:
The Board of County Commissioners has adopted a Fisherman's Wharf Land Acquisition (Phase 1) Project
Agreement along with an Interlocal Agreement with the City of Fort Pierce to cooperate on the
development of the Port of Fort Pierce.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board adopt the resolution in support of the FIND Waterways Assistance Program
grant application.
COMMISSION ACTION:
Packet Pg. 29
8.B.1
Coordination/Signatures
Danie, S. McIntyre, C�nty +ttorney 4/5/2016 Ho and Tipton, Count Administrator 4/11/2016
Updated: 4/4/2016 3:24 PM by Mark Satterlee Page 2
Packet Pg. 30
8.B.1.a
ATTACHMENT E-7
RESOLUTION FOR ASSISTANCE 2016
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE St. Lucie Board of County Commissoners is interested in carrying
out the following described project for the enjoyment of the citizenry of Fort Pierce and St. Lucie
County and the State of Florida:
Project Title Port of Fort Pierce Fisherman's Wharf Design & Permitting
Total Estimated Cost $ 950,000.00
Brief Description of Project: Infrastructure improvements at the Port of Fort Pierce,
Fisherman's Wharf that will improve public access to the Intracoastal Waterway, the Indian
River Lagoon and the Fort Pierce Inlet.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the St Lucie Board of County Commissioners
that the project described above be authorized,
AND, be it further resolved that said St Lucie Board of County Commissioners
make application to the Florida Inland Navigation District in the amount of 40% of the
actual cost of the project in behalf of said St Lucie Board of County Commissioners
AND, be it further resolved by the St Lucie Board of County Commissioners
that it certifies to the following:
1. That it will accept the terms and conditions set forth in FIND Rule 6613-2
F.A.C. and which will be a part of the Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
(1)
3. That it has the ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said St Lucie Board of
County Commissioners for public use.
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
Packet Pg. 31
4. That it will not discriminate against any person on the basis of race, color or
8.B.1.a
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by persons with disabilities as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post -audit of expenses
incurred on the project prior to, or in conjunction with, request for the final 10% of the
funding agreed to by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the
held on this day of
Attest
Title
20
(2)
at a legal meeting
Signature
Title
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
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8.B.1.b
Agenda -1-
ATTACHMENT E-2
WATERWAYS ASSISTANCE PROGRAM FY 2016
PROJECT APPLICATION
APPLICANT INFORMATION — PROJECT SUMMARY
APPLICANT INFORMATION
Applicant:
St Lucie County Board of County Commissioners
Department:
Administration
Project Title:
Port of Fort Pierce — Fisherman's Wharf Design and Permitting
Project Director:
Don West
Title:
Public Works Director
Project Liaison:
(if different.from Project Director)
Mark Satterlee
Title:
Deputy County Administrator
Mailing Address:
2300 Virginia Avenue
City:
Fort Pierce, Florida
Zip Code:
34982
Email Address:
satterleem@stlucieco.org
Phone #:
772-462-1452
Project Address:
Port of Fort Pierce, Fort Pierce, Florida
***** I hereby certify that the information provided in this application is true and accurate.""
SIGNATURE:
DATE:
PROJECT NARRATIVE (Please summarize the project in space provided below in 2 paragraphs or
less.)St Lucie County seeks FIND assistance for the design and permitting of infrastructure
improvements at Fisherman's Wharf at the Port of Fort Pierce. The project will include the design
and permitting of Fisherman's Wharf bulkhead replacement and potential shipping berth for a small
passenger ship or Bahamas Ferry, Fisherman's Wharf basin dredging, boat ramp improvements, parkin(
area and trailer parking area improvements, Fisherman's Wharf roadway improvements, new boat slip!
and land purchase.
This project is part of a planning effort that has occurred between St. Lucie County, the City of
Fort Pierce and FDOT District IV. Fisherman's Wharf is currently heavily utilized for access to
the Intracoastal Waterway, Indian River Lagoon, Fort Pierce Inlet and the Atlantic Ocean. All
existing improvements are aging or in disrepair. The intent of the project is to replace the agin(
infrastructure and increase and improve public access to the ICW.
Form No. 90-22, Rule 66B-2, (New 12/17/90, Rev.07-30-02, 04-24-06)
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8.C.1
ITEM NO. (ID # 3438)
COUNTY
' R I ` A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY: Daniel S. McIntyre, County Attorney
SUBMITTED BY: County Attorney
DATE: 04/19/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
SUBJECT: Permission to Advertise - Amending Section 46.80 "Parking Restricted on
Certain Streets" of the Code of Ordinances and Compiled Laws of St. Lucie
County to prohibit parking on Cortez Boulevard from the west right-of-way
of South 29th Street west a distance of 165' and from the east right-of-way
of South 29th Street east a distance of 162'.
BACKGROUND:
Attached is a copy of a draft ordinance, which would amend Section 46.80 "Parking Restricted on Certain
Streets" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida.
Section 46.80(b) would be amended to restrict parking on Cortez Boulevard from the west right-of-way of
South 29th Street west a distance of 165' and from the east right-of-way of South 29th Street east a distance
of 162'.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board grant permission to advertise the draft ordinance for a public hearing on
Tuesday, May 17, 2016 at 9:00 am or as soon thereafter as the item may be heard.
COMMISSION ACTION:
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8.C.1
Coordination/Signatures
Danie, S. McIntyre, C my +ttorney 3/14/2016
Updated: 3/18/2016 8:56 AM by Katrina Slay Page 2
Packet Pg. 35
8.C.1.a
ORDINANCE
AN ORDINANCE AMENDING SECTION 46-80 OF THE CODE OF
ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO RESTRICT
PARKING ON CORTEZ BOULEVARD AT S. 29T" STREET; PROVIDING
FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR APPLICABILITY; PROVIDING PENALTIES;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING AN EFFECTIVE DATE; PROVIDING FORADOPTION; AND
PROVIDING FOR CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. South 29t" Street is a 20 ft. wide two-way north -south street and Cortez Boulevard
is a 22 ft. wide two-way east -west street located through a residential area as defined in 316.003
F.S.
2. There has been one accident in the last three years. This accident could not have
been prevented by use of parking restrictions on the through street.
3. Average Daily Traffic (ADT) on Cortez Boulevard is 3,466 vehicles. The counts were
conducted from 2/10/16 to 2/12/16.
4. The current posted speed is 30 MPH.
5. The sight distance along Cortez Boulevard is 173'east and 170'west approachingthe
intersection, which does not meet the minimum requirements for 30 MPH speed of 335' per FDOT
design standards.
6. In orderto provide adequate clear zone for the motorist in the event of mechanical
failure or the need for evasive maneuvers, and the lack of adequate sight distance combined with
the road speed, parking will be prohibited on the south side of Cortez Boulevard from the west
right-of-way of South 29t" Street west a distance of 145' and from the east right-of-way ofSouth 29tn
Street east a distance of 143'.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida, as follows:
PART A. Chapter 46 - "Traffic and Vehicles" of the Code of Ordinances of St. Lucie County is
amended to revise Section 46-80 as follows:
Underlined passages are added. -1- passages are deleted.
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8.C.1.a
Section 46.80 Parking Restricted on Certain Streets
Section 46.80(b) Angle Road through Chamberlin Blvd. - no changes.
Cortez Boulevard, (both sides), from its intersection with 25t" Street
west for a distance of two hundred fifty (250) feet. Parking is
prohibited on Cortez Boulevard, from the west right-of-way ofSouth
29t" Street west a distance of 165' and from the east right-of-way of
South 29t" Street east a distance of 162'.
Darter Court through 50t" Street - no changes.
PART B. PENALTIES
Penalties for violation of this section shall be in accordance with State law.
PART C. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART F. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the
Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida
32304.
Underlined passages are added. -2- passages are deleted.
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8.C.1.a
PART G. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Kim Johnson, Chairman
XXX
Chris Dzadovsky, Vice Chairman
XXX
Commissioner Tod Mowery
XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson
XXX
PART I. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled
Laws and the word "ordinance" may be changed to "section", "article", or other appropriate word,
and the sections of this ordinance may be renumbered or relettered to accomplish such intention;
provided, however, that parts B through H shall not be codified.
PASSED AND DULY ENACTED this
ATTEST:
day of 12016.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
A
County Attorney
Underlined passages are added. -3- passages are deleted.
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8.C.2
ITEM NO. (ID # 3473)
TO:
PRESENTED BY:
SUBMITTED BY:
CiIRIFrT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Heather Young, Asst. County Attorney
County Attorney
DATE
04/19/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
St. Lucie County Health Department Dental Clinic - Lease Agreement with
C&W South Investments, LLC
The St. Lucie County Health Department has determined that it is necessary to expand its current Women,
Infants and Children (WID) dental clinic in order to better serve the residents of St. Lucie County. Attached
to this agenda item is a proposed lease agreement with C&W South Investments, LLC for two additional
office suites consisting of approximately 3, 612 square feet in the building located at 537 NW Lake Whitney
Place in Port St. Lucie. The lease term will run from July 1, 2016 through and including June 30, 2031. The
landlord will be making improvements to the leased premises in order to accommodate the planned use.
The cost of these improvements will be reflected in the rental payments which will be seventy -thousand
one hundred forty-three and 00/100 dollars initial annual rental rate subject to annual adjustment during
the term of the lease. Pursuant to the annual operating contract between the Health Department and the
County, the Health Department will be responsible for the rental payments and insurance on the facility
during the term of the lease.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funds are included in the Health Department budget for these expenditures.
RECOMMENDATION:
Staff recommends that the Board approve the proposed lease agreement with C&W South Investments,
LLC, and authorize the Chairman to sign the lease agreement.
COMMISSION ACTION:
Packet Pg. 39
8.C.2
Coordination/Signatures
Danie, S. McIntyre, C my +ttorney 4/5/2016
Updated: 4/5/2016 10:20 AM by Sophia Holt Page 2
Packet Pg. 40
8.C.2.a
Lake Whitney Professional Park — W.I.C. Pediatric Dentist LEASE
OFFICE LEASE AGREEMENT
THIS AGREEMENT, made and entered into this day of 1 2016
by and between C&W South Investments, LLC hereinafter referred to as "Landlord," and St. Lucie County/
St. Lucie County Dept. of Health Department Women, Infants and Children (WIC) Program Pediatric
Dentist, hereinafter referred to as "Tenant."
WITNESSETH, that the said Landlord, in reliance upon and in consideration of the rents,
representations, warranties, covenants and conditions herein contained on the part of the Tenant, hereby
leases unto said Tenant and said Tenant does hereby hire and take from said Landlord for the term, and
upon the terms and conditions hereinafter set forth that certain space in the Lake Whitney Professional
Park, a Non -Residential Phase Condominium located at 537 NW Lake Whitney Place, Port St. Lucie,
FL 34986 which is hereinafter described in detail and referred to here as the "Demised Premises."
TERMS AND CONDITIONS
1. TERM; DEMISED PREMISES
Landlord hereby leases to Tenant and Tenant hereby leases from Landlord office space
comprising the entirety of Building "K" (so named Suite No.101, 102 as per Exhibit "A") located at 537
NW Lake Whitney Place, Port St. Lucie, FL 34986 to have and to hold, for a term of One Hundred and
Eighty (180) months, commencing on the First (1st) day of July, 2016, ("Lease Commencement
Date") and ending on the last day of Thirteeth (30) day of June, 2031 (the entire period, "Lease
Term").
(a) The Demised Premises
Building "H"(Suite No. 101, 102 as per Exhibit "A") consisting of approximately (3,612)
square feet of gross rentable space, and comprises a portion of the aforesaid office
condominium complex. The space is more particularly described in the Tenant's Plan
Sheet and Tenant's Specification Schedule, being Exhibits "A" to this Lease Agreement,
each of which bears the Suite Number of the Demised Premises and bears the initials of
the parties hereto. The provisions of said Exhibits are incorporated herein by reference
as a part of this Lease Agreement.
(b) Option to Extend Lease
(i) Option. Tenant shall have one (1) option to extend the Lease Term of this Lease for
additional periods of five (5) years each, such period called an "Option Period", Option
Period to begin immediately upon the expiration of the initial Lease Term as extended and
the same terms and conditions set forth herein shall apply to such Option Period.
(ii) Exercise of Option. In order to exercise its option to extend, Tenant shall provide
Landlord with written notice of its election to extend the Lease Term not less than six (6)
months prior to the expiration of the Lease Term (as the same may have previously been
extended).
(iii) Option Rental Rate. In the event Tenant exercises its option to extend the Lease
Term of the Lease, the Base Annual Rent (as hereinafter defined) shall be as provided in
Exhibit "D" hereof, effective as of the first day of the Option Period, and shall be adjusted
on an annual basis (beginning on the date that is one calendar year from the first day of
the Option Period) each succeeding year thereafter as per Exhibit "D".
(c) Cancellation of Lease
Pursuant to Section 255.2502, Florida Statutes, Landlord acknowledges that the State of Florida's
performance and obligation to pay under this contract is contingent upon an annual appropriation by the
Legislature.
2. RENTAL COMMENCENT
Rent
Term shall not commence until date of completion of the renovations of the demised
premises to Tenant's satisfaction and thereby made ready for occupancy by Tenant. At
the time of occupancy, the rent for any fractional part of the first month of occupancy
shall be prorated.
The rent shall be payable the month following the month of occupancy in accordance
with subsection 215.422, Florida Statutes. The rent for any fractional part of the first
month shall be prorated.
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8.C.2.a
Lake Whitney Professional Park — W.I.C. Pediatric Dentist LEASE
(a) Base Annual Rent Adjustment
The Base Annual Rent is as follows:
Rent Schedule 2a.
Gross Base Rent
Year
Monthly
Annually
Yr.1
$ 6,095.25
$ 73,143.00
Yr.2
$ 6,278.11
$ 75,337.32
Yr.3
$ 6,466.45
$ 77,597.40
Yr.4
$ 6,660.44
$ 79,925.28
Yr.5
$ 6,860.2-6
$ 82,323.12
Yr.6
$ 7,066.07
$ 84,792.84
Yr.7
$ 7,278.05
$ 87,336.60
Yr.9
$ 7,496.39
$ 89,956.68
Yr.9
$ 7,72-1.2-8
$ 92,655.36
Yr.10
$ 7,952.92
$ 95,435.04
Yr.11
$ 9,191.51
$ 98,298.12
Yr.12
$ 9,437.25
$101,247.00
Yr.13
$ 8,690.37
$104,284.44
Yr. 14
$ 8,951.08
$107,412.96
Yr.15
$ 9,219.61
$110,635.35
(b) CAM and Real Estate Tax
N/A — Gross Lease
3. USE OF PREMISES AND RESTRICTIONS ON USE
Tenant shall use and occupy the Demised Premises for the use and purpose designated herein
which use or purpose is designated for Dental Office and for no other use or purpose unless the Tenant
shall first secure the written consent of Landlord, said consent shall not be unreasonable withheld.
Tenant's use of premises for such purpose will require occupancy by a total of not more than Thirty Six
(36) employees (including the Tenant, if an individual) and no greater number of employees shall occupy
the Demised Premises unless Tenant shall first secure the consent in writing of Landlord. Tenant will have
access to Demised Premises twenty-four (24) hours a day, seven (7) days a week.
(a) The Tenant shall not use or occupy the Demised Premises or any part thereof in a
manner which shall violate any certificate of occupancy for the Demised Premises,
make void or voidable any insurance then in force with respect thereto in which the
Demised Premises is located over that which is in effect prior to commencement of
this Lease, or which will cause or is likely to cause structural damage to the building
or any part thereof, interfere with the normal operations of the heating, air
conditioning, ventilating, plumbing, mechanical or electrical systems of the building or
the elevators installed therein, constitute a public or private nuisance, or detract from
(aesthetically or otherwise) the appearance of the exterior of the building containing
the Demised Premises or of any portion of the interior of said building (including the
Demised Premises) or otherwise use or permit the use of the Demised Premises for
any purpose which in the reasonable opinion of the Landlord would adversely affect
the then value or character of the Demised Premises, or any use not permitted in the
Rules and Regulations of Lake Whitney Professional Park, a Condominium.
(b) Tenant's use of the premises shall conform with approved uses of the Lake Whitney
Professional Park Condominium Association.
4. BREACHES
I. BREACH OF COVENANT
A. If Tenant neglects or fails to perform or observe any covenant herein, and such default continues for a
period of thirty (30) days after receipt of written notice thereof from Landlord, then Landlord may lawfully,
immediately, or at any time thereafter, and without further notice or demand, enter into and upon the Premises,
and repossess the same as of their former estate and expel Tenant and remove its effects forcefully, if necessary
B. This action by the Landlord shall not be deemed as any manner of trespassing. Any remedy which
might otherwise be used by the Landlord for arrears of rent or for any breach of Tenant's covenants is not waived
by such action.
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8.C.2.a
Lake Whitney Professional Park — W.I.C. Pediatric Dentist LEASE
II. NOT CONSENT TO SUE
No provisions, terms, or conditions of this Lease shall be construed as consent of the State of
Florida or St. Lucie County to be sued because of said leasehold.
III. FAILURE TO COMPLY
A. In the event that Landlord fails to comply with any term or provision of this Lease after written notice, Tenant
reserves the option to:
i. setoff and deduct from the rental amount due Landlord under this Lease such sums as Tenant
determines are required to remedy the default of Landlord; and/or
ii. fulfill Landlord's obligations under the terms of this Lease; whereby Landlord shall reimburse Tenant on
demand for any reasonable expenses which Tenant may incur in thus effecting compliance with
Landlord's obligation under this Lease. Should Tenant elect this option, Tenant shall use its best efforts to
mitigate damages caused thereby; and/or
iii. terminate this Lease and vacate the Premises, but without prejudice to any remedy which might
otherwise be used by Tenant for any breach of Landlord's covenants contained herein; and/or
iv. bring suit for damages against Landlord for any expense (including reasonable attorney's fees) Tenant
may incur by Landlord's failure to comply with any term or provision of the Lease. However, Tenant shall
not bring suit for damages incurred due to a delay in the Commencement Date of this Lease if any such
delay is caused solely by any delay, default or omission of Tenant.
B. Tenant is required to give Landlord written notice setting forth in reasonable detail the nature and extent of such
failure and Landlord will be given thirty (30) days to cure such failure. If such failure cannot reasonably be
completely cured within that thirty (30) day period, the length of such period shall be extended for the period
reasonably required thereof, only if Landlord commences curing such failure within such thirty (30) day period and
continues the curing thereof with reasonable diligence and continuity.
C. Reason for setoff of amounts due under this Lease shall include, but are not limited to, remedying
heating and air conditioning equipment and roofing deficiencies.
D. Each occasion of setoff of rental amounts due under this Lease shall be contingent upon the prior approval of
Tenant's legal counsel.
5. USE OF PARKING LOT
Tenant, its employees and invitees, shall have the right to use the parking area adjoining the
building wherein the Demised Premises are located, in common with the other tenants, although no
designated space or spaces are or will be assigned to Tenant. Tenant shall at all times have the right to
use a total of Eighteen (18) parking spaces. Use of additional parking spaces shall only be upon first
securing prior written consent of Landlord. Landlord expressly reserves the right to assign, from time to
time, which parking spaces shall be enjoyed by Tenant during the term hereof and the further right to re-
assign the parking spaces to be used and enjoyed by Tenant so long as Tenant shall be furnished with the
specified minimum number of spaces set forth herein.
It is hereby agreed to and acknowledged by Tenant that although Paragraph Three (3), "USE OF
PREMISES AND RESTRICTIONS ON USE" may designate a higher number of employees than
Paragraph Five (5) designates as the allotted parking allowance, both Tenant and Landlord have taken
into consideration, car pooling, vacation time, sick time and the fact that all employees will not be on the
premises at the same time. Tenant also acknowledges that the number of employees as stated within the
lease agreement does not in any way require the Landlord to supply additional parking spaces.
6. BUILDING AND OPERATING EXPENSES
(a) Personal Property Taxes, Assessments
Landlord shall pay all real estate taxes and assessments on the property. The Landlord shall
pay all applicable condominium association dues, if any.
(b) Sales Tax
Tenant has Tax Exempt status. See Exhibit "E".
(c) Utilities, Sanitation
Landlord shall NOT provide electrical or telephone utility services for the demised
premises, but will make these services available to Tenant through a third party.
Landlord shall not be held responsible for the discontinuance of the above services due to
power failures, or for services being shut off by vendor and/or Landlord for repairs and
maintenance. It is further agreed by Landlord and Tenant that there shall be no offset or
abatement of rent for same.
7. IMPROVEMENTS TO AND ALTERATIONS OF DEMISED PREMISES
Page 3 Landlord: Tenant:
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8.C.2.a
Lake Whitney Professional Park — W.I.C. Pediatric Dentist LEASE
Landlord has agreed to finish the Demised Premises for Landlord's cost and expense as
described in the attached Tenant's Plan Sheet and Tenant's Specification Schedule, Exhibit "A". Landlord
shall have the right to require Tenant to remove such improvements, additions and fixtures as Landlord
shall designate. Same to be removed at Tenant's cost upon termination of this Lease; and provided
further, however, that the movable furniture, movable personal property and movable trade fixtures
brought onto the Demised Premises at Tenant's expense which, pursuant to the provisions of this Lease
may be removed by Tenant at the expiration or sooner termination of this Lease, shall not be deemed to
be the property of Landlord.
(a) Tenant acknowledges and agrees that it has no power to incur any indebtedness giving
right to a lien of any kind or character upon Landlord's right, title and interest in and to the
Demised Premises nor in the land or buildings wherein the Demised Premises are situate and
no person shall ever be entitled to any lien directly or indirectly derived through or under Tenant
or its agents or servants on account of any act of omission of Tenant which shall be superior to
the rights of Landlord.
(b) Tenant shall not otherwise make any alterations, additions, or improvements to the
Demised Premises without first securing the prior written consent of Landlord of the plans and
specifications of such alterations, additions, and/or improvements that have been submitted to
Landlord by Tenant. If Landlord shall give its consent, said consent shall not be unreasonably
withheld, to any proposed alteration, addition, and/or improvement Landlord shall be entitled to
require, as a condition precedent to such consent, The State of Florida cannot give a security
deposit, but shall be responsible for any lien it causes to be placed on the Demised Premises
and shall protect the Demised Premises from and against liens of mechanics and other lienor
performing work or services in or on the Demised Premises or supplying materials in
connection with any construction work to be performed for Tenant within the Demised
Premises. If any lien shall be filed against the Demised Premises or the building wherein the
same is situate, then Tenant shall cause the same to be discharged in the manner as provided
by law within ten (10) days after the filing of the lien by leinor upon the public records. Failure
to do so shall constitute a default hereunder.
(c) If Tenant requires renovations to the Demised Premises ("Work"), Landlord needs to
agree to said changes, price (including carry costs) and schedule the work. Once Tenant
signs off on the drawings, price and schedule Landlord will apply for and receive all
required local approvals. perform the work and turn space back to Tenant. Landlord will
pay for all approved Work and will modify the Lease Base Annual Rent (Article 2(a)) per
square foot rate for the remaining Lease Term from date Tenant approved Work.
8. REPAIRS AND MAINTENANCE OF PREMISES
The Tenant covenants and agrees that it will, during the term of this Lease, at its own expense,
keep, preserve and maintain the Demised Premises in a proper, safe, tenant able, good and substantial
state of repair and condition and will from time to time make or cause to be made all needful and proper
repairs, replacements and improvements, whether or not necessitated by wear, tear, obsolescence or
defects, latent or otherwise, so that the Demised Premises shall at all times be maintained in as good
order and repair as it is at the date of the commencement of the leasehold term herein. Tenant also,
hereby agrees that it will not cause, suffer or permit any waste, damage, neglect, or injury to the Demised
Premises. All such repairs shall be made at least equal in quality to the original work. Although not
required to do so, Landlord may, at its option, make any such repairs which are not promptly made by
Tenant and may charge the cost thereof to Tenant as additional rental.
Tenant shall be responsible for maintenance to include incidental HVAC system service including
observe and record pressure, leaks; Observe and record voltage and amp draws; Observe and calibrate
thermostat as needed; Check and record temperature differential; Brush clean evaporator/condenser coil
as needed; Clean and replace air filters; Clean and flush condensate line; Inspect, adjust replace fan belts
and or motors; Inspect and notify of defective piping insulation; Inspect internal wiring and note
deficiencies, freon charging unless it is the result of leaking or major damage; fuse replacement, drain line
and coil maintenance. Landlord shall be responsible for replacement of HVAC system provided tenant
keeps record of maintenance and service calls. Light bulb and ceiling tile replacement shall be Tenant's
responsibility during the term of this lease. Landlord shall be responsible for all repairs and maintenance
of the roof, building exterior, parking lot and landscaping.
9. SIGNS, USE OF NAME
Tenant shall not use the name of the building wherein the Demised Premises are contained for
any purpose other than the address of the business to be conducted by Tenant in the Demised Premises,
without first securing the prior written consent of Landlord, said consent shall not be unreasonably
withheld.
No sign, pictures or advertisement or notice shall be displayed, described, painted or affixed on
any part of the outside or inside of the Demised Premises or the building or parking areas in and about the
building containing the Demised Premises, except upon the outside sign area designated by Landlord for
Tenant's suite and then, only such color, size, style, lettering, material and format as permitted. Tenant
acknowledges that it is essential for the successful operation of the building and/or complex, and for the
benefit of all Tenants that aesthetic harmony be maintained throughout with regard to the sign materials
that will identify each Tenant to the public. To achieve this end Landlord will present Tenant with an
estimate to install aluminum leaf sign lettering on Tenant's exterior glass entrance door and also secure
for Tenant an exterior sign to be placed on the outside sign area for the building containing the Demised
Premises. Tenant shall then be allowed to obtain bids and select which contractor to use. All of the
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foregoing sign expense shall be borne by Tenant and shall be paid to Landlord by Tenant upon demand.
Other than the foregoing no signs, flags, showcases, obstructions, statuary, advertising devises, or "For
Rent" signs whatever shall be displayed by Tenant outside of Demised Premises, on any exterior surface
of the building containing the Demised Premises or in the passageways, halls, lobbies, or corridors by
Tenant. Landlord hereby reserves the right to remove any of the same, without notice to Tenant at
Tenant's expense.
10. RETURN OF DEMISED PREMISES
At the termination of the lease term Tenant shall surrender the leased property to
Landlord, broom -clean, in as good condition and repair as at the commencement of the term
normal wear and tear excepted. Landlord shall thereupon notify Tenant whether Landlord elects
to retain ownership of all leasehold improvements, alterations and additions (as described in
Paragraph Seven (7)) and in the event Landlord shall elect that Tenant shall remove the same,
Tenant shall remove or cause the removal of same at Tenant's expense without further delay.
Upon Tenant's failure to remove same, and in such event Landlord, although not required to do
so, may remove the same and the cost of effecting such removal shall be deemed additional
rental due hereunder from Tenant.
(a) If not then in default, Tenant shall have the right at the end of the term to remove any
equipment, furniture, trade fixtures or other personal property placed but not affixed to the
Demised Premises, provided that Tenant contemporaneous with such removal repairs
any damage to the Demised Premises caused by such removal.
(b) No act or thing done by Landlord or its agents during the term of this lease shall be
deemed an acceptance of the surrender of the Demised Premises and no agreement to
accept such surrender shall be valid unless in writing, signed by Landlord. No employee
or agent of Landlord shall have any power to accept the keys for the Demised Premises
prior to the termination of this Lease and the delivery of the keys to any employee or
agent of the Landlord shall not operate as a termination of this Lease or a surrender of
the Lease to property.
(c) Five (5) days prior to the last day of the term of this Lease or any extension or renewal
hereof, Landlord and Tenant together shall thoroughly inspect the Demised Premises.
Within Twenty Four (24) hours of the conclusion of such inspection, Landlord shall (i)
hand deliver to Tenant a list of items, the repair of which shall be Tenant's reasonable
financial obligation (pursuant to Section 10 of this Lease (the "Repair List")) and (ii) sign,
date and have Tenant's authorized representative sign the Repair List. (iii) Tenant shall
have Three (3) days from the date of the signed Repair List to make any corrections and
the Repair List will be reinspected and signed by both Tenant and Landlord to establish
the value of repairs reaming to the space and invoice Tenant for same.
11. PROPERTY & CASUALTY INSURANCE
The Landlord shall keep the building containing the Demised Premises insured against loss or
damage by fire and other perils with extended coverage endorsement in an amount sufficient to prevent
the Landlord from becoming a co-insurer under the terms of the applicable policies, but in any event, an
amount not less than 80% of the full insurable value as determined from time to time.
12. LANDLORD INDEMNIFICATION; GENERAL LIABILITY INSURANCE
(a) Obligation of Indemnity
To the extent allowed by law, the Tenant shall indemnify and hold Landlord harmless as a result
of:
(i) Tenant's use of the Demised Premises for the conduct of its business or from any activity,
work or thing done, or permitted by Tenant in or about the Demised Premises;
(ii) Any personal injury or property damage occurring, in, upon or about the Demised Premises
(iii) Any failure on the part of Tenant to perform or comply with any covenant required to be
performed or complied with by Tenant hereunder or by reason of any failure on Tenant's part to
comply with any statute, ordinance or regulation imposed by any governmental authority; any
mechanic's lien, security agreement or other encumbrance filed against the Demised Premises,
the Landlord's interest therein or in the building wherein the Demised Premises is located, or
against any equipment therein or any material used in the construction or alteration of any
building or improvement thereon; or
(iv) Any negligence on the part of Tenant or its agents, contractors, licensees, servants or
invitees. All sums of money required to be paid by Tenant to Landlord, by reason of indemnity
in any form whatsoever and in addition, all sums of money required to be paid by Tenant to
Landlord, as and for additional rental shall, if the same be not paid within ten (10) days of
Landlord's demand, bear interest at the highest rate allowable by law under the laws of the
State of Florida.
(b) General Liability Insurance
Tenant is a governmental agency and is self -insured. Tenant shall provide Landlord certification of
coverage for the Demised Premises on or before the commencement date of the aforesaid insurance
coverage. A renewal certification shall be furnished to Landlord at least thirty (30) days prior to the
expiration date of each policy for which a certificate has been furnished. Nothing in this Agreement shall
be construed to affect in any way the Florida Department of Health St. Lucie County Health Department
and St. Lucie County's rights, privileges, and immunities as set forth in Section 768.28, Florida Statutes,
nor increase the sovereign immunities limit of the County beyond those provided by statute. County shall
have insurance continuously in place, including for the Demised Premises, through the duration of the
lease.
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13. WAIVER OF SUBROGATION
Neither Landlord nor Tenant shall be liable to the other for any business interruption or any other
lessor damage to property or injury to or death of persons occurring on the Demised Premises or the
adjoining property, or in any manner growing out of or connected with the Tenant's use and occupation of
the Demised Premises, or the condition thereof, or of the adjoining property, whether or not caused by the
negligence or other fault of Landlord or Tenant or of their respective agents, employees, sub -tenants,
licensees or invitees, but only to the extent Tenant obtains insurance for the aforesaid events of
occurrences and Tenant's insurance pays any and all claims for damages presented. This release shall
apply, however, only to the extent that such business is covered by insurance and only to the extent of
such insurance, regardless whether such insurance is payable to or protects Landlord or Tenant or both.
Nothing contained in this paragraph shall be construed to impose any other or greater liability upon either
Landlord or Tenant than would have existed in the absence of this paragraph. This release shall be in
effect only so long as the applicable insurance policies contain a clause to the effect that this release shall
not affect the right of the insured to recover under such policies.
14. DAMAGE OR DESTRUCTION OF PREMISES
In case of damage by fire or other casualty to the Demised Premises or the building containing the
same, without the fault of the Tenant, if the damage is so extensive as to amount practically to the total
destruction of the building containing the Demised Premises, this Lease shall cease, and the rent shall be
apportioned to the time of the damage. In all other cases where the leased property is damaged by fire or
other casualty without the fault of the Tenant, the damage shall be repaired by and at the expense of
Landlord, provided that such repairs can, in Landlord's opinion, be made within ninety (90) days after the
occurrence of such damage without the payment of overtime or other premiums, and until such repairs
are completed, the rent shall be abated in proportion to the part of the Demised Premises which is
untenantable by Tenant in the conduct of its business. If the damage is due, in whole or in part, to the
fault or neglect of Tenant of its employees or agents, there shall be no abatement of rent whatever. If
such repairs cannot be made within ninety (90) days after the occurrence of such damage in Landlord's
opinion then Landlord may, at its option, make them within a reasonable time, but not to exceeded six
months and in such event this Lease shall continue in effect and the rent shall be apportioned in the
manner provided above. Landlord must, however, evidence its intention to make such repairs within the
ninety (90) day period by written notice to the Tenant within thirty (30) days after the occurrence of the
damage. If Landlord does not so elect to make such repairs then either party may, by written notice within
thirty (30) days thereafter, cancel this Lease and rent shall be apportioned as to any portion of the
premises that remained tenantable as a result of such casualty. In no event, however, shall Landlord be
responsible to Tenant for any damage or loss incurred as a result of any casualty as described herein
including but not limited to any loss of income, business or goodwill.
15. EMINENT DOMAIN
If at any time during the term of this Lease title to the whole or materially all of the Demised
Premises shall be taken by the exercise of the right of condemnation or eminent domain or by agreement
between Landlord and any governmental authority that is authorized to exercise such right, then in either
of such events this Lease shall terminate from the time when possession is taken by such condemning
authority and rental shall be apportioned and paid to the date of the surrender or possession. For
purposes of this paragraph "materially all of the Demised Premises" shall be deemed to have been taken
if the portion of the Demised Premises not so taken cannot be so repaired or reconstructed as to render
the same reasonably suitable for the purpose for which it was leased, provided that such work shall not
exceed the scope of the work required to be done by Landlord in originally constructing such building and
the cost thereof shall not exceed the proceeds of its condemnation award.
All compensation awarded or paid upon such a total or partial taking of the Demised Premises
shall belong to and be the property of the Landlord without any participation therein by the Tenant except
for costs accurred by Tenant to relocate. Nothing contained herein shall be construed to preclude
Tenant from prosecuting any claim directly against the condemning authority in such condemnation
proceedings for loss of business, or depreciation, damage to, or cost of removal of, or for the value of
stock, trade fixtures, furniture and other personal property belonging to Tenant; provided, however, that no
such claim by Tenant shall in any way diminish or otherwise adversely affect Landlord's award or the
award of any fee mortgage.
16. DELETED
17. DELETED
18. QUIET ENJOYMENT
Tenant, upon the payment of the rent herein reserved and upon the due performance of all of the
terms and conditions of this Lease Agreement, shall at all times during the lease term and during any
extension or renewal thereof peaceably and quietly have, hold and enjoy the Demised Premises.
19. SUBORDINATION
This Lease is subject and subordinate to all ground or underlying leases now in existence or
hereafter executed as well as to the lien of the existing mortgages and all other mortgages which hereafter
may be a lien on the Demised Premises by the Landlord and/or its successors in title to such interest
encumbered, and also to all renewals, modifications, consolidations, replacements and extensions
thereof. This provision shall be self -operative and no further instrument or act on the part of the Tenant
shall be necessary to effectuate such subordination. In confirmation of such subordination, however,
Tenant shall promptly execute any certificate that Landlord may request or that may be requested by any
mortgage to confirm. The Tenant hereby appoints the Landlord as Tenant's attorney in fact, irrevocably,
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to execute and deliver any such instrument for and on behalf of Tenant. Tenant will, at the request of any
ground or underlying Tenant or mortgagee, upon such party succeeding to the interest of the Landlord,
attorn to such party and perform all of the covenants of the Tenant in favor of such party. The foregoing
shall not be in limitation of the rights which any mortgagee may have to collect rents from the Tenant
hereunder or under any assignment which the Landlord may have the Tenant's interest herein as
collateral, whenever the Tenant is furnished with a copy of such assignment and a demand for payment of
the rents by mortgagee based upon its certification to the Tenant that the Landlord is in default and that
the mortgagee has the right to effect such collection from Tenant.
20. INABILITY TO PERFORM
See Section 4.111
21. RIGHTS RESERVED TO LANDLORD
The Landlord reserves the following rights:
(a) To change the name of the building or street address of the Demised Premises with
sixty (60) day notice to Tenant;
(b) To constantly have pass keys to the Demised Premises and have the right to enter
the Demised Premises at all reasonable times, for the purpose of inspecting the leased
property, performing any work which Landlord elects to undertake (made necessary by
reason of Tenant's default under the terms of this Lease or which otherwise is deemed
expedient and necessary in the judgment of Landlord), exhibiting the leased property for
sale, lease or mortgage financing;
(c) To grant to anyone other than Tenant the exclusive right to conduct any particular
business or undertaking (including the same business or professional activity engaged in
by Tenant) in the building containing the Demised Premises or in any other building
located in the complex;
(d) To exhibit during the three (3) months prior to the expiration of the term of this Lease
or any renewal term upon or in the Demised Premises "For Rent" signs which Tenant
shall permit to remain thereon without molestation and during the last three (3) months of
the term or any part thereof (if during or prior to that time the Tenant vacates the
premises) to decorate, remodel, repair, alter or otherwise prepare the premises for
occupancy;and
(e) To otherwise enter the premises for any purpose whatever related to the safety,
protection, preservation or improvement of the Demised Premises or the building
containing the Demised Premises or of the Landlord's interest therein, without being
deemed guilty of an eviction or disturbance of the Tenant's use and possession and
without being liable in any manner to the Tenant.
22. DELETED
23. RESTRAINT AGAINST ASSIGNMENT OR SUBLEASE
The Tenant shall not assign this Lease without the Landlord's prior written consent, which consent
shall not be unreasonably withheld. Such consent shall not be deemed to be unreasonably withheld if the
proposed assignee is of such financial standing and responsibility at the time of such proposed
assignment as shall cause reasonable doubt on the part of Landlord as to said proposed assignee's
financial ability to pay all rents and other amounts required under the Lease Agreement and otherwise fully
comply with all of the terms, covenants, provisions and conditions of this Lease Agreement. In this latter
regard, Landlord may require not only the proposed assignee but, in the case of any proposed assignee
other than an individual, require, in addition, financial statements of the principal owners of the proposed
assignee and may likewise require, as a condition for consenting to the proposed assignment, that any or
all of the principal owners hereof personally guarantee the performance of the Tenant's obligations
hereunder.
The Tenant shall not sublet whatever all or any portion of the Demised Premises without first
securing the prior written consent of Landlord in each instance which approval Landlord may at any time
withhold in its sole discretion and any attempted subletting without such consent shall constitute an act of
default under this Lease.
In the event Landlord shall consent to any such assignment and/or subletting of the Demised
Premises no such assignment or subletting shall relieve Tenant from the obligations required hereunder to
be performed by Tenant. If notwithstanding the foregoing this Lease is assigned or if the leased property
or any part thereof is sublet, or occupied by anybody other than the Tenant, Landlord may deem such
assignment or subletting a default thereunder and may, after such default by the Tenant, collect rent from
any such assignee, subtenant or occupant and apply the net amount collected to the rent herein reserved.
No such assignment, subletting, occupancy or collection of rentals shall be deemed a waiver of this
covenant or be deemed to be an acceptance of Landlord of the assignee, subtenant or occupant as a
tenant or be deemed to be a release of Tenant from the further performance by the Tenant of all of the
covenants and conditions of this Lease Agreement.
24. RULES AND REGULATIONS
The rules and regulations of the LWPP Condominium Association respecting occupancy of the
building containing the Demised Premises, which rules and regulations are attached hereto as Exhibit "C,"
and made a part hereof by reference, shall be deemed a part of this Agreement with the same effect as
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though written herein. Tenant convenants that such rules and regulations shall be faithfully observed by
Tenant, its agents, servants and employees and by all persons visiting the leased premises or claiming
under the Tenant. Tenant agrees and acknowledges that in order to maintain the high standards of
building management which are essential for the mutual benefit of Landlord and Tenant and the other
tenants of the building and/or complex, Landlord shall have the right (and the same is hereby expressly
reserved by Landlord) to add to, alter, or rescind, from time to time, such rules and regulations as
Landlord shall deem necessary for the proper management of the building wherein the Demised Premises
are located. All such changes in rules and regulations shall take effect immediately after notice thereof in
writing shall have been served to Tenant by leaving the same at the Demised Premises. Nothing
contained herein, however, shall be construed to impose upon Landlord any duty or obligation to enforce
the rules and regulations or the terms, covenants or conditions in any other lease, as against any other
tenant in any building located in the complex, and Landlord shall not be liable to Tenant for violation of the
same by any other Tenant, its servants, employees, agents, licensees or invitees.
25. ESTOPPEL CERTIFICATES
Tenant agrees, at any time and from time to time, upon five (5) days prior written notice from
Landlord to execute, acknowledge and deliver to Landlord a statement in writing certifying:
(i) That this Lease constitutes the entire agreement between Landlord and Tenant and is
unmodified and in full force and effect (or if there have been modifications, that the same
is in full force and effect as modified and stating the modification);
26. NEGOTIATION OF PARTNERSHIP, ETC.
It is understood and agreed that the relationship of the parties hereto is strictly that of Landlord
and Tenant and that the Landlord has no ownership in the Tenant's enterprise and this Lease shall not be
construed as a joint venture nor as a partnership. Tenant is not and shall at no time be deemed to be the
agent or representative of the Landlord.
27. NOTICES
Any notice under this Lease Agreement must be in writing and shall be deemed to be duly given
only if delivered personally or mailed by certified mail.
Addressed to the Tenant at:
Lydia Williams, General Services Manager
St. Lucie County Health Department
5150 NW Milner Drive
Port St. Lucie, Florida 34983
Tel: 772.873.4887
Addressed to the Landlord at:
C&W South Investments, LLC.
1500 Gateway Blvd, Suite 220
Boynton Beach, FL 33426
Tel: 561.739.7976
28. PRIOR AGREEMENT INCORPORATION; AMENDMENT; SEVERABILITY
(a) This Lease together with the Exhibits attached hereto, contains the entire agreement
and understanding between the parties. There are no oral understandings, terms or
conditions and neither party has relied upon any representation, express or implied, not
contained in this Lease Agreement or in the Exhibits attached thereto. All prior
understandings, terms or conditions are deemed merged in this Lease.
(b) No provision in this Lease may be amended or added to except by agreement in
writing signed by parties hereto or their respective successors in interest.
(c) If any term or provision of this Lease or the application thereof to any purpose or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Lease, or the application of such term of provision to persons or circumstances other than
those to which it is held invalid or unenforceable, shall not be affected thereby and each
term and provision of this Lease shall be valid and be enforced to the fullest extent
permitted by law.
29. GRAMMATICAL USAGE; BINDING EFFECT ON SUCCESSORS
(a) Wherever the context and the facts permit, the words "Landlord" and "Tenant" as well
as the use of pronouns in any form wherever they appear in this Lease Agreement shall
be deemed to include the singular and plural and all genders and shall include any
successors in interest to the parties hereto.
(b) This Lease Agreement and all of the covenants, terms, conditions, provisions and
undertakings contained herein or in any extension or renewal thereof shall extend to, be
binding upon and inure to the benefit of the heirs, personal representatives, successors
and assigns of the respective parties hereto to the same extent as if each successor and
assign were in each case named and expressed as a party to this original Lease
Agreement. If there is more than one party Tenant, the covenants of the Tenant shall be
a joint and several obligations of each such party Tenant and, if the Tenant is a
partnership, the covenants of the Tenant shall be the joint and several obligations of each
of the partners and, in addition, the obligations of the firm itself.
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30. DELETED
31. DELETED
32. HEADINGS; TABLE OF CONTENTS
The headings to the various paragraphs of this Lease as well as the table of contents are inserted
only as a matter of convenience and for reference and in no way shall the same in any manner be
construed so as to define, limit or describe the scope or intent of this Lease, nor in any way modify, amend
or affect in any way the expressed terms and conditions hereof.
33. VENUE
In the event of any litigation arising out of this Lease Agreement, venue shall be solely in St Lucie
County, Florida.
34. DELETED
35. HOLDOVER
It is further agreed that if Tenant or any assignee or subTenant shall continue to occupy the
leased premises after the termination of this Lease without the prior written consent of Landlord, such
tenancy shall be a tenancy from month to month. Acceptance by Landlord of rent after such termination
shall not constitute a renewal of this lease or a consent to such occupancy nor shall it waive Landlord's
right of re-entry or any other rights of Landlord.
36. DELETED
37. RADON GAS
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your St Lucie County Health Department.
38. REAL ESTATE BROKER DISCLOSURE
Tenant is NOT represented by a broker. The parties have not dealt with any other outside real
estate brokers in connection with this Lease other than Jones Lang LaSalle.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and hear first
above written.
Witnesses as to C&W South Investments, LLC C&W South Investments, LLC
as Landlord:
Witnesses as to Tenant: St. Lucie County / St. Lucie
County Dept. of Health Department Women, Infants
and Children (WIC) Program Pediatric Dentist as Tenant:
By:
Danny Willard, Manager
St. Lucie County / St. Lucie County
Dept. of Health Department Women,
Infants and Children (WIC) Program
Pediatric Dentisit
By:
Chairman,
Board of County Commissioners, St
Lucie County
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ADDENDUM REPRESENTATION BY TENANT
Tenant represents to Landlord that Tenant has relied upon the legal counsel of, Attorney at Law,
of County, who has confirmed below that he has
examined the foregoing Office Lease Agreement on behalf.
DATED this day of
By:
Printed Name:
By:
Printed Name:
CONFIRMATION OF LEGAL COUNSEL
THE UNDERSIGNED hereby confirms that Attorney at Law
has examined the foregoing Office Lease Agreement, the Addendum(s) and Guarantee, if any, on behalf
of and has counseled
DATED this day of
By:
Printed Name:
in regard thereto.
REPRESENTATIVE BY TENANT
THE UNDERSIGNED Tenant(s) and Guarantor(s), each hereby acknowledges that he has been
encouraged to engage legal counsel to review the foregoing Office Lease Agreement, the Addenda and
Guarantees, if any, by Landlord and each hereby confirms that he has waived such benefit of legal
counsel and confirms that he has read, understood and is familiar with all of the terms, conditions and
covenants contained in said Office Lease Agreement, Addenda and Guarantee, if any.
DATED this day of
By:
Printed Name:
By:
Printed Name:
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EXHIBIT "A"
Lake Whitney Phase I —Building: 537 NW Lake Whitney Phase, Suite 101-102 3,612 G.S.F.
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EXHIBIT "B"
LIST OF STANDARD BUILDING FEATURES
By execution hereof, St. Lucie County / St. Lucie County Dept. of Health Department Women, Infants and Children (WIC)
Program Pediatric Dentist (hereinafter referred to as "Tenant"), and the undersigned, C&W South Investments, LLC.
(hereinafter referred to as "Landlord") agree to simultaneously execute an Office Lease Agreement ("Lease") for Units 101,
102 as per Exhibit "A" of the Lease located at 537 NW Lake Whitney Place, Port St. Lucie, FL 34986 in building H located
in Lake Whitney Professional Park and more particularly described in the Lease as Demised Premises, this Letter
Agreement shall become "Exhibit B" thereof.
Landlord and Tenant do mutually agree to the following:
1. The space is in an "AS IS" condition.
2. Landlord agrees to undertake to do the following building standard improvement work on the
Demised Premises. The Landlord shall be responsible for the costs of these modifications:
a. Demo and reframe walls based on floor plan
b. Provide plumbing, electrical & vacuum lines connections for dental chairs (all other dental
equipment provided by others)
c. Provide base cabinets in all examine rooms, sterilization and lab areas
d. Install new vinyl plank flooring from Burke throughout unit
e. (color TBB)
f. Repaint all walls, baseboard and doors (Color TBD)
g. Existing Cabinet to be reused in other areas where feasible
h. Provide backing and electrical for arm lighting
i. Granite top ledge of reception opening.
3. All of the provisions of the Office Lease Agreement shall apply to this work letter, except where
expressly provided otherwise herein.
Witnesses as to C&W South Investments, LLC C&W South Investments, LLC
as Landlord:
Witnesses as to Tenant: St. Lucie County / St. Lucie
County Dept. of Health Department Women, Infants
and Children (WIC) Program Pediatric Dentist
as Tenant
By:
Danny Willard, Manager
St. Lucie County / St. Lucie County
Dept. of Health Department Women,
Infants and Children (WIC) Program
Pediatric Dentist as Tenant:
By:
Chairman,
Board of County Commissioners,
St Lucie County
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EXHIBIT "C"
RULES AND REGULATIONS
FOR
LAKE WHITNEY PROFESSIONAL PARK, A NON-RESIDENTIAL
PHASE CONDOMINIUM
(ALL REFERENCES HEREIN TO CAPITALIZED TERMS WHICH ARE NOT DEFINED IN THESE RULES
AND REGULATIONS SHALL HAVE THE MEANINGS ASCRIBED THERETO IN THE DECLARATION OF
CONDOMINIUM FOR LAKE WHITNEY PROFESSIONAL PARK, A NON-RESIDENTIAL PHASE
CONDOMINIUM ("DECLARATION'), AND THE ARTICLES OF INCORPORATION AND BY-LAWS FOR
LWPP CONDOMINIUM ASSOCIATION, INC.)
A. GENERAL RULES
1. OCCUPANCY. Units shall be used only for the purposes expressly set forth in the Declaration of
Condominium, and for no other purposes. Each Owner, tenant and occupant of a Unit should carefully review the
Declaration for additional occupancy and use restrictions.
2. USE.
(a) No improper, offensive or unlawful use shall be made of any Unit, the Condominium Property,
or of the Common Elements or any part thereof. All laws, zoning ordinances and regulations of all governmental
authorities having jurisdiction thereof shall be observed.
(b) No Unit Owner shall permit or suffer anything to be done or kept in his Unit which will increase
the rate of insurance on the Condominium Property, or which will obstruct or interfere with the rights of other Unit
Owners or annoy them by unreasonable noises, smells or otherwise, nor shall any Unit Owner commit or permit
any nuisance, immoral or illegal act in or about the Condominium Property.
(c) The Association shall possess additional authority to promulgate rules and regulations
governing the manner, method and to what degree additional uses other than noted in this document may be
permitted, and further, the Association shall have the power to revoke the granting of such additional permitted
uses, when in the Association's sole discretion, the use in question has become excessive and/or violates the
commercial professional office character of the Condominium.
(d) The use of all Common Elements shall, at all times, be governed by these Rules and
Regulations, as they may be amended from time to time by the Association, and by such other rules and
regulations as may be posted, from time to time, in and about such Common Elements by the Association.
(e) Common Elements and Limited Common Elements shall only be used for their designated
purposes only, the purposes specifically set forth in the Declaration, or as determined by the Association.
Common Elements and Limited Common Elements shall not be obstructed, littered, defaced, or misused in any
manner.
3. PETS. No pets shall be kept in or outside a Unit or brought onto the Condominium Property except that
guide dogs for the visually impaired will be permitted for a Unit Owner, tenant, occupant or invitee.
4. APPARATUS, ALTERATIONS AND OTHER REGULATIONS.
(a) A Unit Owner shall not cause anything to be affixed or attached to, hung, displayed or placed
on the exterior walls, doors, terraces, or windows of a Building, Common Elements, Condominium Property, or a
Unit, except with the prior written consent of the Association, and further, if and when approved, subject to the
conditions designated and adopted by the Association. No linens, clothing, curtains, rugs, laundry or other articles
shall be shaken or hung from any of the windows, doors or other portions of the Condominium Property. No Unit
Owner or occupant shall permit anything to fall from a window or door of the Condominium Property, nor sweep or
throw from the Condominium Property any dirt or other substance onto any other portion thereof or upon the
Common Elements. All screening, window and exterior glass door coverings and drape linings shall only be in the
colors specified by the Association. Anything to the contrary notwithstanding, any Unit Owner may display one
portable, removal United States flag, whose size and location have first been approved, in writing, by the
Association.
Page 13 Landlord: Tenant:
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8.C.2.a
Lake Whitney Professional Park — W.I.C. Pediatric Dentist LEASE
(b) No Unit Owner shall cause improvements or changes to the exterior of the Condominium,
including, but not limited to, walls, screening, loggia, terrace, slab, porch or painting or other extensive decoration
of any aesthetic nature, installing electrical wiring, television antennae, satellite dish, or air conditioning units which
may protrude through the walls or roof of the Condominium Property or in any manner change the appearance of
any portion of the Buildings without the prior written consent of the Association.
(c) Television, radios, musical instruments and other instrumentality of sound reproduction or
amplification shall only be used at such times and at such levels as will provide a minimum disturbance to other
Units Owners. No radio or television installation or other electrical equipment shall be permitted in any Unit if it
interferes with the television or radio reception of another Unit. No exterior antenna shall be permitted on the
Condominium Property, provided that the Developer shall have the right (but not the obligation) to install and
maintain community antennae, radio and television lines, satellite dish, security systems, and telecommunication
systems, or to permit such equipment subject to additional regulations as solely determined by the Association.
(d) Sidewalks, landscaped areas, entrances, exits, passages, halls, stairways, elevators,
driveways, parking spaces, loading spaces, and all other portions of the Common Elements must, at all times, be
kept free of obstruction.
(e) Unit Owners shall be financially responsible to the Association for damage to the Common
Elements or Limited Common Elements caused by themselves, their tenants, invitees, employees, contractors,
agents, guests and family members. If a Unit Owner fails to reimburse the Association for such damage, the
Association shall have all rights of collection and enforcement under the Declaration.
(f) No garbage cans, supplies, or other articles shall be placed in the pathway, halls, elevators,
stairways, walkways or parking areas unless placed by the Association or approved as an authorized garbage
disposal location by the Association. All garbage shall be properly bagged and deposited in garbage disposal
areas designated by the Association. Each Unit Owner shall comply with the requirements of any company
providing trash removal services retained by the Association. The areas designated for a dumpster by the
Association must be kept clear and unobstructed for use by the trash disposal vendor at all times.
(g) No sign, advertisement, notice, sticker, or other graphics or lettering shall be exhibited,
displayed, inscribed, painted or affixed in, on or upon any part of the Condominium Property, except signs
installed, used or approved by the Developer or the Association. No unsightly materials may be placed on any
window or glass door or be visible through such window or glass door on the Condominium Property.
(h) No flammable, combustible or explosive fluids, chemicals or other substances shall be kept or
stored in any Unit except for those fluids, chemicals or substances used in the scope of that Unit Owner's
approved business use for that Unit and further provided that they must be stored and kept inside the Unit at all
times. No fluids, chemicals or other substances shall be disposed, released, discharged, spilled, stored or kept on
the Common Elements or Limited Common Elements. All fluids, chemicals and other substances shall be
properly disposed of by the Unit Owners according to applicable codes, ordinances and regulations of all
governmental agencies having jurisdiction over the Condominium Property.
(i) Repair, construction, decorating or remodeling work for any Unit or Limited Common Element
may be performed on Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m. (the "normal
working hours"), and on Saturdays, Sundays and legal holidays. Unit Owners either making or causing to make
such repairs or improvements, shall make every effort to coordinate the execution of lengthy noise intensive work
to be performed either after or before normal working hours except in case of an emergency authorized by the
Association or as otherwise permitted under the applicable local municipal code or ordinance. The Developer (for
itself and its agents, designees and contractors) is exempt from this rule and regulation during the time the
Developer is constructing, maintaining or marketing the sale of the Units.
0) No skateboards, scooters, or similar equipment shall be used or stored on the Condominium
Property. Motorcycles, bicycles and mopeds shall be stored only in areas specifically designated by the
Association, if any, or inside the Unit.
(k) Illegal and immoral practices are prohibited.
(1) Lawns, shrubbery or other exterior plantings installed by the Developer or the Association will
not be altered, moved or added to without the prior written permission of the Association, whose consent may be
arbitrarily withheld. Planters may be placed at the entrances to Units if approved by the Board of Directors.
(m) Owners shall not place ash urns, newspaper racks, garbage containers, pallets, crates, boxes,
abandoned machinery or equipment outside of their Units. Unit Owners that generate a disproportionately large
quantity of refuse and consume a disproportionately large quantity of space within the trash facilities on the
Condominium Property, as solely determined by the Association, whose decision shall be final, shall be subject to
an equitably determined Special Assessment by the Association for such inequitable consumption of trash
services.
(n) Owners shall not store any equipment, machinery or toys used in their trade, business or for
leisure time outside of their Units.
Page 14 Landlord: Tenant:
Packet Pg. 54
8.C.2.a
Lake Whitney Professional Park — W.I.C. Pediatric Dentist LEASE
(o) No Unit Owner shall personally access or cause others to access the roof of any Buildings for
any reason whatsoever without first complying with the written procedures of the Association for such access.
Such procedures shall include the filing of applicable licenses and insurance certificates with the Association for
technicians servicing rooftop equipment. Only service contractors who are duly licensed and insured in St. Lucie
County, and who first register with the Association, shall have the right to service utilities, roof mounted equipment
serving the Units, or other equipment permitted by the Association and installed by the Unit Owners, all in
connection with the Unit Owner's maintenance responsibilities as set forth herein or in the Declaration. All service
personnel accessing any roof shall work in a clean and safe manner and shall stay within marked rooftop
circulation paths and walkways and within the immediate area of equipment being serviced. DEVELOPER
SHALL NOT BE RESPONSIBLE OR LIABLE, AND APPLICABLE ROOF WARRANTIES, IF ANY, SHALL BE
NULL AND VOID, IN THE EVENT ROOF ACCESS PROCEDURES ARE NOT STRICTLY FOLLOWED.
(p) None of the following items or equipment shall be permitted on the exterior of the Association
Property, Buildings, Common Elements or Condominium Property: (i) food service/drink/vending or other similar
food dispensing units/machines; or (ii) other vending machines dispensing all types of merchandise, products,
goods, handbills, advertising magazines, or other types of things, as solely determined by the Association, whose
decision shall be final.
5. CHILDREN. Children shall be the direct responsibility of their parents or legal guardians, who must
supervise them, at all times, while they are on the Condominium Property. Children shall not be permitted to play
in the walks, parking areas, stairways, hallways, elevators, storage areas, pathways or corridors of the
Condominium Property.
6. ASSOCIATION.
(a) No Owner, tenant or occupant of a Unit shall direct, supervise or in any manner attempt to
assert any control over any of the employees of the Association, nor shall he or she attempt to send any such
employees on private business of such Unit Owner, tenant, or occupant; such employees are to be directed only
by Officers of the Association or the management personnel engaged by the Association.
(b) The Association shall retain a passkey to the Units, and the Unit Owners shall provide the
Association with a new or extra key whenever locks are changed or added for the use of the Association pursuant
to its statutory right to access the Units or to remedy any situation or condition which, if not remedied, would result
in damage to any other Unit or the Common Elements. Duplication of Unit Owners' keys to Common Element
facilities is restricted in the interest of security. Such keys will be duplicated only with the assistance of the
manager. If such keys are of a high security type they may only be obtained from the manager at a cost
determined by the Board of Directors. Should an Owner fail to provide such a key, the Association shall have the
right to forcibly enter for emergency or other purposes provided herein or under the Declaration.
(c) Pursuant to the provisions of Section 718.112, Florida Statutes, the Association is only
obligated to respond to one written inquiry per Unit in any given 30-day period.
(d) The Association reserves the right to exclude or expel from the Condominium Property any
invitee, licensee, employee, agent, family member, or guest of an Owner or tenant of a Unit who, in the sole
judgment of the Association, is intoxicated or under the influence of alcohol or drugs.
7. PARKING.
(a) No campers, mobile homes, motor homes, house trailers or trailers of any other description,
recreational vehicles, boats or boat trailers, shall be permitted to be parked or to be stored at any time on the
Condominium Property.
(b) All vehicles must be currently licensed. No vehicle which cannot operate on its own power
shall be permitted to remain on the Condominium Property for more than twenty-four (24) hours. The Association
shall have the power to move or tow away improperly parked vehicles and the Association is specifically granted
the rights and benefits of Section 715.07, Florida Statutes.
(c) Speed limits shall be strictly observed.
(d) No vehicle maintenance or repairs shall be performed on the Condominium Property, except
for emergency repairs.
(e) Vehicles may only be washed in vehicle wash areas designated by the Association, if any, by
professional automobile detail companies approved in writing by the Association. No vehicle dripping oil or other
fluids shall be parked or stored on the Condominium Property.
(f) The Developer and its designees are exempt from these and any other parking regulations on
Condominium Property and Association Property for vehicles engaged in any activity relating to construction,
maintenance, or marketing of Units, as are commercial vehicles used by vendors of the Association and Unit
Owners while engaged in work at the Condominium Property.
Page 15 Landlord: Tenant:
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8.C.2.a
Lake Whitney Professional Park — W.I.C. Pediatric Dentist LEASE
8. RESPONSIBILITY FOR DELIVERIES. Unit Owners shall be liable for damages to the Condominium
Property caused by receiving deliveries, or moving or removing furniture or other articles to or from their respective Units.
9. SOLICITATION. There shall be no solicitation by any person anywhere in or on the Condominium
Property for any cause, charity or any other purpose whatsoever, unless specifically authorized by the Association.
10. OPEN DOORS. No Owner or occupant shall allow the front entrance to his or her Unit to remain open for
any purpose other than immediate ingress and egress.
11. FOOD AND BEVERAGES. Food and beverages shall be consumed only within Units and in such other
areas specifically designated for such use by the Association.
12. ODORS. No noxious or unusual odors shall be generated in such quantities that they permeate to other
Units and become annoyances or become obnoxious to other Owners. Normal cooking odors, normally and reasonably
generated from kitchens shall not be deemed violations of this regulation.
13. COOKING DEVICES. No fires, cooking devices, grills or other devices which emit smoke or dust shall be
allowed or used except in outdoor cooking areas specifically designated by the Association.
14. HURRICANE PROTECTION. Laminated glass or window film architecturally designed to function as
hurricane protection that complies with applicable building code shall be installed by Developer in each Unit. Thus, neither
the Association nor any Unit Owner shall have the right to install hurricane shutters on the Units or on the Condominium
Property without the prior written approval from the Association.
15. ELEVATORS AND MOVING. Elevators shall not be abused or overloaded. No children shall be
permitted to play or loiter in the elevators. No delivery or moving carts, or any other objects, shall remain unattended in
elevators. An elevator must be reserved with the Association at least seventy-two (72) hours before a move. Every
Owner, tenant or occupant must provide a certificate of insurance naming the Association as a named insured before
moving in or out of the Condominium regardless of whether an elevator is used in that move. Padding shall be installed in
an elevator while moving furniture or other objects which may damage the interior. An Owner, tenant or occupant moving
in or out of the Condominium, whether or not an elevator is used in that move, shall be required to place a security deposit
with the Association, in an amount reasonably determined by the Association, to cover any repair or damage to the
Common Elements or Association Property resulting from that move. The Unit Owner shall be responsible for any
damage to an elevator caused by Owner or his tenants, occupants, invitees, licensees, employees, family members,
agents and contractors.
16. COMPLIANCE BY UNIT OWNERS. All Owners, tenants, invitees, licensees, guests, family members,
agents, contractors, employees and occupants of a Unit shall comply with these Rules and Regulations, and any and all
rules and regulations which may, from time to time, be adopted by the Association, and the provisions of the Declaration,
Articles of Incorporation and By -Laws of the Association. Failure of any of the foregoing persons to comply with the terms
of this paragraph may subject that person to the imposition of a fine in accordance with the terms set forth in the
Declaration and to possible legal remedies, including, but not limited to, suits for money damages, injunctive relief, or any
combination thereof, as set forth in the Declaration, the Articles and By -Laws.
17. NOT APPLICABLE TO DEVELOPER. These Rules and Regulations shall not be applicable to the
Developer, its designees, successors and assigns, or to Units owned by or leased to the Developer.
18. RELIEF. The Board of Directors shall have the power, but not the obligation, to grant relief to one or more
Unit Owners under the particular circumstances involved from the provisions for specific restrictions contained in these
Rules and Regulations upon written request therefore, and for good cause shown in the sole opinion of the Board.
19. APPROVALS. All approvals required or permitted hereunder from the Association shall be in writing
20. NOTICE. These Rules and Regulations do not purport to constitute all of the restrictions affecting the
Condominium Property. Reference should be made to the Declaration, Articles of Incorporation and By -Laws of the
Association, and any other documents governing the Condominium Property.
Page 16 Landlord: Tenant:
Packet Pg. 56
8.C.2.a
Lake Whitney Professional Park — W.I.C. Pediatric Dentist LEASE
B. RULES FOR UNIT OWNERS PARTICIPATION IN BOARD MEETINGS, A BUDGET COMMITTEE MEETING, AND A
MEETING OF ANY COMMITTEE AUTHORIZED TO TAKE ACTION ON BEHALF OF THE BOARD
RIGHT TO SPEAK:
1. To the maximum extent practicable, the posted board meeting agenda for each meeting will list the
substance of the matters and actions to be considered by the Board.
2. Robert's Rules of Order (latest edition) will govern the conduct of the Association meeting when not in
conflict with the Declaration of Condominium, the Articles of Incorporation, or the By -Laws.
3. After each motion is made and seconded by the Board members, the meeting chairperson will permit
Unit Owner participation regarding the motion on the floor. Such time may be limited depending on the complexity and
effect on the Association.
4. Unit Owner participation will not be permitted after reports of officers or committees unless a motion is
made to act on the report; or the chairperson determines that it is appropriate or is in the best interest of the Association.
5. A Unit Owner wishing to speak must first raise his or her hand and wait to be recognized by the
chairperson.
6. While a Unit Owner is speaking, he or she must address only the chairperson; no one else is
permitted to speak at the same time.
7. A Unit Owners may speak only once for not more than three minutes, and only on the subject or
motion on the floor.
8. The chairperson, by asking if there is any objection and hearing none, may permit a Unit Owner to
speak for longer than three minutes, or to speak more than once on the same subject. The objection, if any, may be that
of a Board member only, and if there is an objection the question will be decided by Board vote.
9. The chairperson will have the sole authority and responsibility to see to it that all Unit Owner
participation is relevant to the subject or motion on the floor.
II. RIGHT TO VIDEO OR AUDIOTAPE:
1. Audio and video equipment and devices that Unit Owners are authorized to use at any such meeting
must not produce distracting sound or light emissions.
2. Audio and video equipment will be assembled and placed in a location that is acceptable to the Board
or the committee before the beginning of the meeting.
3. Anyone videotaping or recording a meeting will not be permitted to move about the meeting room in
order to facilitate the recording.
4. At least 24 hours' advance written notice will be given to the Board by any Unit Owner desiring to use
any audio/video equipment to record a meeting.
Page 17 Landlord: Tenant:
Packet Pg. 57
8.C.2.a
Lake Whitney Professional Park — W.I.C. Pediatric Dentist LEASE
EXHIBIT "D"
Schedule 1 - OPTION 1 BASE ANNUAL LEASE RATE
Gross Base Rent
Option Year
Monthly
Annual
Yr. 1
9,450.10
$113,401.2-0
Yr.2
9,686.36
$116,236.32
Yr.3
9,92-8.51
$119,142.12
Yr.4
10,176.73
5122,120.76
Yr.S5
10,431.15
1 512-5,173.80
Page 18 Landlord: Tenant:
Packet Pg. 58
8.C.2.a
Lake Whitney Professional Park — W.I.C. Pediatric Dentist LEASE
EXHIBIT "E"
"Add a copy of Consumer's Certificate of Exemption"
Page 19 Landlord: Tenant:
Packet Pg. 59
8.C.3
ITEM NO. (ID # 3474)
TO:
PRESENTED BY:
SUBMITTED BY:
CiIRIFrT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE
04/19/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Contract for Sale and Purchase - Right -of -Way - North 2nd Street - Egan
Packing, L.L.C. - Parcel ID 2403-705-0006-000-9 (portion of)
St. Lucie County has been working on the implementation of the Second Street Improvement Project since
2004. The project involves a partnership with the City of Fort Pierce, the State of Florida (FDOT) and the
Florida Seaport Transportation and Economic Development (FSTED) grant.
St. Lucie County received a grant for road improvements to North 2nd Street, the Entrance Road to the
Port. The first phase of the grant is to acquire right-of-way and pond sites.
We need right-of-way from the Egan property for North 2nd Street improvements. Callaway and Price, Inc.
prepared an appraisal with a market value of $11,000.00. A Contract for Sale and Purchase was presented
and accepted by Egan Packing, L.L.C.
PREVIOUS ACTION:
December 21, 2010 - Board of County Commissioners approved a Contract for Sale and Purchase with
Fishmonger Investors, L.L.C. for a pond site.
August 20, 2013 - Board of County Commissioners approved a Warranty Deed of Donation from King
Maritime Group, LLC for right-of-way.
December 3, 2013 - Board of County Commissioners approved an Agreement of Sale with Bancshares
Realty, LLC fka St. Lucie Outboard Marine, Inc. for right-of-way.
March 4, 2014 - Board of County Commissioners approved a Contract for Sale and Purchase with Fort Pierce
Redevelopment Agency for a pond site.
FINANCIAL IMPACT:
140376-4315-561000-46502 - New Port Entrance - Second Street Improvement Project
RECOMMENDATION:
Packet Pg. 60
8.C.3
Staff recommends the Board approve the Contract for Sale and Purchase with Egan Packing, L.L.C.
contingent on an acceptable Environmental Site Assessment, authorize the Chairman to sign the Contract,
direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie
County.
COMMISSION ACTION:
Coordination/Signatures
Danie 5. McIntyre, c�nty ttorney 4/5/2016
Updated: 4/5/2016 11:49 AM byJoAnn Riley Page 2
Packet Pg. 61
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8.C.3.d
PROJECT NAME: PORT OF FORT PIERCE ENTRANCE ROAD
PARCEL: EGAN PACKING, LLC-PARCEL I.D. 2403-705-0006-000/9
CONTRACT FOR SALE AND PURCHASE
FOR REAL PROPERTY ACQUISITION
'7N
THIS AGREEMENT made this 3� day of March, 2016 , EGANP_ACKING, LLC, a
Florida limited liability company, whose mailing address is 1900 Old Dixie Highway, Fort Pierce, FL
34946 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State
of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter
referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell
and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the
County of St. Lucie, Florida, being more fully described as:
SEE ATTACHED EXHIBIT "A"
1. PURCHASE PRICE AND METHOD OF PAYMENT.
The full purchase price Eleven Thousand and 00/100 Dollars, ($11,000.00)
Real Property Parcel I.D. 2403-705-0006-000/9
Payable in Cash or Cashier's check at the time of closing; plus or minus credits,
adjustments and proration as of the date of closing.
2. EXPENSES.
PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying
the subject real property to PURCHASER. Processing fees, if any, for obtaining a release,
partial release or subordination agreement upon any existing mortgage shall be borne by
PURCHASER.
3. TITLE.
PURCHASER shall obtain, at the PURCHASER'S expense, a commitment far title insurance
from a title company of PURCHASER'S choice, certified to a date not earlier than the date
hereof, showing good and marketable title thereto to be vested in the SELLER, free and
clear of all liens and encumbrances except those herein expressly set forth and those which
shall be discharged by SELLER at or before closing. Should PURCHASER find on examinatio W�;?
Packet Pg. 66
8.C.3.d
of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall
notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use
reasonable diligence to make same good and marketable and shall have a reasonable time
therefor, but not to exceed 45 days from the date of said notification. If title shall not be
made good and marketable within said time, all monies paid hereunder shall forthwith be
repaid to PURCHASER and thereupon this contract shall become null and void and the
parties hereto released and relieved of all further rights, duties or obligations hereunder;
or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its
existing condition upon compliance by PURCHASER with the terms of the contract, and in
such event SELLER shall be released and relieved from any duty and obligations to make
such title good and marketable.
4. CONVEYANCE.
SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Special
Warranty peed, all real property to be free and clear of all liens and encumbrances except,
taxes for the current year, and zoning ordinances. Notwithstanding the prior sentence, the
property shall be conveyed "As Is, Where Is".
5. LIENS.
All certified liens or assessments and any pending liens for which work has been completed
prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to
PURCHASER a Mechanic's No -Lien Affidavit as to realty.
6. PRORATIONS.
Taxes, rents, interest and other expenses or revenue of said property shall be prorated from
the cash to close as of the date of closing. Credits and charges for the day of closing shall
belong to and be borne by the SELLER.
7. RISK OF LOSS.
SELLER assumes risk of any and all loss or damage prior to closing and the property shall be
conveyed in the same condition as on the date of this contract, ordinary wear and tear
excepted.
B. POSSESSION.
SELLER shall deliver possession to PURCHASER at the closing.
�el -,
Packet Pg. 67
8.C.3.d
9. CLOSING.
The closing shall be on or before May 31, 2016 at which time all monies due to be paid
hereunder and all instruments due to be made, executed, and delivered by the respective
parties, each to the other, as herein provided, shall be paid and delivered, and the abstract
shall become the property of the PURCHASER, subject to possessory rights and mortgagees
of record.
10. PLACE OF CLOSING.
Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall
notify SELLER in writing of same at least seven (7) days prior to closing.
11. ATTORNEY'S FEES.
Either party failing to comply with the terms hereof will pay all expenses, including a
reasonable attorney's fee, incurred by the other party because of that failure.
12. MISCELLANEOUS.
Written provisions shall control all printed provisions in conflict therewith. This Contract
embodies the entire agreement of the parties and may not be altered or modified except
by an instrument in writing signed by the party against whom the enforcement of any
alterations or modifications is sought.
13. DEFAULT.
If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid
hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not
thereby waive any right or remedy he may have because of such default of SELLER. If
PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder
may be retained by SELLER as liquidated damages which shall be in lieu of all other
remedies allowed by law and this contract shall there upon terminate.
14. DEED RESTRICTIONS.
SELLER warrants that there are no deed restrictions which are coupled with a reverter or
re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that
the title has been duly quieted by suit.
15. ASSIGNMENT.
This contract is freely assignable by the PURCHASER, to another governmental entity, but
3 e;�4 --]
Packet Pg. 68
8.C.3.d
no such assignment is binding upon SELLER until an executed copy thereof is delivered to
the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this
contract.
16. ESCROW CLOSING.
The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no
longer that five (5) business days to allow the deed to the PURCHASER to be recorded and
the abstract of title continued, at the expense of the PURCHASER, to show title in the
PURCHASER, without any intervening encumbrances or change from the date of last
continuation. If there should be any change, the parties shall have the same rights as
provided elsewhere herein, when SELLER is unable to make title good and marketable.
17. RECISSION.
PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of
any insolvency, receivership or bankruptcy proceedings, or is deceased.
18. EXISTING MORTGAGES.
SELLER hereby warrants that existing mortgages are in good standing and SELLER further
agrees to keep them in good standing and to make all payments due thereunder; he shall
either satisfy the mortgage or obtain a release of the subject property from the mortgage
at or before closing.
19. REFUSAL OF SPOUSE.
Failure or refusal of the wife or husband of the SELLER to execute the deed or any other
required document, shall be deemed default of the SELLER,
20. OFFER TO SELL.
SELLER and PURCHASER recognize and agree that by signing this agreement first, the
SELLER is offering to sell the property described above to the PURCHASER in accordance
with the terms and conditions of this agreement. if PURCHASER shall fail to approve this
agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null
and void.
21. SELLER'S REPRESENTATIONS.
(a) SELLERwarrants and represents that there are no leases, occupancies, ortenancies;
and none will be agreed to prior to closing without PURCHASER'S consent,
4
Packet Pg. 69
8.C.3.d
(b) SELLER has not entered into any contracts, subcontracts, licenses, concessions,
easements, or other agreements, service arrangements, either recorded or
unrecorded, written or oral, affecting the property.
(c) SELLER agrees with PURCHASER that from and after the date hereof and prior to
dosing, SELLER will not enter into any lease or agreement or any modification of
any existing lease or agreement pertaining to the subject property without the
written consent of PURCHASER.
(d) Neither the whole nor any part of the subject property is now, and at the closing
will be, in violation of any code, ordinance, statute, or regulation pertaining thereof;
and SELLER has received no notice of any such violation. SELLER shall deliver to
PURCHASER any such notice received prior to or after closing.
(e) There are no encroachments other than those shown on the Boundary Survey
prepared by Morgan & Eklund, Inc. dated July 24, 2015, attached as Exhibit "B".
(f) All of SELLER'S representations and warranties set forth in this Contract shall be
true as of and surviving the closing, and all obligations of SELLER involving action or
performance by SELLER prior to closing shall have been fully complied with. In the
event that a lien, claim or cause of action should arise, resulting from the activities
upon the property prior to closing or from any misrepresentations concerning the
property contained herein, SELLER shall at its sole cost and expense defend against
such claim or cause of action, and hold PURCHASER harmless therefrom, which shall
include, but not be limited to, SELLER'S retaining such attorneys or other persons as
may be required to fulfill this indemnification. If any of the representations of
SELLER contained in this paragraph are inaccurate at the present time or as of the
date of dosing, PURCHASER may elect not to close this transaction in which event
all parties shall be relieved from all obligations and liabilities hereunder; provided
however, that nothing contained herein shall preclude PURCHASER from seeking
specific performance of SELLER'S obligations hereunder so as to rectify any
misrepresentation made by SELLER herein.
22. COMPLIANCE WITH ENVIRONMENTAL LAWS.
As of and subsequent to the date of this Contract of Sale, the SELLER warrants and
represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S
knowledge and belief that there is no violation of Federal, State, and/or local
environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S
expense, shall have the right to have said items inspected, and if upon inspection such
items do not meet the above representations, PURCHASER shall have the option of
s
Packet Pg. 70
8.C.3.d
canceling this Agreement or PURCHASER may elect to proceed with the transaction.
23. CONFLICT OF LAWS.
The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall
be determined pursuant to the Laws of the State of Florida.
The covenants herein shall bind and the benefits and advantages shall inure to the
respective heirs, executors, administrators and successors or the parties hereto. Whenever used,
the singular shall include the plural, and the plural the singular and the use of any gender shall
include all genders.
IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals.
EXECUTED by SELLER this ,,X� day of March, 2026.
itnesS
Witness
STATE OF�C)
COUNTY O
EGAN PACKING, LLC
a Florida limited liability company
By:
It's: VlC,�ES%�,E~N 7r
T e fore Ding in trument was ackn wledg before met is day of March, 2016, by
't'sof EGAN PACKING, LLC, a Florida
limited liability company (� who is personally known to me or (_) who has produced a driver's
license issued within the last five years as identification.
TER] M. WEYANDT .—Blimpub4lic
. •,' � * MY COMMISSION # FF 139307 LOP
* EXPIRES: July 17, 20i6
0"', FF�°4�r Borded1bruswot Notary URIC" (Print Name of Notary Pu lic)
My Commission ExpireQ 1 "
Packet Pg. 71
8.C.3.d
EXECUTED by PURCHASER this day of , 2016
ATTEST:
BOARD DE COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO FORM AND CORRECTNESS
County Attorney
Packet Pg. 72
8.C.3.d
EXHIBIT "A"
Parcel I.D. 2403-705-0006-000/9
LEGAL DESCRIPTION:
A parcel of land lying in Section 3, Township 35 South, Range 40 East, St. Lucie County, Florida, more
particularly described as follows:
Commencing at an iron rod and cap, LB 6790, found at the intersection of the north right-of-way line of
the Florida East Coast Railway Spur Track 100 with the west right-of-way line of North 2"d Street (60ft.
right-of-way at this location) having a northing of 1136146.62 and an Easting of 874458.77 referenced
to the Florida State Plane Coordinate System, East zone, North American Datum of 1983, 1990
adjustment (NAD83\90); proceed along said westerly right-of-way of North 2"d Street N 15051'51" W a
distance of 289.22 feet to an iron pipe found on the south line of Lot 6, Block A as shown on the
Assessor's Map of the North part of Fort Pierce, filed in the St. Lucie County Clerk's Office in Plat Book 1,
Page 164, having a Northing of 1136424.82 and an Easting of 874379.71(NAD83\90), said point being
the Point of Beginning; thence through the lands of the Grantor N 12001' 36" W a distance of 202.07
feet to a point on said West right-of-way line of North 2"d Street; thence along same S 15° 51' 51" E a
distance of 205.43 feet to a point on the South line of Lot 6; thence S 89054' 04" W a distance of 14.05
feet to the Point of Beginning.
Containing 1389 square feet+/ -
Packet Pg. 73
1 8.C.3.d I
gy i 4tiFt i' "7
VICINITY MAP
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP SS SOUTH, RANGE 40 EAST, 87. LUCIE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENOINO AT AN IRON ADD AND CAP, LB 6790, FOUND AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF THE
FLORIDA EAST COAST RAILWAY SPUR TRACK 100 WITH THE WEST RIGHT-OF-WAY LINE OF NORTH 2ND STREET (60- RIGHT -OF -MAY AT
THIS LOCATION) HAVING A NORTHING OF 1130146.62 AND AN EASTING OF 074458,77 REFERENCED TO THE FLORIDA STATE PLANE
COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1090 ADJUSTMENT (NAD83190); PROCEED ALONG SAID
WESTERLY RIGHT-Of•WAY OF NORTH 2NO STREET N 18'61'51' W A DISTANCE OF 260.22 FEET TO AN IRON PIPE FOUND ON THE
SOUTH LINE OF LOT 6, BLOCK A AS SHOWN ON THE ASSESSOR'S MAP OF THE NORTH PART OF FORT PIERCE, FILED IN THE ST.
LUCIE COUNTY CLERK'S OFFICE IN PLAT BOOK 1, PAGE 164, HAVING A NORTHING OF 1136424.42 AND AN EASTING OF 8743T9,71
(NA083001, SAID POINT BEING THE POINT OF BEGINNING; THENCE THROUGH THE LANDS OF THE GRANTOR N 12` 01' 36' W A
DISTANCE OF 202.07, FEET TO A POINT ON SAID !VEST RIGHT.CF-WAY LINE OF NORTH 2ND STREET; THENCE ALONG SAME
S 16' 61' 51' E A DISTANCE OF 205.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 6; THENCE S 89' 64' 04' W A DISTANCE
OF 14.05 FEET TO THE POINT OF BEGINNING,
CONTAINING '1389 SQUARE FEET2
1. COORDINATES AND BEARINGS ARE REFERENCED TO THE FLORMASTATE PLANE COORWNATESYSTEM. EAST ZONE, NORTH
AMERICAN DATUM 120,199OADJUSTMENT (NAD $WWAND ARE BASED ORA NATIONAL GEODETIC SURVEY MONUMENT A3501079,
COASTAL GEODETIC SURVEY MONUMENTS NO< 31980. AND C231 1905.
2. THE RECORDED PLAT DOES NOT SHOW DISTANCES, BEARINGS OR INTERIOR ANGLES FOR THIS LOT.
3. IMPROVEMENTS ON REMAINDER OF LOT HOT SHOWN.
4, BURIED UTILITY LINES NOT LOCATED.
5. THE WESTERLY RIGHT-OF•WAY OF NORTH 2ND STREET ESTABLISHED BY HOLDING OUSTING MONUMENTATION AS FOUND AND
LOCATED.
CERTIFIED To:
ST. LUCIE COUNTY. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. TREASURE COAST ABSTRACT AND
TITLE INSURANCE CO„ CHICAGO TITLE INSURANCE COMPANY
CERTIFICATION
I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY
MADE UNDER MY DIRECTION, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY XNIOWLEDCE AND BELIEF,
AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND
SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO SECTION 472.027. FLORIDA STA
JOHN R. M �GA, I,PLS ���PROFESSI AD SURVEYOR�FLORIDA ATION NUMBER 3520
....MOFiC�JAN & EKLl7NU, Wc. j PARCEL 745-0006-040/9 55424 0
reoP6reslaxAL 6u11Y6T aaxiuLTAxTB jt BOUNDARY SURVEY
FOR -
1owE-Xr9-H%tyI
Packet Pg. 74
8.C.3.d
JAMCO, INC. UTILITY POLE AND
ORB 1651, PAGE 1593 ANCHOR
FOUND CONCRETE MONUMENT
GRAVEL : NO IDENTIFICATION
DRIVEWAY _ `� SANITARY SEWER
;. FIRE HYDRANT AND
llls BOLLARDS
6' CHAIN LINK FENCE 1�
l
S UTILITY POLE
PAVED DRIVEWAY
BACKFLOW PR£VENTER
EGAN PACKING, LLC, �- AND BOLLARDS
1103 NORTH 2ND STREET ' . o
OVERHEAD WIRES
UTILITY POLE AND
5 ANCHOR
EXISTING RIGHT—OF—WAY ? SANITARY SEWER
6' CHAIN LINK FENCE UTILITY POLE
A PORTION OF LOT 6, BLOCK A 1� EDGE OF PAVEMENT
ASSESSOR'S MAP OF NORTH
PART OF FORT PIERCE i i PK NAIL AND DISK
PLAT BOOK 1, PAGE 164 `
MORGAN do EKLUi�ID�
PAVED LB 4298 ✓�
a ✓
DRIVEWA .
BOLLARDS
MAILBOX "d ✓'
6' CHAIN LINK FENCE ---� 4
PROPOSED RIGHT-OF-WAY UTILITY POLE
SANITARY SEWER
PAVED DRIV&ii
Sty' 51' 51"E
44't ._.
RIGHT OF WAY k 205.4
VARIES r 5$9' S4' 04"W
N12' 01' 36 W 14.05'
202 07�
PAVED DR,ill",, IRON PIPE FOUND
NO IDENITICATION
�0.25' NORTH
POINT OF
SOUTH LINE LOT s BOLLARD----.....x BE INNING
g3;a IRON IPE FOUND
6' CHAIN LINK FENCE CON E7E ' *' NO ID NTIFICATION
PALMDALE OIL CO. DRI AY " ' N - 1 36424.82
ORB 1227, PAGE 1066 E - 8 379.71
IT POINT OF
15' 51' 51"W COMMENC GENT
sa,r �o15t
`- 289.22 FOUND IRON R
AND CAP
LS 6790
-. N : 1136146.62
AD83/9
874458.77
MORQAN & EKLUND, INC.
PARCEL #705-0006-000/9
BOUNDARY SURVEY
iS PROPRINIONAL SURVEY OON#WI TANTR
C
_ FOR
a74S 1 xaAY $M
P.O. WM W
taAxao, n "
<1a4 S11 1ST MAY
oaw,nn suety, n .,
TAYLOR ENGINEERING, INC.
7/24/15
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EXHIBIT
Packet Pg. 75
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8.C.4
ITEM NO. (ID # 3481)
TO:
PRESENTED BY:
SUBMITTED BY:
CiIRIFrT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE
04/19/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Permission to Advertise Notice of Intent and Public Hearing - Town Place
Plat No. One recorded in Plat Book 53 Page 30 and 31
The County received a request from Lee Dobbins, Esq. to abandon the Plat of Town Place Plat No. One
recorded in Plat Book 53 Page 30 and 31 of the Public Records of St. Lucie County.
PSL Town Place Partners, LLC own the entire subdivision. They have not sold or conveyed any part of the
Plat and would like to redevelop the property.
On March 14, 2016, City Council of the City of Port St. Lucie approved Resolution 16-R21 vacating Town
Place Plat No. One recorded in Plat Book 53 Page 30 and 31. Fund Title Notes state in order for the property
owner to obtain a clean title insurance policy, it is not enough to simply have the City vacate the plat or
replat the property. The property owner must furnish the County with a certified copy of the resolution of
the City vacating the plat, and then obtain a resolution from the County approving the vacation of the plat,
per Florida Statute 177.101(4).
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board authorize PSL Town Place Partners, LLC to advertise a Notice of Intent
and Public Hearing to be held on May 17, 2016 at 9:00 a.m. or as soon thereafter as possible.
COMMISSION ACTION:
Packet Pg. 76
8.C.4
Coordination/Signatures
Danie, S. McIntyre, C my +ttorney 4/5/2016
Updated: 4/5/2016 1:37 PM byJoAnn Riley Page 2
Packet Pg. 77
TOWN PLACE PLAT NO. ONE
8.C.4.a
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DISCLAIMER
s. Lune caumymaxea no wanenN. nwasanmvion or guaranty as to memnlenr. seRuencm accuracy, timenness. or comlNateneas or env sl me geodata inf m,ation vro.idaa ne�e��
the reader enoeu nouelven Ina dare proa�ed a.r.;n far any reoson. sr. wcie ceunly e.pociny eisaa�mcany repreremamnaane wamenoee, iawair�g. wimeat dmitalma, me imvr a
rantiesM merchantagliFy and fitness taro pardc A parpo;.— Wcie Ceantysk......tek,lia Glity br 1. Any ertors.amisaions. er ineccurac�as.tf
mfarmetien prerMetl ragardlese of Mw caused; or 3_Any deueion made a action taken er not to ken by arty person in reliance upon anY inPormaAan a data famishatl hereunder.
0 0.0050.01 0.02 0,03
O.Oa
Miles
Packet Pg. 78
8.C.4.b
® E A N
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V L l 1 E A
Dean, plead, Minton & Zwemer
Attorneys and Counselors at Law
1903 South 25th Street, Suite 200
Orlando
P.O. Box 2757 (ZIP 34954)
Fart Pierce
Fort Pierce, FL 34947
Gainesville
Tallahassee
Tampa
Viera/Melbourne
(772) 464-7700
W. LEE DOBBINS
(772) 464-7877 Fax
LDobbins@deanmead.com
www deanmead.com
March 23, 2016
VIA EMAIL AND HAND DELIVERY
Bonnie Landry hilt,
Planning Manager
St. Lucie County Planning Division
2300 Virginia Ave
Fort Pierce, FL 34982
Re: PSL Town Place Partners, LLC 1 Town Place
Vacation of Town Place Plat No. 1
Dear Ms. Landry:
Enclosed is a certified copy of City of Port St. Lucie Resolution 16-R21, vacating Town
Place Plat No. 1. As we discussed several weeks ago, this law firm represents PSL Town Place
Partners, LLC which owns the land in the City of Port St. Lucie encumbered by Town Place Plat
No. 1 (attached to the certified resolution is proof of ownership). PSL Town Place Partners,
LLC would like to vacate Town Place Plat No. 1, so they can redevelop the property.
Also enclosed are the Fund Title Notes addressing the requirements that title companies
follow with respect to vacating plats. If you'll look at the highlighted language on pages 3 and 4
of the Fund Title Notes, in order for the property owner to obtain a clean title insurance policy, it
is not enough to simply have the City vacate the plat or replat the property. The property owner
must furnish the County with a certified copy of the resolution of the City vacating the plat, and
then obtain a resolution from the County approving the vacation of the plat (see F.S. 177.101(4)).
On behalf of PSL Town Place Partners, LLC, I am requesting that the County
Commission pass a resolution approving the vacation of Town Place Plat No. 1. Please note that
F.S. 177.101 requires that a legal notice be published in not less than two weekly issues of a
newspaper of general circulation in the County. If you would provide me with the County's
standard form of notice for a vacation of plat, we will pay to have the vacation advertised. The
statute also requires that we provide certificates showing that all taxes have been paid (please see
attached).
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F0233581.v1 A Member of ALFA International - The Global Legal Network Packet Pg. 79
Bonnie Landry
March 23, 2016
Page 2
Thank you for your help and please call me if you have questions or need any further
information from me.
B gardS,
W. Lee Dobbins
WLD:sb
Enclosures
cc: Richard Lundy (via email 1 without enclosures)
Joe Capra (via email 1 without enclosures)
Mike Houston (via email / without enclosures)
8.C.4.b
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F0233581,v1 I Packet Pg. 80
8.C.4.c
TOWN PLACE PLAT NO. ONE
A REPLAT OF LOTS 9 AND 10, BLOCK 4 AND A PORTION -OF ,LOTS 15 AND
LUCIE GARDENS AS RECORDED IN PLAT BOOK 1, PAGE 35,,CITY OF PORT
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
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TOWN PLACE PLAT NO. ONE
A REPLAT OF LOTS 9 AND 10, BLOCK 4 AND A PORTION OF LOTS 15 AND 16, ]BLOCK 3, ST. LUCIE
GARDENS AS RECORDED IN PLAT HOOK 1, PAGE 35, CITY OF PORT SAINT LUCIE, OF THE PUBLIC
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FORT PIERCE FLORIOA 14991
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MICNAEL T. OWEN
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8.C.4.d
Select Year: Go
The 2015 Florida Statutes
Title XII Chapter 177 View Entire Chapter
MUNICIPALITIES LAND BOUNDARIES
177.101 Vacation and annulment of plats subdividing land.--
(1) Whenever it is discovered, after the plat has been recorded in the public records, that the developer
has previously caused the lands embraced in the second plat to be differently subdivided under and by
virtue of another plat of the same identical lands, and the first plat was also filed of public record at an
earlier date, and no conveyances of lots by reference to the first plat so filed appears of record in such
county, the governing body of the county is authorized and directed to and shall, by resolution, vacate and
annul the first plat of such lands appearing of record upon the application of the developer of such lands
under the first plat or upon application of the owners of all the lots shown and designated upon the second
and subsequent plat of such lands, and the circuit court clerk of the county shall thereupon make proper
notation of the annulment of such plat upon the face of such annulled plat.
(2) Whenever it is discovered that after the filing of a plat subdividing a parcel of land located in the
county, the developer of the lands therein and thereby subdivided did cause such lands embraced in said
plat, or a part thereof, to be again and subsequently differently subdivided under another plat of the same
and identical lands or a part thereof, which said second plat was also filed at a later date; and it is further
made to appear to the governing body of the county that the filing and recording of the second plat would
not materially affect the right of convenient access to lots previously conveyed under the first plat, the
governing body of the county is authorized by resolution to vacate and annul so much of the first plat of
such lands appearing of record as are included in the second plat, upon application of the owners and
developer of such lands under the first plat or their successors, grantees, or assignees, and the circuit court
clerk of the county shall thereupon make proper notation of the action of the governing body upon the face
of the first plat. The approval of a replat by the governing body of a local government, which encompasses
lands embraced in all or part of a prior plat filed of public record shall, upon recordation of the replat,
automatically and simultaneously vacate and annul all of the prior plat encompassed by the replat.
(3) The governing bodies of the counties of the state may adopt resolutions vacating plats in whole or in
part of subdivisions in said counties, returning the property covered by such plats either in whole or in part
into acreage. Before such resolution of vacating any plat either in whole or in part shall be entered by the
governing body of a county, it must be shown that the persons making application for said vacation own
the fee simple title to the whole or that part of the tract covered by the plat sought to be vacated, and it
must be further shown that the vacation by the governing body of the county will not affect the ownership
or right of convenient access of persons owning other parts of the subdivision.
(4) Persons making application for vacations of plats either in whole or in part shall give notice of their
intention to apply to the governing body of the county to vacate said plat by publishing legal notice in a
newspaper of general circulation in the county in which the tract or parcel of land is located, in not less
than two weekly issues of said paper, and must attach to the petition for vacation the proof of such
publication, together with certificates showing that all state and county taxes have been paid. For the
purpose of the tax collector's certification that state, county, and municipal taxes have been paid, the taxes
shall be deemed to have been paid if, in addition to any partial payment under s. 194.171, the owner of the
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4/5/2015 1 Packet Pg. 83
platted lands sought to be vacated shall post a cash bond, approved by the tax collector of the count 8.C.4.d
where the land is located and by the Department of Revenue, conditioned to pay the full amount of any
judgment entered pursuant to s. 194.192 adverse to the person making partial payment, including all costs,
interest, and penalties. The circuit court shall fix the amount of said bond by order, after considering the
reasonable timeframe for such litigation and all other relevant factors; and a certified copy of such
approval, order, and cash bond shall be attached to the application. If such tract or parcel of land is within
the corporate limits of any incorporated city or town, the governing body of the county shall be furnished
with a certified copy of a resolution of the town council or city commission, as the case may be, showing
that it has already by suitable resolution vacated such plat or subdivision or such part thereof sought to be
vacated
(5) Every such resolution by the governing body shall have the effect of vacating all streets and alleys
which have not become highways necessary for use by the traveling public. Such vacation shall not become
effective until a certified copy of such resolution has been filed in the offices of the circuit court clerk and
duly recorded in the public records of said county.
(6) All resolutions vacating plats by the governing body of a county prior to September 1, 1971, are
hereby validated, ratified, and confirmed. Such resolutions shall have the same effect as if the plat had
been vacated after September 1, 1971.
History. s. 1, ch. 71-339; s. 1, ch. 79-86; s. 32, ch. 87-224; s. 9, ch. 98-20.
Copyright O 1995-2016 The Florida Legislature • Privacy Statement • Contact Us
4/5/2016 1 Packet Pg. 84
8.C.5
ITEM NO. (ID # 3489)
TO:
PRESENTED BY:
SUBMITTED BY:
CiIRIFrT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Katherine Barbieri, Asst. County Attorney
County Attorney
DATE
04/19/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Permission to file suit for right of action for possession - 5291 Amy Lane, Fort
Pierce, FL
Mr. James Fahey has had some ownership interests in the above property since March 27, 1985. Property
taxes were not paid for a significant period of time. On January 28, 2016, the above property was escheated
by tax deed to St. Lucie County. St. Lucie County Housing & Community Services Department has reached
out to Mr. Fahey on several occasions, including, but not limited to, a letter dated March 2, 2016 requesting
he contact the Housing Manager.
On April 8, 2016, the Building Official, a Code Officer, and the County's Risk Manager meet Mr. Fahey on
the property to inspect the property. Staff was allowed to enter the property. The Building Official has
determined that the building at 5291 Amy Lane has been significantly damaged and is manifestly unsafe
and unsanitary for use as a single family dwelling. Mr. Fahey is currently still using the residence.
Staff is requesting permission to file suit for right of action for possession of the property and any other
action required to evict Mr. Fahey.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
102-2415-534000-200
RECOMMENDATION:
Staff recommends that the Board grant permission to allow the County Attorney to file suit against Mr.
James Fahey.
COMMISSION ACTION:
Packet Pg. 85
8.C.5
Coordination/Signatures
Danie, S. McIntyre, C my +ttorney 4/14/2016
Updated: 4/12/2016 11:35 AM by Katrina Slay Page 2
Packet Pg. 86
8.D.1
ITEM NO. (ID # 3462)
COUNTY
' R I ` A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
Susan Jacob, Library Manager
Library Services Division
Library Internet Service Provider Agreement
DATE: 04/19/2016
*CONSENT
AGENDA\COMMUNITY
SERVICES
Mandated by Congress in 1996 and implemented by the Federal Communications Commission (FCC) in
1997, the E-rate program provides for the possibility of discounted Internet access -related services to
schools and Libraries. Eligible libraries may receive discounts on these services, ranging from 20 to 90
percent, with higher discounts for higher poverty and more rural schools and libraries.
Libraries must have their own contracts with the vendors and are always responsible for paying at least
some part of the cost of service. The St. Lucie County Library System has successfully applied for this
discount since 2006, has historically received an 80% discount and has been able to realize over $1,000,000
in savings for the County on Internet access -related services. The full annual retail rate for Library Internet
service would be $19,284. Assuming the historic 80% E-rate discount, the total Internet cost would be
$3,856.80 thereby saving St. Lucie County $15,427.20.
As required by the program the Library must submit an annual application for each service requested. This
application must include an executed contract from a competitively bid utility vendor providing the
requested service.
With the Library's last contract set to expire on June 30, 2016, County IT and the Library's Head of
Information Services worked together to bid and decide on a vendor. Based on pre -determined criteria,
AT&T was the successful bidder for Internet Service to the Library. This is a 2- year contract, with an option
of three 1-year renewals. The contact would begin July 1, 2016.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funds are available in Library Fund (001-7110-541000-700).
RECOMMENDATION:
Packet Pg. 87
8.D.1
Staff recommends approval of the AT&T contract providing for Library Internet service and authorization
for the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
�.u,c e s Dir r 4/4/2016
Danie, s. McIntyre, c my ttorney 4/5/2016
Updated: 4/6/2016 4:16 PM by Susan Jacob Page 2
Packet Pg. 88
8.D.1.a
20160322-7814
6) at&t
MASTER AGREEMENT
201603227814UA
AT&T MA Reference No.
Customer
AT&T
St Lucie County Library System
AT&T Corp.
Street Address: 101 Melody Lane
City: Ft Pierce State/Province: FL
Zip Code: 34950 Country: USA
Customer Contact for notices
AT&T Contact for notices
Name: Randy Miller
Street Address:11760 US Hwy 1, FL 3, West Tower
Title: Information Systems Division Manager
City: North Palm Beach State/Province: FL
Street Address: 101 Melody Lane
Zip Code: 33408 Country: USA
City: Ft Pierce State/Province: FL
Zip Code: 34950 Country: USA
With a copy to:
Telephone: 772.462.1802
AT&T Corp.
Fax:
One AT&T Way
Email: milterraa@stlucieco.org
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email- mast att.com
This Master Agreement ("Master Agreement"), between the customer named above ('Customer') and the AT&T entity named above
("AT&T"), is effective when signed by both Customer and AT&T.
Customer
(by its authorized representative)
AT&T
b its authorized representative)
B:
B:
Name:
Name:
Cheryl W kowski
Title:
Title:
Associate Director - Customer Contracts
Date:
Date:
3-23-16
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8.D.1.a
MASTER AGREEMENT
1. INTRODUCTION
1.1 Overview of Documents. This Master Agreement and the following additional documents (collectively, the "Agreement") shall
apply to all products and services AT&T provides Customer pursuant to this Agreement ("Services') and shall continue in effect so long as
Services are provided under this Agreement:
(a) Pricing Schedules. A "Pricing Schedule" means a pricing schedule (including related attachments) or other document that is
attached to or is later executed by the parties and references this Master Agreement. A Pricing Schedule includes the Services,
the pricing (including discounts and commitments, if applicable) and the pricing schedule term ("Pricing Schedule Term").
(b) Tariffs and Guidebooks. "Tariffs" are documents containing the descriptions, pricing and other terms and conditions for a
Service that AT&T or its Affiliates file with regulatory authorities. "Guidebooks" are documents (designated as Guidebooks or
Price Lists) containing the descriptions, pricing and other terms and conditions for a Service that were but no longer are filed with
regulatory authorities. Tariffs and Guidebooks can be found at att.comtservicepublications or other locations AT&T may
designate.
(c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP") applies to (i) Services provided over or accessing the Internet
and (ii) wireless (i.e., cellular) data and messaging Services. The AUP can be found at att.comlauo or other locations AT&T may
designate.
(d) Service Guides. The descriptions, pricing and other terms and conditions for a Service not covered by a Tariff or Guidebook
may be contained in a Service Guide, which can be found at att.comiserviceoublications or other locations AT&T may designate.
1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: the applicable Pricing Schedule or
Order; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that Tariffs will be first in priority in any
jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms.
1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any
time.
1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate
contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their
respective Affiliates to comply with any such separate and associated contract.
2. AT&T DELIVERABLES
2.1 Services. AT&T will either provide or arrange to have an AT&T Affiliate provide Services to Customer and its Users, subject to
the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the
appropriate regulatory authority will be the service provider. If an applicable Service Publication expressly permits placement of an order �
for a Service under this Master Agreement without the execution of a Pricing Schedule, Customer may place such an order using AT&T's a
standard ordering processes (an "Order"), and upon acceptance by AT&T, the Order shall otherwise be deemed a Pricing Schedule under Q
this Master Agreement for the Service ordered. m
2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site ("AT&T Equipment"), R
but title to the AT&T Equipment will remain with AT&T. Customer must provide adequate space and electric power for the AT&T
Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or
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damage to the AT&T Equipment (other than ordinary wear and tear), except to the extent caused by AT&T or its agents_
2.3 Purchased Equipment. Except as specified in a Service Publication, title to and risk of loss of Purchased Equipment shall pass Q
to Customer on delivery to the transport carrier for shipment to Customer's designated location.
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2.4 License and Other Terms. Software, Purchased Equipment and Third -Party Services may be provided subject to the terms of a N
separate license or other agreement between Customer and either the licensor, the third -party service provider or the manufacturer.
Customer's execution of the Pricing Schedule for or placement of an Order for Software, Purchased Equipment or Third -Party Services is
Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT&T's sole
06
responsibility with respect to Third -Party Services is to place Customer's orders for Third -Party Services, except that AT&T may invoice
and collect payment from Customer for the Third -Party Services. ar
3. CUSTOMER'S COOPERATION
3.1 Access Right. Customer will in a timely manner allow AT&T access as reasonably required for the Services to property and
equipment that Customer controls and will obtain at Customer's expense timely access for AT&T as reasonably required for the Services Q
to property controlled by third parties such as Customer's landlord. AT&T Wit coordinate with and, except in an emergency, obtain
Customer's consent to enter upon Customer's property and premises, which consent shall not be unreasonably withheld. Access rights
mean the right to construct, install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary
equipment space within a building for Customer's connection to AT&T's network. Customer must provide AT&T timely information and
access to Customer's facilities and equipment as AT&T reasonably requires for the Services, subject to Customer's reasonable security
policies. Customer will fumish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items as AT&T
reasonably requires for the Services and will obtain any necessary licenses, permits and consents (including easements and rights -of -
way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule.
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3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a
safe working environment, free of Hazardous Materials and reasonably suitable for the Services. "Hazardous Materials" mean any
substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling,
disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. AT&T shall have no
obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous
Materials.
3.3 Users. "User" means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply
with this Agreement and is responsible for Users' use of any Service unless expressly provided to the contrary in an applicable Service
Publication.
3.4 Resale of Services. Customer may not resell the Services or rebrand the Services for resale to third parties without AT&T's L
prior written consent.
4. PRICING AND BILLING o
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4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. The prices listed in a Pricing li
Schedule are stabilized until the end of the Pricing Schedule Term and will apply in lieu of the corresponding prices set forth in the L)
applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. Unless the Pricing L
Schedule states otherwise, at the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or cn
other requirements in a Service Publication for Customer to terminate a Service Component) under a month -to -month service arrangement
at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or
conditions on 30 days' prior notice to Customer.
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4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of and Customer will pay all taxes
(excluding those on AT&Ts net income), surcharges, recovery fees, customs clearances, duties, levies, shipping charges and other similar
charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to
the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides a valid
exemption certificate prior to the delivery of Services. To the extent required by law, Customer may withhold or deduct any applicable taxes J
from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent m
allowed by law or treaty and will fumish AT&T with such evidence as may be required by relevant taxing authorities to establish that such I
tax has been paid so that AT&T may claim any applicable credit.
4.3 Billing. Unless a Service Publication specifies otherwise, Customer's obligation to pay for a Service Component begins upon c
availability of the Service Component to Customer. Customer will pay AT&T without deduction, setoff or delay for any reason (except for
withholding taxes as provided in Section 4.2 - Additional Charges and Taxes or in Section 4.5 - Delayed Billing; Disputed Charges). At
Customer's request, but subject to AT&Ts consent (which may not be unreasonably withheld or withdrawn), Customer's Affiliates may be
invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates a
do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T Q
determines, in its reasonable judgment, that Customer or its Affiliates are not creditworthy, and AT&T may apply such deposit to any N
charges owed. ra
4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or F_
Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements 06
or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored Q
payments, including reasonable attorneys' fees. AT&T may charge late payment fees at the lowest of (a) 1.5% per month (18% per co
annum), (b) for Services contained in a Tariff or Guidebook at the rate specified therein, or (c) the maximum rate allowed by law for c
overdue payments. N
4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services initially invoiced more than 6 f°
months after close of the billing period in which the charges were incurred, except for calls assisted by an automated or live operator. If o
Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charge and the reason it is disputed within 6 06
months after the date of the invoice in which the disputed charge initially appears, or Customer waives the right to dispute the charge. The c
portion of charges in dispute may be withheld and will not be considered overdue until AT&T completes its investigation of the dispute, but
Customer may incur late payment fees in accordance with Section 4.4 (Payments). Following AT&Ts notice of the results of its
investigation to Customer, payment of all properly due charges and properly accrued late payment fees must be made within ten (10)
business days. AT&T will reverse any late payment fees that were invoiced in error. Q
4.6 Credit Terms. AT&T retains a lien and purchase money security interest in each item of Purchased Equipment and Vendor
Software until Customer pays all sums due. AT&T is authorized to sign and file a financing statement to perfect such security interest.
4.7 MARC. Minimum Annual Revenue Commitment ("MARC") means an annual revenue commitment set forth in a Pricing Schedule
that Customer agrees to satisfy during each 12-consecutive-month period of the Pricing Schedule Term. If Customer fails to satisfy the
MARC for any such 12-month period, Customer will pay a shortfall charge in an amount equal to the difference between the MARC and the
total of the applicable MARC-Eligible Charges incurred during such 12-month period, and AT&T may withhold contractual credits until
Customer pays the shortfall charge.
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4.8 Adjustments to MARC.
(a) In the event of a business downturn beyond Customers control, or a corporate divestiture, merger, acquisition or significant
restructuring or reorganization of Customer's business, or network optimization using other Services, or a reduction of AT&T's
prices, or a force majeure event, any of which significantly impairs Customer's ability to meet a MARC, AT&T will offer to adjust
the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices, credits or
discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will
amend the affected Pricing Schedule prospectively. This Section 4.8 will not apply to a change resulting from Customer's
decision to use service providers other than AT&T. Customer will provide AT&T notice of the conditions Customer believes will
require the application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring
charges and shortfall charges, Customer incurs prior to amendment of the affected Pricing Schedule.
(b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T
may agree in writing to include the new business or operation under this Agreement. Such agreement will specify the impact, if
any, of such addition on Customer's MARC or other volume or growth discounts and on Customer's attainment thereof.
5. CONFIDENTIAL INFORMATION
5.1 Confidential Information. Confidential Information means: (a) information the parties or their Affiliates share with each other in
connection with this Agreement or in anticipation of providing Services under this Agreement (including pricing or other proposals), but only
to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms
of this Agreement.
5.2 Obligations. A disclosing party's Confidential Information will, for a period of 3 years following its disclosure to the other party
(except in the case of software, for which the period is indefinite): (a) not be disclosed, except to the receiving parry's employees, agents
and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in
writing to use and disclosure restrictions as restrictive as this Section 5) or to the extent authorized to be revealed by law, governmental
authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing
party to the extent practicable and not prohibited by law, governmental authority or legal process); (b) be held in confidence; and (c) be
used only for purposes of using the Services, evaluating proposals for new services or performing this Agreement (including in the case of
AT&T to detect fraud, to check quality and to operate, maintain and enhance the network and Services).
5.3 Exceptions. The restrictions in this Section 5 will not apply to any information that: (a) is independently developed by the
receiving party without use of the disclosing party's Confidential Information; (b) is lawfully received by the receiving party free of any
obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement.
5.4 Privacy. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its
personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in
accordance with the data protection laws and regulations applicable to AT&T's business. If Customer does not want AT&T to comprehend
Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible.
Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and
AT&T's collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or
provide Customer Personal Data to AT&T when it has the legal authority to do so. Unless otherwise directed by Customer in writing, if
AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative
to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for
further authentication or authorization.
6. LIMITATIONS OF LIABILITY AND DISCLAIMERS
6.1 Limitation of Liability.
(a) EITHER PARTY'S ENTIRE LIABILITY AND THE OTHER PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF
ANY CLAIM ARISING OUT OF AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE:
(i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY
PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE, PROVEN DIRECT DAMAGES;
(ii) FOR BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity) OR SECTION 10.2 (Trademarks),
PROVEN DIRECT DAMAGES;
(iii) FOR ANY THIRD -PARTY CLAIMS, THE REMEDIES AVAILABLE UNDER SECTION 7 (Third Party Claims);
(iv) FOR CLAIMS ARISING FROM THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
PROVEN DAMAGES; OR
(v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION 6.1(a)(i)-(iv), PROVEN DIRECT DAMAGES NOT TO
EXCEED, ON A PER CLAIM OR AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT
EQUAL TO THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE
RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM
AROSE.
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(b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY'S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS.
(c) THE LIMITATIONS IN THIS SECTION 6 SHALL NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ALL
PROPERLY DUE CHARGES UNDER THIS AGREEMENT.
6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO:
INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES,
CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR
ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911
OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR CREDITS EXPLICITLY
SET FORTH IN THIS AGREEMENT); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR
THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S (OR ITS AFF)LIATES', USERS' OR THIRD PARTIES')
APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS.
6.3 Purchased Equipment and Vendor Software Warranty. AT&T shall pass through to Customer any warranties for Purchased
Equipment and Vendor Software available from the manufacturer or licensor. The manufacturer or licensor, and not AT&T, is responsible
for any such warranty terms and commitments. ALL SOFTWARE AND PURCHASED EQUIPMENT IS OTHERWISE PROVIDED TO
CUSTOMER ON AN `AS IS" BASIS.
6.4 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON -INFRINGEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR
BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR
OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911
OR ANY SIMILAR EMERGENCY RESPONSE NUMBER) AND MAKES NO GUARANTEE REGARDING NETWORK SECURITY, THE
ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT
TO LOAD BALANCING OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR
IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION.
6.5 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement All apply regardless
of the form of action, whether in contract, equity, tart, strict liability or otherwise, of whether damages were foreseeable and of whether a
party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their
respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will
survive failure of any exclusive remedies provided in this Agreement.
THIRD PARTY CLAIMS
7.1 AT&T's Obligations. AT&T agrees at its expense to defend and either to settle any third -party claim against Customer, its R
Affiliates and its and their respective employees and directors or to pay all damages that a court finally awards against such parties for a E
claim alleging that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright or trade secret, but not F_
where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the 06
Service by Customer, its Affiliate or a third party, or combinations of the Service with any non -AT&T services or products by Customer or Q
others; (c) AT&T's adherence to Customer's or its Affiliate's written requirements; or (d) use of a Service in violation of this Agreement.
7.2 Customer's Obligations. Customer agrees at its expense to defend and either to settle any third -party claim against AT&T, its N
Affiliates and its and their respective employees, directors, subcontractors and suppliers or to pay all damages that a court finally awards
against such parties for a claim that: (a) arises out of Customer's, its Affiliate's or a User's access to or use of the Services and the claim is
not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and o
falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliate or a User of a Software license agreement. ago
7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to
continue using, or may replace or modify, the Service so that it is non -infringing. E
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7.4 Notice and Cooperation. The party seeking defense or settlement of a third -party claim under this Section 7 will provide notice
to the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no Q
effect except to the extent the other party is prejudiced by the delay. The party seeking defense or settlement will allow the other party to
control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party All use counsel
reasonably experienced in the subject matter at issue and will not settle a claim without the written consent of the party being defended,
which consent will not be unreasonably withheld or delayed, except that no consent will be required to settle a claim where relief against
the party being defended is limited to monetary damages that are paid by the defending party under this Section 7.
7.5 AT&T's obligations under Section 7.1 shall not extend to actual or alleged infringement or misappropriation of intellectual
property based on Purchased Equipment, Software, or Third -Party Services.
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8. SUSPENSION AND TERMINATION
8A Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party
becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding or
makes an assignment for the benefit of its creditors.
8.2 Termination or Suspension. The following additional termination provisions apply:
(a) Material Breach. If either party fails to perform or observe any material warranty, representation, term or condition of this
Agreement, including non-payment of charges, and such failure continues unremedied for 30 days after receipt of notice, the
aggrieved party may terminate (and AT&T may suspend and later terminate) the affected Service Components and, if the breach
materially and adversely affects the entire Agreement, terminate (and AT&T may suspend and later terminate) the entire
Agreement.
(b) Materially Adverse Impact. If AT&T revises a Service Publication, the revision has a materially adverse impact on Customer
and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from
Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days'
notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. "Materially
adverse impacts" do not include changes to non -stabilized pricing, changes required by governmental authority, or assessment
of or changes to additional charges such as surcharges or taxes.
(c) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may
suspend the affected Service Components: AT&T reserves the right, however, to suspend or terminate immediately when:
(i) AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in
response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines that
(a) it may be exposed to sanctions, liability, prosecution or other adverse consequences under applicable law if AT&T were to
allow the violation to continue; (b) such violation may harm or interfere with the integrity, normal operations or security of AT&T's
network or networks with which AT&T is interconnected or may interfere with another customer's use of AT&T services or the
Internet; or (c) such violation otherwise presents an imminent risk of harm to AT&T, AT&T's customers or its or their respective
employees.
(d) Fraud or Abuse. AT&T may terminate or suspend an affected Service or Service Component and, if the activity materially and
adversely affects the entire Agreement, terminate or suspend the entire Agreement, immediately by providing Customer with as
much advance notice as is reasonably practicable under the circumstances if Customer, in the course of breaching the
Agreement: (i) commits a fraud upon AT&T; (ii) uses the Service to commit a fraud upon another party; (iii) unlawfully uses the
Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customer's use of AT&T's network or
services.
(e) Infringing Services. If the options described in Section 7.3 (Infringing Services) are not reasonably available, AT&T may at its
option terminate the affected Services or Service Components without liability other than as stated in Section 7.1 (AT&T's
Obligations).
(fj Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site, AT&T may terminate the affected Services or
Service Components or may suspend performance until Customer removes and remediates the Hazardous Materials at
Customer's expense in accordance with applicable law.
8.3 Effect of Termination.
(a)
Termination or suspension by either party of a Service or Service Component does not waive any other rights or remedies a N
party may have under this Agreement and will not affect the rights and obligations of the parties regarding any other Service or
Service Component. f°
(b)
If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination. o
8.4
Termination Charges.
(a)
If Customer terminates this Agreement or an affected Service or Service Component for cause in accordance with the
Agreement or if AT&T terminates a Service or Service Component other than for cause, Customer will not be liable for the
termination charges set forth in this Section 8.4.
(b)
If Customer or AT&T terminates a Service or Service Component prior to Cutover other than as set forth in Section 8.4(a), Q
Customer (i) will pay any pre-Cutover termination or cancellation charges set out in a Pricing Schedule or Service Publication, or
(ii) in the absence of such specified charges, will reimburse AT&T for time and materials incurred prior to the effective date of
termination, plus any third party charges resulting from the termination.
(c)
If Customer or AT&T terminates a Service or Service Component after Cutover other than as set forth in Section 8.4(a),
Customer will pay applicable termination charges as follows: (i) 50% (unless a different amount is specified in the Pricing
Schedule) of any unpaid recurring charges for the terminated Service or Service Component attributable to the unexpired portion
of an applicable Minimum Payment Period; (ii) if termination occurs before the end of an applicable Minimum Retention Period,
any associated credits or waived or unpaid non -recurring charges; and (iii) any charges incurred by AT&T from a third party (i.e.,
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not an AT&T Affiliate) due to the termination. The charges set forth in Sections 8.4(c)(i) and (ii) witl not apply if a terminated
Service Component is replaced with an upgraded Service Component at the same Site, but only if the Minimum Payment Period
or Minimum Retention Period, as applicable, (the "Minimum Period") and associated charge for the replacement Service
Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service
Component, respectively, and if the upgrade is not restricted in the applicable Service Publication.
(d) In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the
unsatisfied MARC for the balance of the Pricing Schedule Term.
9. IMPORTIEXPORT CONTROL
Neither party will use, distribute, transfer or transmit any equipment, services, software or technical information provided under this
Agreement (even if incorporated into other products) except in compliance with all applicable import and export laws, conventions and
regulations.
10. MISCELLANEOUS PROVISIONS
10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or to the
provision of Services without the prior written consent of the other party.
10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos,
trademarks, service marks or other indicia of origin without the other party's prior written consent, which consent may be revoked at any
time by notice.
10.3 Independent Contractor. Each party is an independent contractor. Neither party controls the other, and neither party nor its
Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party.
10.4 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or
damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military
authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental
agencies or other causes beyond such party's reasonable control.
10.5 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing
and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a
waiver of any other breach of this Agreement.
1H Assignment and Subcontracting.
(a) Customer may, without AT&T's consent but upon notice to AT&T, assign in whole or relevant part its rights and obligations under
this Agreement to a Customer Affiliate. AT&T may, without Customer's consent, assign in whole or relevant part its rights and
obligations under this Agreement to an AT&T Affiliate. In no other case may this Agreement be assigned by either party without a
the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). In the case of any Q
assignment, the assigning party shall remain financially responsible for the performance of the assigned obligations. N
(b) AT&T may subcontract to an Affiliate or a third party work to be performed under this Agreement but will remain financially f°
responsible for the performance of such obligations. a
(c) In countries where AT&T does not have an Affiliate to provide a Service, AT&T may assign its rights and obligations related to 06
such Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries, Q
Customer may be required to contract directly with the local service provider. ca
r
10.7 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.11 N
(Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties
will negotiate in good faith to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with
the original intention of the parties. o
10.8 Injunctive Relief. Nothing in this Agreement is intended to or should be construed to prohibit a party from seeking preliminary or
permanent injunctive relief in appropriate circumstances from a court of competent jurisdiction. a�
10.9 Legal Action. Any legal action arising in connection with this Agreement must be filed within two (2) years after the cause of t
action accrues, or it will be deemed time -barred and waived. The parties waive any statute of limitations to the contrary.
10.10 Notices. Any required notices under this Agreement shall be in writing and shall be deemed validly delivered if made by hand (in Q
which case delivery will be deemed to have been effected immediately), or by overnight mail (in which case delivery will be deemed to
have been effected one (1) business day after the date of mailing), or by first class pre -paid post (in which case delivery will be deemed to
have been effected five (5) days after the date of posting), or by facsimile or electronic transmission (in which case delivery will be deemed
to have been effected on the day the transmission was sent). Any such notice shall be sent to the office of the recipient set forth on the
cover page of this Agreement or to such other office or recipient as designated in writing from time to time.
10.11 Governing Law. This Agreement will be governed by the law of the State of New York, without regard to its conflict of law
principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention
on Contracts for International Sale of Goods will not apply.
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AT&T and Customer Confidential Information
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MASTER AGREEMENT
10.12 Compliance with Laws. Each party will comply with all applicable laws and regulations and with all applicable orders issued by
courts or other governmental bodies of competent jurisdiction.
10.13 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T and does not provide any third party
(including Users) the right to enforce it or to bring an action for any remedy, claim, liability, reimbursement or cause of action or any other
right or privilege.
10.14 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or
expiration of this Agreement, including the obligations set forth in Section 5 (Confidential Information), Section 6 (Limitations of Liability and
Disclaimers) and Section 7 (Third Party Claims), will survive such termination or expiration.
10.15 Agreement Language. The language of this Agreement is English. If there is a conflict between this Agreement and any
translation, the English version will take precedence.
10.16 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter.
Except as provided in Section 2.4 (License and Other Terms), this Agreement supersedes all other agreements, proposals,
representations, statements and understandings, whether written or oral, concerning the Services or the rights and obligations relating to
the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral
statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this
Agreement.
11. DEFINITIONS
"Affiliate" of a party means any entity that controls, is controlled by or is under common control with such party.
"API" means an application program interface used to make a resources request from a remote implementer program. An API may include
coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs.
"AT&T Software" means software, including APIs, and all associated written and electronic documentation and data owned by AT&T and
licensed by AT&T to Customer. AT&T Software does not include software that is not furnished to Customer.
"Customer Personal Data" means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T
and that AT&T collects, holds or uses in the course of providing the Services.
"Cutover" means the date Customer's obligation to pay for Services begins.
"Effective Date" of a Pricing Schedule means the date on which the last party signs the Pricing Schedule unless a later date is required by
regulation or law.
"MARC-Eligible Charges" means the recurring and usage charges (including amounts calculated from unpaid charges that are owed
under Section 8.4(c)(i)), after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer
for the Services identified in the applicable Pricing Schedule as MARC-contributing. The following are not MARC-Eligible Charges: (a)
charges for or in connection with Customer's purchase of equipment; (b) taxes; and (c) charges imposed in connection with
governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges).
"Minimum Payment Period" means the Minimum Payment Period identified for a Service Component in a Pricing Schedule or Service
Publication during which Customer is required to pay recurring charges for the Service Component.
"Minimum Retention Period" means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service
Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges
or amortized charges.
"Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement, including any N
replacements of Purchased Equipment provided to Customer. Purchased Equipment also includes any internal code required to operate
such Equipment. Purchased Equipment does not include Software but does include any physical media provided to Customer on which
Software is stored.
06
"Service Component" means an individual component of a Service provided under this Agreement.
ar
"Service Publications" means Tariffs, Guidebooks, Service Guides and the AUP. E
"Site" means a physical location, including Customer's collocation space on AT&T's or its Affiliate's or subcontractor's property, where
AT&T installs or provides a Service. r
"Software" means AT&T Software and Vendor Software. Q
"Third -Party Service" means a service provided directly to Customer by a third party under a separate agreement between Customer and
the third party.
"Vendor Software" means software, including APIs, and all associated written and electronic documentation and data AT&T furnishes to
Customer, other than AT&T Software.
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v
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
AT&T MA Reference No.
CSM160316080751
Customer
AT&T
St Lucie County Library System
AT&T Corp.
Street Address: 101 Melody Lane
City: Ft. Pierce State/Province: FL
Zip Code: 34950 Country: USA
Customer Contact (for notices)
AT&T Sales Contact Information and for Contract Notices
❑ Primary AT&T Contact
Name: Randy Miller
Name: NANCY VINEZ
Title: Information Systems Division Man
Street Address: 11760 US HIGHWAY 1
Street Address: 101 Melody Lane
City: NORTH PALM BEACH State/Province: FL
City: Ft Pierce
Zip Code: 33408 Country: USA
State/Province: FL
Telephone: 5617754245 Fax: 800-505-4552
Zip Code: 34950
Email: nv5238@us.att.com
Country: United States
Sales/Branch Manager: Erik Lindborg
Telephone: 7724621802
SCVP Name:
Fax:
Sales Strata: ABS Sales Sales Region: Southern
Email: millerra@stlucieco.org
With a copy to:
Customer Account Number or Master Account Number:
AT&T Corp.
One AT&T Way, Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mast@att.com
AT&T Solution Provider or Representative Information (if applicable) ❑
Name: Company Name:
Agent Street Address:
City: State: Zip Code: Country:
-Telephone: Fax: Email: Agent Code
This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above.
This agreement shall be void if not executed by Customer and received by AT&T within 30 days of the date AT&T executed
the Agreement, or if Customer alters, adds or deletes any of the provisions in the version executed by AT&T.
Customer
(by its authorized representative)
AT&T
by ts authori d re r tative
B :
By: PV
Name:
Name: Patrick J. Gleason
Title:
Title: Associate Director
Date:
Date: March 23, 2016 CS-TB273N
AT&T and Customer Confidential Information
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AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
1. SERVICES
CSM160316080751
Service
AT&T Managed Internet Service (MIS)
http://new.serviceguide.att.com/portals/sgporta1.portal? nfpb=true& pageLabel=mis page
AT&T Bandwidth Services
http://new.serviceguide.att.com/index.msp?sq=bws
2. PRICING SCHEDULE TERM AND EFFECTIVE DATES
Pricing Schedule Term 1 24 Months
Pricing Schedule Term Start Date I Effective Date of this Pricing Schedule
Effective Date of Rates and Discounts I Effective Date of this Pricing Schedule
Pricing Schedule Term Extension Option Customer may extend the Pricing Schedule Term for one, two or three 12 month periods (each,
an "Extension Period") upon written notice to AT&T at least forty-five (45) days prior to the
expiration of the original Pricing Schedule Term (or of the first Extension Period, or the second
Extension Period, if applicable).
In such a case, the Minimum Payment Period for each Service Component in service at the
expiration of the original Pricing Schedule Term (and of the first Extension Period, if the second
Extension Period is exercised; or the second Extension Period, if the third Extension Period is
exercised) shall be extended for 12 months for each Extension Period exercised.
3. MINIMUM PAYMENT PERIOD
Service Components
Percent of Monthly Service Fees Due Upon Termination
Minimum Payment Period
Prior to Completion of Minimum Payment Period
per Service Component
All Service
50%
Longer of 12 months or until the
Components
end of the Pricing Schedule Term
4. GRANDFATHERING AND WITHDRAWAL
Availability of Service Components is subject to grandfathering and withdrawal per the Service Guide.
5. RATES (US Mainland, and HI only)
Section I: AT&T Managed Internet Service Access Bandwidth -
Table 1: Tiered T-1, NxT-1, E-1 And Frame - Flat Rate Billing Option
Access
Method
Speed
MIS Monthly Service Fee
List Price
MIS w/ Managed Router Monthly Service
Fee List Price
Discount
N/A
56/64 Kbps
$190
$260
N/A
T-1
128 Kb s
$225
$295
N/A
T-1
256 Kbps
$280
$350
N/A
T-1
384 Kbps
$335
$405
N/A
T-1
512 Kbps
$390
$460
N/A
T-1
768 Kbps
$410
$480
N/A
T-1 — Frame*
1024 Kb s*
$425
$495
N/A
T-1
T-1
$470
$540
N/A
E-1*
E-1
$470
$540
N/A
2xT-1
3 Mb s
$850
$1,145
N/A
3xT-1
4.5 Mb s
$1,100
$1,395
N/A
4xT-1
6 Mb s
$1,250
$1,545
N/A
5xT-1
7.5 Mb s
$1,480
$2,360
N/A
6xT-1
9 Mb s
1 $1,715
$2,595
N/A
7xT-1
10.5 Mb s
1 $1,915
$2,795
N/A
AT&T and Customer Confidential Information
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AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM 160316080751
8xT-1 1 12 Mbps $2,190 $3,070 N/A
* Not available with MPLS PNT
tAvailable only with MPLS PNT Feature
v.2.3.06
Table 2: - MIS N x 10 Gig Ethernet* - Flat Rate Billing Option
Speed
MIS Monthly Service Fee List Price
Discount
2x-10.0 Gb s
$1,500,000
N/A
3x -10.0 Gb s
$2,220,000
N/A
4x -10.0 Gb s
$2,920,000
N/A
* Not available with MPLS PN1
v.6.1.09
Table 3: Burstable T-1
Discount: N/A
Sustained Usage
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
up to 128kb s
$270
$340
128.01 - 256 Kbps
$340
$410
256.01 - 384 Kbps
$405
$475
384.01 - 512 Kbps
$470
$540
512.01 Kbps - 1.544 Mbps
$565
1 $635
v.2.3.06
Table 4: DNS Services
Option
Monthly Service Fee
Additional Primary DNS (available in increments of up to 15 zones with a maximum of 150 Kilobytes of zone
$100 per DNS
file data)
increment
Additional Secondary DNS (available in increments of up to 15 zones with a maximum of 150 Kilobytes of
$100 per DNS
zone file data)
increment
v.07.01.04
Table 5: ATM And Tiered T-3
Discount: N/A
Access Method
Speed
MIS Monthly Service Fee List Price
MIS w/Managed Router Monthly Service Fee List Price
ATM*
2 Mbps
$590
$885
ATM*
3 Mbps
$850
$1,145
ATM*
4 Mbps
$1,075
$1,370
ATM*
5 Mbps
$1,125
$1,420
ATM*
6 Mbps
$1,250
$1,545
ATM*
7 Mbps
$1,415
$2,295
ATM*
8 Mbps
$1,565
$2,445
ATM*
9 Mbps
$1,715
$2,595
ATM*/T-3
10 Mbps
$1,840
$2,720
ATM*/T-3
15 Mbps
$2,465
$3,345
ATM*/T-3
20 Mbps
$3,090
$3,970
ATM*/T-3
25 Mbps
$3,725
$4,605
ATM*/T-3
30 Mbps
$4,350
$5,230
ATM*/T-3
35 Mbps
$4,990
$5,870
ATM*/T-3
40 Mbps
$5,615
$6,495
T-3
45 Mbps
$6,250
$7,130
* Not available with MPLS PNl
v.2.3.06
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AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
Table 6: Burstable T-3
Discount: N/A
CSM 160316080751
Sustained Usage
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
up to 6.0 Mbps
$1,515
$1,810
6.01 -7.5 Mbps
$1,790
$2,670
7.51 - 9.0 Mbps
$2,065
$2,945
9.01 - 10.5 Mbps
$2,290
$3,170
10.51 - 12.0 Mbps
$2,515
$3,395
12.01 - 13.5 Mbps
$2,740
$3,620
13.51 - 15.0 Mbps
$2,965
$3,845
15.01 - 16.5 Mbps
$3,150
$4,030
16.51 - 18.0 Mbps
$3,340
$4,220
18.01 - 19.5 Mbps
$3,525
$4,405
19.51 - 21.0 Mbps
$3,715
$4,595
21.01 - 45.0 Mbps
$7,515
$8,395
v.2.3.06
Table 7: Flexible Bandwidth Billing Option - Burstable T-3
Discount applied to MIS & MIS w/Managed Router: N/A
Incremental Usage Fee Discount: N/A
Tiered Bandwidth
Minimum Commitment
MIS Undiscounted
Monthly Fee
MIS w/Managed Router
Undiscounted Monthly Fee
Undiscounted Incremental Usage Fee
Per Mbps
2 Mbps
$590
$885
$355
3 Mbps
$850
$1,145
$340
4 Mbps
$1,075
$1,370
$325
5 Mbps
$1,125
$1,420
$270
6 Mbps
$1,250
$1,545
$250
7 Mbps
$1,415
$2,295
$245
8 Mbps
$1,565
$2,445
$235
9 Mbps
$1,715
$2,595
$230
10 Mbps
$1,840
$2,720
$225
15 Mbps
$2,465
$3,345
$200
20 Mbps
$3,090
$3,970
$190
25 Mbps
$3,725
$4,605
$180
30 Mbps
$4,350
$5,230
$175
35 Mbps
$4,990
$5,870
$175
40 Mbps
$5,615
$6,495
$170
45 Mbps
$6,250
$7,130
N/A
v.2.3.06
Table 8: MIS Access Redundancy Option (MARO) - Burstable T-1 with Shadow Billing Option
Discount: N/A
Sustained Usage
MIS w/Managed Router Undiscounted Monthly Service Fee
Up to 56 Kbps For MARO Redundant Link Service Only Shadow Billing)
$170
up to 128kb s
$340
128.01 - 256 Kbps
$410
256.01 - 384 Kbps
$475
384.01 - 512 Kbps
$540
512.01 Kbps - 1.544 Mbps
$635
v.2.20.06
Table 9: MARO Burstable T-3 with Shadow Billing Option
Discount: N/A
Sustained Usage
MIS w/Managed Router Monthly Service Fee
Up to 56 Kbps For MARO Redundant Link Service Only Shadow Billin
$800
up to 6.0 Mbps
$1,810
6.01 - 7.5 Mbps
$2,670
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AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM160316080751
7.51 — 9.0 Mbps
$2,945
9.01 — 10.5 Mbps
$3,170
10.51 - 12.0 Mbps
$3,395
12.01 - 13.5 Mbps
$3,620
13.51 - 15.0 Mbps
$3,845
15.01 - 16.5 Mbps
$4,030
16.51 - 18.0 Mbps
$4,220
18.01 - 19.5 Mbps
$4,405
19.51 - 21.0 Mbps
$4,595
21.01 - 45.0 Mbps
$8,395
v.10.31.05
Table 10: Redundancy Features - Monthly Service Fees
Option
Monthly Service Fee List Price
Service Component Discount
Alternate Backbone Node Option -additional charges via
Private Line, per Service Component
T-1: $500
N/A
NxT1: $500 per T-1
T3: $5,000
OC-3 $12,000
CPE Redundant Configuration Option - Per Service
Component
T-1: $120
N/A
NxT-1: $350
T3: $540
OC-3: $2,435
MARO Backbone Node Redundancy Option - additional
charges via Private Line, per Redundant Link
$500 per T-1 Redundant Link
N/A
$5,000 per T-3 Redundant Link
$12,000 per OC-3 Redundant Link
MARO Outbound Load Balancers (2) Option
Dual Managed Customer Routers
T1 & NXT1:$350
T3 & OC3: $875
N/A
v.2.3.06
Table 11: MIS and MARO Features - Installation Fees
Discount: 0.0 %
Option Undiscounted Installation Fee List Price MIS & MIS w/Managed Router
MARO - Outbound Load Balancers (2) (Dual Managed $1000
Customer Routers
v.2.6.06
Table 12: MIS Tele — Installation
Discount: 50.0 %
MIS Speed
Undiscounted MIS
Undiscounted MIS w/ Managed Router
56 Kb s
$1,000
$1,000
128 Kb s - 1.5 Mbps
$1,000
$1,000
NxT-1
$2,500
$2,500
Tiered/Full T-3
$5,000
N/A
Tiered OC-3, OC-12, OC-48
$10,000
N/A
Ethernet
$1,500
$1,500*
10 Gig Ethernet***
$10,000
$10,000**
*Available for MIS speeds of 100 Mbps and below and with electrical interfaces only.
** Subject to availability
*** Not available with MPLS PNT
v.10.01.08
AT&T and Customer Confidential Information
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AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM160316080751
Table 13: On -Site Installation
Discount: 50.0 %
MIS Speed
Undiscounted MIS w/ Managed Router Only
56 Kb s
$999
128 Kb s - 1.5 Mbps
$999
NxT-1
$999
Tiered/Full T-3
$1,000
Tiered OC-3, OC-12, OC-48
$10,000
Ethernet
$1,500
v.11.08.08
Table 14: ATM and Tiered OC-3
Discount: N/A
Speed
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
2 Mbps*
$590
$885
3 Mbps*
$850
$1,145
4 Mbps*
$1,075
$1,370
5 Mbps*
$1,125
$1,420
6 Mbps*
$1,250
$1,545
7 Mbps*
$1,415
$2,295
8 Mbps*
$1,565
$2,445
9 Mbps*
$1,715
$2,595
10 Mbps*
$1,840
$2,720
15 Mbps*
$2,465
$3,345
20 Mbps'
$3,090
$3,970
25 Mbps*
$3,725
$4,605
30 Mbps*
$4,350
$5,230
35 Mbps*
$4,990
$5,870
40 Mbps*
$5,615
$6,495
60 Mbps*
$7,825
$9,005
155 Mbps (not
available with ATM
$17,800
$18,980
* Not available with MPLS PNT
v.2.3.06
Table 15: Burstable OC-3
Discount: N/A
Sustained Usage
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
Up to 35.0 Mbps
$5,990
$6,870
35.01 to 45.0 Mbps
$7,515
$8,395
45.01 to 55.0 Mbps
$8,765
$9,945
55.01 to 65.0 Mbps
$10,025
$11,205
65.01 to 75.0 Mbps
$11,290
$12,470
75.01 to 85.0 Mbps
$12,550
$13,730
85.01 to 100.0 Mbps
$14,440
$15,620
100.01 to 125.0 Mbps
$17,590
$18,770
125.01 to 155.0 Mbps
$21,365
$22,545
v.2.3.06
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AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM 160316080751
Table 16: Flexible Bandwidth Billing Option - Burstable OC-3
Discount applied to MIS & MIS w/Managed Router: N/A
Incremental Usage Fee Discount: N/A
Tiered Bandwidth
Minimum Commitment
Undiscounted
MIS Monthly Fee
Undiscounted MIS with
Managed Router Monthly Fee
Undiscounted Incremental Usage Fee Per
Mbps
35 Mbps
$4,990
$5,870
$175
40 Mbps
$5,615
$6,495
$170
45 Mbps
$6,250
$7,130
$170
60 Mbps
$7,825
$9,005
$160
70 Mbps
$8,875
$10,055
$155
80 Mbps
$9,925
$11,105
$150
90 Mbps
$10,975
$12,155
$150
100 Mbps
$12,025
$13,205
$145
120 Mbps
$14,125
$15,305
$145
144 Mbps
$16,225
$17,405
$140
155 Mbps
$17,800
$18,980
N/A
v.2.3.06
Table 17: Tiered OC-12
Discount: N/A
Speed
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
622 Mbps
$50,700
$52,505
v.2.3.06
Table 18: Burstable OC-12
Discount: N/A
Speed
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
Up to 75.0 Mbps
$11,290
$12,470
75.01 to 150.0 Mbps
$18,750
$19,930
150.01 to 225.0 Mbps
$26,215
$27,395
225.01 to 300.0 Mbps
$33,665
$35,470
300.01 to 375.0 Mbps
$40,040
$41,845
375.01 to 450.0 Mbps
$46,415
$48,220
450.01 to 525.0 Mbps
$52,715
$54,520
525.01 to 622.0 Mbps
$60,850
$62,655
v.2.3.06
Table 19: Flexible Bandwidth Billing Option - Burstable OC-12
Discount applied to MIS & MIS w/Mana ed Router: N/A
Incremental Usage Fee Discount: N/A
Tiered Bandwidth
Minimum Commitment
Undiscounted MIS
Monthly Fee
Undiscounted MIS with
Managed Router Monthly Fee
Undiscounted Incremental Usage Fee
Per Mbps
70 Mbps
$8,875
$10,055
$155
80 Mbps
$9,925
$11,105
$150
90 Mbps
$10,975
$12,155
$150
100 Mbps
$12,025
$13,205
$145
120 Mbps
$14,125
$15,305
$145
144 Mbps
$16,225
$17,405
$140
155 Mbps
$17,800
$18,980
$140
200 Mbps
$20,975
$22,780
$130
250 Mbps
$24,515
$26,320
$120
300 Mbps
$28,050
$29,855
$115
350 Mbps
$31,600
$33,405
$110
400 Mbps
$35,140
$36,945
$110
450 Mbps
$38,675
$40,480
$105
500 Mbps
$42,215
$44,020
$105
550 Mbps
$45,750
$47,555
$100
AT&T and Customer Confidential Information
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LK3253 032216 (SR#1-4CBAB7Q.3)
RLR 749421v2
ROME OPI-3CRZ5WD (032116SRI-4B9MAWI.2) ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.10/01/11
Packet Pg. 103
8.D.1.b
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM 160316080751
600 Mbps $49,290 $51,095 $100
622 Mbps $50,700 $52,505 N/A
v.2.3.06
Table 20: Tiered OC-48
Discount: N/A
Speed
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
2.5 Gb s
$196,000
$199,055
v.2.3.06
Table 21: Burstable OC-48
Discount: N/A
Sustained Usage
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
Up to 1250 Mbps
$121,500
$124,555
1251 to 1350 Mbps
$130,975
$134,030
1351 to 1450 Mbps
$140,450
$143,505
1451 to 1550 Mbps
$149,925
$152,980
1551 to 1650 Mbps
$159,400
$162,455
1651 to 1750 Mbps
$168,875
$171,930
1751 to 1850 Mbps
$178,350
$181,405
1851 to 1950 Mbps
$187,825
$190,880
1951 to 2050 Mbps
$197,300
$200,355
2051 to 2150 Mbps
$206,775
$209,830
2151 to 2250 Mbps
$216,250
$219,305
2251 to 2350 Mbps
$225,725
$228,780
2351 to 2450 Mbps
$235,200
$238,255
v.2.3.06
Table 22: Flexible Bandwidth Billing Option - Burstable OC-48
Discount applied to MIS & MIS w/Managed Router: N/A
Incremental Usage Fee Discount: N/A
Tiered Bandwidth
Minimum Commitment
Undiscounted
MIS Monthly Fee
Undiscounted MIS with
Managed Router Monthly Fee
Undiscounted Incremental Usage Fee
Per Mbps
600 Mbps
$49,290
$51,095
$100
622 Mbps
$50,700
$52,505
$100
700 Mbps
$56,365
$58,170
$100
800 Mbps
$63,440
$65,245
$100
1250 Mbps
$101,250
$104,305
$100
1550 Mbps
$125,000
$128,055
$100
1850 Mbps
$148,750
$151,805
$100
2150 Mbps
$172,500
$175,555
$100
2450 Mbps
$196,000
$199,055
N/A
v.2.3.06
Table 23: Flexible Bandwidth Billing Option - Ethernet
Discount applied to MIS & MIS w/Managed Router: 62.0 %
Incremental Usage Fee Discount: 62.0 %
Tiered Bandwidth
Minimum Commitment
MIS Undiscounted
Monthly Fee
MIS with Managed Router
Undiscounted Monthly Fee
Undiscounted Incremental Usage Fee
Per Mbps
0.5 Mbps
$257
$385
$940
1.0 Mbps
$258
$386
$510
1.5 Mbps
$259
$387
$380
2 Mbps
$260
$388
$355
3 Mbps
$261
$389
$340
4 Mbps
$262
$390
$325
5 Mbps
$263
$391
$270
6 Mbps
$264
$392
$250
AT&T and Customer Confidential Information
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Packet Pg. 104
8.D.1.b
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM 160316080751
Discount applied to MIS & MIS w/Mana ed Router: 62.0 %
Incremental Usage Fee Discount: 62.0 %
Tiered Bandwidth
Minimum Commitment
MIS Undiscounted
Monthly Fee
MIS with Managed Router
Undiscounted Monthly Fee
Undiscounted Incremental Usage Fee
Per Mbps
7 Mbps
$265
$393
$245
8 Mbps
$266
$394
$235
9 Mbps
$267
$395
$230
10 Mbps
$268
$396
$198
15 Mbps
$359
$487
$162.33
20 Mbps
$449
$577
$144.25
25 Mbps
$542
$670
$134
30 Mbps
$633
$761
$126.83
35 Mbps
$680
$854
$122
40 Mbps
$812
$945
$118.13
45 Mbps
$817
$950
$105.56
50 Mbps
$813
$955
$95.50
60 Mbps
$946
$1,100
$91.67
70 Mbps
$1,032
$1,200
$85.71
75 Mbps
$1,118
$1,300
$86.67
80 Mbps
$1,204
$1,420
$88.75
90 Mbps
$1,290
$1,500
$83.33
100 Mbps
$1,400
$1,565
$77.75
120 Mbps
$1,770
$1,937
$80.71
144 Mbps
$1,790
$1,960
$68.06
150 Mbps
$1,800
$1,965
$65.50
155 Mbps
$1,820
$2,020
$65.16
200 Mbps
$2,000
$2,100
$52.50
250 Mbps
$2,150
$2,240
$44.80
300 Mbps
$2,250
$2,620
$43.67
350 Mbps
$2,500
$3,125
$44.64
400 Mbps
$2,700
$3,380
$42.25
450 Mbps
$3,000
$3,720
$41.33
500 Mbps
$3,500
$4,325
$43.25
550 Mbps
$3,650
$4,425
$40.23
600 Mbps
$4,096
$4,840
$40.33
622 Mbps
$4,117
$5,000
$40.19
700 Mbps
$4,199
$5,240
$37.43
800 Mbps
$4,301
$5,440
$34.00
900 Mbps
$4,403
$5,640
$30.78
1000 Mbps
$4,505
$5,620
$28.10
v.10.01.08
Table 24: Flexible Bandwidth Billing Option - MIS 10 Gig Ethernet*
Discount applied to MIS: N/A
Incremental Usage Fee Discount: N/A
Tiered Bandwidth Minimum Commitment
MIS Undiscounted Monthly Fee
Undiscounted Incremental Usage Fee Per Mbps
.5 Gb s
$5143.64
$70.00
1.0 Gb s
$5818.18
$49.75
1.5 Gb s
$8,727
$36.36
2.0 Gb s
$9,091
$30.69
2.5 Gb s
$11,244
$30.43
3.0 Gb s
$13,309
$29.97
3.5 Gbps
$14,400
$27.80
4.0 Gb s
$16,015
$26.99
4.5 Gb s
$16,771
$25.24
5.0 Gb s
$18,196
$24.55
5.5 Gb s
$19,636
$24.09
6.0 Gb s
$21,309
$23.97
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RLR 749421v2
ROME OPI-3CRZ5WD (032116SRI-4B9MAWI.2) ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.10/01/11
Packet Pg. 105
8.D.1.b
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM160316080751
6.5 Gb s
$22,589
$23.46
7.0 Gb s
$24,218
$23.38
7.5 Gb s
$25,760
$23.20
8.0 Gb s
$26,953
$22.74
8.5 Gb s
$28,233
$22.42
9.0 Gb s
$28,931
$21.71
9.5 Gb s
$29,527
$20.98
10.0 Gb s
$30,909
$20.86
Not available with MPLS PNT
v.10.01.08
Table 25: Class Of Service Option - Tiered T-1, T-3 and Burstable Service - Monthly Service Fees
Discount: N/A
Speed
Class of Service Monthly Fee - List Price" (w/ or w/out Managed Router, except as indicated)
56 Kbpst
$225
128 Kbpst
$225
256 Kbpst
$225
384 Kbpst
$225
512 Kbpst
$225
768 Kbps
$225
1024 Kbps`*
$225
1.5 Mbps
$225
2xT-1 (3 Mbps)
$225
3xT-1 (4.5 Mbps)
$225
4xT-1 (6 Mbps)
$225
5xT-1 (7.5 Mbps)
$225
6xT-1 (9 Mbps)
$225
7xT-1 (10.5 Mbps)
$225
8xT-1 (12 Mbps)
$225
10 Mbps
$825
15 Mbps
$1,075
20 Mbps
$1,325
25 Mbps
$1,575
30 Mbps
$1,825
35 Mbps
$2,100
40 Mbps
$2,350
45 Mbps
$2,750
155 Mbps$
$2,750
Charges waived for Sites with AT&T BVoIP Service
Not available with MPLS PNT
(t) no real-time class available
($) unmanaged only
v.6.1.06
Table 26: Class Of Service Option - Flexible Bandwidth Billing Option - Monthly Service Fees
Discount: N/A
Speed
Undiscounted MIS w/ or w/out Managed Router Monthly Service Fee"
Up to 1.5 Mbps
$225
2.0 Mbps
$285
2.01 - 3.0 Mbps
$360
3.01 - 4.0 Mbps
$435
4.01 - 5.0 Mbps
$510
5.01 - 6.0 Mbps
$575
6.01 - 7.0 Mbps
$640
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AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM 160316080751
7.01 - 8.0 Mbps
$705
8.01 - 9.0 Mbps
$765
9.01 to 10.0 Mbps
$825
10.01 to 15.0 Mbps
$1,075
15.01 -20.0 Mbps
$1,325
20.01 -25.0 Mbps
$1,575
25.01 -30.0 Mbps
$1,825
30.01 -35.0 Mbps
$2,100
35.01 - 40.0 Mbps
$2,350
40.01 - 45.0 Mbps
$2,750
45.01 - 155 Mbps
$5,000
200 - 250 Mbps
$5,400
300 - 350 Mbps
$5,800
400 - 600 Mbps
$6,200
622 Mbps
$7,000
700 - 1000 Mbps
$7,800
1.5 Gbps**
$7,900
2.0 Gbps**
$8,000
2.5 Gbps**
$8,100
3.0 Gbps**
$8,200
3.5 Gbps**
$8,300
4.0 Gbps**
$8,400
4.5 Gbps**
$8,500
5.0 Gbps**
$8,600
5.5 Gbps
$8,700
6.0 Gbps**
$8,800
6.5 Gbps**
$8,900
7.0 Gbps**
$9,000
7.5 Gbps**
$9,100
8.0 Gbps**
$9,200
8.5 Gbps**
$9,300
9.0 Gbps**
$9,400
9.5 Gbps**
$9,500
10.0 Gbps**
$9,600
*Charges waived for Sites with AT&T BVoIP Service
** Not available with MPLS PNT
v.10.01.08
Table 27: Class Of Service Option - Installation Fees
Discount: N/A
JClass of Service Undiscounted Installation Fee* 1 $1,000 1
*Charges waived for Sites with AT&T BVoIP Service
v.2.3.06
Table 28: MIS+NCS Option
Discount: N/A
Feature
Undiscounted Monthly Service Fee MIS Only
MIS + NCS Site License Fee 3 r
$1,200
MIS + NCS Site License Fee (5 yr)
$1,050
MIS + NCS Tier 1 Support
$100
v.04.29.02
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AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM160316080751
Table 29: MIS + NCS Installation Fees
Discount: 0.0 %
Feature Undiscounted Installation Fee List Price MIS
MIS + NCS Site Preparation Fee $2,500
v.2.3.06
Table 30: MPLS PNT Feature
Discount: N/A
Access Method
Speed
Undiscounted Monthly Service Fee
MIS & MIS w/Managed Router
Private Line Fractional T-1 (56K - 768K)
Fractional T-1 (56K - 768K)
$200
Private Line NxT-1 2 through 8
Private Line NxT-1 3 Mbps - 12 Mbps)
$200
Private Line T1
T-1 1.54 Mbps)
$200
Private Line T3
2 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
3 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
4 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
5 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
6 Mbps (Hi -Cap Flex T3)
$1,000
Private Line T3
7 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
8 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
9 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
10 Mbps H i-Cap Flex T3
$1,000
Private Line T3
15 Mbps Hi Cap Flex T3 or Fractional T3
$1,000
Private Line T3
20 Mbps(Hi-cap Flex T3, or Fractional T3
$2,000
Private Line T3
25 Mbps(Hi-cap Flex T3, or Fractional T3
$2,000
Private Line T3
30 Mbps(Hi-cap Flex T3, or Fractional T3
$2,000
Private Line T3
35 Mbps(Hi-cap Flex T3, or Fractional T3
$2,000
Private Line T3
40 Mbps(Hi-cap Flex T3, or Fractional T3
$2,000
Private Line T3
45 Mbps Full T3
$2,000
Private Line T3
6-45 Mbps Burstable T3
$2,000
Private Line OC3
OC-3 (35-155 Mbps) Flat rate, Burstable,
or Hi -Cap flex
$5,000
Private Line OC12
OC-12 (70-622 Mbps) Flat rate, Hi -Cap
Flex, or Burstable
$10,000
Private Line OC48
OC-48 (600-2500 Mbps) Flat rate, Hi -Cap
Flex or Burstable
$20,000
Ethernet
512Kb s - 1.5 Mbps
$200
Ethernet
2 - 15 Mb s
$1,000
Ethernet
15.01 - 45 Mbps
$2,000
Ethernet
45.01 - 155 Mbps
$5,000
Ethernet
155.01 - 622 Mbps
$10,000
Ethernet
622.01 - 1000 Mbps
$20,000
v.10.12.07
Table 31: MPLS PNT Unil-ink Feature
Discount: N/A
Access Method
Speed
Undiscounted Monthly Service Fee MIS PNT
and MIS PNT with Managed Router
Private Line OC-3
OC-3 35-155 Mbps) Flat rate, Burstable, or Hi -Cap flex
$5,000
Private Line OC-12
OC-12 (70-622 Mbps) Flat rate, Hi -Cap Flex, or Burstable
$10,000
Private Line OC-48
OC-48
$20,000
Ethernet
512 Kb s - 1.5 Mbps
$200
Ethernet
2 - 45 Mbps
$2,000
Ethernet
45.01-155 Mbps
$5,000
Ethernet
155.01-622 Mbps
$10,000
Ethernet
622.01-1000 Mbps
$20,000
v.10.12.07
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AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM160316080751
Table 32: MultiCast Monthly Service Fee
N/A
MultiCast Monthly Service Fee ICB
Table 33: MultiCast Installation
N/A
MultiCast Installation Fee ICB
Section II: AT&T Business in a Boxsm
Table 1: Service Component Replacement — Next Business Day Shipped (5x8) Monthly Charges
Discount: N/A
Service Component/Device
Undiscounted Monthly Service Charge
Base Unit 12 Port
$50
Base Unit 24 Port
$70
8 Port POE Add -On
$30
24 Port POE Add -On
$75
8 Port Analog Module Add -On
$35
v.5.14.09
Table 2: On -Site Maintenance (24X7X4) Monthly Charges
Discount: N/A
Option
Undiscounted Monthly Service Charge
Base Unit 12 Port
$75
Base Unit 24 Port
$95
8 Port POE Add -On
$35
24 Port POE Add -On
$85
8 Port Analog Module Add -On
$40
v.5.14.09
Table 3: Life -Cycle Management Charges - Service Charges
Discount: N/A
Per Site / Per Occurrence during Standard Business Hours Undiscounted Service Charge List Price
(Monday- Friday, 8:00 am- 5:00 pm, local time)
Move, Addition, Change to Service $260
Delete Service $500
v. 5.14.09
Table 4: Class Of Service Option -when ordered with AT&T BVoIP Services only
Discount: 100%
Class of Service Monthly Service Fee $225
v.1.9.09
Section III: Additional Service Fees
Moving Fee (during hours)
1 $1,000 per location
Additional Moving Fee (outside standard operating hours —
8:00 a.m. to 5:00 p.m. Monday through Friday)
Additional $500 per location
v.07/01 /04
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AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
Section IV: Ethernet Access Pricing
CSM 160316080751
Ethernet Local Access Net Monthly Recurring Charge per SWC CLLI is valid for any NPA-NXX where such Ethernet Local Access
is provisioned from the same Service Wire Center (SWC CLLI) and served at the same AT&T POP.
SWC CLLI
Location
Ethernet Access
Bandwidth
Access Net Monthly
Recurring Char a
Access Non -
Recurring Charge
FTPRFLMA
2300 VIRGINIA AVE, FORT PIERCE, FL
1,000 Mbps
$809.00
$0.00
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8.D.1.b
aW E-rate Rider
ATTACHMENT TO AT&T Managed Internet Service Pricing Schedule ("Agreement') FOR
SERVICES AND/OR PRODUCTS SUBJECT TO UNIVERSAL SERVICES ("E-RATE") FUNDING
This Attachment ("Attachment'), entered into by AT&T Corp ("AT&T") and St. Lucie County Library System ("Customer")
and effective as of the date last signed below ("Effective Date"), is an attachment to the Agreement. This Attachment shall
have the same term as the Agreement. If there are any inconsistencies between the Agreement and this Attachment with
respect to the Service for which E-rate funding is sought, the terms and conditions of this Attachment shall control.
TERMS AND CONDITIONS APPLICABLE TO E-RATE FUNDED PRODUCTS AND SERVICES
Customer may seek funding through the Federal Universal Service Fund program known as "E-Rate" for some or
all of the Services or Service Components purchased under the Agreement. E-Rate is administered by the
Schools and Libraries Division ("SLD") of the Universal Service Fund Administrative Company ("USAC")
(Sometimes collectively or individually referred to herein as "USAC/SLD"). The Federal Communications
Commission ("FCC") has promulgated regulations that govern the participation in the E-Rate program. Both
Parties agree to adhere to FCC regulations as well as the rules established by SLD and USAC regarding
participation in the E-Rate program. The Parties further agree:
1. Reimbursement of USAC/SLD. If USAC/SLD seeks reimbursement from AT&T of E-Rate funds as a result of
Customer's failure to comply with the E-Rate rules or regulations, including Customer delays in submitting
required forms or contracts; or, if USAC/SLD determines that Services which it had previously approved for
discounts are not eligible and funds must be returned (a "ComAd") (other than as the result of AT&Ts failure to
comply with the E-Rate requirements), then Customer shall reimburse AT&T for any such funds AT&T must return
to USAC/SLD within ninety (90) days of notice from USAC/SLD seeking reimbursement. In addition, Customer
agrees and acknowledges that a determination of ineligibility does not affect the obligations set forth in the
Agreement, including those obligations related to payments and early termination fees.
2. Eligibility of Products and Services. The eligibility or ineligibility of products or services for E-Rate funding is
solely the responsibility of the USAC/SLD and/or the FCC. AT&T makes no representations or warranties
regarding such eligibility.
3. Service Substitutions. Customer acknowledges that USAC/SLD funding commitments are based upon the
products, services and locations set forth in the Form 471 and that any modification to the products and services
and/or the locations at which the products or services are to be installed and/or provided, requires Customer to
file a service substitution with USAC/SLD, seeking permission to receive alternative service or receive the service
to an alternative location. If Customer intends to make any such service substitutions, then Customer agrees to
pursue them, and file any and all requisite documentation, diligently. AT&T will provide Services and Service
Components only as approved by the SLD and may suspend activities pending approval of service substitution
requests.
4. Requested Information. If requested, Customer will promptly provide AT&T with final copies of the following E-
Rate-related materials (including all attachments) prepared by or for Customer: (i) Form 471 and Item 21
Attachment; if appropriate, (ii) Form 486; (iii) Form 500; (iv) Service Substitution Request; (v) Service Certification
Form; and,
(vi) Form 472-BEAR. If the Customer issues purchase orders, Customer shall clearly delineate between eligible
and non -eligible Services on those orders.
5. Representations. Warranties and Indemnities. Each Party represents and warrants that it has and will comply
with all laws and the requirements applicable to the E-Rate Program. In addition to any indemnification obligations
set forth in the Agreement and to the extent permitted by law, each Party agrees to indemnify and hold harmless
the other Party (its employees, officers, directors and agents, and its parents and affiliates under common control)
from and against all third party claims (including FCC or USAC/SLD claims) and related loss, liability, damage and
CONFIDENTIAL INFORMATION
This agreement is for use by the authorized employees of the parties hereto only 1 of 3
and is not for general distribution within or outside the companies.
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expense (including reasonable attorney's fees) arising out of the indemnifying Party's violation of the E-Rate
Requirements or breach of the representations, warranties, and terms contained in this Attachment.
6. Non -Appropriations. By executing the Agreement, Customer warrants that Customer has funds appropriated
and available to pay all amounts due hereunder through the end of Customer's current fiscal period. Customer
further agrees to request all appropriations and funding necessary to pay for the Services for each subsequent
fiscal period through the end of the Agreement Term. In the event Customer is unable to obtain the necessary
appropriations or funding for the Services provided under this Attachment, Customer may terminate the Services
without liability for the termination charges upon the following conditions: (i) Customer has taken all actions
necessary to obtain adequate appropriations or funding; (ii) despite Customer's best efforts funds have not been
appropriated and are otherwise unavailable to pay for the Services; and (iii) Customer has negotiated in good
faith with AT&T to develop revised terms, an alternative payment schedule or a new agreement to accommodate
Customer's budget. Customer must provide AT&T thirty (30) days' written notice of its intent to terminate the
Services. Termination of the Services for failure to obtain necessary appropriations or funding shall be effective
as of the last day for which funds were appropriated or otherwise made available. If Customer terminates the
Services under this Attachment, Customer agrees as follows: (i) it will pay all amounts due for Services incurred
through date of termination, and reimburse all unrecovered non -recurring charges; and (ii) it will not contract with
any other provider for the same or substantially similar services or equipment for a period equal to the original
Agreement Term.
Customer Must Choose A or B
A.) ❑ [OPTION "A" IS AVAILABLE FOR NEW OR EXISTING SERVICES]
CUSTOMER DIRECTS AT&T TO COMMENCE OR CONTINUE SERVICES EVEN IF FUNDING COMMITMENT
DECISION LETTER ("FCDL") HAS NOT BEEN RECEIVED FROM USAC/SLD. CUSTOMER
ACKNOWLEDGES ITS OBLIGATION TO PAY FOR THE SERVICE IF FUNDING IS DENIED OR USAC/SLD
COMMITMENT IS NOT RECEIVED.
1. Scope; Customer desires that Services commence on or about July 1 unless a different date is
inserted here INSERT DATE. Customer intends to seek funding from the USAC/SLD, but acknowledges that it
may not receive an FCDL prior to this date and that it is possible that USAC/SLD may not approve funding or may
delay its decision.
2. E-rate Funding Delay or Denial; CUSTOMER ACKNOWLEDGES THAT THERE IS NO RIGHT TO
TERMINATE THE SERVICES OR SERVICE COMPONENTS THAT ARE PROVIDED UNDER THIS
ATTACHMENT IF E-RATE FUNDING IS DELAYED OR DENIED.
Customer should refer to the E-Rate Rules and Regulations regarding USAC/SLD payments for eligible services
delivered after the beginning of the E-Rate year (July 1 st) but before receipt of an FCDL.
B.) ❑ [OPTION "B" IS APPROPRIATE FOR NEW SERVICES]
SERVICES WILL NOT COMMENCE AND/OR EQUIPMENT WILL NOT SHIP UNTIL AT&T RECEIVES
NOTIFICATION THAT E-RATE FUNDS HAVE BEEN COMMITTED; IF E-RATE FUNDING FOR SERVICES
AND/OR EQUIPMENT IS DENIED, AGREEMENT WILL TERMINATE AS TO THOSE SERVICES AND/OR
EQUIPMENT UNLESS AND UNTIL A NEW ATTACHMENT (REPLACING THIS ATTACHMENT) IS
EXECUTED.
1. Scope: Customer agrees to use best efforts to obtain funding from the USAC/SLD AT&T will not begin work
related to the Services and/or equipment (including, without limitation, construction, installation or activation
activities) until after AT&T receives Customer notification to proceed with the order, and verification of funding
CONFIDENTIAL INFORMATION
This agreement is for use by the authorized employees of the parties hereto only 2 of 3
and is not for general distribution within or outside the companies.
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approval, and, for Internal Connections (IC), a verification of Form 486 approval by the USAC/SLD. AT&T will
commence Service(s) as soon as is practical following the receipt of the appropriate documentation.
2. Funding Denial Agreement Termination: if a funding request is denied by the USAC/SLD, the Agreement,
with respect to such Service(s) and/or equipment, shall terminate sixty (60) days from the date of the FCDL in
which E-Rate funding is denied or on the 30th day following the final appeal of such denial, and Customer will not
incur termination liability. In the event Services and/or equipment are to be provided pursuant to a multi -year
arrangement (whether by contract or tariff), this termination right applies only to the first year of the multi -year
agreement.
3. IF CUSTOMER WISHES TO CHANGE ITS SELECTION AND WISHES AT&T TO COMMENCE SERVICES
REGARDLESS OF FUNDING COMMITMENT FROM THE USAC/SLD, CUSTOMER WILL EXECUTE A NEW
(REPLACEMENT) ATTACHMENT, AND AGREE TO THE TERMS SET FORTH IN "A" ABOVE. Upon execution
of the Replacement Attachment, the Parties will mutually agree upon a Service Commencement Date.
This provision does not apply to Services that were initially approved for funding and subsequently deemed
ineligible by USAC/SLD after commencement of Service
Customer acknowledges its obligation to designate the method by which it will receive E-Rate discounts.
With respect to each discount method, Customer agrees as follows:
Billed Entity Application Reimbursement ("BEAR")— Form 472:
Customer agrees to submit to AT&T complete and accurate BEAR — Form 472 requests for certification at
least five (6) business days prior to the FCC Invoice Deadline date for the Funding Request Number(s)
("FRN') being submitted on that Form 472. AT&T cannot ensure that the Form 472 will be reviewed prior
to the deadline if not received at least five (6) business days prior. Upon receipt of USAC/SLD check in
the amount of the certified Form 472, AT&T will remit payment to Customer within twenty (20) business
days after receipt of payment from USAC/SLD. It is solely Customer's responsibility to ensure the
accuracy of this submission and the amounts sought to be recovered through the E-Rate program.
Service Provider Invoice form - ("SPI")— Form 474:
After AT&T has received notification of approved funding, an approved Form 486, and Customer has
confirmed the appropriate Billed Accounts to be discounted per Funding Request Number, AT&T will then
provide E-rate program discounts and will file a Form 474 SPI. Customer agrees to promptly submit any
AT&T or USAC/SLD Forms needed to support requests for payment of Services rendered. In the event
SLID denies payment, Customer will be responsible for repayment of all funds provided to Customer by
AT&T associated with this process.
FCC RULES REQUIRE THAT PRIOR TO SUBMISSION OF A FORM 471 APPLICATION FOR FUNDING THE
PARTIES MUST HAVE ENTERED INTO A BINDING CONTRACT FOR THE SERVICES MADE THE SUBJECT
OF THE APPLICATION. IT IS THE CUSTOMER'S RESPONSIBILITY TO ENSURE THAT STATE LAW
REQUIREMENTS FOR A BINDING CONTRACT HAVE BEEN MET PRIOR TO THE SUBMISSION OF A FORM
471.
❑ THIS ATTACHMENT REPLACES THE E-RATE RIDER ATTACHMENT BETWEEN THE PARTIES
DATED <Date of Original a -Rate Rider Attachment>.
SO AGREED by the Parties' respective authorized signatories:
Insert E-Rate Billed Entity Number (BEN):
Customer I List AT&T party from Agreement "AT&T"
CONFIDENTIAL INFORMATION
This agreement is for use by the authorized employees of the parties hereto only 3 of 3
and is not for general distribution within or outside the companies.
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at&t E-rate Rider
(by its authorized representative)
b its authorized representative)
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
CONFIDENTIAL INFORMATION
This agreement is for use by the authorized employees of the parties hereto only 4 of 3
and is not for general distribution within or outside the companies.
Version 02-12-16
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ITEM NO. (ID # 3463)
COUNTY
' R I ` A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
Susan Jacob, Library Manager
Library Services Division
Library Ethernet Service Provider Agreement
DATE: 04/19/2016
*CONSENT
AGENDA\COMMUNITY
SERVICES
Mandated by Congress in 1996 and implemented by the Federal Communications Commission (FCC) in
1997, the E-rate program provides for the possibility of discounted Ethernet services to schools and
Libraries. Eligible libraries may receive discounts on these services, ranging from 20 to 90 percent, with
higher discounts for higher poverty and more rural schools and libraries.
Libraries must have their own contracts with the vendors and are always responsible for paying at least
some part of the cost of service. The St. Lucie County Library System has successfully applied for this
discount since 2006, has historically received an 80% discount and has been able to realize over $1,000,000
in savings for the County on Internet access -related services. The full annual retail rate for the Library
Ethernet service would be $51,288.60. Assuming the historic 80% E-rate discount, the total Ethernet cost
would be $10,257.72 thereby saving St. Lucie County $41,030.88.
As required by the program the Library must submit an annual application for each service requested. This
application must include an executed contract from a competitively bid utility vendor providing the
requested service.
With the Library's last contract set to expire on June 30, 2016, County IT and the Library's Head of
Information Services worked together to bid and decide on a vendor. Based on pre -determined criteria,
AT&T was the successful bidder for Ethernet service to the Library. This is a 2- year contract, with an option
of three 1-year renewals. The contact would begin July 1, 2016.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funds are available in Library Fund (001-7110-541000-700).
RECOMMENDATION:
Packet Pg. 115
Staff recommends approval of the AT&T contract providing for Library Ethernet service and authorization
for the Chairman to sign documents as approved by the County attorney
COMMISSION ACTION:
Coordination/Signatures
;yder, Community, services Dir or 4/4/2016
i]Lz2dAj
anie S. McIntyre, ?my ttorney 4/5/2016
Updated: 4/6/2016 3:56 PM by Susan Jacob Page 2
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8.D.2.a
20160322-7814
6) at&t
MASTER AGREEMENT
201603227814UA
AT&T MA Reference No.
Customer
AT&T
St Lucie County Library System
AT&T Corp.
Street Address: 101 Melody Lane
City: Ft Pierce State/Province: FL
Zip Code: 34950 Country: USA
Customer Contact for notices
AT&T Contact for notices
Name: Randy Miller
Street Address:11760 US Hwy 1, FL 3, West Tower
Title: Information Systems Division Manager
City: North Palm Beach State/Province: FL
Street Address: 101 Melody Lane
Zip Code: 33408 Country: USA
City: Ft Pierce State/Province: FL
Zip Code: 34950 Country: USA
With a copy to:
Telephone: 772.462.1802
AT&T Corp.
Fax:
One AT&T Way
Email: milterraa@stlucieco.org
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email- mast att.com
This Master Agreement ("Master Agreement"), between the customer named above ('Customer') and the AT&T entity named above
("AT&T"), is effective when signed by both Customer and AT&T.
Customer
(by its authorized representative)
AT&T
b its authorized representative)
B:
B:
Name:
Name:
Cheryl W kowski
Title:
Title:
Associate Director - Customer Contracts
Date:
Date:
3-23-16
js406h
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8.D.2.a
MASTER AGREEMENT
1. INTRODUCTION
1.1 Overview of Documents. This Master Agreement and the following additional documents (collectively, the "Agreement") shall
apply to all products and services AT&T provides Customer pursuant to this Agreement ("Services') and shall continue in effect so long as
Services are provided under this Agreement:
(a) Pricing Schedules. A "Pricing Schedule" means a pricing schedule (including related attachments) or other document that is
attached to or is later executed by the parties and references this Master Agreement. A Pricing Schedule includes the Services,
the pricing (including discounts and commitments, if applicable) and the pricing schedule term ("Pricing Schedule Term").
(b) Tariffs and Guidebooks. "Tariffs" are documents containing the descriptions, pricing and other terms and conditions for a
Service that AT&T or its Affiliates file with regulatory authorities. "Guidebooks" are documents (designated as Guidebooks or
Price Lists) containing the descriptions, pricing and other terms and conditions for a Service that were but no longer are filed with
regulatory authorities. Tariffs and Guidebooks can be found at att.comtservicepublications or other locations AT&T may
designate.
(c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP") applies to (i) Services provided over or accessing the Internet
and (ii) wireless (i.e., cellular) data and messaging Services. The AUP can be found at att.comlauo or other locations AT&T may
designate.
(d) Service Guides. The descriptions, pricing and other terms and conditions for a Service not covered by a Tariff or Guidebook
may be contained in a Service Guide, which can be found at aft.comiserviceoublications or other locations AT&T may designate.
1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: the applicable Pricing Schedule or
Order; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that Tariffs will be first in priority in any
jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms.
1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any
time.
1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate
contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their
respective Affiliates to comply with any such separate and associated contract.
2. AT&T DELIVERABLES
2.1 Services. AT&T will either provide or arrange to have an AT&T Affiliate provide Services to Customer and its Users, subject to
the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the
appropriate regulatory authority will be the service provider. If an applicable Service Publication expressly permits placement of an order
for a Service under this Master Agreement without the execution of a Pricing Schedule, Customer may place such an order using AT&T's
standard ordering processes (an "Order"), and upon acceptance by AT&T, the Order shall otherwise be deemed a Pricing Schedule under
this Master Agreement for the Service ordered.
2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site ("AT&T Equipment"),
but title to the AT&T Equipment will remain with AT&T. Customer must provide adequate space and electric power for the AT&T
Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or
damage to the AT&T Equipment (other than ordinary wear and tear), except to the extent caused by AT&T or its agents_
2.3 Purchased Equipment. Except as specified in a Service Publication, title to and risk of loss of Purchased Equipment shall pass
to Customer on delivery to the transport carrier for shipment to Customer's designated location.
2.4 License and Other Terms. Software, Purchased Equipment and Third -Party Services may be provided subject to the terms of a
separate license or other agreement between Customer and either the licensor, the third -party service provider or the manufacturer.
Customer's execution of the Pricing Schedule for or placement of an Order for Software, Purchased Equipment or Third -Party Services is
Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT&T's sole
responsibility with respect to Third -Party Services is to place Customer's orders for Third -Party Services, except that AT&T may invoice
and collect payment from Customer for the Third -Party Services.
3. CUSTOMER'S COOPERATION
3.1 Access Right. Customer will in a timely manner allow AT&T access as reasonably required for the Services to property and
equipment that Customer controls and will obtain at Customer's expense timely access for AT&T as reasonably required for the Services
to property controlled by third parties such as Customer's landlord. AT&T wilt coordinate with and, except in an emergency, obtain
Customer's consent to enter upon Customer's property and premises, which consent shall not be unreasonably withheld. Access rights
mean the right to construct, install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary
equipment space within a building for Customer's connection to AT&T's network. Customer must provide AT&T timely information and
access to Customer's facilities and equipment as AT&T reasonably requires for the Services, subject to Customer's reasonable security
policies. Customer will fumish any conduit, holes, wireways, Wring, plans, equipment, space, power/utilities and other items as AT&T
reasonably requires for the Services and will obtain any necessary licenses, permits and consents (including easements and rights -of -
way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule.
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8.D.2.a
MASTER AGREEMENT
3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a
safe working environment, free of Hazardous Materials and reasonably suitable for the Services. "Hazardous Materials" mean any
substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling,
disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. AT&T shall have no
obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous
Materials.
3.3 Users. "User" means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply
with this Agreement and is responsible for Users' use of any Service unless expressly provided to the contrary in an applicable Service
Publication.
3.4 Resale of Services. Customer may not resell the Services or rebrand the Services for resale to third parties without AT&T's
prior written consent.
4. PRICING AND BILLING
4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. The prices listed in a Pricing
Schedule are stabilized until the end of the Pricing Schedule Term and will apply in lieu of the corresponding prices set forth in the
applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. Unless the Pricing
Schedule states otherwise, at the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or
other requirements in a Service Publication for Customer to terminate a Service Component) under a month -to -month service arrangement
at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or
conditions on 30 days' prior notice to Customer.
4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of and Customer will pay all taxes
(excluding those on AT&Ts net income), surcharges, recovery fees, customs clearances, duties, levies, shipping charges and other similar
charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to
the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides a valid
exemption certificate prior to the delivery of Services. To the extent required by law, Customer may withhold or deduct any applicable taxes
from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent
allowed by law or treaty and will fumish AT&T with such evidence as may be required by relevant taxing authorities to establish that such
tax has been paid so that AT&T may claim any applicable credit.
4.3 Billing. Unless a Service Publication specifies otherwise, Customer's obligation to pay for a Service Component begins upon
availability of the Service Component to Customer. Customer will pay AT&T without deduction, setoff or delay for any reason (except for
withholding taxes as provided in Section 4.2 - Additional Charges and Taxes or in Section 4.5 - Delayed Billing; Disputed Charges). At
Customer's request, but subject to AT&Ts consent (which may not be unreasonably withheld or withdrawn), Customer's Affiliates may be
invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates
do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T
determines, in its reasonable judgment, that Customer or its Affiliates are not creditworthy, and AT&T may apply such deposit to any
charges owed.
4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or
Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements
or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored
payments, including reasonable attorneys' fees. AT&T may charge late payment fees at the lowest of (a) 1.5% per month (18% per
annum), (b) for Services contained in a Tariff or Guidebook at the rate specified therein, or (c) the maximum rate allowed by law for
overdue payments.
4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services initially invoiced more than 6
months after close of the billing period in which the charges were incurred, except for calls assisted by an automated or live operator. If
Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charge and the reason it is disputed within 6
months after the date of the invoice in which the disputed charge initially appears, or Customer waives the right to dispute the charge. The
portion of charges in dispute may be withheld and will not be considered overdue until AT&T completes its investigation of the dispute, but
Customer may incur late payment fees in accordance with Section 4.4 (Payments). Following AT&Ts notice of the results of its
investigation to Customer, payment of all properly due charges and properly accrued late payment fees must be made within ten (10)
business days. AT&T will reverse any late payment fees that were invoiced in error.
4.6 Credit Terms. AT&T retains a lien and purchase money security interest in each item of Purchased Equipment and Vendor
Software until Customer pays all sums due. AT&T is authorized to sign and file a financing statement to perfect such security interest.
4.7 MARC. Minimum Annual Revenue Commitment ("MARC") means an annual revenue commitment set forth in a Pricing Schedule
that Customer agrees to satisfy during each 12-consecutive-month period of the Pricing Schedule Term. If Customer fails to satisfy the
MARC for any such 12-month period, Customer will pay a shortfall charge in an amount equal to the difference between the MARC and the
total of the applicable MARC-Eligible Charges incurred during such 12-month period, and AT&T may withhold contractual credits until
Customer pays the shortfall charge.
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MASTER AGREEMENT
4.8 Adjustments to MARC.
(a) In the event of a business downturn beyond Customers control, or a corporate divestiture, merger, acquisition or significant
restructuring or reorganization of Customer's business, or network optimization using other Services, or a reduction of AT&T's
prices, or a force majeure event, any of which significantly impairs Customer's ability to meet a MARC, AT&T will offer to adjust
the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices, credits or
discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will
amend the affected Pricing Schedule prospectively. This Section 4.8 will not apply to a change resulting from Customer's
decision to use service providers other than AT&T. Customer will provide AT&T notice of the conditions Customer believes will
require the application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring
charges and shortfall charges, Customer incurs prior to amendment of the affected Pricing Schedule.
(b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T
may agree in writing to include the new business or operation under this Agreement. Such agreement will specify the impact, if
any, of such addition on Customer's MARC or other volume or growth discounts and on Customer's attainment thereof.
5. CONFIDENTIAL INFORMATION
5.1 Confidential Information. Confidential Information means: (a) information the parties or their Affiliates share with each other in
connection with this Agreement or in anticipation of providing Services under this Agreement (including pricing or other proposals), but only
to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms
of this Agreement.
5.2 Obligations. A disclosing party's Confidential Information will, for a period of 3 years following its disclosure to the other party
(except in the case of software, for which the period is indefinite): (a) not be disclosed, except to the receiving parry's employees, agents
and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in
writing to use and disclosure restrictions as restrictive as this Section 5) or to the extent authorized to be revealed by law, governmental
authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing
party to the extent practicable and not prohibited by law, governmental authority or legal process); (b) be held in confidence; and (c) be
used only for purposes of using the Services, evaluating proposals for new services or performing this Agreement (including in the case of
AT&T to detect fraud, to check quality and to operate, maintain and enhance the network and Services).
5.3 Exceptions. The restrictions in this Section 5 will not apply to any information that: (a) is independently developed by the
receiving party without use of the disclosing party's Confidential Information; (b) is lawfully received by the receiving party free of any
obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement.
5.4 Privacy. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its
personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in
accordance with the data protection laws and regulations applicable to AT&T's business. If Customer does not want AT&T to comprehend
Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible.
Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and
AT&T's collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or
provide Customer Personal Data to AT&T when it has the legal authority to do so. Unless otherwise directed by Customer in writing, if
AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative
to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for
further authentication or authorization.
6. LIMITATIONS OF LIABILITY AND DISCLAIMERS
6.1 Limitation of Liability.
(a) EITHER PARTY'S ENTIRE LIABILITY AND THE OTHER PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF
ANY CLAIM ARISING OUT OF AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE:
(i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY
PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE, PROVEN DIRECT DAMAGES;
(ii) FOR BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity) OR SECTION 10.2 (Trademarks),
PROVEN DIRECT DAMAGES;
(iii) FOR ANY THIRD -PARTY CLAIMS, THE REMEDIES AVAILABLE UNDER SECTION 7 (Third Party Claims);
(iv) FOR CLAIMS ARISING FROM THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
PROVEN DAMAGES; OR
(v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION 6.1(a)(i)-(iv), PROVEN DIRECT DAMAGES NOT TO
EXCEED, ON A PER CLAIM OR AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT
EQUAL TO THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE
RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM
AROSE.
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(b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY'S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS.
(c) THE LIMITATIONS IN THIS SECTION 6 SHALL NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ALL
PROPERLY DUE CHARGES UNDER THIS AGREEMENT.
6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO:
INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES,
CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR
ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911
OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR CREDITS EXPLICITLY
SET FORTH IN THIS AGREEMENT); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR
THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S (OR ITS AFF)LIATES', USERS' OR THIRD PARTIES')
APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS.
6.3 Purchased Equipment and Vendor Software Warranty. AT&T shall pass through to Customer any warranties for Purchased
Equipment and Vendor Software available from the manufacturer or licensor. The manufacturer or licensor, and not AT&T, is responsible
for any such warranty terms and commitments. ALL SOFTWARE AND PURCHASED EQUIPMENT IS OTHERWISE PROVIDED TO
CUSTOMER ON AN `AS IS" BASIS.
6.4 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON -INFRINGEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR
BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR
OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911
OR ANY SIMILAR EMERGENCY RESPONSE NUMBER) AND MAKES NO GUARANTEE REGARDING NETWORK SECURITY, THE
ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT
TO LOAD BALANCING OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR
IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION.
6.5 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement All apply regardless
of the form of action, whether in contract, equity, tart, strict liability or otherwise, of whether damages were foreseeable and of whether a
party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their
respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will
survive failure of any exclusive remedies provided in this Agreement.
THIRD PARTY CLAIMS
7.1 AT&T's Obligations. AT&T agrees at its expense to defend and either to settle any third -party claim against Customer, its
Affiliates and its and their respective employees and directors or to pay all damages that a court finally awards against such parties for a
claim alleging that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright or trade secret, but not
where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the
Service by Customer, its Affiliate or a third party, or combinations of the Service with any non -AT&T services or products by Customer or
others; (c) AT&T's adherence to Customer's or its Affiliate's written requirements; or (d) use of a Service in violation of this Agreement.
7.2 Customer's Obligations. Customer agrees at its expense to defend and either to settle any third -party claim against AT&T, its
Affiliates and its and their respective employees, directors, subcontractors and suppliers or to pay all damages that a court finally awards
against such parties for a claim that: (a) arises out of Customer's, its Affiliate's or a User's access to or use of the Services and the claim is
not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and
falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliate or a User of a Software license agreement.
7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to
continue using, or may replace or modify, the Service so that it is non -infringing.
7.4 Notice and Cooperation. The party seeking defense or settlement of a third -party claim under this Section 7 will provide notice
to the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no
effect except to the extent the other party is prejudiced by the delay. The party seeking defense or settlement will allow the other party to
control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party All use counsel
reasonably experienced in the subject matter at issue and will not settle a claim without the written consent of the party being defended,
which consent will not be unreasonably withheld or delayed, except that no consent will be required to settle a claim where relief against
the party being defended is limited to monetary damages that are paid by the defending party under this Section 7.
7.5 AT&T's obligations under Section 7.1 shall not extend to actual or alleged infringement or misappropriation of intellectual
property based on Purchased Equipment, Software, or Third -Party Services.
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8. SUSPENSION AND TERMINATION
8A Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party
becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding or
makes an assignment for the benefit of its creditors.
8.2 Termination or Suspension. The following additional termination provisions apply:
(a) Material Breach. If either party fails to perform or observe any material warranty, representation, term or condition of this
Agreement, including non-payment of charges, and such failure continues unremedied for 30 days after receipt of notice, the
aggrieved party may terminate (and AT&T may suspend and later terminate) the affected Service Components and, if the breach
materially and adversely affects the entire Agreement, terminate (and AT&T may suspend and later terminate) the entire
Agreement.
(b) Materially Adverse Impact. If AT&T revises a Service Publication, the revision has a materially adverse impact on Customer
and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from
Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days'
notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. "Materially
adverse impacts" do not include changes to non -stabilized pricing, changes required by governmental authority, or assessment
of or changes to additional charges such as surcharges or taxes.
(c) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may
suspend the affected Service Components: AT&T reserves the right, however, to suspend or terminate immediately when:
(i) AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in
response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines that
(a) it may be exposed to sanctions, liability, prosecution or other adverse consequences under applicable law if AT&T were to
allow the violation to continue; (b) such violation may harm or interfere with the integrity, normal operations or security of AT&T's
network or networks with which AT&T is interconnected or may interfere with another customer's use of AT&T services or the
Internet; or (c) such violation otherwise presents an imminent risk of harm to AT&T, AT&T's customers or its or their respective
employees.
(d) Fraud or Abuse. AT&T may terminate or suspend an affected Service or Service Component and, if the activity materially and
adversely affects the entire Agreement, terminate or suspend the entire Agreement, immediately by providing Customer with as
much advance notice as is reasonably practicable under the circumstances if Customer, in the course of breaching the
Agreement: (i) commits a fraud upon AT&T; (ii) uses the Service to commit a fraud upon another party; (iii) unlawfully uses the
Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customer's use of AT&T's network or
services.
(e) Infringing Services. If the options described in Section 7.3 (Infringing Services) are not reasonably available, AT&T may at its
option terminate the affected Services or Service Components without liability other than as stated in Section 7.1 (AT&T's
Obligations).
(fj Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site, AT&T may terminate the affected Services or
Service Components or may suspend performance until Customer removes and remediates the Hazardous Materials at
Customer's expense in accordance with applicable law.
8.3 Effect of Termination.
(a) Termination or suspension by either party of a Service or Service Component does not waive any other rights or remedies a
party may have under this Agreement and will not affect the rights and obligations of the parties regarding any other Service or
Service Component.
(b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination.
8.4 Termination Charges.
(a) If Customer terminates this Agreement or an affected Service or Service Component for cause in accordance with the
Agreement or if AT&T terminates a Service or Service Component other than for cause, Customer will not be liable for the
termination charges set forth in this Section 8.4.
(b) If Customer or AT&T terminates a Service or Service Component prior to Cutover other than as set forth in Section 8.4(a),
Customer (i) will pay any pre-Cutover termination or cancellation charges set out in a Pricing Schedule or Service Publication, or
(ii) in the absence of such specified charges, will reimburse AT&T for time and materials incurred prior to the effective date of
termination, plus any third party charges resulting from the termination.
(c) If Customer or AT&T terminates a Service or Service Component after Cutover other than as set forth in Section 8.4(a),
Customer will pay applicable termination charges as follows: (i) 50% (unless a different amount is specified in the Pricing
Schedule) of any unpaid recurring charges for the terminated Service or Service Component attributable to the unexpired portion
of an applicable Minimum Payment Period; (ii) if termination occurs before the end of an applicable Minimum Retention Period,
any associated credits or waived or unpaid non -recurring charges; and (iii) any charges incurred by AT&T from a third party (i.e.,
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not an AT&T Affiliate) due to the termination. The charges set forth in Sections 8.4(c)(i) and (ii) witl not apply if a terminated
Service Component is replaced with an upgraded Service Component at the same Site, but only if the Minimum Payment Period
or Minimum Retention Period, as applicable, (the "Minimum Period") and associated charge for the replacement Service
Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service
Component, respectively, and if the upgrade is not restricted in the applicable Service Publication.
(d) In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the
unsatisfied MARC for the balance of the Pricing Schedule Term.
9. IMPORTIEXPORT CONTROL
Neither party will use, distribute, transfer or transmit any equipment, services, software or technical information provided under this
Agreement (even if incorporated into other products) except in compliance with all applicable import and export laws, conventions and
regulations.
10. MISCELLANEOUS PROVISIONS
10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or to the
provision of Services without the prior written consent of the other party.
10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos,
trademarks, service marks or other indicia of origin without the other party's prior written consent, which consent may be revoked at any
time by notice.
10.3 Independent Contractor. Each party is an independent contractor. Neither party controls the other, and neither party nor its
Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party.
10.4 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or
damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military
authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental
agencies or other causes beyond such party's reasonable control.
10.5 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing
and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a
waiver of any other breach of this Agreement.
1H Assignment and Subcontracting.
(a) Customer may, without AT&T's consent but upon notice to AT&T, assign in whole or relevant part its rights and obligations under
this Agreement to a Customer Affiliate. AT&T may, without Customer's consent, assign in whole or relevant part its rights and
obligations under this Agreement to an AT&T Affiliate. In no other case may this Agreement be assigned by either party without
the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). In the case of any
assignment, the assigning party shall remain financially responsible for the performance of the assigned obligations.
(b) AT&T may subcontract to an Affiliate or a third party work to be performed under this Agreement but will remain financially
responsible for the performance of such obligations.
(c) In countries where AT&T does not have an Affiliate to provide a Service, AT&T may assign its rights and obligations related to
such Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries,
Customer may be required to contract directly with the local service provider.
10.7 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.11
(Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties
will negotiate in good faith to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with
the original intention of the parties.
10.8 Injunctive Relief. Nothing in this Agreement is intended to or should be construed to prohibit a party from seeking preliminary or
permanent injunctive relief in appropriate circumstances from a court of competent jurisdiction.
10.9 Legal Action. Any legal action arising in connection with this Agreement must be filed within two (2) years after the cause of
action accrues, or it will be deemed time -barred and waived. The parties waive any statute of limitations to the contrary.
10.10 Notices. Any required notices under this Agreement shall be in writing and shall be deemed validly delivered if made by hand (in
which case delivery will be deemed to have been effected immediately), or by overnight mail (in which case delivery will be deemed to
have been effected one (1) business day after the date of mailing), or by first class pre -paid post (in which case delivery will be deemed to
have been effected five (5) days after the date of posting), or by facsimile or electronic transmission (in which case delivery will be deemed
to have been effected on the day the transmission was sent). Any such notice shall be sent to the office of the recipient set forth on the
cover page of this Agreement or to such other office or recipient as designated in writing from time to time.
10.11 Governing Law. This Agreement will be governed by the law of the State of New York, without regard to its conflict of law
principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention
on Contracts for International Sale of Goods will not apply.
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10.12 Compliance with Laws. Each party will comply with all applicable laws and regulations and with all applicable orders issued by
courts or other governmental bodies of competent jurisdiction.
10.13 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T and does not provide any third party
(including Users) the right to enforce it or to bring an action for any remedy, claim, liability, reimbursement or cause of action or any other
right or privilege.
10.14 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or
expiration of this Agreement, including the obligations set forth in Section 5 (Confidential Information), Section 6 (Limitations of Liability and
Disclaimers) and Section 7 (Third Party Claims), will survive such termination or expiration.
10.15 Agreement Language. The language of this Agreement is English. If there is a conflict between this Agreement and any
translation, the English version will take precedence.
10.16 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter.
Except as provided in Section 2.4 (License and Other Terms), this Agreement supersedes all other agreements, proposals,
representations, statements and understandings, whether written or oral, Concerning the Services or the rights and obligations relating to
the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral
statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this
Agreement.
11. DEFINITIONS
"Affiliate" of a party means any entity that controls, is controlled by or is under common control with such party.
"API" means an application program interface used to make a resources request from a remote implementer program. An API may include
coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs.
"AT&T Software" means software, including APIs, and all associated written and electronic documentation and data owned by AT&T and
licensed by AT&T to Customer. AT&T Software does not include software that is not furnished to Customer.
"Customer Personal Data" means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T
and that AT&T collects, holds or uses in the course of providing the Services.
"Cutover" means the date Customer's obligation to pay for Services begins.
"Effective Date" of a Pricing Schedule means the date on which the last party signs the Pricing Schedule unless a later date is required by
regulation or law.
"MARC-Eligible Charges" means the recurring and usage charges (including amounts calculated from unpaid charges that are owed
under Section 8.4(c)(i)), after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer
for the Services identified in the applicable Pricing Schedule as MARC-contributing. The following are not MARC-Eligible Charges: (a)
charges for or in connection with Customer's purchase of equipment; (b) taxes; and (c) charges imposed in connection with
governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges).
"Minimum Payment Period" means the Minimum Payment Period identified for a Service Component in a Pricing Schedule or Service
Publication during which Customer is required to pay recurring charges for the Service Component.
"Minimum Retention Period" means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service
Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges
or amortized charges.
"Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement, including any
replacements of Purchased Equipment provided to Customer. Purchased Equipment also includes any internal code required to operate
such Equipment. Purchased Equipment does not include Software but does include any physical media provided to Customer on which
Software is stored.
"Service Component" means an individual component of a Service provided under this Agreement.
"Service Publications" means Tariffs, Guidebooks, Service Guides and the AUP.
"Site" means a physical location, including Customer's collocation space on AT&T's or its Affiliate's or subcontractor's property, where
AT&T installs or provides a Service.
"Software" means AT&T Software and Vendor Software.
"Third -Party Service" means a service provided directly to Customer by a third party under a separate agreement between Customer and
the third party.
"Vendor Software" means software, including APIs, and all associated written and electronic documentation and data AT&T furnishes to
Customer, other than AT&T Software.
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20160322-7841
40 at&t
AT&T SWITCHED ETHERNET SERVICEsw (INTRASTATE)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS 201603227814UA
AT&T MA Reference No.
AT&T Contract ID No. ASE49VKDF
Customer
AT&T
St Lucie County Library System
The applicable AT&T Service -Providing Affiliate(s)
Street Address: 101 Melody Lane
City: Ft Pierce State/Province: FL
Zip Code: 34950 Country: USA
Customer Contact (for Notices)
AT&T Contact (for Notices)
Name: Randy Miller
Name: Nancy Vinez
Title: Information Systems Division Manager
Street Address: 11760 US Hwy 1, FL3, West Tower
Street Address: 101 Melody Lane
City: North Palm Beach StatelProvince: FL
City: Ft Pierce State/Province: FL
Zip Code: 33408 Country: USA
Zip Code: 34950 Country: USA
Telephone: 561-568-3971 Fax:
Telephone: 772.462.1802
Email: nv5238@att.com
Fax:
Sales/Branch Manager: Espe Diaz -Bello SCUP Name: Erik
Email: millerra@stlucieco.org
Lindborg
Sales Strata: GEM Sales Region: SE
Customer Account Number or Master Account Number:
With a cony (for Notices) to:
AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752
ATTN: Master Agreement Supeort Team Email: mast att.com
AT&T Solution Provider or Representative Information if applicable)
Name: Company Name:
Agent Street Address: City: State: Zip Code: Country: USA
Telephone: Fax: Email: Agent Code
This Pricing Schedule for the service(s) identified below (('Service") is part of the Agreement referenced above. Customer requests that its identity
be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law.
Customer acknowledges and certifies that the interstate traffic (including Internet and international traffic) constitutes ten percent (1016) or less of
the total traffic on any Service.
AT&T California currently provides billing and collections services to third parties, which may place charges that Customer authorizes on Customer's
bill for intrastate Services. To the extent that AT&T California makes blocking of such charges available, Customer may block third -party charges
from its bill at no cost.
Customer confirms receipt of the AT&T customer building / site preparation document describing the installation requirements at the Site(s).
Customer (by its authorized representative)
AT&T (by iVputhodzed representa 've)
B:
B:
Printed or Typed
Name:
Printed or Typed
Name: heryl Wankowski
Title:
Title: Associate Director - Customer Contracts
Date:
Date: 3-30-16
's406h
For AT&T Intemal use only: Contract Ordering and Billing Number (CNUM):
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WK# - TCAL and ILEC - Intrastate -TBD For AT&T Administrative Use Only
Pricing Schedule No.
Please sign by 02/06/2017 Original Effective Date: _.
AT&T SWITCHED ETHERNET SERVICEsM (Intrastate)
Pricing Schedule Provided Pursuant to Custom Terms
1. SERVICE, SERVICE PROVIDER(S) and SERVICE PUBLICATION(S)
Service AT&T Switched Ethernet Servicesy
Service Provider(s)
Service Publication (incorporated by reference)
Service Publication Location (URL)
AT&T Florida
I AT&T Switched Ethernet Service Guide
hftpalci)r.att.comtpdf/commonEthServGuide.html
2. PRICING SCHEDULE TERM, EFFECTIVE DATES
Pricing Schedule Term
24 months
Start Date of Minimum Payment Period,
per Service Component
later of the Effective Date or installation of the Service Component
Rate Stabilization per Service Component
Rates as specified in this Pricing Schedule for each Service Component are
stabilized until the end of its Minimum Payment Period.
Pricing following the end of Minimum Payment Period
non -stabilized prices as modified from time to time in applicable Service Publication
or, if there is no such pricing, the pricing in this Pricing Schedule
Pricing Schedule Term Extension Option
Customer may extend the Pricing Schedule Term for one, two or three 12 month
periods (each, an "Extension Period") upon written notice to AT&T at least forty-five
(45) days prior to the expiration of the original Pricing Schedule Term (or of the first
Extension Period, or the second Extension Period, if applicable).
In such a case, the Minimum Payment Period for each Service Component in
service at the expiration of the original Pricing Schedule Term (and of the first
Extension Period, if the second Extension Period is exercised; or the second
Extension Period, if the third Extension Period is exercised) shall be extended for
12 months for each Extension Period exercised.
3. MINIMUM PAYMENT PERIOD
Service Components
Percentage of Monthly Recurring Rate Applied for
Minimum Payment Period
Calculation of Early Termination Charges*
per Service Component
CIRICoS
50°k plus any unpaid or waived non -recurring charges
Until the end of the Minimum Payment Period
for the associated Customer Port Connection
50% plus any unpaid or waived non -recurring charges
All other Service Components
and, if AT&T installs Customer Premises Support Structure
24 months
facilities for AT&T Switched Ethernet Service at any site, an
additional $9,200 for such site to recover facility costs
Early termination charges shall not exceed the total amount of monthly recurring charges for the remainder of the Minimum Payment Period.
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8.D.2.b
WK# - TCAL and ILEC - Intrastate -TBD For AT&T Administrative Use Only
Pricing Schedule No.
Please sign by 02/06/2017 Original Effective Date:
AT&T SWITCHED ETHERNET SERVICEsm (Intrastate)
Pricing Schedule Provided Pursuant to Custom Terms
4. ADDS; MOVES; and UPGRADES
4.1 Adds
Orders for Service Components (other than CIR1CoS*) in excess of quantifies listed Section A-1 of Attachment A ("Adds") permitted only as
specified below:
Sites Permitted for Adds
Monthly Recurring Rates
Non -recurring Charges
Additional Requirements
Site(s) listed in Attachment A,
As provided in Attachment A
As provided in Attachment A,
Each Add will have its own
plus any other Site(s) in AT&T
plus any additional special
Minimum Payment Period/Term.
service areas in States included in
construction charges that may
Attachment A
be assessed.
' For any permitted Add, Customer may order any CIR/CoS described in section 4.3.2, Pricing for Service Reconfiguration - Increase in CIR or
CoS, at the rates set forth therein.
4.2 Moves
Per applicable Service Publication
4.3 Upgrades
4.3.1 Customers may upgrade their CIR to a higher speed without incurring Termination Charges, if such increases do not require physical
changes to AT&T's equipment or connections at Customer Site(s). In addition, customers may upgrade their Class of Service without
incurring Termination Charges provided the upgrade does not include any reduction in the customer's existing CIR.
4.3.2 Pricing for Service Reconfiguration - Increase in CIR or CoS*
Service Components
Monthly Recurring Rate and Non -recurring Charges
Committed Information Rate (CIR) or
As specified in Attachment A
Class of Service (CoS) specified in
Attachment A
*only increases which do not require physical
changes to AT&T's equipment or connections at Customer Site(s)
5. WAIVERS
Waived Charges
Non -recurring Charge waivers, if any, will apply as identified in Attachment A.
6. RATES AND CHARGES; QUANTITIES; INITIAL SITE AND SERVICE CONFIGURATION
See Attachments) A. This Pricing Schedule is Customer's order for any new Services shown on Attachments) A.
7. SPECIAL TERMS, CONDITIONS or OTHER REQUIREMENTS
7.1 Customer may Add or Upgrade sites by contract amendment or by Customer Work Order (via Letter, Purchase Order or email from a
customer —authorized person) that references this contract and includes the information set forth in Attachment B. Customer Work Orders,
are subject to the terms, rates and charges provided herein, and are subject to service availability and AT&T order acceptance.
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8.D.2.b
WK# - TCAL and ILEC - Intrastate -TBD For AT&T Administrative Use Only
Pricing Schedule No.
Please sign by 02/06/2017 Original Effective Date:
AT&T SWITCHED ETHERNET SERVICEsm (Intrastate)
Pricing Schedule Provided Pursuant to Custom Terns
ATTACHMENT A — FLORIDA
RATES and CHARGES; INITIAL SERVICE COMPONENTS, SITE and SERVICE CONFIGURATION
ST LUCIE COUNTY LIBRARY SYSTEM
A-1 Rates and Charges; Initial Quantities
Billed
Total Billed
Standard
Non -recurring
Billed
Nonrecurring
Total Billed
Service Components !
Quantity
Quantity
Monthly
Monthly
Recurring
Charge (NRC)*,
Charge (NRC)*,
Non -recurring
Charge
USOC
New
ExistingRecurring
Rate (MRR},
Rate
(NS
(Now Service
{New Service
(Qty New x
per unit
(Qty x MRR)
Components
Components
Billed NRC)
only), per unit
only), per unit
Customer Port
7
0
$184.00
$1,288.00
$2.100.00
$0.00
$0.00
Connection -1 Gig
- PPCoS / OEMMX
1000Mb CIR/
1
0
$652.00
$652.00
$150.00
$0.00
$0.00
Business Data
- PPCoS Only / OEM1T
100Mb CIR /
6
0
$307.15
$1,842.90
$150.00
$0.00
$0.00
Business Data
- PPCoS Only / OEM H
TOTAL billed MRR and NRC for Service Components and
$3,782.90
$0.00
Quantities listed above:
*Any difference between the standard NRC and the billed NRC has been waived.
Charges for special construction, if needed, may also apply.
Prices for AT&T Switched Ethernet Service include any required Customer Premises Support Structure.
If any CIR or CoS is decreased before the end of the Minimum Payment Period, early termination charges will not apply; the MRR for the new CIR
or CoS will be the then -current Service Publication rate for the EPP term equal to the Minimum Payment Period or K no such EPP term exists
then the next shorter EPP term..
A-2 Minimum Quantity New Commitment
Required Installation Date Monthly Shortfall Charge
Within six (6) months after the Effective 50% of MRR (partial months prorated) for each "Quantity NeW Service Component not installed by
Date, excluding AT&T delay Required Installation Date until installed or, if not installed, until the end of the Pricing Schedule Term
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WK# - TCAL and ILEC - Intrastate -TBD For AT&T Administrative Use Only
Pricing Schedule No.
Please sign by 02/06/2017 Original Effective Date:
AT&T SWITCHED ETHERNET SERVICES" (Intrastate)
Pricing Schedule Provided Pursuant to Custom Terms
A-3 Initial New and Existing Sites and Service Configuration
Table 1- Complete a line for each Customer Pon: Connection.
Port ID #
Street Address
city
State
New or Existing Service
1
2300 VIRGINIA AVE
FORT PIERCE
FLORIDA
New
2
180 SW PRIMA VISTA BLVD
PORT ST LUCIE
FLORIDA
New
3
7605 SANTA BARBARA DR
FORT PIERCE
FLORIDA
New
4
500 NW CALIFORNIA BLVD
PORT ST LUCIE
FLORIDA
New
5
101 MELODY LN
FORT PIERCE
FLORIDA
New
6
3008 AVENUE D
FORT PIERCE
FLORIDA
New
7
2410 SE MORNINGSIDE BLVD
PORT ST LUCIE
FLORIDA
New
Table 2 — Service Components associated with Customer Port Connections identified above.
Port ID #
Customer Port Connection Speed
CIR Speed I Tier
Class of Service I Package
Regenerator
1
1 Gb s Per Packet Class of Service
1000 Mb s
Business Data
NIA
2
1 Gb s Per Packet Class of Service
100 Mb s
Business Data
NIA
3
1 Gb s Per Packet Class of Service
100 Mb s
Business Data
NIA
4
1 Gb s Per Packet Class of Service
100 Mb s
Business Data
N/A
5
1 Gb s Per Packet Class of Service
100 Mb s
Business Data
NIA
6
1 Gb s Per Packet Class of Service
100 Mb s
Business Data
NIA
7
1 Gb s Per Packet Class of Service
100 Mb s
Business Data
NIA
Table 3 — Features associated with Customer Port Connections identified above.
PortID #
Add'I MAC Addresses
Alternate Serving Switch
Diverse Access
Advanced Access Failover
Enhanced Muiticast
1
No
NIA
No
No
No
2
No
NIA
No
No
No
3
No
NIA
No
No
No
4
No
NIA
No
No
No
5
No
NIA
No
No
No
6
No
NIA
No
No
No
7
No
N/A
No
No
No
End of document
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WK# - TCAL and ILEC - Intrastate -TBD For AT&T Administrative Use Only
Pricing Schedule No.
Original Effective Date:
Attachment B — Customer Work Order
Customer Work Order
to AT&T SWITCHED ETHERNET SERVICEsu (ILEC Intrastate)
Pricing Schedule Provided Pursuant to Custom Terms
AT&T MA Reference No.: UA
AT&T Contract ID No. ASE49VKDF
Customer "Customer"
AT&T "AT&T"
The applicable AT&T ILEC Service -Providing Affiliate
This is a Customer Work Order to add or change sites or services under the above referenced Pricing Schedule, last signed on
pursuant to section 7. The Minimum Payment Period in the Pricing Schedule shall continue in full force and in
effect.
Applicable AT&T Service Provider: AT&T Florida
Table 1- Complete a line for each Customer Port Connection
Port ID #
Street Address
city
State
New or Existing Service
1
Florida
New
2
Florida
New
Table 2 — Associated Service Components to Customer Pon`. Connections identified above
Port ID #
I Customer Port Connection Speed
CIR Speed l Tier
Class of Service l Package
Regenerator
1
[Select]
[Select]
[Select]
[Select]
Select for Broadband Port
2
[Select]
[Select]
[Select]
[Select)
Select for Broadband Port
Table 3 —Associated Features to Customer Port Connections identified above.
Port ID #
Add'I MAC Addresses
Alternate Serving Switch
Diverse Access
Advanced Access Failover
Enhanced Multicast
1
Select
Select
Select
Select
Select
2
Select
Select
Select
Select
Select
Table 4 — Meet Point (if applicable)
Connection Type Connection Speed
Distance
Quantity
Location LATA
Select Select
Select
Select Select
Select
Authorized Customer Contacts
Contact Type
Name
Position
Telephone
Email
Ordering
Technical
Site
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8.D.2.b
at&t E-rate Rider
Category 1 Services, Facilities and/or Equipment
ATTACHMENT TO AT&T Switched Ethernet Service IntraState Pricing Schedule (Agreement") FOR
SERVICES AND/OR PRODUCTS SUBJECT TO UNIVERSAL SERVICES ("E-RATE") FUNDING
This Attachment ("Attachment"), entered into by AT&T Corp. [Insert name of AT&T affiliate] ("AT&T") and St Lucie County Library
System "Customer") and effective as of the date last signed below ("Effective Date'), is an attachment to the Agreement. This
Attachment shall have the same term as the Agreement. If there are any inconsistencies between the Agreement and this
Attachment with respect to the Service for which E-rate funding is sought, the terms and conditions of this Attachment shall control.
This Attachment provides additional terms and conditions that apply when Customer obtains an end -to -end solution involving the
use of terminating equipment ("Equipment") as part of its service from AT&T pursuant to FCC order # 99-216 ("Tennessee
Decision'). If called for in the applicable Statement of Work, this Attachment also provides additional terms and conditions for the
installation of conduit pathway support structure ("CPSS") installed by AT&T in order to bring Service to Customer's demarcation
point.
TERMS AND CONDITIONS APPLICABLE TO E-RATE FUNDED PRODUCTS AND SERVICES
Customer has represented that it intends to seek funding through the Federal Universal Service Fund program known as
"E-Rate" for some or all of the Services or Service Components purchased under the Agreement. E-Rate is administered
by the Schools and Libraries Division (SLD'j of the Universal Service Fund Administrative Company ("USAC")
(sometimes collectively or individually referred to herein as "USACISLD"). The Federal Communications Commission
("FCC') has promulgated regulations that govern the participation in the E-Rate program. Both Parties agree to adhere to
FCC regulations as well as the rules established by SLD and USAC regarding participation in the E-Rate program. The
Parties further agree:
1. Reimbursement of USACISLD. If USACISLD seeks reimbursement from AT&T of E-Rate funds as a result of
Customer's failure to comply with the E-Rake rules or regulations, including Customer delays in submitting required forms
or contracts; or if USAC/SLD determines that Services which it had previously approved for discounts are not eligible and
funds must be returned (a "ComAd") (other than as the result of AT&T's failure to comply with the E-Rate requirements),
then Customer shall reimburse AT&T for any such funds AT&T must return to USAC/SLD within ninety (90) days of
notice from USACISLD seeking reimbursement. In addition, Customer agrees and acknowledges that a determination of
ineligibility, reduction or other non -funding by USACISLD does not affect the obligations set forth in the Agreement,
including those obligations related to payments and early termination fees.
2. Eligibility of Products and Services. The eligibility or ineligibility of products or services for E-Rate funding is solely the
responsibility of the USACISLD and/or the FCC. AT&T makes no representations or warranties regarding such eligibility.
3. Service Substitutions. Customer acknowledges that USACISLD funding commitments are based upon the products,
services and locations set forth in the Form 471 and that any modification to the products and services and/or the
locations at which the products or services are to be installed and/or provided, requires Customer to file a service
substitution with USACISLD, seeking permission to receive alternative service or receive the service to an alternative
location. If Customer intends to make any such service substitutions, then Customer agrees to pursue USACISLD
approval for them, and file any and all requisite documentation, diligently. AT&T will provide Services and Service
Components only as approved by the USACISLD and may suspend activities pending approval of service substitution
requests.
4. Requested Information. If requested, Customer will promptly provide AT&T with final copies of the following E-Rate-
related materials (including all attachments) prepared by or for Customer: (i) Form 471 and Item 21 Attachment; if
appropriate, (ii) Form 486; (iii) Form 500; (iv) Service Substitution Request; (v) Service Certification Form; and, (vi) Form
472-BEAR. If the Customer issues purchase orders, Customer shall clearly delineate between eligible and non -eligible
Services on those orders.
5. Representations, Warranties and Indemnities. Each Party represents and warrants that it has and will comply with all
laws and the requirements applicable to the E-Rate Program. In addition to any indemnification obligations set forth in
the Agreement and to the extent permitted by law, each Party agrees to indemnify and hold harmless the other Party (its
CONFIDENTIAL INFORMATION 1 of 5
This agreement is for use by the authorized employees of the parties hereto only
and is not for general distribution within or outside the companies.
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8.D.2.b
at&t E-rate Rider
Category 1 Services, Facilities and/or Equipment
employees, officers, directors and agents, and its parents and affiliates under common control) from and against all third
party claims (including FCC or USACISLD claims) and related loss, liability, damage and expense (including reasonable
attorneys fees) arising out of the indemnifying Party's violation of the E-Rate Requirements or breach of the
representations, warranties, and terms contained in this Attachment.
6. Non -Appropriations. By executing the Agreement, Customer warrants that Customer has funds appropriated and
available to pay all amounts due hereunder through the end of Customer's current fiscal period. Customer further agrees
to request all appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the
end of the Agreement Term. In the event Customer is unable to obtain the necessary appropriations for the Services
provided under this Attachment, Customer may terminate the Services without liability for the termination charges upon
the following conditions: (i) Customer has taken all actions necessary to obtain adequate appropriations or funding; (ii)
despite Customer's best efforts funds have not been appropriated and are otherwise unavailable to pay for the Services;
and (iii) Customer has negotiated in good faith with AT&T to develop revised terms, an alternative payment schedule or a
new agreement to accommodate Customer's budget. Customer must provide AT&T thirty (30) days' written notice of its
intent to terminate the Services. Termination of the Services for failure to obtain necessary appropriations or funding
shall be effective as of the last day for which funds were appropriated or otherwise made available. If Customer
terminates the Services under this Attachment, Customer agrees as follows: (i) it will pay all amounts due for Services
incurred through date of termination, and reimburse all unrecovered non -recurring charges; and (ii) it will not contract
with any other provider for the same or substantially similar services or equipment for a period equal to the original
Agreement Term.
7. Customer Must Choose A or B
A.) ® [OPTION "A" IS AVAILABLE FOR NEW OR EXISTING SERVICES]
CUSTOMER DIRECTS AT&T TO COMMENCE OR CONTINUE SERVICES EVEN IF FUNDING COMMITMENT
DECISION LETTER ("FCDL") HAS NOT BEEN RECEIVED FROM USACISLD. CUSTOMER ACKNOWLEDGES ITS
OBLIGATION TO PAY FOR THE SERVICE IF FUNDING IS DENIED OR USACISLD COMMITMENT IS NOT
RECEIVED.
(i). Scope: Customer desires that Services commence on or about July 1 unless a different date is inserted
here . Customer intends to seek funding from the USACISLD, but acknowledges that it may not receive an
FCDL prior to this date and that it is possible that USACISLD may delay, or not approve funding.
(ii). Funding Denial Agreement Termination: CUSTOMER ACKNOWLEDGES THAT THERE IS NO RIGHT TO
TERMINATE THE SERVICES OR SERVICE COMPONENTS MADE THE BASIS OF THIS ATTACHMENT IF E-RATE
FUNDING IS DELAYED OR DENIED.
Customer should refer to the E-Rate Rules and Regulations regarding USACISLD payments for eligible services
delivered after the beginning of the E-Rate year (July 1st) but before receipt of an FCDL.
B.) ❑ [OPTION "B" IS APPROPRIATE FOR NEW SERVICES]
SERVICES WILL NOT COMMENCE AND/OR EQUIPMENT WILL NOT SHIP UNTIL AT&T RECEIVES NOTIFICATION
THAT E-RATE FUNDS HAVE BEEN COMMITTED; IF E-RATE FUNDING FOR SERVICES AND/OR EQUIPMENT IS
DENIED, AGREEMENT WILL TERMINATE AS TO THOSE SERVICES AND/OR EQUIPMENT UNLESS AND UNTIL A
NEW ATTACHMENT (REPLACING THIS ATTACHMENT) IS EXECUTED.
(i). Scope: Customer agrees to use best efforts to obtain funding from the USAC/SLD. AT&T will not begin work related
to the Services and/or equipment (including, without limitation, construction, installation or activation activities) until after
AT&T receives Customer notification to proceed with the order, and verification of funding approval, and, for Internal
Connections (IC), a verification of Form 486 approval by the USAC/SLD. AT&T will commence Service(s) as soon as is
practical following the receipt of the appropriate documentation.
CONFIDENTIAL INFORMATION 2 of "
This agreement is for use by the authorized employees of the parties hereto only
and is not for general distribution within or outside the companies.
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at&t E-rate Rider
Category 1 Services, Facilities and/or Equipment
(ii). Funding Denial Agreement Termination: if a funding request is denied by the USACISLD, the Agreement, with
respect to such Service(s) and/or equipment, shall terminate sixty (60) days from the date of the FCDL in which E-Rate
funding is denied or on the 300, day following the final appeal of such denial, and Customer will not incur termination
liability. In the event Services and/or equipment are to be provided pursuant to a multi -year arrangement (whether by
contract or tariff), this termination right applies only to the first year of the multi -year agreement.
(iii). IF CUSTOMER WISHES TO CHANGE ITS SELECTION AND WISHES AT&T TO COMMENCE SERVICES
REGARDLESS OF FUNDING COMMITMENT FROM THE USAC/SLD, CUSTOMER WILL EXECUTE A NEW
(REPLACEMENT) ATTACHMENT, AND AGREE TO THE TERMS SET FORTH IN "A" ABOVE. Upon execution of the
Replacement Attachment, the Parties will mutually agree upon a Service Commencement Date.
This provision does not apply to Services that were initially approved for fund ing and subsequently deemed ineligib le by
USAC/SLD after commencement of Service
8. AT&T Owned Equipment - General Terms and Conditions
To the extent provided in the applicable Statement of Work, Customer desires Services to be rendered to its location(s) by placing
Equipment (e.g. routers, switches) on the Customer's premises (the "Premises'). Customer does not wish to provide this
Equipment itself, but instead requests the placement of the Equipment as part of the construction associated with the delivery of
the underlying Service.
A. Accordingly, Customer hereby:
• Grants AT&T a license to install, operate, and maintain such Equipment and such additional, supplemental or replacement
equipment as AT&T may from time to time deem necessary or desirable for the provision of services contemplated by
the Service Agreement) within the Premises at such locations as mutually agreed by the parties at the time of installation,
for so long as AT&T is providing the Services.
• Confirms such license shall include a right of access to, from and within the Premises for purposes of installing, operating,
maintaining, repairing and replacing such Equipment. All Equipment brought onto the Premises by AT&T will be
deemed the personal property of AT&T (regardless of whether such Equipment is attached or affixed to the Premises)
and Customer shall have no right to or interest in such Equipment.
• Agrees to provide adequate space and electric power for the Equipment and keep the Equipment physically secure and
free from liens and encumbrances. Customer will bear the risk of loss or damage to the Equipment (other than ordinary
wear and tear), except to the extent caused by AT&T or its agents. The Equipment will be provided at the prices set forth
in the attached Statement of Work.
• Agrees to notify AT&T of any and all issues arising out of or related to such Equipment, including the need for
maintenance or repair, and assumes responsibility for notifying any other contractors or persons with a need to know, of
the presence of the equipment and their location.
• Agrees to indemnity and hold AT&T harmless from any and all liability that may arise out of the presence and placement of
such equipment , except for AT&T's gross negligence.
• Grants AT&T the right, but not the obligation, to remove all or any part of such equipment from the Premises at any time
after the termination of the Service.
B. Terms of Equipment Usage - E-Rate Category 1 Funding
Pursuant to the Tennessee Decision referenced above, the Parties agree:
• The same service provider will supply the Equipment and associated eligible Category 1 telecommunications services or
Internet access services.
• The Equipment is owned by AT&T. Ownership of the Equipment will not transfer to the Customer in the future, and neither
the Master Agreement nor this Attachment includes an option to purchase the Equipment.
• AT&T will provide and maintain the Equipment on the Premise as part of these services.
• The Equipment is capable of servicing other customers of the service provider. Customer has no right to exclusive use of
the Equipment, and AT&T may use the Equipment to provide service to another customer.
CONFIDENTIAL INFORMATION 3 of 5
This agreement is for use by the authorized employees of the parties hereto only
and is not for general distribution within or outside the companies.
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aw E-rate Rider
Category 1 Services, Facilities and/or Equipment
• The Equipment shall not be used by Customer for any purpose other than receipt of the eligible telecommunications or
Internet access service of which A is a part.
• The Local Area Network for data communications of the school or library is functional without dependence on the
Category) Equipment. Customer will provide equipment within their LAN to connect to the Category 1 Equipment.
Additionally, overall SLD program rules and eligibility requirements apply, and these requirements may change from time to time.
C. Customer Site Obligations
Please note that there are some important Customer obligation areas to facilitate timely Equipment installation and service
delivery. Accordingly, Customer agrees to provide the following:
D. PATH - The Customer is responsible for providing or causing the property owner to provide a path from the property line into the
building. A clear underground or aerial path is required from the property line where AT&T ILEC facilities exist, to the equipment
room designated to support the entrance fiber.
E. SPACE - Customer is responsible for providing appropriate floor space and a properly installed equipment rack of suitable
strength and quality to properly support the intended Equipment and the location of the Demarcation Point in compliance with FCC
and AT&T service requirements.
The appropriate space and location will be mutually agreed following an AT&T site visit by an authorized AT&T Engineer. Any
Demarcation Point location which is further than the closest practicable point to the Minimum Point of Entry (MPOE) in the building
will require custom work which is not eligible for E-Rate Category 1 (Cl) funding, and must be paid for by the Customer.
F. ENVIRONMENTAL - Operating environment should be between +40' F and 100* F at 0% to 85% relative humidity (RH-Non-
Condensing).
G. POWER - GROUND - Customer will need to provide permanent, dedicated, 3-prong grounded power for the Equipment being
installed. Power requirements can consist of nominal 48VDC, +241-24 VDC, 110V,125V, 220V„ etc. located within 3 feet of the
AT&T Equipment. AT&T may require more than one power outlet for some Equipment types, and there are specific amperage
requirements for different Equipment types.
Relay racks/cabinets must be properly grounded by placing an exposed #6 or larger grounding wire to the building's ground
source. This ground wire will be attached to the closest ground rod (earth ground) or building bus bar available and run to the
Network Terminating Equipment location in the room.
Site specifc customer obligations will also be provided by AT&T personnel via e-mail upon finalization of this Attachment.
9. Customer Owned Facilities - General Terms and Conditions.
To the extent provided in the applicable Statement of Work, Customer desires Services to be rendered to its location(s) by placing
conduit and/or other conduit pathway support structures ("CPSS" or "Facilities") on the Customer's premises (the °Premises").
Customer does not wish to provide these Facilities itself, but instead requests the placement of the Facilities as part of the
construction and installation work associated with the delivery of the underlying Service.
Accordingly, Customer hereby:
• Grants AT&T a license to install and operate -- in accordance with the designs agreed to within the Statement of Work,
Scope of Work, or other documents, approved by the parties in connection with this project -- such Facilities and such
additional or replacement Facilities as AT&T may from time to time deem necessary or desirable for the provision of the
Services contemplated by the Service Agreement, at such locations as mutually agreed by the parties at the time of
installation, for so long as AT&T is providing the Services.
• Confirms such license shall include a right of access to, from and within the Premises for purposes of installing, repairing
and replacing such Facilites. All Facilities brought onto the Premises by AT&T will be deemed the property of Customer.
• Confirms that Customer shall be responsible for the cost of any installation, maintenance, repair or replacement of the
Facilities.
CONFIDENTIAL INFORMATION 4 of 5
This agreement is for use by the authorized employees of the parties hereto only
and is not for general distribution within or outside the companies.
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aw E-rate Rider
Category 1 Services, Facilities and/or Equipment
• Assumes responsibility for notifying any other contractors or persons with a need to know, of the presence of the Facilities
and the location of such Facilities;
• In addition to any early termination charges identified in the Agreement or Pricing Schedule, Customer is also liable for
100% of the cost of $9200 for each site at which AT&T installs Customer Premise Support Structure facilities (CPSS). All
early termination charges, plus recovery of entrance facility costs, shall not exceed the total amount Customer would have
been required to pay for the Service if it had not terminated early.
10. Choice of Funding Method
Customer acknowledges its obligation to designate the method by which it will receive E-Rate discounts. With respect to each
discount method, Customer agrees as follows:
Billed Entity Aoolication Reimbursement ("BEAR") — Form 472:
Customer agrees to submit to AT&T complete and accurate BEAR — Form 472 requests for certification at least five (5) business
days prior to the FCC Invoice Deadline date for the Funding Request Number(s) ("FRN') being submitted on that Form 472. AT&T
cannot ensure that the Form 472 will be reviewed prior to the deadline if not received at least five (5) business days prior. Upon
receipt of USACISLD check in the amount of the certified Form 472, AT&T will remit payment to Customer within twenty (20)
business days after receipt of payment from USACISLD. It is solely Customer's responsibility to ensure the accuracy of this
submission and the amounts sought to be recovered through the E-Rate program.
Service Provider Invoice Form - ("SPI1— Form 474:
After AT&T has received notification of approved funding, an approved Form 486, and Customer has confirmed the appropriate
Billed Accounts to be discounted per Funding Request Number, AT&T will then provide E-rate program discounts and will file a
Form 474 SPI. Customer agrees to promptly submit any AT&T or USACISLD Forms needed to support requests for payment of
Services rendered, In the event SLD denies payment, Customer will be responsible for repayment of all funds provided to
Customer by AT&T associated with this process.
FCC RULES REQUIRE THAT PRIOR TO SUBMISSION OF A FORM 471 APPLICATION FOR FUNDING THE PARTIES MUST
HAVE ENTERED INTO A BINDING CONTRACT FOR THE SERVICES MADE THE SUBJECT OF THE APPLICATION. IT IS
THE CUSTOMER'S RESPONSIBILITY TO ENSURE THAT STATE LAW REQUIREMENTS FOR A BINDING CONTRACT HAVE
BEEN MET PRIOR TO THE SUBMISSION OF A FORM 471.
❑ THIS ATTACHMENT REPLACES THE ATTACHMENT BETWEEN THE PARTIES DATED <Date of Original
Attachment>.
SO AGREED by the Parties' respective authorized signatories:
Insert E-Rate Billed Entity Number (BEN):
Enter Customer Name
(by its authorized representative)
AT&T
b its authorized representative)/A
B:
}
B: vv �
Name:
Name: Cheryl Wankowski
Title:
Title: Associate Director - Customer Contracts
Date:
3-30-16
Date:
CONFIDENTIAL INFORMATION 5
This agreement is for use by the authorized employees of the parties hereto only
and is not for general distribution within or outside the companies.
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8.D.3
ITEM NO. RES-2016-62
TO:
PRESENTED BY:
SUBMITTED BY:
411 1ulp
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Diana Wesloski, Housing Manager
Housing Services Division
DATE: 04/19/2016
*CONSENT
AGENDA\COMMUNITY
SERVICES
State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan
(LHAP)
Every three years, jurisdictions receiving SHIP funding are required to adopt an LHAP to be submitted to
Florida Housing Finance Corporation (FHFC).
Substantial changes to the LHAP are as follows:
Fiscal years covered;
The addition of strategies to address emergency repair, disaster mitigation, and the development
of rental housing;
Increase in the maximum award amounts to be in line with the increase in housing construction
costs and purchase prices.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board approval of the Resolution adopting the SHIP LHAP for FY 2016/2017, 2017/2018
and 2018/2019 as approved by FHFC and authorization for the Chairman to sign documents as approved by
the County Attorney.
COMMISSION ACTION:
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Coordination/Signatures
;vo;e,,. Community Services DAM r 4/5/2015
A
anie S. McIntyre, Coorney 4/5/2016
Updated: 4/6/2016 2:44 PM by Katrina Slay Page 2
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8.D.3.a
RESOLUTION NO. 2016-
A RESOLUTION APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BYTHE
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-
420.9079, FLORIDA STATUTES, AND CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE;
AUTHORIZING AND DIRECTING THE CHAIRMAN TO EXECUTE ANY NECESSARY
DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE
SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY
THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-
317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local
governments for the development and maintenance of affordable housing; and,
WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, Sections 420.907-420.9079, Florida
Statutes, and Chapter 67-37, Florida Administrative Code, requires local governments to develop a one -to
three-year Local Housing Assistance Plan outlining how funds will be used; and,
WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable
for each strategy; and,
WHEREAS, the SHIP Act further requires local governments to establish an average area purchase
price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and
purchase prices used are defined in the attached Local Housing Assistance Plan; and,
WHEREAS, as required by Section 420.9075, Florida Statute. It is found that five percent (5%) of the
local housing distribution plus five percent (5%) of program income is insufficient to adequately pay the
necessary costs of administering the local housing assistance plan. The cost of administering the program
may not exceed ten percent (10%) of the local housing distribution plus five percent (5%) of program income
deposited into the trust fund, except that small counties, as defined in Section. 120.52(17), and eligible
municipalities receiving a local housing distribution of up to $350,000 may use up to ten percent (10%) of
program income for administrative costs; and,
WHEREAS, the Community Services Department -Housing Division has prepared a three-year Local
Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and.],
WHEREAS, the Board finds that it is in the best interest of the public for St. Lucie County to submit
the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax
funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, as follows:
Packet Pg. 138
8.D.3.a
ATTEST:
1 The Board hereby approves the Local Housing Assistance Plan, as attached and
incorporated hereto for submission to the Florida Housing Finance Corporation as required
by ss. 420.907-420-9079, Florida Statutes, for Fiscal Years 2016/17, 2017/18, and 2018/19.
2. The Chairman, or Vice Chairman is hereby designated and authorized to execute any
documents and certifications required by the Florida Housing Finance Corporation as
related to the Local Housing Assistance Plan, and to do all things necessary and proper to
carry out the term and conditions of said program.
3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this day of 2016.
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
2
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8.D.3.b
Exhibit D
67-37.005(1), F.A.C.
Effective Date: 10/14
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Local Government: St. Lucie County
(1) The local government will advertise the availability of SHIP funds pursuant to Florida
Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status,
handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for applications for
awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the local
government will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24
months following the end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the
Local Government Comprehensive Plan will be initiated at the next available opportunity to
insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities such as interest earned on loans.
(11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by
law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the
local governments audited financial statements, copies of the audits will be forwarded to the
Corporation as soon as available.
13) An interlocal entity shall have its local housing assistance trust fund separately audited for each
Packet Pg. 140
8.D.3.b
Exhibit D
67-37.005(1), F.A.C.
Effective Date: 10/14
state fiscal year, and the audit forwarded to the Corporation as soon as possible.
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit
(LIHTC) Program shall comply with the income, affordability and other LIHTC requirements,
similarly, any units receiving assistance from other federal programs shall comply with all
Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans
or loans that extend beyond 30 years which continue to service eligible persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually
for 15 years for compliance with tenant income requirements and affordability requirements or
as required in Section 420.9075 (3)(e)
(18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC,
and how each of those requirements shall be met.
(19) The provisions of Chapter 83-220, Laws of Florida has or X has not been
implemented.
Witness
Witness
Date
Attest:
(Seal)
2
Chief Elected Official or designee
Type Name and Title
Packet Pg. 141
I 8.D.3.c I
Approved by FHFC:
Adopted by BOCC:
FEWPEM
-
7LF0UNT
TY
7 A,
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L D A
ST. LUCIE COUNTY
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
LOCAL HOUSING ASSISTANCE PLAN (LHAP)
2016-2017, 2017-2018 and 2018-2019
-1-
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Table of Contents
Description
Page #
Section I, Program Details
3
Section II, Housing Strategies
8
A. Owner Occupied Rehabilitation
8
B. Purchase Assistance
9
C. Emergency Repairs
11
D. Disaster Mitigation
12
E. Rental Development -New Construction
13
F. Demolition/New Construction
14
G. Security and/or Utility Deposits
15
Section III, Incentive Strategies
16
A. Expedited Permitting
16
B. Ongoing Review Process
16
Exhibits
A. Administrative Budget for each fiscal year covered in the Plan.
B. Timeline for Estimated Encumbrance and Expenditure.
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan.
D. Signed LHAP Certification.
E. Executed Resolution
F. Resolution 10-060 Expedited Permitting
Approved by FHFC:
Adopted by BOCC:
Q
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Program Details:
A. Name of the participating local government: St. Lucie County
Is there an Interlocal Agreement: Yes No X
B. Purpose of the program:
St. Lucie County developed a Local Housing Assistance Plan for the purposes of developing and
implementing policies and programs that meet the housing needs of the very low, low, and moderate
income households. The plan facilitates the production and preservation of affordable housing and
compliments the housing element of St. Lucie County's comprehensive plan specific to affordable
housing.
C. Fiscal years covered by the Plan:
✓ 2016-2017
✓ 2017-2018
✓ 2018-2019
D. Governance:
The State Housing Initiative Partnership (SHIP) Program is established in accordance with section
420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code. St. Lucie County's SHIP
Program compliments the housing initiatives identified in the comprehensive plan.
E. Local Housing Partnership:
The SHIP Program encourages building active partnerships between government, lenders, builders and
developers, real estate professionals, advocates for low-income persons and community groups.
F. Leveraging:
The Plan is intended to increase the availability of affordable residential units by combining local
resources and cost saving measures into a local housing partnership and using public and private funds
to reduce the SHIP funds may be leveraged with or used to supplement other Florida Housing Finance
Corporation programs and to provide local match to obtain federal housing grants or programs.
G. Public Input:
Public input was solicited through face to face meetings with housing providers, social service providers
and local lenders and neighborhood associations, as well as through the local newspaper in the
advertising of the Local Housing Assistance Plan and the Notice of Funding Availability.
H. Advertising and Outreach:
SHIP funding availability shall be advertised in a newspaper of general circulation and periodicals serving
ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If
no funding is available due to a waiting list, no notice of funding availability is required.
Approved by FHFC:
Adopted by BOCC:
-3-
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Waiting List/Priorities:
A waiting list will be established when there are eligible applicants for strategies that no longer have
funding available. Those households on the waiting list will be notified of their status. Applicants will be
maintained in an order that is consistent with the time applications were submitted as well as any
established funding priorities as described in this plan.
Priorities for funding described here apply to all strategies unless otherwise stated in the strategy: The
County will accept applications during the advertised "Application Period" which will be 30 days. From
the end of the application period, applicants will have 30 days to submit all required documentation in
order to be deemed eligible. Applications will be placed in order of receipt and separated based on
strategy applied for. When funds are available for a particular strategy, the applicants from the waiting
list will be contacted in order received to update the application for SHIP assistance. Applicants will be
placed in the queue for assistance once they have provided all required documentation and been
deemed SHIP eligible.
Once there is a list of eligible applicants, they will be ranked giving first priority to households qualifying
as Special Needs households. These applicants will further be ranked with priority given to very -low
income, then low, then moderate. After serving enough Special Needs households to meet set -asides,
all applicants deemed eligible will be considered equally with priority given to very -low, then low, then
moderate income groups.
Ranking Priority:
1. Special Needs Households
a. Very low
b. Low
C. Moderate
2. After Special Needs Set -asides
a. Very Low
b. Low
C. Moderate
J. Discrimination:
In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of
race, color, religion, sex, national origin, age, handicap, or marital status in the award application
process for eligible housing.
Approved by FHFC:
Adopted by BOCC:
isE
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K. Support Services and Counseling:
St. Lucie County has several partnerships with organizations such as the Council of Social Agencies
(COSA), Support Reliance of Emergency Resiliency (SAFER), Roundtable of St. Lucie County, and Career
Source Research Coast. All of these agencies provide support to residents in need. St. Lucie County is a
member of the Martin/St. Lucie Lending Consortium which provides homeownership counseling to the
County's purchase assistance applicants. In addition, the County's Human Services Division provides
additional support services such as assistance with education, prescriptions, housing, and case
management to assist clients with the goal of becoming self-sufficient.
L. Purchase Price Limits:
The sales price or value of new or existing eligible housing may not exceed 90% of the average area
purchase price in the statistical area in which the eligible housing is located. Such average area
purchase price may be that calculated for any 12-month period beginning not earlier than the fourth
calendar year prior to the year in which the award occurs. The sales price of new and existing units,
which can be lower but may not exceed 90% of the median area purchase price established by the U.S.
Treasury Department or as described above.
The methodology used is:
X U.S. Treasury Department
Local HFA Numbers
M. Income Limits, Rent Limits and Affordability:
The Income and Rent Limits used in the SHIP Program are updated annually by the Department of
Housing and Urban Development and posted at www.floridahousing.org.
Affordable means that monthly rents or mortgage payments including taxes and insurance do not
exceed 30 percent of that amount which represents the percentage of the median annual gross income
for the households as indicated in Sections 420.9071, F.S. However, it is not the intent to limit an
individual household's ability to devote more than 30% of its income for housing, and housing for which
a household devotes more than 30% of its income shall be deemed Affordable if the first institutional
mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30%
benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom
size.
N. Welfare Transition Program:
Should an eligible sponsor be used, the County will develop a qualification system and selection criteria
for applications for Awards to eligible sponsors shall be developed, which includes a description that
demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be
given preference in the selection process.
Approved by FHFC:
Adopted by BOCC:
WE
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O. Monitoring and First Right of Refusal:
In the case of rental housing, the staff and any entity that has administrative authority for implementing
the local housing assistance plan assisting rental developments shall annually monitor and determine
tenant eligibility or, to the extent another governmental entity provides periodic monitoring and
determination, a municipality, county or local housing financing authority may rely on such monitoring
and determination of tenant eligibility. However, any loan or grant in the original amount of $10,000 or
less shall not be subject to these annual monitoring and determination of tenant eligibility
requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of
assistance whichever is longer unless as specified above.
Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages
funded under this program must give a first right of refusal to eligible nonprofit organizations for
purchase at the current market value for continued occupancy by eligible persons.
P. Administrative Budget:
A line -item budget of proposed Administrative Expenditures is attached as Exhibit A. St. Lucie County
finds that the moneys deposited in the local housing assistance trust fund shall be used to administer
and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37,
Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent
limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the
local housing distribution plus 5 percent of program income is insufficient to adequately pay the
necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and
Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may
not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into
the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities
receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for
administrative costs." The applicable local jurisdiction has adopted the above findings in the resolution
attached as Exhibit E.
Q. Program Administration:
Administration of the LHAP will be performed by the St. Lucie County Department of Community
Services -Housing.
R. Project Delivery Costs:
Project delivery costs shall include storage box fees, temporary relocation fees, survey fees, appraisal
fees, title services fees, permitting fees, environmental testing fees, recording fees, counseling costs,
and inspection fees. For construction projects, project delivery costs will not exceed 2% of the
constructions costs. For purchase assistance, project delivery costs will not exceed 2% of the purchase
price of the home.
Approved by FHFC:
Adopted by BOCC:
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S. Essential Service Personnel Definition:
"Essential Services Personnel" refer to active duty/reserve military personnel; teacher and educators;
employees of school districts, community colleges, or universities; police and fire personnel including
police, fire, emergency medical service and 9-1-1 dispatchers; health care personnel and employees of
hospitals and assisted living facilities.
T. Describe efforts to incorporated green building and energy saving products and processes:
All housing rehabilitation and new construction will incorporate "green" standards including, but not
limited to:
• Any appliances replaced or installed shall be Energy Star;
• Any door and/or window replaced or installed shall be Energy Star;
• Any lighting fixture replaced or installed shall be Energy Star.
Weatherization shall be incorporated into all homes rehabilitated, including but not limited to
weatherization of the attic, floor insulation, if appropriate, and sealing of all exterior walls. New
construction is presumed to meet the minimum insulation and sealing requirements. Any replaced or
new HVAC unit shall have a SEER rating of at least 15.
U. Describe efforts to meet the 20% Special Needs set -aside:
For each annual allocation with a requirement to serve persons with special needs, the County will meet
the requirement through the following housing programs, further defined in the strategies section.
• Owner Occupied Rehabilitation
• Purchase Assistance
• Emergency Repair
• Disaster Mitigation
• Rental Development -New Construction
Persons with special needs, as defined in F.S. 420.0004 (13) means an adult requiring independent living
services in order to maintain housing or development independent living skills and who has a disabling
condition, a young adult formerly in foster care who is eligible for services under F.S. 409.1451(5); a
survivor of domestic violence as defined in F.S. 741.28; or a person receiving benefits under the Social
Security Disability Insurance (SSDI) program or the supplemental Security Income (SSI) program or
from veterans disability benefits.
The County will give first priority to serving persons with developmental disabilities, as defined in F.S.
with an emphasis on home modifications, including technological enhancements and devices, which
allow the homeowner to remain independent in their own homes and maintain homeownership.
V. Describe efforts to reduce homelessness:
Efforts to end homelessness will be addressed utilizing the Security and/or Utility Deposits strategy as
funding allows.
Approved by FHFC:
Adopted by BOCC:
isIM
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Section II. LHAP Strategies:
A. Owner Occupied Rehabilitation Code 3
a. Summary of Strategy: SHIP funds will be allocated for rehabilitation repairs to correct substandard
conditions, eliminate code violations, upgrade major systems, make modifications for accessibility, and
make general property site improvements to improve the health, safety, and welfare of the occupants.
Storm resistant construction or other elements that reduce long term costs related to the maintenance,
utilities, and insurance may also be incorporated. Funds may be used to assist with the payment of
relocation costs associated with rehabilitation of the occupants. Funds may also be used for the removal
and disposal of asbestos or lead based paint. Funds may not be utilized for mobile homes.
SHIP funding assistance per unit for all activities shall be determined at all times by the County and
shall be based on evidenced need and available SHIP funds in the requested activity.
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
C. Income Categories to be served: very low, low, and moderate
d. Maximum award: $50,000
e. Terms:
1. Funds will be awarded as a deferred loan secured by a recorded mortgage and note.
2. Interest Rate: 0%
3. Term: 10 years
4. Forgiveness: The loan is forgiven on a prorated basis so that 10% of the principal is forgiven
annually.
5. Default/Recapture: The loan will be determined to be in default if any of the following occurs
during the Loan term:
• sale, transfer, or conveyance of property;
• Conversion to a rental property;
• Loss of homestead exemption status; or failure to occupy the home as primary
residence;
• Failure to maintain homeowners insurance for the period of the deferred payment loan;
• Should the homeowner refinance the first mortgage for more favorable terms as
evidenced by documentation provided by the lender, St. Lucie County may consider
subordination of its loan. The refinance cannot result in cash out to the homeowner or
SHIP funds are required to be repaid.
If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying
homeowner(s) die(s) during the loan term, the loan will be forgiven.
Approved by FHFC:
Adopted by BOCC:
19:11
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Project delivery costs will be a grant to the applicant and not included in the mortgage and note.
f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first -
complete basis with the priorities for Special Needs and income groups as described in section I. (1) of
this plan. Other eligibility criteria includes:
• Applicants must be able to demonstrate the ability to pay property taxes, insurance, utilities,
and mortgage payments, if applicable.
• Applicants must not have been previously assisted with any federal or state funding
administered by St. Lucie County in the past five (5) years.
• No assistance will be granted to any property owner who is in arrears with property taxes,
mortgage payments, or County utility payments at the time of application.
• Applicants must own and occupy the assisted home as their primary residence and have
homestead exemption at the time the application for assistance is submitted.
• The property must have clear title and be free of any adverse liens and/or judgments.
g. Sponsor/Developer Selection Criteria: N/A
h. Additional Information: All work will be performed by contractors on the County's approved
contractors list. Prior to rehabilitation work commencing, applicants will be required to attend Non -
Delinquency Post Purchase Counseling, which will be funded by SHIP funds. The counseling provider
must be approved by the U.S. Department of Housing and Urban Development. Applicants receiving
assistance for handicap accessibility modifications only will be exempt from the counseling requirement.
B. Purchase Assistance Code 1 and 2
a. Summary of Strategy: SHIP funds will be awarded for down payment and closing costs (DPA/CC) to
households to purchase a newly constructed or existing home. A newly constructed home must have
received a certificate of occupancy within the last twelve months. A minimum annual gross household
income of $25,000 is required. Prospective homebuyers must qualify as a First Time Homebuyer under
the HUD definition:
• An individual who has had no ownership in a principal residence during the 3-year period ending
on the date of purchase of the property. This includes a spouse (if either meets the above test,
they are considered first-time homebuyers).
• A single parent who has only owned with a former spouse while married. An individual who is a
displaced homemaker and has only owned with a spouse.
Approved by FHFC:
Adopted by BOCC:
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b
C.
d.
e.
• An individual who has only owned a principal residence not permanently affixed to a permanent
foundation in accordance with applicable regulations.
• An individual who has only owned a property that was not in compliance with state, local or
model building codes and which cannot be brought into compliance for less than the cost of
constructing a permanent structure.
Homes being purchased that need repairs as deemed required by FHA guidelines and St. Lucie County
Housing Division may be purchased providing the 1st mortgage lender and loan product guidelines are
in agreement.
Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
Income Categories to be served: very low, low, and moderate
Maximum award: Very Low:
Low:
Moderate
DPA/CC: $50,000
DPA/CC: $50,000
DPA/CC: $50,000
Repairs: $15,000
Repairs: $15,000
Repairs: $15,000
In no case shall the maximum award per unit exceed a combined amount of $65,000.
Terms:
1 Funds will be awarded as a deferred subordinate loan secured by a recorded mortgage and note
and will include any down payment, closing costs, and repairs costs.
2 Interest Rate: 0%
3. Term: 10 years
4. Forgiveness: Funds will be forgiven on a prorated basis so that 10% of the principal is forgiven
annually.
5. Default/Recapture: The loan will be determined to be in default if any of the following occurs
during the loan term:
• sale, transfer, or conveyance of property;
• Conversion to a rental property;
• Loss of homestead exemption status; or failure to occupy the home as primary
residence;
• Failure to maintain homeowners insurance for the period of the deferred payment loan;
• Should the homeowner refinance the first mortgage for more favorable terms as
evidenced by documentation provided by the lender, St. Lucie County may consider
subordination of its loan. The refinance cannot result in cash out to the homeowner or
SHIP funds are required to be repaid.
If any of these occur, the outstanding balance will be due and payable. In cases where the
qualifying homeowner(s) die(s) during the loan term, the loan will be forgiven.
Approved by FHFC:
Adopted by BOCC:
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Project delivery costs will be a grant to the applicant and not included in the mortgage and note.
f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first -
complete basis with the priorities for Special Needs and income groups as described in section I. (1) of
this plan. Applicants must contribute at least $500 to the purchase and attend at least 6 hours of pre-
purchase homebuyer education provided by a housing counseling agency approved by the U.S.
Department of Housing and Urban Development.
g. Sponsor/Developer Selection Criteria: N/A
h. Additional Information: Applicants must secure a first mortgage by an approved lender. Front end ratios
should not exceed 30%, however, it is not the intent to limit an individual household's ability to devote
more than 30% of its income for housing, and housing for which a household devotes more than 30%
of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the
household can afford mortgage payments in excess of the 30% benchmark.
C. Emergency Repair Code 6
a. Summary of Strategy: Funds will be awarded to applicants in need of rehabilitation of their home
related to a dire situation that needs to be mitigated immediately. This includes, but is not limited to:
damaged roofing that is actively leaking, damaged windows causing exposure to the elements, sewage
backup, or electrical or plumbing problems that could cause damage to the home or is an immediate
health hazard to the occupants. A/C replacement is eligible with documentation from a physician stating
it is medically necessary. Funds may also be awarded to pay insurance deductibles, directly to the
insurance company for any emergency repairs covered by the homeowner's policy. Proof of insurance
claim must be submitted, if applicable. Funds may be used to assist with the payment of relocation costs
associated with rehabilitation of the residence. Funds may not be utilized for mobile homes.
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
C. Income Categories to be served: very low, low, moderate
d. Maximum award: $15,000
e. Terms:
1. Loan: Funds will be awarded as a forgivable loan secured by a recorded
subordinate mortgage and note.
2. Interest Rate: 0%
3. Term: 5 years
4. Forgiveness: The loan will be forgiven at a rate of 20% per year.
5. Default/Recapture: The loan will be determined to be in default if any of the
following occurs during the Loan term:
Approved by FHFC:
Adopted by BOCC:
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• sale, transfer, or conveyance of property;
• Conversion to a rental property;
• Loss of homestead exemption status; or failure to occupy the home as primary
residence;
• Failure to maintain homeowners insurance for the period of the deferred payment loan;
• Should the homeowner refinance the first mortgage for more favorable terms as
evidenced by documentation provided by the lender, St. Lucie County may consider
subordination of its loan. The refinance cannot result in cash out to the homeowner or
SHIP funds are required to be repaid.
If any of these occur, the outstanding balance will be due and payable. In cases where the
qualifying homeowner(s) die(s) during the loan term, the loan will be forgiven.
Project delivery costs will be a grant to the applicant and not included in the mortgage and note.
f. Recipient Selection Criteria: Applicants will be selected on a first -qualified, first complete basis. In
addition, the applicant must have the need for an immediate repair.
g. Sponsor/Developer Selection Criteria: N/A
h. Additional Information: An applicant requesting an emergency repair will be required to allow the
Housing Rehabilitation Specialist to access the home for an inspection to determine the need for
the repair.
D. Disaster Mitigation Code 5
a. Summary of Strategy: Funds will be allocated to assist households following a disaster as declared by
Executive Order by the President of the United States or Governor of the State of Florida. This
strategy will only be implemented in the event of a disaster using any funds that have not yet been
encumbered or additional disaster funds issued by Florida Housing Finance Corporation. Funds may be
used for items such as, but not limited to:
• The purchase of emergency supplies for eligible households to weatherproof damaged
homes;
• Interim repairs to avoid further damage;
• Tree and debris removal required to make the individual housing unit habitable;
• Construction of wells or repairs to existing wells where public water is not available;
• Payment of insurance deductibles for rehabilitation of homes covered under
homeowners insurance policies;
• First and last month rent, as well as security deposits for eligible recipients who have
been displaced from their homes due to disaster;
Approved by FHFC:
Adopted by BOCC:
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b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
C. Income Categories to be served: very low, low, moderate
d. Maximum award: $10,000
e. Terms:
1. Funds will be awarded as a grant with no recapture terms.
2. Interest Rate: NA
3. Term: N/A
4. Forgiveness/Repayment: N/A
5. Default/Recapture: N/A
f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first -complete basis.
g. Sponsor/Developer Selection Criteria: N/A
h. Additional Information: This strategy will be advertised at the beginning of the yearly hurricane season.
For housing repairs, it must be documented that the applicant did not receive funds from FEMA, SBA, or
homeowners insurance. A self -declaration will suffice.
E. Rental Development -New Construction Code 21
a. Summary of Strategy: Funds will be awarded to developers of affordable rental units that are awarded
construction financing through other state or federal housing programs to construct or rehabilitate
affordable rental units. This funding is intended to be used as gap financing required for the project. In
cases where a smaller development (less than 50 units) is being proposed that includes Special Needs
units, the county may choose to provide a larger amount of the overall construction financing.
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
C. Income Categories to be served: very low, low and moderate
d. Maximum award: Up to $75,000 for developments of 50 units or less
Up to $120,000 for developments of more than 50 units
e. Terms:
1. Loan/grant: For for -profit developers, funds will be awarded as a loan secured by a recorded
subordinate mortgage and note.
For non-profit developers, funds will be awarded as a forgivable loan secured by a recorded
subordinate mortgage and note.
Approved by FHFC:
Adopted by BOCC:
-13-
Packet Pg. 154 1
I 8.D.3.c I
2. Interest Rate: Non-profit developers 0% interest. For -profit developers will be charged an
interest rate not to exceed the prime rate on the day the agreement between the developer and
the County is approved by the Board of County Commissioners (BOCC).
3. Term: 15 years
4. Forgiveness/Repayment:
a. For For -profits, the loan is due and payable at the end of the term unless the county
negotiates an extended loan term to secure affordable rental units in the best interest
of the county's residents.
b. For Non -profits, the loan is forgiven on a prorated basis beginning in year six so that
10% of the loan is forgiven annually from years six through fifteen.
5. Default/Recapture: For all awards, a default will be determined as: sale, transfer, or conveyance
of property; conversion to another use; failure to maintain standards for compliance as required
by any of the funding sources. If any of these occur, the outstanding balance will be due and
payable.
f. Recipient Selection Criteria: All applicants for residence in a SHIP -assisted unit must meet income
qualifications of the program as determined by the St. Lucie County Housing Division.
g. Developer Selection Criteria: Developers will apply to the county through an RFQ process that is
open year round. The RFQ will require proof of developer experience in providing affordable rental
housing, proof of financial capacity, evidence of site control (or contract for sale), proof of ability to
proceed once all funding is closed, proof of non-profit status, and a housing unit design plan that meets
with the county's housing element in the Comprehensive Plan.
The County reserves the right to select developments that meet all the above requirements and:
1. Are in areas of immediate need due to lack of available units;
2. Propose to preserve and improve existing units.
All funding awards will be subject to closing on other funding sources.
h. Additional Information: Developers will be required to meet compliance reporting requirements on the
development necessary to meet the statutory requirements for monitoring of SHIP rental units.
F. Demolition/Reconstruction Code 4
a. Summary of Strategy: This strategy is designed to assist eligible homeowners with a replacement
home when it has been determined that it is not economically feasible to rehabilitate the existing
home. Reconstruction will occur when the cost to rehabilitate an existing home is 60% or more of the
cost to construct a replacement home.
When replacement is recommended, a completed preliminary inspection report, scope of work, and cost
estimate must be completed.
Approved by FHFC:
Adopted by BOCC:
5E1M
Packet Pg. 155 1
I 8.D.3.c I
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
C. Income Categories to be served: very low, low, and moderate
d. Maximum award: $85,000
e. Terms:
1. Funds will be awarded as a deferred loan secured by a recorded mortgage and note.
2. Interest Rate: 0%
3. Term: 10 years
4. Forgiveness: The loan is forgiven on a prorated basis so that 10% of the principal is forgiven
annually.
5. Default/Recapture: The loan will be determined to be in default if any of the following occurs
during the Loan term:
• sale, transfer, or conveyance of property;
• Conversion to a rental property;
• Loss of homestead exemption status; or failure to occupy the home as primary
residence;
• Failure to maintain homeowners insurance for the period of the deferred payment loan;
• Should the homeowner refinance the first mortgage for more favorable terms as
evidenced by documentation provided by the lender, St. Lucie County may consider
subordination of its loan. The refinance cannot result in cash out to the homeowner or
SHIP funds are required to be repaid.
If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying
homeowner(s) die(s) during the loan term, the loan will be forgiven.
Project delivery costs will be a grant to the applicant and not included in the mortgage and note
f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first -
complete basis with the priorities for Special Needs and income groups as described in section I. (1) of
this plan.
g. Sponsor/Developer Selection Criteria: N/A
h. Additional Information: All work will be performed by contractors on the County's approved
contractors list.
Approved by FHFC:
Adopted by BOCC:
91-72
Packet Pg. 156 1
I 8.D.3.c I
G. Security and/or Utility Deposits Code 23
a. Summary of Strategy: The purpose of this strategy will be to provide rental assistance in the form of
security deposits, first and last month rent, and utility deposits. Applicants must show that they will be
able to sustain future rental payments. Sustainability shall mean that housing costs do not exceed 35%
of the household's gross monthly income.
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
C. Income Categories to be served: very low, low, and moderate
d. Maximum award: $5,000 per household. Assistance will only be provided one time per household
e. Terms:
1. The assistance will be in the form of a grant with no recapture requirement.
2. Interest Rate: N/A
3. Term: N/A
4. Forgiveness: N/A
5. Default/Recapture: N/A
f. Recipient Selection Criteria: Recipients will be assisted on a first -qualified, first -complete basis. Eligible
hardships include, but are not limited to: unemployment or underemployment through no fault of
the applicant, sudden medical expenses, divorce or separation, death in the family, or unforeseen
vehicle repair bills. Applicants whose hardships involve domestic abuse shall be given priority and be
documented in a police report within the previous 12 months. Applicants must have been served with
an eviction notice.
g. Sponsor/Developer Selection Criteria: N/A
h. Additional Information: N/A
III. LHAP Incentive Strategies
A. Name of the Strategy: Expedited Permitting
On March 9, 2010, Resolution 10-060 was passed directing the St. Lucie County Building Department to
expedite the review of all building permit applications for County funded affordable housing projects. A
stamp was created so that permit applications that meet such criteria are easily identified by the
Building Department.
B. Name of the Strategy: Ongoing Review Process
County staff is assigned the task of reviewing proposed regulations, which may significantly affect
affordable housing in unincorporated St. Lucie County. The Affordable Housing Advisory Committee will
be notified of any such finding and be given the opportunity to provide their comments and feedback.
Findings will be reported and recommendations made to the BOCC when appropriate.
Approved by FHFC:
Adopted by BOCC:
-16-
Packet Pg. 157 1
I 8.D.3.c I
IV. EXHIBITS:
A. Administrative Budget for each fiscal year covered in the plan.
B. Timeline for Estimated Encumbrance and Expenditure.
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan.
D. Signed LHAP Certification.
E. Executed Resolution
F. Resolution 10-060 Expedited Permitting
Approved by FHFC:
Adopted by BOCC:
-17-
Packet Pg. 158 1
8.D.4
ITEM NO. (ID # 3479)
TO:
PRESENTED BY:
SUBMITTED BY:
4113IX41I
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Diana Wesloski, Housing Manager
Housing Services Division
Change Order No. 2 To C15-12-664
DATE
04/19/2016
*CONSENT
AGENDA\COMMUNITY
SERVICES
One Construction and Roofing Services, Inc. was awarded a housing rehabilitation project in the amount
$41,440. During the course of the rehabilitation, it was determined that additional work would need to be
completed to address the following items:
Painting of the homes exterior;
Removal and replacement of the bath tub;
Removal of two trees causing damage to the drain field; and
Removal and replacement of the drain field.
Staff determined that addressing these items is in the best interest of the homeowner, as program
guidelines restrict the County from providing assistance for the next ten years. Change Order #1 in the
amount of $8,160 can be approved by the County Administrator per Purchasing Manual guidelines. Change
Order #2, in the amount of $2,280, must be approved by the BOCC as it exceeds the $50,000 cap as outlined
in the Purchasing Manual.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding is available in SHIP fund 185015-5420-549605-500.
RECOMMENDATION:
Staff recommends Board approval of Change Order No. 2 in the amount of $2,280.00, and authorization for
the Chairman to sign documents as approved by the County Attorney.
[01LT2 MLA
Packet Pg. 159
Coordination/Signatures
&Or yder, Community Services Dir r 4/5/2016
Danie S. McIntyre, C my ttorney 4/7/2016
Updated: 4/6/2016 8:20 AM by Katrina Slay Page 2
Packet Pg. 160
CHANGE ORDER
ST. LUCIE COUNTY
8.D.4.a
PROJECT:
Cherry Adams
1704 N. 43rd Street
Fort Pierce, FL 34947
TO (Contractor):
One Construction and Roofing Contractors Inc.
3437 SW Europe Street
Port Saint Lucie, FL 34953
CHANGE ORDER NUMBER:
INITIATION DATE: 4/19/2016
CONSULTANT'S PROJECT NO.: N/A
ST. LUCIE COUNTY
CONTRACT NO: C15-12-664
CONTRACT DATE: 12/30/2015
You are directed to make the following changes in this contract:
Addition to SOW: Paint exterior walls.
The original (Guaranteed Maximum Cost) was $41,440.00
Net change by previous authorized Change orders $8,160.00
The (Guaranteed Maximum Cost) prior to this Change order $49,600.00
The (Guaranteed Maximum Cost) will be (increased) (decreased Of
unchanged) by this Change Order $2,280.00
The new (Guaranteed Maximum Cost) including this Change order will be $51,880.00
The Contract Time will be (unchanged) by 0 days
The Date of Substantial Completion as of the date of this Change Order therefore is: 4/14/2016
Funds Available: Account Number 185015-5420-549605-500, 189110-5420-583000-500
The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time
adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the
Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work
contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay,
and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full
and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time
of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the
Contract Documents.
Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable
adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All
work performed under this Change Order shall be performed in accordance with the contract specifications.
Recommended:
Cherry Adams
Homeowner
1704 N. 43rd Street, Fort Pierce
Address
By
Agreed To:
4/ 19/2016
Date
One Construction and Roofing Contractors Inc.
Contractor
3437 SW Europe Street, Port Saint Lucie, FL 34953
Address
By
4/ 19/2016
Date
Approved:
Community Services - Housing Division
St. Lucie County Department
437 North 7th Street, Fort Pierce, FL 34950
Address
By: Beth Ryder
Authorized
Diana Wesloski
St. Lucie County:2300 Virginia Ave., Ft. Pierce, FL 34982
Kim Johnson, BOCC Chair Date
Approved as to Form and Correctness:
County Attorney
Q
Packet Pg. 161
8.H.1
ITEM NO. (ID # 3457)
TO:
PRESENTED BY:
SUBMITTED BY:
4113IX41I
BACKGROUND:
DATE
AGENDA REQUEST
Board of County Commissioners
Paul Sisilli, IT Division Manager
Information Technology
Information Consultants Contract Amendment 2
04/19/2016
*CONSENT
AGENDA\INFORMATION
TECHNOLOGY
On October 23, 2104 the County entered into a year to year agreement with Information Consultants to
provide Laserfiche Annual License and Maintenance services. On September 24, 2015 the parties executed
the first amendment to the contract to exercise the first one-year renewal option and extend the contract
through October 19, 2016.
Amendment 2 will allow us to purchase additional licenses and establish fixed line item annual pricing for
future license purchases and renewals.
PREVIOUS ACTION:
September 24, 2015 - BOCC approved first amendment to the contract to exercise the first one-year
renewal option and extend the contract through October 19, 2016.
October 23, 2014 - BOCC approved original contract C14-10-503.
FINANCIAL IMPACT:
Sufficient funding for license purchase is included in the FY 16 Information Technology budget (001-1955-
551501-100).
RECOMMENDATION:
Staff recommends Board approval of Information Consultants - Amendment 2 for one year to purchase
additional licenses in the amount of $14,475.24 as well as establish fixed line item annual pricing for future
license purchases and renewals and authorization for the Chairman to sign documents as approved by the
County Attorney.
COMMISSION ACTION:
Packet Pg. 162
8.H.1
Coordination/Signatures
J�JAJ IbA A
Paul Sisilli, IT Division Manager 3/25/2016
A
Heather Young, Asst. County Attorney 3/31/2016 Ho and Tipton, Count Administrate - 4/11/2016
Updated: 4/11/2016 11:43 AM by Evonne Morse A Page 2
Packet Pg. 163
8.H.1.a
C14-10-503
SECOND AMENDMENT TO OCTOBER 23, 2014 CONTRACT
BETWEEN ST. LUCIE COUNTY
AND INFORMATION CONSULTANTS, INC.
THIS SECOND AMENDMENT, is made and entered into this day of 12016,
by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County') and
INFORMATION CONSULTANTS, INC. or his, its or their successors, executors, administrators, and assigns
(the "Contractor")
WHEREAS, on October 23, 2014 the parties entered into a contract to provide Laserfiche Annual
License and Maintenance services; and,
WHEREAS, on September 24, 2015, the parties executed the first amendment to the contract to
exercise the first one-year renewal option and extend the contract through October 19, 2016; and,
WHEREAS, the parties desire to further amend the Contract to establish fixed pricing for future
annual license purchases and renewals.
NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to
amend the Contract as follows:
1. Paragraph 4. CONTRACT PAYMENT shall be amended to include the following fixed
pricing:
Laserfiche Rio Named Full User License
$ 700.00 (each)
Laserfiche Rio Full Named User LSAP
$ 140.00 (each)
Laserfiche Rio Forms Participants
$ 140.00 (each)
Laserfiche Rio Forms Participants LSAP
$ 28.00 (each)
Laserfiche Rio Forms
$ 70.00 (each)
Laserfiche Rio Forms LSAP
$ 14.00 (each)
Laserfiche Records Management
$ 70.00 (each)
Laserfiche Records Management LSAP
$ 14.00 (each)
Laserfiche Rio Forms Portal LSAP
$ 1,599.00
Laserfiche ScanConnect LSAP
$ 33.00
Laserfiche Quick Fields Classification Package LSAP
$ 1,500.00
Laserfiche Quick Fields Agent LSAP
$ 2,000.00
Laserfiche WebLink Public Portal LSAP
$ 10,000.00
Import Agent LSAP
$ 300.00
Laserfiche SDK LSAP
$ 750.00
2. Except as amended herein, all other terms and conditions of the Contract shall remain in
full force and effect.
Packet Pg. 164
C14-10-503
8.H.1.a
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement
upon the terms and conditions above stated.
ATTEST:
DEPUTY CLERK
WITNESSES:
(1)
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FORM AND CORRECTNESS:
COUNTY ATTORNEY
INFORMATION CONSULTANTS, INC.
BY:
(2) PRINT NAME:
TITLE:
2
Packet Pg. 165
8.H.1.b
Information Consultants, Inc.
1395 Brickell Ave, Suite 800
Miami, FL 33131
(305) 434-7916
csolace@icons-inc.com
QUOTE
ADDRESS
St Lucie County
Information Technology
Attn: Steve Barber
101 Rock Road
Ft Pierce, FL 34945
QUOTE # 3482
DATE 03/09/2016
EXPIRATION DATE 04/09/2016
DATE
ACTIVITY
QTY
RATE
AMOUNT
03/09/2016
Laserfiche RIO Forms Participants
10
140.00
1,400.00
03/09/2016
Laserfiche RIO Forms Participants LSAP:
10
13.98
139.80
EXP 10/2016 **"LSAP Rate is pro -rated at
6months.
03/09/2016
Laserfiche Named Full User
14
700.00
9,800.00
03/09/2016
Full Named Users Basic LSAP : EXP
14
69.96
979.44
10/2016 ***LSAP Rate is pro -rated at
6months.
03/09/2016
Laserfiche Forms
14
70.00
980.00
03/09/2016
Laserfiche Forms LSAP: EXP 10/2016
14
7.00
98.00
***LSAP Rate is pro -rated at 6months.
03/09/2016
Laserfiche Records Management Edition
14
70.00
980.00
03/09/2016
Laserfiche Records Management Edition
14
7.00
98.00
LSAP: EXP 10/2016***LSAP Rate is pro-
rated at 6months.
....................................................................................................................................................
Thank you for the opportunity of providing this quote to your TOTAL
organization. $147475.24
Accepted By Accepted Date
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Information Consultants Inc. - Putting Technology to Work!!!
Packet Pg. 166
8.J.1
ITEM NO. (ID # 3469)
TO:
PRESENTED BY:
SUBMITTED BY:
Ci imprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Desiree Cimino, Purchasing Manager
Purchasing Division
DATE
04/19/2016
*CONSENT AGENDA\OFFICE OF
MANAGEMENT & BUDGET
Award of Bid No. 16-018, Security Cameras - Phase I at the Treasure Coast
International Airport
On March 2, 2016, submittal's for Bid No. 16-018 for Security Cameras - Phase I at the Treasure Coast
International Airport were opened. One submittal was received, 234 companies were notified and 33
documents were distributed.
The awarded contractor shall provide, install and implement a new video surveillance system at the
Treasure Coast International Airport utilizing the existing fiber optics infrastructure that was installed in
2005 and security gates/access cards and electrical pedestal updates that were installed in 2010. The
Airports access control system is currently operational utilizing the existing fiber optics infrastructure but
there is ample space within the existing fiber optics infrastructure for the proposed video surveillance
system. The project consist of installing the security systems manager and workstations in the terminal
building and four security cameras at Gates 120, 130, 330 and the northwest corner of the Terminal
Building.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding is available in 140386-4220-563000-154603
RECOMMENDATION:
Staff recommends Board approval to award Bid No. 16-018, Security Cameras - Phase I at the Treasure Coast
International Airport, to Tyco Integrated Security of West Palm Beach in the amount of $55,000.00, and
authorization for the Chairman to sign the contract as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 167
8.J.1
Coordination/Signatures
Danie, S. McIntyre, C�nty +ttorney 4/11/2016 Ho and Tipton, Count Administrator 4/11/2016
Updated: 4/4/2016 4:29 PM by Katrina Slay Page 2
Packet Pg. 168
8.J.1.a
BOARD OF
COUNTY
COMMISSIONERS
TABULATION SHEET - BID #16-018
PURCHASING
DEPARTMENT
Security Cameras -Phase I at the Treasure Coast International Airport
and Business Park
OPENED: March 02, 2016 AT 3:00 PM
One (1) submittal was received for subject proposal:
co Integrated Security
0 Columbia Dr., West Palm Beach FL.
Number of companies notified*: 234
Number of bid documents distributed: 33
Number of bids received 1
*per demandstar.com
Total Base Bid
$55,000.00
Packet Pg. 169
8.J.2
ITEM NO. (ID # 3446)
TO:
PRESENTED BY:
SUBMITTED BY:
Ci impr1r-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Desiree Cimino, Purchasing Manager
Purchasing Division
Award of Bid No. 16-026, Waste Tire Processing
DATE
04/19/2016
*CONSENT AGENDA\OFFICE OF
MANAGEMENT & BUDGET
On March 2, 2016, submittal's for Bid No. 16-026 for waste tire processing were opened. Two submittal's
were received, 254 companies were notified and four documents were distributed.
The successful bidder shall provide waste tire processing for all waste tires (passenger vehicle, off road and
floats) received at the St. Lucie County Baling and Recycling Facility. The Baling & Recycling Facility currently
receives approximately 30 tons of waste tires per month of which the majority are automobile and light
truck tires under 20" rim size and smaller.
The initial term of the contracts will be for a period of three years. Providing the bidder agrees to the same
terms and conditions, the contracts could be extended for additional two one-year periods for a maximum
contract term of five years.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding is available in 401-3410-534000-300.
RECOMMENDATION:
Staff recommends Board approval to award Bid No. 16-026, Waste Tire Processing to Liberty Tire of Fort
Pierce, and authorization for the Chairman to sign the contract as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 170
8.J.2
Coordination/Signatures
Danie, S. McIntyre, C�nty +ttorney 4/7/2016 Ho and Tipton, Count Administrator 4/11/2016
Updated: 4/4/2016 4:23 PM by Katrina Slay Page 2
Packet Pg. 171
8.J.2.a
BOARD OF
COUNTY
COMMISSIONERS
Tabulation Sheet
Bid No.16-026
WASTE TIRE PROCESSING
PURCHASING
DEPARTMENT
Wheelabrator
Liberty Tire
Ridge Energy Inc.
Port St. Lucie, FL
Aburndale, FL
Price per ton
Fax: 772-489-2124
Fax: 863-665-0400
Automobile and light truck tires under 20"
rim size and smaller, picked up by Vendor at
$83.00
$90.00
the St. Lucie County Baling Facility:
20" rim size or larger, float tires, truck tires
and off road tires, picked up by Vendor at
$250.00
$ 235.00
the St. Lucie County Baling Facility
Packet Pg. 172
8.K.1
ITEM NO. (ID # 3476)
COUNTY
' R I ` A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
BACKGROUND:
Matt Baum, Parks & Special Facilities Manager
Parks & Special Facilities Division
The Elementary Science Showcase
DATE: 04/19/2016
*CONSENT AGENDA\PARKS,
RECREATION & FACILITIES
The Smithsonian and the St. Lucie County School District (SLCSD) have a shared goal to promote science
education in our community. With that goal in mind, Cristin Krasco (Smithsonian Education Specialist &
Volunteer Coordinator) has been working with Paul Reif, K-12 Science Curriculum Supervisor with SLCSD,
to bring to fruition a unique opportunity for local students and families to be exposed to area informal
education facilities while promoting students' science efforts.
The school district hosts science fairs for middle and high school students, however, elementary school
students currently do not have an outlet for showcasing their science fair projects. The new Elementary
Science Showcase will give 3rd-51" grade students the opportunity to showcase their projects at informal
education facilities throughout St. Lucie County. Several area partners, including the Manatee Observation
and Education Center, Heathcote Botanical Gardens, Oxbow Eco-Center, and Savannas Preserve State Park
have agreed to host students from select elementary schools at their facilities for Elementary Science
Showcases in late April and early May 2016. We wish to offer this same benefit to 3rd-5t" grade students in
the vicinity of the St. Lucie County Aquarium by hosting a Science Showcase at the Aquarium on Saturday
April 30, 2016 from 10:00am-12:00pm. This event would showcase a number of student science fair projects
at the Aquarium and give local families the opportunity to experience the educational benefits that the
Aquarium has to offer.
One potential barrier to students and their families attending the Science Showcase at the Aquarium is the
admission fee. It is our hope that the County will consider waiving the $260.00 Admission fee to SLCSD
students and their families during Showcase hours. I am happy to work closely with SLCSD staff on the
logistics of allowing students and their families in for free so that we can ensure those who receive free
admission are in fact students who attend schools that were designated to showcase student projects at
the Aquarium.
We feel this would be a very beneficial experience for our local elementary school students and we thank
you in advance for considering this request.
Packet Pg. 173
8.K.1
PREVIOUS ACTION:
There have been no previous actions concerning this agenda request.
FINANCIAL IMPACT:
If the The Board approves the waiver, the county would forego $260.00 in Aquarium entrance fees.
RECOMMENDATION:
Staff recommends Board approval to waive the facility entrance fees of $260.00, as outlined in the agenda
memorandum and authorization for the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
AX �•
Edward Matthews, Parks, R, r &4Fai4tiesDirector 4/7/2016
anie 5. McIntyre, c my ttorney 4/11/2016
Updated: 4/7/2016 1:56 PM by Patty Marston-Duva Page 2
Packet Pg. 174
8.K.1.a
WWI Romp
COUNTY
F L 0 R 1 b A
Estimate Date: April 5, 2016
EXHIBIT "A"
ESTIMATE OF FEES
VENUE: St. Lucie County Aquarium
PHONE: 772-462-3474
Event: Elementary Science Showcase
No. of Attendees: 80
Contact Name: Cristin Krasco, Marine Biology Educator
Organization: Smithsonian Marine Station
Address: 701 Seaway Dr. Ft. Pierce, FL 34949
Fax:772-465-3237
Event Date: April 30, 2016
Event Day: Saturday
Set Up/Load In: N/A
Saturday 4/30/16
Event Times: 10:00am - 12:00pm
Break Down/Load Out: N/A
Total Event Hours: 2 hours
Office Phone:772-465-3271 Fax:772-465-3237
Cell: 772-465-3271 E-mail Address: Krascoc@si.edu
Facility Use Fee Rate Fee
Admission fees $3/youth, $4/Adults Sub -total $260.00
Admission fees Deduct 25%
Revised Sub -total $260.00
Sales Tax 6.5% $0.00
FEE WAIVED FACILITY USE FEE TOTAL $260.00
Equipment Use Fees
Sales Tax 6.5% $0.00
EQUIPMENT FEES TOTAL $0.00
Staff/Personnel (Does not include cost of any required security personnel)
STAFF FEES TOTAL $0.00
Security Deposit - (Refundable) SECURITY DEPOSIT TOTAL $0.00
50% Deposit
Total Fee Waiver Request: $260.00
TOTAL ESTIMATED CHARGES $0.00
$0.00
Other Requirements include but are not limited to:
1. 50% Deposit with signed Facility Use Agreement, Required Documents to Confirm Reservation. Balance due and all Required
Documents due no less than 30 days prior to event to avoid cancellation.
2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant
and naming St. Lucie County BOCC, 2300 Virginia Ave, Ft. Pierce, FL 34982 as an additional Insured.
Accepted By:
Estimate Prepared by: Jennifer Anglin
Date:
Packet Pg. 175
8.K.2
ITEM NO. (ID # 3468)
TO:
PRESENTED BY:
SUBMITTED BY:
CiIRIFrT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
DATE: 04/19/2016
*CONSENT AGENDA\PARKS,
RECREATION, & FACILITIES
Willie Redden, Regional Parks and Stadium Manager
Regional Parks & Stadiums Division
St. James Christian Academy - End of School Year Field Day
Saint James Christian Academy is a private, 501(c)(3) non-profit organization dedicated to serving St. Lucie
County residents by providing educational opportunities for children K through 12th grade. In an email,
dated March 25, 2016, the organization requested a waiver of the facility rental fee ($231) to utilize Calvin
R. Triplett Field for an end -of -school -year field day, May 18, 2016, 9:00 A.M - 12:00 P.M, for its grades 3 -
6 students on the track and field. All activities are free of charge. No County personnel will be involved.
Group is in charge of their own clean up.
In accordance with section 2C of the St. Lucie County Facility Use Rules and Procedures, facility rental fees
cannot be waived unless approved by the Board of County Commissioners. Moreover, the event must meet
the following criteria in order to be eligible for a waiver:
1. Be a St. Lucie County governmental agency or non-profit with a 501(c)(3) tax exemption, which provides
a service that benefits the public and is available to all citizens of the County; or
2. The event is a fundraiser for an organization which meets the requirements in C(1)(a).
Approval of the waiver is at the sole discretion of the Board of County Commissioners. Charges for staff,
equipment, and supplies may not be waived by the Board.
PREVIOUS ACTION:
The total amount of rental fees waived for this group at Calvin R. Triplett Field in prior fiscal years is $225.
FINANCIAL IMPACT:
If the fee waiver is approved, the County would forgo $231 in facility rental fees.
RECOMMENDATION:
Staff recommends Board approval to waive $231.00 In facility rental fees for Saint James Christian
Academy's end -of -school -year Field Day, May 18, 2016, 9:00 AM - 12:00 PM.
Packet Pg. 176
COMMISSION ACTION:
Coordination/Signatures
Edward Matthews, Parks, R� ice& Fa sties Director 3/31/2016
Danie S. McIntyre, C my ttorney 4/5/2016
Updated: 4/6/2016 8:17 AM by Katrina Slay Page 2
Packet Pg. 177
8.K.2.a
Willie Redden
From
Sent
To:
Sub; ectt
Friday, March 25, 2016
Deer Mr. Redden,
Angel Robertson<arobertson@saintjameschristianacademy.com>
Friday, March 25, 2016 6:51 AM
Willie Redden
Saint lames Christian Academy: Field Day on the Track
My name is Angel Robertson. I am a P.E. Teacher/Coach at Saint James Christian Academy in
Fort Pierce. I'm starting to organize our Second Annual ]Field Day at SJCA. If your outdoor
facility is available, I would like to use the Lawnwood Track and Stadium on Wednesday, May
18, 2016. Our school event will last about 3 hours (9:00 a.m. to 12:00 p.m.). We would be using
the Track, Long Jump area and Throwing area.
Saint James Christian Academy is a non-profit organization in Fort Pierce. I was hoping that I
coL1d get the rental fee waived for that day. As the school year comes to a close, we want to
give our students a great experience to remember.
Thank you, and I look forward to hearing from you. God Bless!
Angel Robertson
Phone: (772) 466-2000
Cell: (772) 631-1706
a
Packet Pg. 178
8.N.1
ITEM NO. (ID # 3411)
TO:
PRESENTED BY:
SUBMITTED BY:
CiIRIFrT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Christopher Lestrange, Manager
Road & Bridge Division
DATE
04/19/2016
*CONSENT AGENDA\PUBLIC
WORKS
Award of Bid No. 16-013 - Purchase of Sign Post, Sign Hardware and Sign
Blanks
The purpose of this bid is to establish contract pricing for traffic sign materials. On January 27, 2016,
submittals to Bid No. 16-013, Purchase of Sign Post, Sign Hardware and Sign Blanks, were opened. Six
submittals were received, 251 companies were notified and 24 bid documents were distributed. Universal
Signs and Accessories was the lowest bidder to submit pricing on all 97 items requested and submit a sign
blank meeting County specifications.
This contract will replace contract C11-04-131 with Universal Signs and Accessories, which expires April 16,
2016.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funds are available in account 101004-4109-553100-400 Safety Signs and Makers
RECOMMENDATION:
Staff recommends Board approval to award Bid # 16-013, to the lowest responsive and responsible bidder,
Universal Signs and Accessories of Fort Pierce, and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 179
8.N.1
Coordination/Signatures
ichael Powley, ounty Engir 3/16/2016
A
anie 5. McIntyre, Coorney 3/23/2016
Updated: 3/16/2016 2:05 PM by Barbara Miller Page 2
Packet Pg. 180
8.N.1.a
BOARD OF COUNTY - rt
COMMISSIONERS COUNTY PURCHASING DEPARTMENT
PURCHASE OF SIGN POST, SIGN HARDWARE & SIGN BLANKS FOR PUBLIC WORKS ROAD AND BRIDGE
BID #16-013 Corrected
DATE: January 27, 2016 @ 3:00 P.M.
STREET BLANKS PRICES (WHITE DG3 Type XI) -DOUBLE SIDED
ALLIED TUBE & CONDUIT
ROCAL,INC.
Harvey, IL.
Ft. Pierce, FL.
SIZE
BLANK ONLY
DOUBLE
FACED
SIZE
BLANK
ONLY
DOUBLE
FACED
8 X 24
no
bid
8 X 24
$4.23
$14.45
8 X 30
no
bid
8 X 30
$5.28
$18.07
8 X 36
no
bid
8 X 36
$6.34
$21.68
8 X 42
no
bid
8 X 42
$7.40
$25.29
8 X 48
no
bid
8 X 48
$8.45
$28.91
DG3(TYPE XI) FACES & SIGNS PRICES
DG3(TYPE XI) FACES & SIGNS PRICES
TYPE
SIZE
BLANK ONLY
BOTH
TYPE
SIZE
BLANK
ONLY
BOTH
OM-3R
12"x 36"
no
bid
OM-3R
12"x 36"
9.51
20.85
OM-3L
12"x 36"
no
bid
OM-3L
12"x 36"
$9.51
$20.85
R1-1 Supercoated
24"
no
bid
R1-1 Supercoated
24"
12.68
32.96
R1-1 -without
Supercoat
24"
no
bid
R1-1 -without
Supercoat'
24"
$12.68
$27.80
R1-1 Supercoated
36"
no
bid
R1-1 Supercoated'
36"
$28.53
$74.16
R1-1 -without
Supercoat
36"
no
bid
R1-1 -without
Supercoat
36"
$28.53
$62.55
R1-2
30"
no
bid
R1-2
30"
$19.81
$43.44
112-1
24" X 30"
no
bid
112-1
24" X 30"
$15.85
$34.75
S1-1
30"
no
bid
S1-1
30"
$19.81
$43.44
W1-1
30"x 30"
no
bid
W1-1
30"x 30"
$19.81
$43.44
W1-2
30"
no
bid
W1-2
30"
$19.81
$43.44
Packet Pg. 181
8.N.1.a
ALLIED TUBE & CONDUIT
ROCAL,INC.
W2-1-2,4
30"
no
bid
W2-1-2,4
30"
$19.81
$43.44
W3-1A
30"X 30"
no
bid
W3-1A
30"X 30"
$19.81
$43.44
W1-6,7
24" X 48"
no
bid
W1-6,7
24" X 48"
$25.36
$55.60
W10-1
36" round
no
bid
W10-1
36" round
$25.53
$62.55
SIGN BLANKS (080 GAUGE WITH HOLES)
SIGN BLANKS (080 GAUGE WITH HOLES)
SIZE
BLANK PRICE
SIZE
BLANK PRICE
SIZE
BLANK
PRICE
SIZE
BLANK PRICE
4X4
18X48
no bid
4X4
$2.35
18X48
$19.02
6 X 12
24 X 24
no bid
6 X 12
$3.59
24 X 24
$12.68
6 X 18
24 X 30
no bid
6 X 18
$4.38
24 X 30
$15.85
8 x 12
24 x 36
no bid
8 x 12
$4.11
24 x 36
$19.02
9 x 12
24 x 48
no bid
9 x 12
$4.38
24 x 48
$25.36
12X12
30x30
no bid
12X12
$3.17
30x30
$19.81
12 X 18
30 x 36
no bid
12 X 18
$4.76
30 x 36
$23.78
12 X 24
30 x 48
no bid
12 X 24
$6.34
30 x 48
$31.70
12 X 30
36 x 36
no bid
12 X 30
$7.93
36 x 36
$28.53
12 X 36
36 x 48
no bid
12 X 36
$9.51
36 x 48
$38.04
15 X 21
36 x 54
no bid
15 X 21
$6.93
36 x 54
$42.80
15 round
36 round
no bid
15 round
$4.95
36 round
$28.53
18 X 18
48 X 48
no bid
18 X 18
$7.13
48 X 48
$50.72
18 X 24
48 x 72
no bid
18 X 24
$9.51
48 x 72
$76.08
18 X 30
48 x 96
no bid
18 X 30
$11.89
48 x 96
$101.44
18 X 36
Custom Misc
or odd sizes $
per Sq. Ft.
no bid
18 X 36
$14.27
Custom Misc
or odd sizes
$pre Sq.FT.
$3.77
PRICING FOR: POSTS, POST CAPS, FLEX STICKS, OBJECT MARKERS, ETC.
FLEX STICKS (66")
PRICE
U-CHANNEL (2#
GALVANIZED)
PRICE
FLEX STICKS (66")
PRICE
U-CHANNEL (2#
GALVANIZED)
PRICE
White
no bid
6'
no bid
White
no bid
6'
no bid
Yellow
no bid
8'
no bid
Yellow
no bid
8'
no bid
In Ground
Delineators with
no bid
9'
no bid
In Ground
Delineators with
r7MU
9' 7
no bid
c
T
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O
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L
7
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Packet Pg. 182
8.N.1.a
ALLIED TUBE & CONDUIT
ROCAL,INC.
10,
noBid
10,
no bid
POST CAPS
(Medium Duty 6"
PRICE
12'
no bid
POST CAPS
(Medium Duty 6"
12'
no bid
Regular
no bid
14'
no bid
Regular
no bid
14'
no bid
Cross
no bid
15'
no bid
Cross
no bid
15,
no bid
45 Degree
no bid
4" X 17" Round
no bid
45 Degree
no bid
4" X 17" Round
no bid
180 Degree
no bid
4" Slip base
assembly w/ stub
no bid
180 Degree
no bid
4" Slip base
assembly w/ stub
no bid
OBJECT MARKERS
PRICE
SQUARE POST
PRICE
OBJECT MARKERS
PRICE
SQUARE POST
PRICE
OM4-1 9-Button
Red
no bid
12' (1 '/4 X 1 3/4 -
12')
$21.64
OM4-1 9-Button Red
$27.50
12' (1 3/4 X 1 '/4 -
12')
no bid
OM1-1 9-Button
Yellow
no bid
14' (2" X 2" — 14)
$27.11
OM1-1 9-Button
Yellow
$27.50
14' (2" X 2" — 14)
no bid
OM1-3 HI -Intensity
Yellow
no bid
OM1-3 HI -Intensity
Yellow
$13.23
OM4-3 HI -Intensity
Red
no bid
OM4-3 HI -Intensity
Red
$13.23
MISCELLANEOUS
Per Square Foot
MISCELLANEOUS
Per Square Foot
Blank — Covered in
Engineering Grade
no bid
Blank — Covered in
Engineering Grade
3.88
Blank — Covered in
Diamond Grade
no bid
Blank — Covered in
Diamond Grade
6.19
Blank — Covered in
High Intensity
Prismatic
no bid
Blank — Covered in
High Intensity
1prismatic
4.34
Number of companies notified*: 251
Number of bid documents distributed*: 24
Number of bids received:
*per demandstar.com
Packet Pg. 183
8.N.1.a
STREET BLANKS
PRICES (WHITE DG3 Type XI) -DOUBLE SIDED
Osburn Associates, Inc.
Traffic Supplies and Distribution
Logan, OH
Sanford FL.
SIZE
BLANK ONLY
DOUBLE
FACED
SIZE
BLANK
ONLY
DOUBLE
FACED
8 X 24
$2.53
$10.14
8 X 24
$2.82
$14.11
8 X 30
$3.17
$12.67
8 X 30
$3.52
$17.64
8 X 36
$3.80
$15.20
8 X 36
$4.23
$21.17
8 X 42
$4.43
$17.74
8 X 42
$4.94
$24.70
8 X 48
$5.07
$Y0.27
8 X 48
$5.64
$28.23
DG3(TYPE XI) FACES & SIGNS PRICES
DG3(TYPE XI) FACES & SIGNS PRICES
TYPE
SIZE
BLANK ONLY
BOTH
TYPE
SIZE
BLANK
ONLY
BOTH
OM-3R
12"x 36"
$5.70
$14.67
OM-3R
12"x 36"
$6.33
$21.33
OM-3L
12"x 36"
$5.70
$14.67
OM-3L
12"x 36"
$6.33
$21.33
R1-1 Supercoated
24"
$7.60
$26.88
R1-1 Supercoated
24"
$8.00
$31.76
R1-1 -without
Supercoat
24"
$7.60
$19.56
R1-1 -without
Supercoat
24"
$8.00
$27.29
R1-1 Supercoated
36"
$17.10
$60.48
R1-1 Supercoated
36"
$18.00
$71.47
R1-1 -without
Supercoat
36"
$17.10
$44.01
R1-1 -without
Supercoat
36"
$18.00
$61.41
R1-2
30"
$11.88
$30.56
R1-2
30"
$11.87
$39.43
R2-1
24" X 30"
$9.50
$24.45
R2-1
24" X 30"
$10.55
$35.55
S1-1
30"
$11.88
$30.56
S1-1
30"
$13.18
$44.43
W1-1
30"x 30"
$11.88
$30.56
W1-1
30"x 30"
$13.18
$44.43
W1-2
30"
$11.88
$30.56
W1-2
30"
$13.18
$44.43
W2-1-2,4
30"
$11.88
$30.56
W2-1-2,4
30"
$13.18
$44.43
W3-1A
30"X 30"
$11.88
$30.56
W3-1A
30"X 30"
$13.18
$44.43
W1-6,7
24" X 48"
$15.20
$39.12
W1-6,7
24" X 48"
$16.88
$56.88
W10-1
36" round
$17.10
$44.01
W10-1
36" round
$18.99
$63.99
SIGN BLANKS (080 GAUGE WITH HOLES)
SIGN BLANKS (080 GAUGE WITH HOLES)
SIZE
BLANK PRICE
SIZE
BLANK PRICE
SIZE
BLANK
PRICE
SIZE
BLANK PRICE
4 X 4
$0.24
18 X 48
$11.40
4 X 4
$0.32
18 X 48
$12.66
6 X 12
$0.95
24 X 24
$7.60
6 X 12
$1.06
24 X 24
$8.44
6 X 18
$1.43
24 X 30
$9.50
6 X 18
$1.58
24 X 30
$10.55
8 x 12
$1.27
24 x 36
1 $11.40
1
8 x 12
$1.41
24 x 36
$12.66
9 x 12
$1.43
24 x 48
1 $15.20
1
9 x 12
1 $1.58
1
24 x 48
1 $16.88
12X12
$1.90
30x30
1 $11.88
1
12X12
1 $2.11
1
30x30
1 $13.18
c
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Packet Pg. 184
8.N.1.a
Osburn Associates, Inc.
Traffic Supplies and
Distribution
12 X 18
$2.85
30 x 36
$14.25
12 X 18
$3.16
30 x 36
$15.83
12 X 24
$3.80
30 x 48
$19.00
12 X 24
$4.22
30 x 48
$21.10
12 X 30
$4.75
36 x 36
$17.10
12 X 30
$5.28
36 x 36
$18.99
12 X 36
$5.70
36 x 48
$22.80
12 X 36
$6.33
36 x 48
$25.32
15 X 21
$4.14
36 x 54
$25.65
15 X 21
$4.62
36 x 54
$28.48
15 round
$2.97
36 round
$17.10
15 round
$3.30
36 round
$18.99
18 X 18
$4.28
48 X 48
$30.40
18 X 18
$4.75
48 X 48
$33.76
18 X 24
$5.70
48 x 72
$45.60
18 X 24
$6.33
48 x 72
$50.64
18 X 30
$7.13
48 x 96
$60.80
18 X 30
$7.92
48 x 96
$67.52
18 X 36
$8.55
Custom Misc
or odd sizes $
1per S . Ft.
$1.90
18 X 36
$9.49
Custom Misc
or odd sizes
1$pre S .FT.
$2.32
PRICING FOR: POSTS, POST CAPS, FLEX STICKS, OBJECT MARKERS, ETC.
FLEX STICKS (66")
PRICE
U-CHANNEL (2#
GALVANIZED)
PRICE
FLEX STICKS (66")
PRICE
U-CHANNEL (2#
GALVANIZED)
PRICE
White
$23.34
6'
$9.96
White
$21.41
6'
$11.29
Yellow
$23.34
8'
$13.28
Yellow
$21.41
8'
$15.12
In Ground
Delineators with
anchor & reflective
collars
$119.24
9'
$14.94
In Ground
Delineators with
anchor & reflective
collars
$37.52
9'
$17.01
POST CAPS
(Medium Duty 6"
Slot)
PRICE
POST CAPS
(Medium Duty 6"
Slot)
PRICE
PRICE
10,
$16.60
12'
$19.92
Regular
$2.45
14'
$23.24
Regular
$3.82
14'
$26.46
Cross
$2.45
15,
$24.90
Cross
$3.82
15'
$28.35
45 Degree 90
$2.45
4" X 17" Round
no bid
45 Degree
$3.82
4" X 17" Round
$97.79
180 Degree
$2.45
4" Slip base
assembly w/ stub
no bid
180 Degree
$3.82
4" Slip base
lassemblyw/stub
$152.35
Packet Pg. 185
8.N.1.a
Osburn Associates, Inc.
Traffic Supplies and
Distribution
OBJECT MARKERS
PRICE
SQUARE POST
PRICE
OBJECT MARKERS
PRICE
SQUARE POST
PRICE
OM4-1 9-Button
Red
$19.00
12' (1 3/4 X 1 3/4 -
12')
$30.42
OM4-1 9-Button Red
$20.00
12' (1 3/4 X 1 3/4 -
12')
$29.41
OM1-1 9-Button
Yellow
$19.00
14' (2" X 2" - 14)
$28.70
OM1-1 9-Button
Yellow
$20.00
14' (2" X 2" - 14)
$35.29
OM1-3 HI -Intensity
Yellow
$7.61
OM1-3 HI -Intensity
Yellow
$13.10
OM4-3 HI -Intensity
Red
$7.61
OM4-3 HI -Intensity
Red
$13.10
MISCELLANEOUS
Per Square Foot
MISCELLANEOUS
Per Square Foot
Blank - Covered in
Engineering Grade
$3.04
Blank - Covered in
Engineering Grade
$4.41
Blank - Covered in
Diamond Grade
$4.89
Blank - Covered in
Diamond Grade
$7.11
Blank - Covered in
High Intensity
Prismatic
$3.38
Blank - Covered in
High Intensity
Prismatic
$4.70
Packet Pg. 186
8.N.1.a
STREET BLANKS PRICES (WHITE DIAMOND GRADE) -DOUBLE SIDED
Lightle Enterprises of
Ohio
UNIVERSAL SIGNS &
ACCESSORIES
Ft.Pierce, FL.
SIZE
BLANK ONLY
DOUBLE
FACED
SIZE
BLANK
ONLY
DOUBLE
FACED
8 X 24
no bid
no bid
8 X 24
$2.66
$12.10
8 X 30
no bid
no bid
8 X 30
$3.33
$15.20
8 X 36
no bid
no bid
8 X 36
$4.00
$18.20
8 X 42
no bid
no bid
8 X 42
$4.66
$21.20
8 X 48
no bid
no bid
8 X 48
$5.33
$24.20
DG3(TYPE XI) FACES & SIGNS PRICES
DG3(TYPE XI) FACES & SIGNS PRICES
TYPE
SIZE
BLANK ONLY
BOTH
TYPE
SIZE
BLANK
ONLY
BOTH
OM-3R
12"x 36"
no bid
no bid
OM-3R
12"x 36"
5.82
16.32
OM-3L
12"x 36"
no bid
no bid
OM-3L
12"x 36"
$5.82
$16.32
R1-1 Supercoated
24"
no bid
no bid
R1-1 Supercoated
24"
$7.76
$32.00
R1-1 -without
Supercoat
24"
no bid
no bid
R1-1 -without Supercoat
24"
$7.76
$21.76
R1-1 Supercoated
36"
no bid
no bid
R1-1 Supercoated
36"
$16.30
$60.00
R1-1 -without
Supercoat
36"
no bid
no bid
R1-1 - without Supercoat
36"
$16.30
$48.96
R1-2
30"
no bid
no bid
R1-2
30"
$12.15
$34.00
112-1
24" X 30"
no bid
no bid
112-1
24" X 30"
$9.70
$27.20
S1-1
30"
no bid
no bid
S1-1
30"
$12.15
$34.00
W1-1
30"x 30"
no bid
no bid
W1-1
30"x 30"
$12.15
$34.00
W1-2
30"
1no bid
no bid
W1-2
30"
1 $12.15
1 $34.00
Packet Pg. 187
8.N.1.a
Lightle Enterprises of
Ohio
UNIVERSAL SIGNS &
ACCESSORIES
W2-1-2,4
30"
no bid
no bid
W2-1-2,4
30"
$12.15
$34.00
W3-1A
30"X 30"
no bid
no bid
W3-1A
30"X 30"
$12.50
$34.00
W1-6,7
24" X 48"
no bid
no bid
W1-6,7
24" X 48"
$15.52
$43.52
W10-1
36" round
no bid
no bid
W10-1
36" round
$15.62
$43.84
SIGN BLANKS (080 GAUGE WITH HOLES)
SIZE
BLANK
PRICE
SIZE
BLANK PRICE
SIZE
BLANK PRICE
SIZE
BLANK PRICE
4 X 4
no bid
18 X 48
no bid
4 X 4
$0.50
18 X 48
$11.65
6 X 12
no bid
24 X 24
no bid
6 X 12
$1.00
24 X 24
$7.76
6 X 18
no bid
24 X 30
no bid
6 X 18
$1.50
24 X 30
$9.70
8 x 12
no bid
24 x 36
no bid
8 x 12
$1.35
24 x 36
$11.64
9 x 12
no bid
24 x 48
no bid
9 x 12
$1.50
24 x 48
$15.53
12 X 12
no bid
30 x 30
no bid
12 X 12
$1.94
30 x 30
$12.13
12 X 18
no bid
30 x 36
no bid
12 X 18
$2.92
30 x 36
$14.55
12 X 24
no bid
30 x 48
no bid
12 X 24
$3.88
30 x 48
$19.40
12 X 30
no bid
36 x 36
no bid
12 X 30
$4.85
36 x 36
$17.46
12 X 36
no bid
36 x 48
no bid
12 X 36
$5.82
0
36 x 48
$23.28
15 X 21
no bid
36 x 54
no bid
15 X 21
$4.25
36 x 54
$26.19
15 round
no bid
36 round
no bid
15 round
$3.05
36 round
$19.11
18 X 18
no bid
48 X 48
no bid
18 X 18
$4.37
48 X 48
$31.04
18 X 24
no bid
48 x 72
no bid
18 X 24
$5.82
48 x 72
$48.00
18 X 30
no bid
48 x 96
no bid
18 X 30
$7.28
48 x 96
$64.00
18 X 36
no bid
Custom Misc
or odd sizes
$pre Sq.FT.
no bid
18 X 36
$8.73
Custom Misc
or odd sizes
$pre Sq.FT.
$2.50
PRICING FOR: POSTS, POST CAPS, FLEX STICKS, OBJECT MARKERS, ETC.
FLEX STICKS
(66")
PRICE
12.95
12.95
15.85
U-CHANNEL
(2#
GALVANIZED)
PRICE
FLEX STICKS (66") PRICE
U-CHANNEL (2# PRICE
GALVANIZED)
White
6'
no bid
White CGD106601
$15.00
6'
$9.36
Yellow
8'
no bid
Yellow CGD106602
$15.00
8'
$12.48
In Ground
Delineators with
9'
no bid
In Ground Delineators CGD4056014
with anchor & reflective
$15.00
9'
$14.04
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Lightle Enterprises of
UNIVERSAL
Ohio
SIGNS&ACCESSORIES
10'
no bid
10' $15.60
$18.72
POST CAPS Quoting 5.5"
no bid
(Medium Duty 6"
12'
12'
14' $21.84
15' $23.40
4" X 17" Round $125.00
Regular
$2.98
14'
no bid
Regular
91UF-OL90
$3.29
Cross
$3.28
15'
no bid
Cross
990F
$3.50
45 Degree/ 90
$2.98
4" X 17"
no bid
45 Degree
808
$5.00
Round
4" Slip base $200.00
180 Degree
$2.98
4" Slip base
no bid
180 Degree
91-UF-NO-180
$3.00
assembly w/
assembly w/
stub
I
istub
SQUARE POST PRICE
OBJECT
PRICE
SQUARE
PRICE
OBJECT MARKERS
PRICE
MARKERS
POST
12' (1 '/4 X 1 '/4 - $22.00
OM4-1 9-Button
no bid
12' (1 '/4 X 1 '/4
$25.56
OM4-1 9-Button Red
$14.50
Red
12')
12')
14' (2" X 2" — $27.55
OM1-1 9-Button
no bid
14' (2" X 2" —
$29.82
OM1-1 9-Button Yellow
$14.50
Yellow
14)
14)
OM1-3 HI -Intensity
no bid
OM1-3 HI -Intensity
$11.25
Yellow
Yellow
OM4-3 HI -Intensity
no bid
OM4-3 HI -Intensity Red
$11.25
Red
MISCELLANEOUS
Per Square Foot
MISCELLANEOUS
Per Square Foot
Blank — Covered
no bid
Blank — Covered in
$3.00
in Engineering
Engineering Grade
Blank — Covered
no bid
Blank — Covered in
$5.15
in Diamond Grade
Diamond Grade
Blank — Covered
no bid
Blank — Covered in High
$3.75
in High Intensity
Intensity Prismatic
Prismatic
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8.N.2
ITEM NO. (ID # 3437)
TO:
PRESENTED BY:
SUBMITTED BY:
CiIRIFrT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
James Oppenborn, Coastal Res. Supervisor
Public Works
DATE
04/19/2016
*CONSENT AGENDA\PUBLIC
WORKS
Award of Bid 16-025 - Artificial Reef Module Construction and Deployment
This bid is to provide artificial reef modules for two grant awards. On March 4, 2016, submittals to
Bid No. 16-025, St. Lucie County Artificial Reef Modules Construction, were opened. Two submittals were
received, 124 companies were notified, and 21 bid documents were distributed.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funds are available in account 184111-4117-534000-39003 (Other Contractual Services - Grant) in the
amount of $60,000 and in account 184001-4117-534000-39003 (Other Contractual Services) in the amount
of $11,356.
RECOMMENDATION:
Staff recommends Board approval to award Bid # 16-025, in the amount of $71,356.00, to the lowest
responsive and responsible bidder, McCulley Marine Services, Inc., and authorization for the Chairman to
sign documents as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 193
8.N.2
Coordination/Signatures
-ANC11C."'SUS 17---A — 1
1. n Wt, Public Works Directo 016
A
Heather Young, Asst. County Attorney 3/31/2016
Updated: 4/6/2016 8:16 AM by Katrina Slay Page 2
Packet Pg. 194
8.N.2.a
BOARD OF
COUNTY
COMMISSIONERS
TABULATION SHEET - BID #16-025
PURCHASING
DEPARTMENT
St. Lucie County Artificial Reef Modules Construction
OPENED: March 04, 2016 AT 3:00 PM
Two (2) submittals were received for subject proposal:
McCulley Marine
Shoreline Foundation,
Services, Inc.
Inc.
FT. Pierce, FL
Coral Gables, FL
Amount each
Amount each
Per Module Cost
$ 2,854.25
$ 9,290.00
Total Bid Cost for 25 Modules
$ 71,356.25
$ 232,250.00
Cost per Module if additional Modules are
$ 2,854.25
$ 9,290.00
needed at a later date
Number of companies notified*: 124
Number of bid documents distributed: 21
Number of bids received 2
*per demandstar.com
Packet Pg. 195
8.N.3
ITEM NO. (ID # 3464)
TO:
PRESENTED BY:
SUBMITTED BY:
Ci impr1r-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Ron Harris, County Surveyor
Engineering
Regency Centers, L.P.
DATE
04/19/2016
*CONSENT AGENDA\PUBLIC
WORKS
Regency Centers, L.P., the developer of the existing Eastport Plaza was issued a right-of-way permit for the
construction of an additional signalized entrance to the plaza. The improvements consist of turn lanes,
driveway, sidewalks and drainage improvements within the Walton Road right-of-way. The project is
located east of US Highway No. 1 on the north side of Walton Road.
County staff inspected the off -site improvements on March 25, 2016 and has determined that the
constructed improvements are acceptable.
PREVIOUS ACTION:
May 7, 2012 - County Administrator approved Road Improvement Agreement
February 17, 2015 - Board approved Conditional Acceptance and Maintenance Agreement.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board approval of the final acceptance of the public improvements and release of surety
in the amount of $9,239.55.
COMMISSION ACTION:
Packet Pg. 196
8.N.3
Coordination/Signatures
-ANC11C."'SUS 17---A — 1
1. n Wt, Public Works Directo 016
A
anie S. McIntyre, Coorney 4/6/2016
Updated: 4/4/2016 4:27 PM by Katrina Slay Page 2
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8.N.4
ITEM NO. (ID # 3465)
TO:
PRESENTED BY:
SUBMITTED BY:
Ci impr1r-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Ron Harris, County Surveyor
Engineering
DATE
04/19/2016
*CONSENT AGENDA\PUBLIC
WORKS
Centerstate Bank — Conditional Acceptance of Off -site Improvements
Centerstate Bank received site plan approval from the City of Ft. Pierce. The project is located at the
southwest corner of SR 70 and McNeil Road. The developer was required to construct concrete sidewalks
and drainage improvements within the McNeil Road rights -of -way.
County staff inspected the site on March 28, 2016 and found that the off -site constructed improvements
are acceptable.
PREVIOUS ACTION:
August 30, 2013 - County Administrator approved the Road Improvement Agreement.
November 18, 2014 - Board approved conditional acceptance and Maintenance Agreement.
FINANCIAL IMPACT:
Funds are available in Deposits -Bonds account number (650-0000-220100-000)
RECOMMENDATION:
Staff recommends final acceptance of the constructed improvements and release of surety in the amount
of $2,037.31.
COMMISSION ACTION:
Packet Pg. 198
8.N.4
Coordination/Signatures
-ANC11C."'SUS 17---A — 1
1. n Wt, Public Works Directo 016
A
anie S. McIntyre, Coorney 4/11/2016
Updated: 4/4/2016 2:34 PM by Jennifer Krause A Page 2
Packet Pg. 199
8.0.1
ITEM NO. (ID # 3480)
COUNTY
' R I ` A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
BACKGROUND:
Toby Long, Director
Sheriff's Office
DATE: 04/19/2016
*CONSENT AGENDA\SHERIFF'S
OFFICE
Authorization to submit an electronic application for the 2016 Bulletproof
Vest Partnership (BVP) Grant
The St. Lucie County Sheriff's Office is requesting authorization to submit an electronic application for the
U. S. Department of Justice/Office of Justice Programs 2016 Bulletproof Vest Partnership (BVP) Grant. This
grant will provide a critical resource to the Sheriff's Office by covering 50% of the cost of each bulletproof
vest ordered or purchased between April 1, 2016 through August 31, 2018. The estimate amount of this
grant is $50,000. The 50% match requirements is included in the Sheriff's Office budget.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
A grant fund will be established upon approval of the award. The 50% match requirement is included in the
Sheriff's Office budget.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriff's Office
submission of the electronic application for the 2016 Bulletproof Vest Partnership (BVP) Grant offered by
the U. S. Department of Justice/Office of Justice Programs.
COMMISSION ACTION:
Packet Pg. 200
8.0.1
Coordination/Signatures
i
n J. Mrs bra, Sheriff 4/7/2016
i
Danie S. McIntyre, Coz'inty ttorney 4/11/2016
Updated: 4/5/2016 1:02 PM by Charmayne Davis Page 2
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8.O.1.a
Bulletproof Vest Partnership (BVP) Overview
The purpose of the Bulletproof Vest Partnership (BVP) Program is to reimburse states, counties,
federally recognized tribes, cities, and local jurisdictions up to 50% of the cost of body armor vests
purchased for law enforcement officers. Since 1999, over 13,000 jurisdictions have participated in
the BVP Program, with a total of $393 million in federal funds for the purchase of over one million
vests (1,197,348 vests as of December 2014).
I. Eligible Applicants: Any recognized unit of general government (states, counties, federally
recognized tribes, cities, and local jurisdictions) recognized by the U.S. Census Bureau that
employs law enforcement officers. The jurisdiction's chief executive is required to complete the
online registration and to provide general oversight and approval of key transactions between
the BVP Program and the participating law enforcement agencies.
II. Law Enforcement Officer Definition: The term 'Law Enforcement Officer' means any officer,
agent, or employee of a State, unit of local government, or federally recognized tribes authorized
by law or by a government agency to engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal
offenders. This includes full, part-time and auxiliary personnel, whether paid or volunteer.
III. Application Period: The BVP application usually opens in April and closes six weeks from
opening date. The BVP application only opens once per year.
IV. Award Process: When a BVP recipient is notified of an award amount, the funds are not
dispersed until the recipient logs into the BVP site and provides the receipt information for the
vests. Once the payment request is made, BJA reviews the request for accuracy and completes
payments on a monthly schedule.
V. Funds Usage Period: BVP funds will be available for drawdown for two years from the time of
the award announcement.
VI. Small Jurisdiction Priority Funding: Current legislation places the priority on funding
jurisdictions with less than 100,000 residents. Remaining funds are distributed on a pro rata basis
to jurisdictions with over 100,000 residents.
VII. SWAT vests/tactical armor vest eligibility: BVP funds can be used for tactical -level armor,
but for only one vest per officer in a replacement cycle. If the agency purchases a tacticallevel
vest for an officer, it must be the officer's primary vest. The agency cannot then use BVP funds to
purchase a regular duty vest for the same officer during the same replacement cycle.
Vill. Mandatory Wear Policy: BJA will continue the existing policy that requires a written
mandatory wear policy for uniformed patrol officers in place when the FY 2015 BVP applications
are submitted.
Packet Pg. 202
8.O.1.b
Charmayne Davis
From: owner-bvp-list@ojp.usdoj.gov on behalf of BVP <bvp@usdoj.gov>
Sent: Monday, April 04, 2016 5:10 PM
Subject: BVP 2016 Application Announcement
Dear BVP Participant:
The Bureau of Justice Assistance (BJA) is pleased to announce the Fiscal Year 2016 BVP application funding period
Applications for FY 2016 BVP funds will be accepted beginning Monday, April 4, 2016. All applications must be
submitted online at http://www.oap.usdo*.gov/bvpbasi/ by 6:00 pm (e.d.t.), Monday, May 16, 2016.
Important Information Regarding FY 2016 BVP Funds:
1. Jurisdictions receiving funding for reimbursement of body armor purchases must have a written mandatory wear
policy for uniformed patrol officers, in place when the FY 2016 BVP applications are submitted. Please see the BVP
mandatory FAQs for further guidance on this
requirement: http://www.oOP.usdo*.gov/bvpbasi/docs/FAQsBVPMandatoryWearPolicy.pdf
Each vest purchased with FY 2016 funds must meet National Institute of Justice (NIJ) standards on the date it was
ordered and must be American -made. Please see this website for the latest NIJ compliant
vests: https://www.iustnet.org/other/ballistic cpl.html and https://www.mustnet.org/other/stab cpl.html
3. Jurisdictions with more than one law enforcement agency (LEA) associated with the jurisdiction account may not
Z
submit a separate application. Instead, the LEAS associated with jurisdictions with more than one LEA must submit their
E'
own application information and vest needs to the jurisdiction. The jurisdiction will then submit the LEA applications in
E
one submission to BJA.
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4. To ensure that program participants are submitting applications that accurately reflect their vest needs for the next
0
C
two years, please review the program guidance below. Prior to submitting an application for FY 2016 BVP funds:
Q
a. Verify that the number of vests indicated on the application does not exceed actual agency needs. Review
c
g
all currently deployed vests for those that will need to be replaced during the next two years, according to the
replacement cycle indicated on your BVP system profile. Applications for funds should reflect the number of vests your
0.
agency needs to replace within the next two years, and vests for officers your agency anticipates hiring in the next two
a
Q
years. (New hires can be anticipated based on the average number of officers hired over the most recent three years.)
b. Ensure that the application accurately reflects the current market cost for the vests identified on the
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application.
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C. Review previous year(s) BVP funding to identify any unspent funds that might currently be available for
00
BVP needs.
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Your careful attention to actual vest needs will help ensure that all eligible jurisdictions submitting requests will receive
06
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the maximum allowable based on the appropriation and distribution guidelines.
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5. BJA has completed new user guides and training materials for the BVP application process and the payment request
Q
process. Please see the following website for the guides and checklists:
http://o0p.gov/bvpbasi/bvpprogramresources.htm
For questions regarding this email or for assistance with the online application process, please do not hesitate to call the
BVP Help Desk at 1-877-758-3787, or email vests@usdoo.gov.
Packet Pg. 203
8.0.1.b
Sincerely,
The BVP Program Team
Bureau of Justice Assistance
http://www.owp•usdoi.gov/bvpbasi/
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8.S.1
ITEM NO. (ID # 3478)
DATE: 04/19/2016
AGENDA REQUEST *CONSENT AGENDA\UTILITIES
TO: Board of County Commissioners
PRESENTED BY: Laurie Waldie, Utility Director
SUBMITTED BY: Utilities
SUBJECT: Kings Highway/ Indrio Road Intersection Improvements
BACKGROUND:
This amendment is needed to develop a stand-alone set of utility constructions plans to support the
installation of a proposed 24" force main between Seminole Road and Royal Palm Boulevard along Indrio
Road. This force main will install necessary wastewater transmission infrastructure identified in the St.
Lucie County Utilities Master Plan to serve future wastewater customers in the North County Service Area.
By installing the dry lines within the project limits at this time will remove the need for utility construction
at a later date after the road widening is done, and should provide for economies of scale. In addition,
installing the utility concurrently with the roadway improvements has the potential to avoid conflicts with
future franchise utility installations along the Indrio Road corridor.
The additional costs to perform all services shall increase the work authorization in the amount of
$63,665.00
PREVIOUS ACTION:
August 5, 2008 - Work Authorization No. 2 was executed.
May 25, 2010 - 1st Amendment to extend the project schedule was executed.
February 6, 2013 - 2nd Amendment to extend the project schedule was executed.
July 1, 2014 - 3rd Amendment to revise scope of services executed.
September 15, 2015 - 4th Amendment to revise scope of services, reallocate funds and decrease
compensation executed.
FINANCIAL IMPACT:
Sufficient funds are available in the Utilities professional services account 471-3600-531000-300.
RECOMMENDATION:
Staff recommends Board approval of the Fifth Amendment to Work Authorization No. 2 authorizing Kimley-
Horn and Associates, Inc. to provide additional engineering and permitting services concurrently with the
Kings Highway / Indrio Road intersection improvements.
COMMISSION ACTION:
Packet Pg. 205
8.S.1
Coordination/Signatures
Laurie Waldie, Utility Director 4/5/2U16
anie S. McIntyre, C my ttorney 4/6/2016
Updated: 4/6/2016 1:05 PM by Matthew Beard Page 2
Packet Pg. 206
8.S.1.a
COUNTY
F
L
0 R
i D A
PROJ/PROG #44001
FIFTH AMENDMENT TO WORK AUTHORIZATION NO. 02
CONTRACT C07-07-385
THIS AMENDMENT is made as of the day of , 2016 by and
between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as
the "County' and KIMLEY-HORN AND ASSOCIATES, INC. hereinafter referred to as the "Consultant"
WITNESSETH:
WHEREAS, on July 24, 2007, the County entered into a Consulting Agreement (Contract No. C07-
07-385) hereinafter referred to as "Contract" with the Consultant to provide continuing professional
Roadway and Intersection Design; and,
WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as
outlined in this individual work authorization; and,
WHEREAS, on August 5,2008, the parties executed work authorization no. 02 for the project
known as "Kings Highway and Indrio Road Intersection Improvements"; and,
WHEREAS, on May 25, 2010, the parties executed the first amendment to extend the project
schedule; and,
WHEREAS, on February 6, 2013, the parties executed the second amendment to extend the
project schedule; and,
WHEREAS, on July 1, 2014, the parties executed the third amendment to revise the scope of
services, increase the compensation, and extend the project schedule; and,
WHEREAS, September 15, 2015, the parties executed the fourth amendment to revise the scope
of services, reallocate funds within the work authorization, and decrease compensation; and,
WHEREAS, the parties desire to further amend the work authorization to expand the scope of
services, increase the compensation, and extend the project schedule.
NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good
and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are
legally bound, hereby agree as follows:
Page 1 of 3
Packet Pg. 207
8.S.1.a
SERVICES:
The County has determined that it would like to utilize the continual services of the Consultant in
the completion of the Project, to provide professional engineering services for the Project under the
pricing, terms and conditions of the continuing contract (C07-07-385). The additional services to be
provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached
hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached
hereto and made a part of this work authorization and incorporated herein.
2. COMPENSATION:
The additional cost to perform all services as described in the attached Scope of Services shall be
billed on an hourly basis, and shall increase the work authorization in the amount of $63,665.00 (sixty-
three thousand six hundred sixty-five 00/100 dollars), as further detailed in Exhibit "B" for a total work
authorization amount not to exceed $1,154,133.00 (one million one hundred fifty-four thousand one
hundred thirty-three and 00/100).
3. CONTRACT DOCUMENT:
Except as amended hereby, all of the original terms and conditions in the original work
authorization, as amended, and the Continuing Contract shall remain in full force and effect. Any conflict
between the terms and conditions of this work authorization and the terms and conditions of the
Continuing Contract, shall be interpreted in favor of the Continuing Contract.
4. CONSTRUCTION COSTS:
The construction costs of the Project for which Consultant will render the Professional Services
are estimated by the County not to exceed $2,000,000 or any other costs or fees as otherwise described
under the "Consultants Competitive Negotiation Act", (CCNA).
5. TIME OF COMPLETION:
a. It is hereby understood and mutually agreed by and between parties hereto that the time
of completion is an essential condition of this Contract, time being of the essence.
b. Consultant shall commence work per the written Notice to Proceed, and shall completed
all work on or before December 31, 2016, as further described in Exhibit "C".
C. If the work is not fully completed according to the terms of the Contract and within the
time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not
capable of ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated
damages, a sum of one hundred dollars ($100.00) per day for each day following the required completion
date, until the date upon which actual completion occurs.
d. The period herein above specified for project completion may be extended by such time
as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the
County Administrator with the County invoking all rights and remedies thereof.
Page 2 of 3
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8.S.1.a
e. Where any deductions from or forfeitures of payment in connection with the work of this
Contract are duly and properly imposed against the Consultant, in accordance with the terms of the
Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from
any monies due or to become due the Consultant under the Contract; and when deducted, shall be
deemed and taken as payment in such amount.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each
of which shall be considered an original on the following dates.
ATTEST:
DEPUTY CLERK
WITNESSES:
(1)
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FORM AND CORRECTNESS:
COUNTY ATTORNEY
KIMLEY-HORN AND ASSOCIATES, INC.
BY:
(2) PRINT NAME:
TITLE:
Page 3 of 3
Packet Pg. 209
8.S.1.b
Kimley>>>Horn
March 24, 2016
Matthew Hammond, P.E.
Utility Engineer
St. Lucie County Utilities
2300 Virginia Ave.
Ft. Pierce, FL 34982
RE: Proposed Utility Supplement
Kings Highway / Indrio Road Intersection Improvements
Amendment No. 5 to Contract 07-07-385
Dear Mr. Hammond:
We are pleased to submit to you this amendment associated with the Kings Highway
and Indrio Road intersection improvements. This amendment is needed to support
the construction of a proposed 24" force main along Indrio Road within the limits of
the County's overall Kings Highway and Indrio Road Intersection Improvement
project. In addition, a permit application fee task has been added that enables the
ENGINEER to pay permit application and review fee costs directly to the respective
review agency.
We appreciate this opportunity to work with St. Lucie County and look forward to
moving design of this project to completion. Should you have any questions, please
feel free to contact me at 772-794-4083.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Brian A. Good. RE.
Senior Vice President
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8.S.1.b
Kimley»>Horn
EXHIBIT A
PROJECT DESCRIPTION AND SCOPE
SECTION I - PROJECT LIMITS AND DESCRIPTION
Amendment No. 5
Page 2 of 5
This amendment is needed to develop a standalone set of utility construction plans
to support the installation of a proposed 24" force main between Seminole Road and
Royal Palm Boulevard along Indrio Road, approximately 4,000 linear feet. As this
force main is a planned master plan County utility improvement, the County desires
to design, permit and bid the construction of this utility line concurrently with the
pending intersection improvements to avoid future restoration costs associated with
installing this utility line after the roadway improvements have been completed. In
addition, installing the utility concurrently with the roadway improvements has the
potential to avoid conflicts with future franchise utility installations along the Indrio
Road corridor.
SECTION II - COUNTY OBLIGATIONS
The COUNTY agrees to provide (in a timely manner) the following material, data, or
services as required in connection with the work to be performed under this
Agreement; all of which information the ENGINEER may use and reasonably rely
upon:
G. The COUNTY will pay for all permit fees, unless specifically identified to be paid
by the ENGINEER.
SECTION III - SCOPE OF SERVICES
The ENGINEER agrees to perform professional roadway design and related
services in connection with the project as required and set forth in the following:
A. Utility Design:
The ENGINEER will evaluate alternative routes to construct the proposed 24"
force main along Indrio Road to minimize conflicts with existing utilities, proposed
utilities, minimize future costs associated with maintenance activities and
minimize installation costs. The ENGINEER will present available alternative
routes to the COUNTY to obtain a preferred utility installation route.
• , ,Packet Pg. 211
8.S.1.b
Kimley=>>Horn
Amendment No. 5
Page 3 of 5
The ENGINEER will utilize the St. Lucie County Utility Utilities Design Criteria
and Technical Specifications, as well as the Florida Department of Transportation
(FDOT) Utility Accommodation Manual as the basis for design and evaluating
acceptable alternative utility routes.
B. Utility Plans:
Based upon the COUNTY approved preferred utility route, the ENGINEER shall
develop construction and specification documents necessary to permit, bid and
construct the proposed utility improvements. The ENGINEER will submit the
plans (one hard copy and a digital pdf format) to the COUNTY for review at 30%,
60% and 90% plan completion for COUNTY review and comment. The
ENGINEER will submit an opinion of probable construction cost along with each
plan submission, in addition the ENGINEER will submit project specifications at
90% plan submittal.
The construction plans are understood to consist of an independent construction
plan set separate and apart from the roadway construction plan set, such that the
County may bid the improvements concurrently with the roadway construction
plans.
C. Jurisdictional Permits:
The ENGINEER will prepare and submit on behalf of the County applications,
plans and specifications required to support the installation of a 24" force main
along Indrio Road to FDOT, Ft. Pierce Farms Water Control District (FPFWCD)
and the Florida Department of Environmental Protection (FDEP).
The ENGINEER will pay the FDEP General Permit for Constructing A
Domestic Wastewater collection / Transmission System application fee of
$250 to support the application submitted to FDEP on behalf of the
COUNTY. All other permit application and agency review fees will be paid
by the COUNTY.
• I Packet Pg. 212
8.S.1.b
Kimley»>Horn
EXHIBIT B
COMPENSATION
Amendment No. 5
Page 4of5
The COUNTY agrees to pay and the ENGINEER agrees to accept for services
rendered pursuant to fees in accordance with the following:
A. Professional Services Fee: The basic compensation mutually agreed upon by
the ENGINEER and the COUNTY follows:
Hourly Not -to -Exceed Tasks
Task Description Fee
Utility Design $ 19,725
Utility Plans $ 30,880
Jurisdictional Permits $ 13,060
Task Fee Totals = $63,665
imley-horn.com 1445 24th Street, Suite 200, Vero Beach, FL 32— 772 794 41 nn
8.S.1.b
Kimley=>>Horn
EXHIBIT C
SCHEDULE
Amendment No. 5
Page 5of5
Upon authorization to proceed by the COUNTY, final design documents are
expected to take approximately six (6) months from the Notice to Proceed (NTP).
SECTION IV - TIME FOR COMPLETION
NTP
30% Design Drawings
60% Design Drawings
Permit Submittals
90% Design Drawings
Final Design Drawings
Upon BOCC Approval
1 months following
NTP
3 months following
NTP
4 months following
NTP
5 months following
NTP
6 months following
NTP
All work shall be completed on or before December 31, 2016
• I Packet Pg. 214
8.S.1.c
Summary
Project Name Kings Highway/ Indrio Road - SLC Utility Amendment
Task Summary Manhours for project
Task
SLC Hourly Rates
QA/QC
Manager
$204.16
Project
Manager
$163.32
Project
Engineer
$139.77
Enviro
Prof.
$114.65
Analyst
$102.86
Technician
$113.87
Clerical Remarks
$61.64
Design Analysis
2
54
46
0
30
0
16
Utility Plans
6
17
44
0
41
145
0
Permiting
2
22
32
0
0
24
26
Total Hours =
Labor Fee =
10
$2,042
93
$15,189
122
$17,052
0
$0
71
$7,303
169
$19,244
42
$2,589
Total Labor Fee =
FDEP Permit Application Fee =
Total Fee =
$63,418
$250
$63,668 Use $63,665
Kings_Indrio Amendment No 5 Manhour Est (Rev 1).xls Page 1
Packet Pg. 215
8.S.1.c
Design Analysis
Activity: Design Analysis / Review
Task QA/QC Project Project Enviro Analyst Technician Clerical Remarks
Manager Manager Engineer Prof.
Contract File
2
4
Cost Estimate
2
8
4
Cost est. conducted at 30%, 60%, 90% and Finals
Coordination
St Lucie County
20
4
Three review submittals to County
FDOT
20
10
10
4
Project Specifications
4
20
4
Specifications Section 300
Computation Book & Quantities
2
8
16
QC/QA
2
Project Management
4
Subtotal 2 54 46 0 30 0 16
..
a
Page 2
Packet Pg. 216
8.S.1.c
Utility Plans
Activity: Roadway Plans
Task QA/QC Project Project Enviro Analyst Technician Clerical Remarks
Manager Manager Engineer Prof.
Cover Sheet
2
4
Typical Section and Notes
2
2
8
Summary of Quantities Sheet
4
4
12
Plan/Profile Sheets
Kings Hwy
0
0
0
0
Indrio Road
5
14
19
58
8 sheets at 12 hrs/sht
Cross Sections
Kings Hwy
0
0
0
0
Indrio Road
4
12
16
47
Sections (52) @ 1.5 hrs per
Miscellaneous Const. Details
4
10
16
QC/QA
6
Project Management
4
Subtotal 6 17 44 0 41 145 0
96
78
..
a
Page 3
Packet Pg. 217
8.S.1.c
Activity: Permiting
Task
QA/QC
Manager
Project
Manager
Project Enviro
Engineer Prof.
Analyst Technician
Clerical Remarks
Permit Package
FDOT
2
4
4
FDEP
2
4
4
FPFWCD
2
2
Request for Information
FDOT
6
8
8
8
FDEP
2
8
8
4
FPFWCD
4
8
8
4
QC/QA
2
Project Management
4
Subtotal
2
22
32 0
0 24
26
Permits Required
FDOT Utility Permit
FDEP Domestic Wasterwater Collection/ Transmission System
Ft. Pierce Farms Right of Way Use Permit
Packet Pg. 218
9.A.1
ITEM NO. (ID # 3377)
J.JJ ( - I I -- -i,5
COUNTY
' R I ` A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY: Katherine Barbieri, Asst. County Attorney
SUBMITTED BY: County Attorney
DATE: 04/19/2016
*PUBLIC HEARINGS\COUNTY
ATTORNEY
SUBJECT: Request for an Order, pursuant to Article VII, Division 2 (Unsafe Buildings
and Structures) of the St. Lucie County Code of Ordinances and Compiled
Laws, to demolish the unsafe structure at 117 Hilton Drive, Fort Pierce, FL
BACKGROUND:
Under the provisions of Section 7-42 of Appendix A Local Acts of the St. Lucie County Code of Ordinances
and Compiled Laws, the building located at 117 Hilton Drive, Fort Pierce, FL (the "Property") was inspected
by the Building Official on December 18, 2015; where it was determined to be manifestly unsafe and
unsanitary for use as a single family dwelling. The building in its current condition constitutes a public
nuisance. Please see photographs and a copy of the Building Official Report attached describing the
condition of the building.
PREVIOUS ACTION:
On January 5, 2016, the Board of County Commissioners declared the building to be unsafe and constitutes
a nuisance and authorized a public hearing to be held to consider appropriate action to abate the safety
hazard. To date, no permits have been applied for to bring this structure up to code. All interested parties
have been notified that a public hearing would be held to determine what further action should be taken,
which may include an Order to demolish the structure and place a lien on the property.
FINANCIAL IMPACT:
102-2415-534000-200
RECOMMENDATION:
Staff recommends that the Board give the Code Enforcement Department permission to proceed to use the
lowest bidder to demolish the structure and clean the property of all junk, trash and debris, and assess the
entire cost of such demolition against the real property which shall constitute a lien payable to St. Lucie
County, Pursuant to the provisions of Section 7-42 of the St. Lucie County Code of Ordinances and Compiled
Laws.
COMMISSION ACTION:
Packet Pg. 219
9.A.1
Coordination/Signatures
11��d N09
anie 5. McIntyre, C my ttorney 4/6/2016
Updated: 4/6/2016 8:15 AM by Carol Bishop Page 2
Packet Pg. 220
9.A.1.a
PLANNING & DEVELOPMENT
BOARD OF SERVICES DEPARTMENT
COUNTYCOUNTY
COMMISSIONERSr t 0 , Building &Code Regulation
Division
WELDING OFFICIAL REPORT
December 18, 2015
American Pride Properties LLC
940 Centre Cir., Ste. 2005
Altamonte Springs, FL 32714
Re: 117 Hilton Dr., Ft. Pierce, Florida
To Whom It May Concern:
Pursuant to the provisions Appendix A- Local Acts, Article VII Division 2 (Unsafe Buildings and
Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, the St. Lucie County
Building Official has determined the structure located at 117 Hilton Dr., Ft. Pierce, FL is
damaged, deteriorated or defective to such an extent that the cost of restoration of repair thereof
will exceed fifty (50) per cent of the value thereof after restoration or repair. The significantly
damaged building is manifestly unsafe and unsanitary for use as a single family dwelling. This
building in its current condition constitutes a public nuisance.
Specific conditions which exist includes: Back of house the wall sheathing is missing and it a
appears there was a fire in that section at one time. The rest of the home has had all the
electrical wiring and fixtures removed, plumbing including all copper and futures removed, ~
r`
M
all cabinets removed, part of the doors removed, windows broken out, and drywall removed
from walls and ceilings. The roof sheathing had rotten out in places.
tv
The property must be brought into compliance by demolishing the structure within thirty (30) days
or this property will be brought beforc the Board of County Commissioners for condemnation ;g
consideration. If you need to discuss this matter further, you can reach me at (772) 462-1553. Q
c you fo ur time, M
M
ttf
Carl Peterson
Building Code Administrator
CHRIS DZADOVSKY, District No I - TOD MOWERY, Dutnct No. 2 - PAULA A. LEWIS, District No. 3 - FRANNIE HUTCHINSON, District No. 4 - KIM JOHNSON, Dimict No 5
Webslte. www.etlut:ieco-oov
23DO Virginia Avenue - Fort Pferoe, FL, 34982-%52
Phone (772) 462-1553 FAX (772) 462-1576
Packet Pg. 221
Property Card
9.A.1.a
Site Address: 117 HILTON DR
Sec/Town/Range: 32/34S/40E
Map ID: 14132S
Zoning: RS4
Ownership
American Pride Properties LLC
940 Centre Cir Ste 2005
Altamonte Sprinp. FL 32714
Property Identification
Parcel ID: 1432-805-0030-000.0
Account k: 11113
Use Type: 0100
Jurisdiction: Saint Lucie Count
Legal Description
SHERATON PLAZA UNIT 2 REPLAT LOT30 (OR 3528-2359)
Current Values
Just/Market Value: $43.900
Assessed Value: S38.280
Exemptions: SO
Taxable Value: S38.280
Taxes for this parcel: SLC Tax Collector's Ofi'we 12
Download TRIM for this parcel: Download PDF O
Date Book/Page
Jun 13. 2013
3528/2359
Dec 20, 2001
1474 / 0382
Jul 5, 2001
1413 / 0373
Apr 18.2001
1384 / 0010
Jan 1, 1900
View:
Building Type: HD+
Grade: D+
Story Height: I Ston
Bedrooms: 3
Full Baths: I
Half Baths: I
A/C %: 1001/6
Total Areas
Finished/Under Air (SF): 1.926
Gross Area (SF): 2.343
Land Size (acres): 0.19
Land Size (SF): 8.250
Sale History
Sale
Deed Grantor
Price
Code
0111
TD Roberts (EST)Jesse J
S8.100
00
WD Di Francesco.Steven
S60.000
01
SP Bankers Trust Co.
S 19.000
01
CT Bell.Wanilla A
$39.400
SO
Building Information (1 of 1)
Finished Arcs: 1.826 SF
Gross Total Area: 2.343 SF
Exterior Data
Roof Cover: Fibrglss Shg
Roof Structure: Gable
Year Built: 1971
Fie:
Effective Year: 1971
Primary Wall: Conc Block
No. Units: I
Secondary Wall:
Interior Data
Electric: MAXIMUM
Primary Int Wall:
Heat Type: FrcdHotAir
Avg Hgt/Floor: 0
Heat Fuel: ELEC
Priman Floors: Titc-Ceramic
Heated %: 1001/9
Sprinkled %: Vi
http://www.paslc.org/RECard/ 12/18/2015
Packet Pg. 222
Property Card
9.A.1.a
Ppge 2 of 3
.r J
LL
W
V
Mr � tJ, ry
Sketch Area legend
Sub Area
Description
Area
Fin. Area
Perimeter
BAS
BASE AREA
1826
1826
208
CLPA
Closed Porch Average
312
0
76
CLPL
Closed Porch Low
64
0
32
OPAA
Open Porch Attached Average
69
0
58
URAA
Utility Room Attached Average
72
0
36
Special Features and Yard Items
Type
Qq Units Year Bit
Driv-Concret
1 500 1971
WOOD FEN 6'
1 240 2004
Current Year Values
Current
Values Breakdown
Current Year Exemption Value Breakdown
Tax Grant Code Description Amount
Building:
S40,6M
Year Year
Land:
S3,300
Just/Market:
S43,900
Ag Credit:
$0
Save Our Homes or
S5,620
I0a/e Cap:
Assessed:
S38,280
Exemption(s):
So
Taxable:
$38.280
Current Year Special Assessment Breakdown
Stan Year
AssessCode
Units Description Amount
2009
2009
12 County Solid Waste S252.06
2010
9007
1 Sheraton Plaza Street Lights S21.59
This does not necessarily
represent the total Special Assessements that could be charged against this property. The total amount
charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tar
Coikaoes Office 0.
Year
2015
2014
2013
2012
Historical Values
JustiMarkel Assessed
$43,900 S38,280
S34.800 S34,800
$33.100 S33,100
S33.900 $33,900
Exemptions Taxable
So S38,280
SO S34.800
SO S33,100
SO S33,900
http://www.paslc.org/RECard/ 12/1 S/2015
Packet Pg. 223
Property_ Card
4
9.A.1.a
Page 3 of 3
Number Date Description Amount Fee
C91-01945 Apr 18. 1991 Additions to S3.000 S3.000
existing
connstructKm
C93-02152 Apr 29. 1993 Additions to $7,056 $7.056
existing
construction
C05110045 Feb 20.2006 Wood Fence S5110 SO
Notice: This does not necessarily represent all the permits for this propeny
Click the following link to check for additional permit data in Saint Lucie Conant)
This information is believed to be correct at this time but it is subject to change and is not warranted.
C Copyright 2015 Saint Lucie County Propem Appraiser. All rights reserved.
http://www.paslc.org/RECard/
12/18!201 5
Packet Pg. 224
Bill historn -Real Estate Account at 1171IILTON DR. Saint Lucie Count} 34950 - TaxS... Page 1 of 2
CHRIS CRAFT ►.,,ra.,,.,
TAX COLLECTOR
)T, LUCIL COUNTY
Bill History — Real Estate Account At 117 HILTON DR Saint Lucie County 34950 F1-1 th. I
Real Estate Account 11432-805-0030-00010 j_ Parcel details L_ Latest bill � Full bill history
-,_ Get Bills by Email
Amounts as of 72/1612015
Pay all: $3,305.76
Bill
Balance
2015 Annual Bill
E1,068 17
13 Print (PDF)
Pay this bill: $1,068.17
`. 2014 Annual Bill
$1,137.29
13 Print (PDF)
Pay this bill: $1,137.29
Issued certificate 87"
Face $1.077 18
061'01/2015
Certd-cate Issued
Rate 0.25%
0412812015
Advertisement file created
2013 Annual Bill
51,10030
Q Print (PDF)
Pay this bill::1,100.30
Issued certificate a637
Face $1,041.95
06/012014
Certificate issued
Rate 0 25%
D4/292014
Advertisement toe created
`.. 2012 Annual Bill
Ta• Deed (see 2009)
Prim ow)
Tax Deed Application e2012-0506
`
06110,7013
Deed sale
031142013
Deed certified
I1/302012
Deed applied
2011 Annual Bill
Tax peed (see 2009)
Q - Print (PDF)
Tax Deed Application 92012-05D6
061102013
Deed sale
03/14r2013
Deed certified
I lr302012
Deed applied
2010 Annual Bill
Tax Deed (see 2009)
Q Pabt(POF)
Tax Deed Application 02012-0506
06/102013
Deed sale
03/142013
Deed certified
111`301012
Deed applied
2009 Annual Bill
$0.00
Q Print (POF)
Tax Deed Application 92012-0506
06/102013
Deed sale
03/142013
Deed certified
11r302012
Deed applied
2009 Installment Bill N
Tax Deed (see 2009)
Q - Print (PDF)
` 2008 Installment Bin 83
Tax Deed (see 2009)
Q Print (PDF)
20,09 Installment Bill 92
Tax Deed (see 2009)
Q Print (PDF)
L 2009 Installment Bill e1
Tax Deed (see 2D09)
D6/302008
Paid E 138 39 Receipt 009-20080630-007754 Q - Print (PDF)
iJ Tax Deed Application e2012-0506
06/102013
Deed sale
03/142013
Deed certified
11t302012
Deed applied
Paid $130.39
2007 Installment Bill i4
$0.00
05/142008
Paid $156 33 Receipt *02-20050514-005372 Q Print (PDF)
Total Balance
$3,305.76
Pay all: $3,305.76
https:'/H-"-�%,.stlucie.county-taxes.com'publiclreal_estate%parcels11432-805-0030-000-0/bills 12/18/2015 1 P 0
Packet Pg. 225
9.A.1.a
Bill history - Real Estate Account at 117 HILTON DR, Saint Lucie County 34950 - TaxS... Page 2 01'2
Pay all: $3,305.76
Bin
Balance
L 2007 Installment Bill e3
$000
05/14!2006
Paid $137 10 Receipt 1102.2D080514-005372
p Print (PDF)
LL
' 2007 Installment Bill e2
$000
09111QO07
Paid $150 26 Receipt #02 20070911-007812
0 Print (PDF)
tv
2007 Installment Bill 91
$000
071261007
Paid $16521Receipt 002-20070726-007153
0 Print (PDF)
2
Paid $606.90
d
.. 2006 Installment Bill e4
$000
06/121007
Paid $150 M Receipt 009.20070612-006075
0 Print (PDF)
t+
2006 Installment Bill e3
$000
02/12/'2007
Paid $107 67 Receipt et 8-200702124)05466
0 Print (PDF)
0
LL
2006 Installment Bill e2
$000
091052006
Paid $197 66 Receipt e6 20060905-2361
0 Print (PDF)
0j
L 2006 Installment Bill 81
$000
O6130/2006
Paid $194 56 Receipt e7-20060630-1466
13 Print (PDF)
Redeemed certificate 03300842
Face $137 47
06/12/2007
Certificate redeemed
Rate 4 75%
06/01/2007
Ceridicale issued
O
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05/01/2007
Advertisernentfile created
=
Paid SM.s2
ti
_ 2005 Installment Bill 04
$000
01/27/2006
Paid $204 80 Receipt a4-20060127-5277
0 P"wat"awl
�
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12/15!2005
Paid $6.33 Receipt 1155 D051215-543
.e+
2005 Installment Bill e3
s0 00
12/15/2005
Paid $407.58 Receipt 021-20051215-383
0 Print (PDF)
L
L 2005 Installment Bill 02
$000
0 Print (PDF)
7
L 2005 Installment Bill e1
$0.00
0612OR005
Paid $190,70 Receipt a'9-20050620-6360
0 Print (PDF)
Paid 61,012.36
+L+
` 2004 Installment Bill s4
$000
03/ MOD5
Paid $247 42 Receipt 1r9. 20050317-4631
0 Print (PDF)
T
2004 Installment Bill 03
SON)
12/27I2004
Paid S240 01 Receipt e7-20041227-654
0 Print (PDF)
W
2004 Installment Bill e2
$000
09/20/2004
Paid $151 19 Receipt e7-20040920-1646
0 Print (PDF)
2004 Installment Bill e1
$0 00
06/JOr4N
Paid $148 81 Receipt e4-2D040630.14350
0 Print (PDF)
M
Paid $787.43
N
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` 2003 Installment Bill a4
$000
03)32/2004
Paid $171 20 Receipt 89 20040302-0759
0 Print (PDF)
Effective 02/27/7004
d
2003 Installment Bill e3
$0 DO
12729/2003
Paid 1166 07 Receipt e9-20031229-A657
0 Print (PDF)
o
2003 Installment Bill 02
$000
09I0512003
Paid $138 86 Receipte3-20030905-2637f
0 Print (PDF)
+0+
`
2003 Installment Bill 01
$000
06/3 =3
Paid $136 69 Receipt 84-20030630-25890
0 Print (PDF)
_.
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Paid $612.84
- .N
A
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2000 Annual Bill
$000
O7102/2001
Paid 51.229 22 Receipt e9-20010702-20219
0 Print (PDF)
j., Redeemed certificate *566
Face $1.164 73
07102=01
Certificate redeemed
Rate 7 755E
08ip1/2001
Certificate issued
F1
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I0 00
07/02/2001
Paid I611 37 Recelptt9-20010702-2032C
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Face $520 16
07i02=1
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Rate 141E
O6M 112000
Certificate issued
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04/2372000
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$3.305 76
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10.A.1
ITEM NO. (ID # 3492)
COUNTY
' R I ` A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY: Daniel S. McIntyre, County Attorney
SUBMITTED BY: County Attorney
DATE: 04/19/2016
*REGULAR AGENDA\COUNTY
ATTORNEY
SUBJECT: St. Lucie County vs. Department of Juvenile Justice - Authorizing the County
Attorney to Dismiss Pending Litigation Against the Department of Juvenile
Justice and sign a Waiver and Release of Existing and Future Claims
BACKGROUND:
St. Lucie County had previously instituted three separate administrative challenges to the end of year
reconciliation prepared by the Department of Juvenile Justice ("DJJ") as to the County's purported share of
the costs for secure juvenile detention. These four years are for fiscal years 09-10, 10-11, 11-12 and 12-13.
Each of these was based upon a rule that was adopted in 2010 by DJJ which was ultimately invalidated by
the Administrative Law Judge and that was upheld on appeal. Following remand from the appeal on the
rule challenge, DJJ entered into a Joint Stipulations of Fact and Procedure to resolve the three
administrative challenges. Those stipulations established that St. Lucie County had overpaid the following
amounts to DJJ:
FY 09-10 $1,436,521.82
FY 10-11 $900,090.51
FY 11-12 $645,087.93
FY 12-13 $935,220.40
TOTAL $3,916,920.66
The Joint Stipulation was submitted and approved by the Administrative Law Judge and all that was left to
be done was that DJJ was to enter a final order incorporating the Joint Stipulation of Facts and Procedures.
On January 9, 2015, DJJ entered a Final Order for each of those fiscal years but ignored their stipulation and
the agreement and recalculated those amounts based upon a rule that was adopted in 2014 (and which is
being challenged). In addition to the appeals referenced above, St. Lucie County filed an action in Circuit
Packet Pg. 234
10.A.1
Court against DJJ seeking a refund for amounts owed to the County as well as contesting the reconciliation
for FY 12-13 and FY 14-15. DJJ continues to refuse to reimburse the overpayments.
Chapter 2016-152, Laws of Florida
Attached is a copy of Chapter 2016-152, Laws of Florida ("Laws"), which was signed into law on March 29,
2016. The Law changes the formula for funding juvenile detention to 50% County - 50% State. The
proposed change results in a significant savings to Counties as the current formula is 57% Counties - 43%
State. For the 2016-17 fiscal year, the Bills provide that the Counties would pay a percentage share of $42.5
million (the current amount is $56 million). Under this scenario, St. Lucie County will save $368,444.23 in
fiscal year 16-17. (Copy of DJJ cost sharing model prepared by the Florida Association of Counties is
attached.) In addition the Law provides that the Counties share would be calculated based on actual costs
of the prior year. Currently, the Counties share is calculated based on estimates.
The Law requires that all (non fiscally restrained) counties that have pending administrative or judicial
claims or challenges, file a notice of voluntary dismissal with prejudice to dismiss all actions against the
state (or state agency) related to juvenile cost sharing. The Law also requires that all counties must execute
a release and waiver of any existing or future claims and actions arising for detention cost share prior to the
2016-2017 fiscal year.
Discussion
Criminal Justice Coordinator Mark Godwin has attempted to analyze the financial impact of the Law to St.
Lucie County. According to Mr. Godwin, St. Lucie County would save $368,444.23 in fiscal year 16-17. Mr.
Godwin estimated that St. Lucie County would save at least $200,000.00 per year for future years assuming
the per bed day cost did not increase.
Staff has drafted a Notice of Voluntary Dismissal and a Waiver and Release, which, if signed, would dismiss
pending litigation against DJJ. The draft Waiver and Release releases existing and future claims against the
State for detention costs prior to the 2016-2017 state fiscal year. The Release is conditional upon DJJ's
compliance with the Law, which mandates that DJJ may not seek reimbursement from counties complying
with the Law for any underpayment for cost -sharing requirements occurring before the 2016-2017 state
fiscal year. For St. Lucie County, this means that the County should not be responsible for the DJJ FY14/15
invoice in the amount of $231,701.91 (see copy of April 7, 2016 memorandum from Mark Godwin, a copy
of which is attached).
PREVIOUS ACTION:
On January 26, 2016, the Board determined not to authorize final reconciliation of the FY14/15 invoices
from DJJ. On February 9, 2016, the Board adopted a resolution authorizing dismissal of pending litigation
if certain laws were passed.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board direct the County Attorney (or designee) to file the Notice of Voluntary
Dismissal with prejudice in all pending cases against DJJ and sign the Waiver and Release.
Updated: 4/12/2016 9:20 AM by Carol Bishop Page 2
Packet Pg. 235
10.A.1
COMMISSION ACTION:
Coordination/Signatures
anie S. McIntyre, C my ttorney 4/12/2016
Updated: 4/12/2016 9:20 AM by Carol Bishop Page 3
Packet Pg. 236
I 10.A.1.a I
RELEASE AND WAIVER IN COMPLIANCE
WITH CHAPTER 2016-152, LAWS OF FLORIDA (2016)
Pursuant to the provisions of Chapter 2016-152, Laws of Florida (2016),
signed into law on March 29, 2016, and creating section 985-6865, Florida
Statutes, ST. LUCIE COUNTY ("the County") hereby releases and waives any
existing or future claims and actions against the state or any state agency arising
from detention cost share prior to the 2016-2017 state fiscal year. Such release and
waiver is specifically conditioned upon the Department of Juvenile Justice's ("the
Department") compliance with the provisions of section 985.6865(2), Florida
Statutes, which mandates that the Department may not seek reimbursement from
counties complying with this subsection for any underpayment for any cost -sharing
requirements occurring before the 2016-2017 state fiscal year; the County does not
release or waive any existing or future claim or action regarding any failure of the
Department to comply with the same.
am
Printed Name:
Position/Title:
Dated:
Packet Pg. 237
10.A.1.b
NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE
Plaintiffs, ST. LUCIE COUNTY, by and through their undersigned counsel,
and pursuant to Chapter 2016-152, Laws of Florida (2016), signed into law on
March 29, 2016, hereby file their Notice of Voluntary Dismissal with Prejudice
Each side shall bear their own attorney's fees and costs.
Packet Pg. 238
10.A.1.c
CHAPTER 2016-152
Committee Substitute for Senate Bill No. 1322
An act relating to juvenile detention costs; creating s. 985.6865, F.S.;
providing legislative findings and intent; defining terms; requiring certain
counties that are not fiscally constrained counties to each pay to the
Department of Juvenile Justice its annual percentage share of specified
amounts for specified fiscal years; requiring such counties to pay its
annual percentage share of the specified amounts in 12 equal payments
beginning on a specified date; creating the methodology by which the
department determines the percentage share for each county; providing
an expiration date; requiring the state to pay all costs of detention care for
juveniles residing in a fiscally constrained county, residing out of state,
and residing in state detention centers in counties that provide their own
detention care for juveniles; requiring a county that is not fiscally
constrained county to incorporate into its annual budget sufficient
funds to pay its annual percentage share; requiring certain funds to be
deposited into the Shared County/State Juvenile Detention Trust Fund;
requiring the department to determine certain compliance on a quarterly
basis; exempting certain funds collected from specified service charges;
providing rulemaking; amending ss. 985.6015 and 985.688, F.S.; con-
forming provisions to changes made by the act; providing appropriations;
providing effective dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 985.6865, Florida Statutes, is created to read:
985.6865 Juvenile detention.—
(1) The Legislature finds that various counties and the Department of
Juvenile Justice have engaged in a multitude of legal proceedings regarding
detention cost sharing for juveniles Such litigation has largely focused on
how the Department of Juvenile Justice calculates the detention costs that
the counties are responsible for paying leading to the overbilling of counties
for a period of years Additionally, litigation pending in 2016 is a financial
burden on the taxpayers of this state.
(2) It is the intent of the Legislature that all counties that are not fiscally
constrained counties and that have pending administrative or Judicial
claims or challenges file a notice of voluntary dismissal with prejudice to
dismiss all actions pending on or before February 1, 2016, against the state
or any state agency related to juvenile detention cost sharing. Furthermore,
all counties that are not fiscally constrained shall execute a release and
waiver of any existing or future claims and actions arising from detention
cost share prior to the 2016-2017 fiscal year. The department may not seek
reimbursement from counties complying with this subsection for any
1
CODING: Words stfieken are deletions; words underlined are additions.
Packet Pg. 239
10.A.1.c
Ch. 2016-152 LAWS OF FLORIDA Ch. 2016-152
underpayment for any cost -sharing requirements before the 2016-2017 N
fiscal year.
y
(3) As used in this section, the term:
0
0
r
(a) "Detention care" means secure detention and respite beds for
r-
0
juveniles charged with a domestic violence crime.
N
Ch
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L
(b) "Fiscally constrained county" means a county within a rural area of
a
opportunity as designated by the Governor pursuant to s. 288.0656 or each
county for which the value of a mill will raise no more than $5 million in
y
revenue, based on the certified school taxable value certified pursuant to s.
1011.62(4)(a)l.a., from the previous July 1.
a�
(c) "Total shared detention costs" means the amount of funds expended
3
by the department for the costs of detention care for the prior fiscal year.
This amount includes the most recent actual certify forward amounts minus
°
r
any funds it expends on detention care for juveniles residing in fiscally
constrained counties or out of state.
L
Q.
(4)(a) Notwithstanding s 985.686 and for the 2016-2017 state fiscal year,
o
each county that is not a fiscally constrained county that has taken the
action fulfilling the intent of this legislation as described in subsection (2)
shall pay to the department its annual percentage share of $42.5 million. By
3
June 1, 2016, the department shall calculate and provide to each county that
0
is not a fiscally constrained county its annual percentage share by dividing
°
the total number of detention days for juveniles residing in that county for
J
the most recently completed 12-month period by the total number of
detention days for juveniles in all counties that are not fiscally constrained
counties during the same period Beginning July 1, 2016, each such county
04
shall pay to the department its annual percentage share of $42.5 million,
M
which shall be paid in 12 equal payments due on the first day of each month.
The state shall pay the remaining actual costs of detention care. This
o
paragraph expires June 30, 2017.
U-
(b) Notwithstanding s 985 686, for the 2017-2018 fiscal year, and each
0
fiscal year thereafter, each county that is not a fiscally constrained county
J
and that has taken the action fulfilling the intent of this section as described
N
in subsection (2) shall pay its annual percentage share of 50 percent of the
LO
total shared detention costs By July 15, 2017, and each year thereafter, the
department shall calculate and provide to each county that is not a fiscally
N
constrained count its annual percentage share by dividing the total number
w
of detention days for juveniles residing in the county for the most recently
completed 12-month period by the total number of detention days for
juveniles in all counties that are not fiscally constrained counties during the
same period The annual percentage share of each county that is not a
a
fiscally constrained county must be multiplied by 50 percent of the total
o
shared detention costs to determine that county's share of detention costs.
Beginning August 1 each such county shall pay to the department its share
E
of detention costs, which shall be paid in 12 equal payments due on the first
2
a
CODING: Words str-ieken are deletions; words underlined are additions.
Packet Pg. 240
10.A.1.c
Ch. 2016-152 LAWS OF FLORIDA Ch. 2016-152
day of each month The state shall pay the remaining actual costs of
detention care.
(5) The state shall pay all costs of detention care for juveniles residing in
a fiscally constrained count and for juveniles residing out of state. The state
shall pay all costs of detention care for juveniles housed in state detention
centers from counties that provide their own detention care for juveniles.
(6) Each county that is not a fiscally constrained county and that has
taken the action fulfilling the intent of this section as described in subsection
(2) shall incorporate into its annual county budget sufficient funds to pay its
annual percentage share of the total shared detention costs required by
subsection (4).
(7) Funds paid by the counties to the department pursuant to this section
must be deposited into the Shared County/State Juvenile Detention Trust
Fund.
(8) The department shall determine each quarter whether the counties
are remitting funds as required by this section.
(9) Funds received from counties pursuant to this section are not subject
to the service charges provided in s. 215.20.
(10) The department may adopt rules to administer this section.
Section 2. Subsection (2) of section 985.6015, Florida Statutes, is
amended to read:
985.6015 Shared County/State Juvenile Detention Trust Fund.—
(2) The fund is established for use as a depository for funds to be used for
the costs of predispesitjuvenile detention. Moneys credited to the trust
fund shall consist of funds from the counties' share of the costs for
predispesijuvenile detention.
Section 3. Paragraph (a) of subsection (11) of section 985.688, Florida
Statutes, is amended to read:
985.688 Administering county and municipal delinquency programs and
facilities.—
(11)(a) Notwithstanding the provisions of this section, a county is in
compliance with this section if:
1. The county provides the full cost for preadjudieation detention for
juveniles;
2. The county authorizes the county sheriff, any other county jail
operator, or a contracted provider located inside or outside the county to
provide detention care for juveniles;
3
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Packet Pg. 241
Ch. 2016-152 LAWS OF FLORIDA Ch. 2016-152
10.A.1.c
3. The county sheriff or other county jail operator is accredited by the
Florida Corrections Accreditation Commission or American Correctional
Association; and
4. The facility is inspected annually and meets the Florida Model Jail
Standards.
Section 4. Effective July 1, 2016, for the 2016-2017 fiscal year, the sum of
$7 3 million in recurring funds and the sum of $3 5 million in nonrecurring
funds is appropriated from the General Revenue Fund to the Department of
Juvenile Justice for the purpose of implementing s. 985.6865, Florida
Statutes as created by this act These funds supplement the funds
appropriated to the department in the 2016-2017 General Appropriations
Act to pay the state's costs for juvenile detention.
Section 5. Except as otherwise provided in this act, this act shall take
effect upon becoming a law.
Approved by the Governor March 29, 2016.
Filed in Office Secretary of State March 29, 2016.
4
CODING: Words str-ieken are deletions; words underlined are additions.
Packet Pg. 242
10.A.1.d
Daniel McIntyre
From: Mark Godwin
N
Sent: Thursday, April 07, 2016 4:47 PM 2
To: Daniel McIntyre W
Cc: Carlene Busse a
Subject: St. Lucie County FY 14/15 Under billed Department of Juvenile Justice Invoice
c
0
.N
N
Mr. McIntyre, E
a
In December 2015, our office received an invoice in the amount of $231,701.91 dollars from
the Department of Juvenile Justice(DJJ) stating that St. Lucie County was under billed. This DJJ
invoice is for the FY 14/15 reconciliation of the juvenile secure detention cost which states
that St. Lucie County's actual costs were $1,191,474.96. During FY 14/15 St. Lucie County was 3
invoiced monthly by DJJ and we paid a total of $959,773.05. -
w
During this past 2016 Legislative Session the DJJ Detention Cost Compromise Bill (SB 1322)
became law and according to 985.6865 (2) "The department may not seek reimbursement
from counties complying with this subsection for any underpayment for any cost -sharing
requirements before the 2016-2017 fiscal year".
r
0
Since St. Lucie County did voluntary dismiss all actions pending on or before February 1, 2016,
against the State, then it is my opinion that St. Lucie County should not be responsible for the
DJJ FY 14/15 invoice in the amount of $231,701.91 dollars and this amount should be waived.
N
Please let me know if you have any further questions concerning this matter. M
Sincerely,
0
E
Mark °'
E
3
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Afaf# �7. lV dw10
Criminal Justice Coordinator
St. Lucie County Attorney's Office
2300 Virginia Avenue
c
Ft. Pierce, FI 34982
c
(772) 462-1418
To educate a man in mind and not in morals is to educate a menace to society. Theodore
Q
Roosevelt
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