HomeMy WebLinkAboutAgenda Packet 07.21.2015T. ® I I
COUNTY
F LORI D A
BOARD OF COUNTY COMMISSIONERS
AGENDA
ST LUCIE COUNTY
Regular Meeting
Tuesday, July 21, 2015
9:00 AM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
COUNTY COMMISSION MEMBERS
District No. 3, Chair
PAULA A. LEWIS
District No. 5, Vice -Chair
KIM JOHNSON
District No. 1
CHRIS DZADOVSKY
District No. 2
TOD MOWERY
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
Generated 712712015 8:52 AM
Regular Meeting Tuesday, July 21, 2015 9:00 AM
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, July 21, 2015 9:00 AM
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Board of County Commissioners minutes for the meeting of Tuesday, July 07, 2015
5. PUBLIC COMMENT (excluding Public Hearing items)
6. PROCLAMATIONS APPROVAL
There are no items scheduled.
7. PRESENTATIONS
Little Feet Update - Holly Theuns from Art Mundo & Catherine Chaney from St. Lucie County
Fire District
8. CONSENT AGENDA
A. WARRANTS
Warrant List Numbers 39 & 40
B. ADMINISTRATION
There are no items scheduled.
C. COUNTY ATTORNEY
1. County Owned Tax Certificates - Permission to Initiate Tax Deed Application Process
Staff recommends that the Board authorize staff to initiate Tax Deed Applications for all
properties subject to a County Owned Tax Certificate two years or older which has an
assessed value of $5,000 or more.
2. Cypress Creek Preserve - Environmental Lands - Parcel ID 3119-133-0001-000-0 - Florida
Southeast Connection
Staff recommends the Board authorize the Chair to sign the Offer Letter and Pipeline
Easement, direct staff to return the executed documents to Florida Southeast
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Regular Meeting Tuesday, July 21, 2015 9:00 AM
Connection and record the Pipeline Easement in the Public Records of St. Lucie County,
Florida.
3. Contract - San Lucie Plaza Improvements - Inez McSween, Gary Self, Andrew Self
(deceased) and Clara Dozier - Parcel ID 1428-702-0982-000-9
Staff recommends that the Board accept the Contract from Inez McSween, Gary Self,
Andrew Self and Clara Dozier, authorize the Chair to sign the Contract and direct staff to
proceed with the closing and record the Warranty Deed in the Public Records of St.
Lucie County.
4. Resolution - Adopting Policy on Public Records
Staff recommends the Board approve Resolution establishing the Public Records Policy
and authorize the Chair to sign the Resolution.
D. COMMUNITY SERVICES
1. Resolution - Florida Commission for the Transportation Disadvantaged FY16 Trip and
Equipment Grant
Staff recommends Board approval of the state FY16 Trip and Equipment grant, revised
trip rate, application resolution and authorization for the Chair to sign documents as
approved by the County Attorney.
2. Resolution - Florida Commission for the Transportation Disadvantaged (FCTD) FY16 Trip
and Equipment Grant
Staff recommends Board approval of the FY16 Trip and Equipment (FM43202718401)
Budget Resolution and authorization for the Chair to sign documents as approved by the
County Attorney.
3. Memorandum of Understanding - Rupert J. Smith Law Library
Staff recommends Board approval of the Budget Resolution and authorization for the
Chair 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. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
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Regular Meeting Tuesday, July 21, 2015 9:00 AM
There are no items scheduled.
I. OFFICE OF MANAGEMENT & BUDGET
Request for Qualifications (RFQ) No. 15-038, Professional Architectural Services for the
St. Lucie County Jail Medical Addition
Staff recommends Board approval of the short-listed firms for Professional Architectural
Services for the St. Lucie County Jail Medical Addition and permission to:
Conduct oral presentations with the short-listed firms;
Conduct contract negotiations with the successful short-listed firm; and
If negotiations are successful, award contract to the successful short-listed firm
and authorization for the Chair to sign the documents as prepared by the County
Attorney.
J. PARKS, RECREATION & FACILITIES
1. 2015 Indian River Lagoon Science Festival
Staff recommends Board approval to waive the facility rental fee of $453.75 for the
Smithsonian Marine Station, the pavilion use fee of $101.00, the security deposit fee of
$250.00 for the Indian River Lagoon Science Festival, approval to waive admission fees
during the festival and accept a fee of $500.00 from the Smithsonian Marine Station,
$250.00 from the Regional History Center as outlined in this agenda memorandum, and
authorization for the Chair to sign documents as approved by the County Attorney.
2. Allegany Franciscan Ministries St. Clare Fund
Staff recommends Board approval of Budget Resolution to accept Allegany Franciscan
Ministries St. Clare Fund Grant in the amount of $10,000.00 to be utilized to fund
"C.H.I.L.L.," "Choosing How I Live Life" Crime Prevention, Health Fair and Youth Summit
at Lincoln Park Community Center.
K. PLANNING & DEVELOPMENT SERVICES
There are no items scheduled.
L. PUBLIC SAFETY & COMMUNICATIONS
1. Intrado Agreement
Staff recommends Board acceptance of the Intrado Agreement and authorization for the
Chair to sign documents as approved by the County Attorney.
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Regular Meeting Tuesday, July 21, 2015 9:00 AM
2. Resolution - Emergency Management Preparedness and Assistance (EMPA) Trust Fund
Program Base Grant
Staff recommends Board acceptance of the State -Funded Subgrant Agreement, EMPA,
in the amount of $105,806.00, approval of the attached Budget Resolution, and
authorization for the Chair to sign documents as approved by the County Attorney.
3. Resolution - Emergency Management Preparedness Federally -Funded Grant (EMPG)
Staff recommends Board acceptance of the Emergency Management Preparedness
Federally -Funded Grant in the amount of $94,683.00, approval of the attached Budget
Resolution, and authorization for the Chair to sign documents as approved by the
County Attorney.
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1. Greater Friendship Missionary Baptist Church, Inc. — Conditional Acceptance
Staff recommends Board approval for the conditional acceptance of the off -site
improvements and Maintenance Agreement, release surety in the amount of $8,650.88
(retain $1,526.62 for maintenance) and authorization for the Chair to sign documents as
approved by the County Attorney.
2. Street Lighting Special Assessment Districts - Annual Assessment Resolution
Staff recommends Board adoption of the Annual Assessment Resolution for the Street
Lighting Special Assessment Districts.
3. Budget Resolution - Paradise Park System 4 - Phase 5 Stormwater Retrofit
Staff recommends Board approval of Budget Resolution and authorization for the Chair
to sign documents as approved by the County Attorney.
4. Paradise Park System 4 - Phase 5 Stormwater Retrofit
Staff recommends Board approval of DEP Agreement No. 50820 in the amount of
$304,448.48 for the Paradise Park System 4 - Phase 5 Stormwater Retrofit Project and
acceptance of the Resolution from the Florida Department of Environmental Protection
Grant Agreement and for the Chair to sign documents as approved by the County
Attorney.
N. SHERIFF'S OFFICE
There are no items scheduled.
O. SOLID WASTE
There are no items scheduled.
P. SUPERVISOR OF ELECTIONS
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Regular Meeting Tuesday, July 21, 2015 9:00 AM
There are no items scheduled.
Q. TRANSPORTATION PLANNING ORGANIZATION
Approval of Federal Metropolitan Planning (PL) First Authorization of Funding for FY
2015/2016
Staff recommends Board approval of Budget Resolution in the amount of $199,800.00
to amend the County budget for receipt of PL funds on behalf of the St. Lucie TPO.
R. UTILITIES
There are no items scheduled.
9. PUBLIC HEARINGS
PLANNING & DEVELOPMENT SERVICES
Ordinance - Amending the Code of Ordinances Pertaining to the Economic Development
Impact Fee Mitigation Program - Final Hearing
Staff recommends Board approval of the proposed Ordinance.
10. REGULAR AGENDA
A. COUNTY ATTORNEY
1. Solid Waste Preliminary Assessment Resolution
Staff recommends Board adopt the Solid Waste Preliminary Assessment Resolution and
authorize the Chair to sign the Resolution.
2. Agreement with Green3Power St. Lucie, LLC - Development of a Gasification Facility to
Process Municipal Solid Waste for St. Lucie County
Staff recommends (1) Board approval of the Agreement for the Development and
Operation of a Gasification Facility between the County and Green3Power St. Lucie, LLC,
and (2) Board authorization for the Chair to sign the Agreement on behalf of the County.
B. OFFICE OF MANAGEMENT & BUDGET
1. Setting of FY 2016 Proposed Millage Rates and Dates for Budget Public Hearings Add -On
Staff Recommends Board approval to set millage rates in order to comply with Truth in
Millage (TRIM) requirements:
• Advise the Property Appraiser's Office of the millage rates as outlined on
"Worksheet Analysis of Roll -Back Millage Rate for fiscal year 2015-2016" under
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Regular Meeting Tuesday, July 21, 2015 9:00 AM
the column headed "2015-2016 proposed millage."
• Set two public hearings on September 3, 2015 and September 17, 2015, at 6:00
PM in the Roger Poitras Administration Annex Commission Chamber.
• Authorize the County Administrator to be able to modify the millage rates
between General Fund and Fine and Forfeiture Fund as long as the total
countywide millage stays the same.
• Set the proposed aggregate millage as outlined on "Worksheet Analysis of Roll-
back Millage rate for fiscal year 2015-2016" under the column headed "2015-
2016 proposed millage."
2. Funding for OF/IFAS Invasives Research Facility Add -On
Staff recommends that the Board approve budget amendment no. 15-013 in the
amount $163,851 and approval to make a one-time contribution to the Indian River
Research & Education Center to fund the OF/IFAS Invasives Research Facility. This
funding will go towards assisting them by bridging their funding to continue their efforts
to find an organism to eradicate the Brazilian peppertree.
11. ANNOUNCEMENTS
A. The Board of County Commissioners will hold a Regular Board meeting on August 4, 2015 at 6
pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
B. The Board of County Commissioners will hold an Informal Meeting on August 11, 2015 at 9 am
in Conference Room #3.
C. The Board of County Commissioners will hold a Regular Board meeting on August 18, 2015 at 9
am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
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
July 7, 2015 Convened: 6:00 PM
Adjourned: 9:14 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by District No. 3, Chair Paula A. Lewis
Attendee Name
Title
District No. 3, Chair
District No. 5, Vice -Chair
District No. 1
s Arrived
Present 6:00 PM
Paula A. Lewis
Kim Johnson
Present
6:00 PM
Chris Dzadovsky
Present
Present
6:00 PM
6:00 PM
Frannie Hutchinson
District No. 4
Tod Mowery
District No. 2
Present
6:00 PM
Howard Tipton
Administrator
Present
6:00 PM
Robert G. Adolphe PE
Deputy County Administrator
Present
6:00 PM
Mark Satterlee
Deputy County Administrator
Present
6:00 PM
Daniel S. McIntyre
County Attorney
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
Asheley Hepburn
Director, Office of Management & Budget
Present
6:00 PM
Leslie Olson
Planning Manager
Present
6:00 PM
Carl Holeva
HR Interim Director
Present
6:00 PM
Ceretha Leon
Human Resources Director
Present
6:00 PM
Sue Korunow
Clerk to the Board
Present
6:00 PM
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Regular Meeting Tuesday, July 7, 2015 6:00 PM
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
Veteran's from World War II led the Pledge.
4. APPROVAL OF MINUTES
A. Board of County Commissioners minutes for the meeting of Friday, May 15, 2015
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
B. Board of County Commissioners minutes for the meeting of Tuesday, June 16, 2015
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
5. PUBLIC COMMENT (excluding Public Hearing items)
John Arena, Fort Pierce - Stated some members of families who have lived in St. Lucie County for more than
100 years are in favor of a large cargo port for the County. He said they are not taking into account what the
overall effect would be such as truck traffic and a large off -site distribution yard which would displace homes
and the neighborhood. He spoke on how the Columbia glacier in Alaska is melting eight times faster than it did
thirty years ago and scientists think the use of fossil fuel such as oil is the cause. He stated the world is running
low on clean water and recently NASA found some of the country's major underground aquifers are being
depleted of fresh water. He commented that people who are supposed to be guarding our environment go
into neutral once they are hired, in some ways they are worse than the polluter's by giving the public false
hope. He stated it looks like the County may get a big cargo port, never mind the facts. He had argued against
it for some 20 years, he said he had done what he could, he was tired and now he was done. His interest is in
the integrity of the Indian River Lagoon.
Bill Theiss, Mayor of St. Lucie Village, 2512 Lightwood Lane, Fort Pierce, FL - Came to speak as the Mayor on
behalf of the residents of St. Lucie Village. He stated the Villages attorney had sent an email earlier urging the
Board to follow staff recommendations on Items 10131 and 10132 and was there to reiterate that support. He
noted staff's work on the Environmental Impact Statement (EIS) is much more thorough than the Villages but
is all in all of the same area. They feel the EIS is very deficient and has very poor planning, it's 19th early 20th
Century planning for a 21st Century project and there are many things of substance that need to be
addressed. They are thankful of a few things that were addresses such as movement of the triple track from
The Villages but he is unsure what type of problems the move from The Villages to downtown Fort Pierce will
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2 1 P a g e Packet Pg. 10
Regular Meeting Tuesday, July 7, 2015 6:00 PM
create for downtown area. They are still opposed to the project and appropriated $60,000 of their budget to
look into it. He stated they appreciate all the work staff has done, enjoy working with them and are behind
them until they get it worked out one way or the other.
6. PROCLAMATIONS APPROVAL
Resolution - Adoption of a resolution recognizing Southeast Florida Honor Flight for their
continued dedication to and service of veterans of St. Lucie County, Florida.
Commissioner Lewis presented SE Florida Honor Flight Board of Director member Van Sowerby
with the proclamation. Mr. Sowerby, a 45 year resident of St. Lucie County, pastor, CPA and w
Treasurer for Southeast Florida Honor Flight spoke about how the flights are fully funded by
donations from the public and the yearly budget of approximately $400,000 they like to meet
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which enables them to take veterans on 4 flights per year to Washington, D.C. He spoke of the
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opportunities for volunteers and guardians to travel to Washington, D.C. with the veteran's for
the day. He challenged the Commissioners to come with them for a day and see what happens.
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They serve St. Lucie, Indian River, Martin and Okeechobee Counties. He stated they are about
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$60,000 short for their 4th flight of the year so they are looking to raise funds to cover that
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flight. He introduced Dr. Shamsher Singh, the treating physician to all of the veterans present.
Dr. Singh introduced the veterans to the Board and provided a brief background on where they
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served. o
To donate, participate or be a guardian go to www.honorflightse.org or call 855.FLY A VET
Commissioner Dzadovsky offered to contribute US Airways/American Dividend miles to
purchase 2 tickets to the group.
Group pictures were taken and the Manager of Veteran's Services spoke about the program
providing his support for the program as well.
3 1 P a g e Packet Pg. 11
Regular Meeting Tuesday, July 7, 2015 6:00 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4
SECONDER: Tod Mowery, District No. 2
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
7. PRESENTATIONS
There are no items scheduled.
8. CONSENT AGENDA
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Johnson, District No. 5, Vice -Chair
SECONDER: Tod Mowery, District No. 2
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
A. WARRANTS
Warrant List Numbers 37 & 38
B. ADMINISTRATION
Resolution - Ocean Village Gate Request
C. COUNTY ATTORNEY
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Regular Meeting Tuesday, July 7, 2015 6:00 PM
1.
Verada Ditch Improvement Project - Permission to Sue
2.
Resolution - Lease Agreement with Positive Mind & Body Support Group Network, Inc.
3.
Revocable License Agreement - River Park - Parcel ID 3419-570-0050-000-2 - Steven
Taylor
4.
Revocable License Agreement - Monitoring Wells - Parcel ID 1324-311-0001-000-0 and
1325-211-0000-000-9
5.
Revocable License Agreement - Comunidade Das Nacoes, Inc. - Sidewalk in County
Right -of -Way
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6.
Contract - San Lucie Plaza Drainage Improvement Project - Mr. and Mrs. Porter - Parcel
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ID 1428-702-1233-000-1
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7.
Interlocal Agreement for Expansion of Pretrial Services between St. Lucie and
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Okeechobee County
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D.
COMMUNITY SERVICES
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1.
Resolution - 15 - Federal Transit Administration (FTA) 5339 FFY13
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Resolution - 15 - Federal Transit Administration (FTA) 5339 FFY13
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3.
Invitation to Bid (ITB) No. 4-5
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4.
Neighborhood Stabilization Program (NSP) 1 - Closeout Agreement
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COURT
ADMINISTRATION
There are no items scheduled.
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ENVIRONMENTAL RESOURCES
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There are no items scheduled.
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HUMAN RESOURCES
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1.
Corizon Inmate Health Care 2014-2015
2.
Corizon HIV Meds Dec 2014 thru Mar 2015
H.
MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES
There are no items scheduled.
I.
OFFICE
OF MANAGEMENT & BUDGET
5 1 P a g e Packet Pg. 13
Regular Meeting Tuesday, July 7, 2015 6:00 PM
1. Request for Qualifications (RFQ) No. 15-037, Professional Engineering Services for North
Hutchinson Island Septic Removal Project
2. Award of Bid No. 15-035, Rental of Construction and Industrial Equipment
3. Award of Bid No. 15-043, Heavy Equipment Parts and Repair Services
J. PARKS, RECREATION & FACILITIES
1. Third Amendment to the Concessions/Catering Agreement with Di'Michelli's Catering,
Inc. (C12-12-513)
2. Waiver of Skate Park Facility Rental Fees - Future 6 Helping Hand Fund Inc
3. Waiver of Facility Use Agreement: Senator Grimsley
K. PLANNING & DEVELOPMENT SERVICES
There are no items scheduled.
L. PUBLIC SAFETY & COMMUNICATIONS
There are no items scheduled.
M. PUBLIC WORKS
There are no items scheduled.
N. SHERIFF'S OFFICE
There are no items scheduled.
O. SOLID WASTE
Replacement of Day Labor Positions to Regular County Positions
P. SUPERVISOR OF ELECTIONS
There are no items scheduled.
Q. TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
R. UTILITIES
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6 1 P a g e Packet Pg. 14
Regular Meeting Tuesday, July 7, 2015 6:00 PM
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There are no items scheduled.
PUBLIC HEARINGS
A. COUNTY ATTORNEY
Ordinance - Reauthorizing the Levy for the Local Option Fuel Tax
County Attorney provided background information on the Ordinance Reauthorization
for the Levy of the Local Option Fuel Tax noting this is a reauthorization of an existing
tax which expires 8/31/15. Attempts to negotiate an interlocal agreement with the City
of Port St. Lucie were unsuccessful and deadlines have expired. There are three options
available to the County but staff feels only one of the three would be a beneficial for the
County moving forward.
Options
Staff has determined that the Board has at least three (3) options as follows:
1. Adopt an ordinance levying the tax for thirty (30) years without an interlocal
agreement - This would result in the distribution of local gas taxes based on
transportation expenditures for the previous five (5) years.
2. Adopt an ordinance levying the tax without an interlocal agreement for a limited
period of time - e.g. through December 31, 2017.
3. Do not adopt the ordinance.
Staff recommended Board adopt the draft Ordinance implementing Option 2 (Version
"B") as attached.
After discussion there was hesitation to set a December 31, 2017 time frame as listed in
the recommended Option 2 by Board Members. Board Members felt this would again
push the deadlines out and cause issues such as those currently being experienced by
the County.
The consensus was the Board wishes to have frequent updates on the status of new
attempts to negotiate an interlocal agreement with the City of Port St. Lucie prior to the
December deadline. This would alleviate the last minute issues which have occurred
during this round of negotiations.
Board approved Option 2 with the requirement that staff provide quarterly reports on
the status of negotiations until such time as an interlocal agreement has been
established.
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7 1 P a g e IPacket Pg. 15
Regular Meeting Tuesday, July 7, 2015 6:00 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
B. PUBLIC WORKS
1. Resolution - Hays Subdivision - Public Hearing for Paving Waiver and Fair Share
Contribution Agreement
County Surveyor provided background information and a presentation on the proposed in
resolution, paving waiver and Fair Share Contribution agreement and discussion
followed. Z
Staff presented three Options to the Board for consideration: o
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1. Board may waive the fee in it's entirety subject to conditions the Board deems p
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2. Board may modify the Fair Share Contribution amount subject to conditions the
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3. Board reviews to approve staff recommendation and accept the Fair Share r
Contribution in the amount of$48,154.00 subject to the conditions the Board deems N
necessary. ti
Staff recommended Board approval of the Paving Waiver, Fair Share Contribution
Agreement in the amount of 48,154.00, Resolution, and authorization for the Chair to
sign documents as approved by the County Attorney.
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Discussion regarding requiring developer to agree to sign a MSBU should there be a c
move to create a MSBU and that language be placed on the plat took place. a
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PUBLIC COMMENT: a
Representative for the developers, Greg Boggs spoke to the Board regarding the
request. They have the plat ready for final recording. Mr. Boggs confirmed the
developer has agreed to place the language on the plat; agreeing to join in and sign a
MSBU should that situation arise.
Board moved approval of the waiver with the stipulation that the developer place the
language on the plat and agree to sign a MSBU with two YES votes in the future.
8 1 P a g e Packet Pg. 16
Regular Meeting Tuesday, July 7, 2015 6:00 PM
RESULT: ADOPTED [4 TO 11
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Paula A. Lewis, Kim Johnson, Chris Dzadovsky, Frannie Hutchinson
NAYS: Tod Mowery
2. Resolution - Jenkins Park/Starcher MSBU
MSBU Project Manager provided background information and a presentation on the
proposed resolution which outlined the interlocal agreement between the County,
FPUA and the City of Fort Pierce. Items included in the MSBU are as follows: installation
of potable water mains, fire hydrants and individual water services. Staff stated
property owners are encouraged to contact their homeowners insurance vendors
regarding possible fire hydrant discounts.
As a condition of service upon connection to the system residents would be required to
sign a conditional annexation agreement with the City of Fort Pierce. The agreement
states in the event the subject property ever becomes contiguous to the city limits the
owner will consent to the annexation voluntarily.
Due to a call from a concerned property owner regarding annexation, a comparative
analysis of the property tax ad valorem assessment increase was provided. Further
details were provided in the presentation with an outline of the Resolution.
PUBLIC COMMENT:
Richard Silvestri, Indian River Estates Home Owners Association President - Stated he
attended a Fort Pierce meeting where they annexed properties on US1 South of Midway
Road which were all commercial properties not far from his home nor from Indian River
Estates. He stated Commissioner Alexander objected to annexing the properties
because he felt those property owners were being coerced into signing the agreement
or their water would be cut off by FPUA. Mr. Silvestri wondered if the 58% of the people
who have voted in favor of the annexation have thought about it, if down the road, if
the City of Fort Pierce decided to annex the properties, can they annex them and why
St. Lucie County Utilities isn't providing the water instead of FPUA. He personally doesn't
see the benefits of belonging to a city when the county's already provide municipal
services.
The following residents are against the annexation:
-Randy Young, Jenkins Park Avenue, Fort Pierce, FL
-Keenan Blankenbaker, 303 Lott Street, Fort Pierce, FL
The following resident was in favor of the annexation:
-Leslie Karen Pfeiffer, 5865 Jenkins Park, Fort Pierce, FL
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9 1 P a g e Packet Pg. 17
Regular Meeting Tuesday, July 7, 2015 6:00 PM
Board clarified to residents that the reason it is not possible for the County to provide
service is due to the location of the properties. These properties lay within the City
limits and is part of the Urban Service agreement.
Staff recommended Board approval of the Jenkins Park/Starcher MSBU Final
Assessment Resolution and authorization for the Chair to sign documents as approved
by the County Attorney.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Tod Mowery, District No. 2
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
10. REGULAR AGENDA
A. ADMINISTRATION
Resolution - Sunshine Kitchen EDA Grant Acceptance
This item was heard after Items 10131. & 10132.
Deputy County Administrator introduced the EDA Grant Acceptance for the Sunshine
Kitchen at the TCERDA Research Park. He provided brief background information on the
request and introduced TCERDA Board Member Mike Adams and TCERDA Director.
Mr. Adams provided an introduction to a presentation then introduced the Director who
continued the presentation by discussing five topics relevant to the project as follows: 1.
What is a business incubator 2. Jobs 3. Shell and Interior Construction 4. Building
Operation and 5. Programs.
Discussion between staff and Board brought about questions regarding the costs and
how they might be able to cover costs involved in building and administrative fees. Staff
stated they have a Letter of Intent for the lease of the 4,000 sq. ft. Of the building which
would generate $55,000 annual income. They also anticipate another $55,000 in
revenue from other program efforts in the office space which can be utilized in a shared
way with USDA/IFAS. Further details were discussed.
Commissioner Dzadovsky expressed his support for TCERDA noting due to the County's
budget constraints felt he needed to vote against the project since there is no guarantee
of funding and the County's General Fund is unable to cover the additional costs.
The remaining Board Members, although in agreement with Commissioner Dzadovsky
regarding the risk, felt it would be in the best interest of all to support the project based
on the information provided and voted to move forward by supporting TCERDA's move
to accept the EDA Grant for construction of the Sunshine Kitchen Food Business
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Regular Meeting Tuesday, July 7, 2015 6:00 PM
B.
Incubator at the Treasure Coast Research Park, approving Resolution 2015-77 and
authorizing the Chair to sign documents as approved by the County Attorney.
RESULT: ADOPTED [4 TO 11
MOVER: Frannie Hutchinson, District No. 4
SECONDER: Tod Mowery, District No. 2
AYES: Paula A. Lewis, Kim Johnson, Frannie Hutchinson, Tod Mowery
NAYS: Chris Dzadovsky
COUNTY ATTORNEY
1.
RES-2015-110 : All Aboard Florida - Environmental Impact Statement (EIS) LU
County Attorney introduced the item and the Director of Public Works reviewed the z
90% Plans and provided the Board with comments/insights as a result of that review. M
Staff is of the opinion that there will be significant negative impacts to county citizens if 0
J
the issues are not addressed. At this point those issues are not included in the 90%
Plans. 0
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Commissioner Dzadovsky responded very negatively to the DEIS stating he has deep a
concerns about it. s
Attorney Segudo Fernandez from the firm of Oertel, Fernandez, Bryant & Atkinson was
retained as special counsel to review the Draft Environmental Impact Statement (DEIS)
submitted by AAF to the Federal Railroad Administration (FRA) and to provide advice on
how to proceed with providing an indepth review of the DEIS. Upon initial review, the
firm determined the Draft was seriously deficient.
He explained there are two processes going on: 1. Review of the 90% Plan generated by
AAF and submitted to FRA which the Director of Public Works discussed and 2. The
larger process which is the DEIS which is supposed to consider in the broadest terms the
impact the project will have on this county and all other locations the project is traveling
through/will affect. He noted the 90% plans staff received for review didn't contain the
details/proposals the DEIS is considering so there is a disconnect between the engineers
who staff were speaking with and what the people at AAF were telling the FRA. The two
don't "jive" and the analyses done on them are significantly deficient.
The firm recommended they focus on four specific areas and had experts hired by the
firm provide indepth research on each area in their findings. Those four areas are: Rail
Safety, Traffic Impact, Environmental Impacts to Habitat and Species and Cultural
Resources. Mr. Fernandez provided the results of that research to the Board all of which
are included in the Critical Assessment document which will be sent to the FRA.
Each of the expert reports was self-explanatory but, in general, the reports confirm the
serious deficiencies of the draft EIS. A summary of the deficiencies was set out in the
draft transmittal letter to FRA (page I in the Critical Assessment).
Staff recommended the Board:
111 Page Packet Pg. 19
Regular Meeting Tuesday, July 7, 2015 6:00 PM
• Approve and ratify the submission of the draft Resolution and authorize the Chair to
sign the draft Resolution.
• Authorize payment of the attached invoices from the special fund the Board created
pertaining to AAF.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Frannie Hutchinson, District No. 4
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
2. All Aboard Florida Agreement with Respect to Existing Crossing Agreements
County Attorney provided background information on the Crossing Agreements noting
the County had requested additional time in order to address some of the issues in
regard to train and traffic safety as addressed in the previous item number. AAF,
suggested via email, they would agree to a deferral until September 22, 2015 which
would allow the Board up until September 15, 2015 to consider the agreements.
Staff recommended the Board not enter into the Existing Crossing Agreements due to
the negative impacts addressed by the County's consultants and staff.
Staff suggests it would be appropriate for the Board to grant additional time to
determine how AAF reacts to the consultants and staff's recommendations, how the
FRA reacts and defer action on the item tonight; take action on the Crossing Agreements
no later than September 15, 2015.
RESULT: TABLED (CONTINUED) [UNANIMOUS] Next:
9/15/2015 9:00 AM
MOVER: Tod Mowery, District No. 2
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
11. ANNOUNCEMENTS
A. Board Comments and Introduction of New Staff Members
County Administrator introduced the new Human Resource Director, Ceretha Leon who joined
the Board on 7/6/15 and thanked Interim HR Director Carl Holeva for his service who held the
position during the hiring process. Mr. Holeva will be transitioning back into retirement mode.
He also introduced the new Assistant Director for the Parks, Recreation and Facilities
Department, Daniel Retherford.
Commissioner Dzadovsky announced the web cams placed by the Tourism Development
Council are fully functional stating over the 4th of July the website saw substantial increase in
website clicks. He remarked about how impressive it was to logon and actually watch the 4th of
6
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12 1 Packet Pg. 20
Regular Meeting Tuesday, July 7, 2015 6:00 PM
July fireworks real-time stating he feels strongly the County will see a substantial increase in the
250 mile drive range for people visiting the area. This will be an incredible opportunity for the
County to benefit from a tourism standpoint. He spoke about discussions taking place with the
City of Port St. Lucie to engage them with additional web cams which will add to the boundaries
currently being presented on the site.
B. The Board of County Commissioners will hold an Informal Meeting on July 14, 2015 at 9 am in
Conference Room #3.
C. The Board of County Commissioners will hold a Regular Board meeting on July 21, 2015 at 9 am
in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 in
LU
Virginia Avenue, Fort Pierce, FL.
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D. The Board of County Commissioners FY16 Budget Workshops will take place on Monday, July 2
13, 2015 and Thursday, July 16, 2015. Both workshops will begin at 9:00 am and will be held in o
Conference Room #3. J
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12. MOTION TO ADJOURN a -
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There being no further business to be brought before the Board, the meeting was adjourned. a
Paula A. Lewis, District No. 3, Chair 7/7/2015
rXM
Joseph E. Smith Clerk of Circuit Court
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.
13 1 Packet Pg. 21
06/26/15 ST. LUCIE COUNTY - BOARD
PAGE 1
FZABWARR WARRANT LIST #39- 20-JUN-2015
TO 26-JUN-2015
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
001
General Fund
198,069.70
0.00
001512
Neighborhood Stabilization Program
49.25
0.00
001534
Metropolitan Planning/Section 5303
16.45
0.00
001538
HUD Neighborhood Stab 3
750.04
0.00
001558
Homeland Security Issue 14
15,000.00
0.00
001560
Section 112/MPO/FHWA/Planning
30,729.26
0.00
001561
Dept of Trans Safe Routes to School
845.12
0.00
001565
HUD Shelter Plus Chronic
60.54
0.00
101
Transportation Trust Fund
10,432.08
0.00
101002
Transportation Trust/80o Constitut
48,369.75
0.00
101003
Transportation Trust/Local Option
5,019.50
0.00
102
Unincorporated Services Fund
3,790.26
0.00
102001
Drainage Maintenance MSTU
67,229.03
0.00
107
Fine & Forfeiture Fund
106,157.16
0.00
107001
Fine & Forfeiture Fund -Wireless Sur.
22,323.89
0.00
107003
Fine & Forfeiture Fund-800 Mhz Oper
5,393.21
0.00
107005
F&F Fund -Legal Aid
9,294.75
0.00
107006
F&F Fund -Court Related Technology
22,712.15
0.00
113
Harmony Heights 3 Fund
233.18
0.00
114
Harmony Heights 4 Fund
568.87
0.00
116
Sunland Gardens Fund
623.91
0.00
117
Sunrise Park Fund
142.83
0.00
119
Holiday Pines Fund
845.33
0.00
123
Queens Cove Lighting Dist#13 Fund
391.17
0.00
127
Pine Hollow Street Lighting MSTU
504.30
0.00
128
Kings Hwy Industrial Park Lighting
626.27
0.00
130
SLC Public Transit MSTU
126,945.26
0.00
130102
FTA 5307-ARRA 2009 Capital Projects
6,000.00
0.00
130114
FTA 5307 FY 2013
30,569.56
0.00
130115
FTA 5309 VTCLI-II FY14
192,624.14
0.00
130119
FTA 5307 FY13
6,797.44
0.00
130120
FTA 5311 FY 2015
7,440.91
0.00
130121
FTA 5307 FY 2014
58,252.17
0.00
130217
FCTD Trip & Equip 2015
41,792.00
0.00
130218
FDOT Block Grant FY 2015
58,252.18
0.00
136
Monte Carlo Lighting MSTU#4 Fund
2,309.58
0.00
138
Palm Lake Gardens MSTU Fund
316.52
0.00
140
Airport Fund
118.09
0.00
140001
Port Fund
100.00
0.00
140376
FDOT New Port Ent 2nd street Imp
44,328.00
0.00
150
Impact Fee Collections
877.50
0.00
160
Plan Maintenance RAD Fund
12,029.89
0.00
183
Ct Administrator-19th Judicial Cir
4,607.96
0.00
183004
Ct Admin.- Teen Court
998.75
0.00
183006
Guardian Ad Litem Fund
16,819.43
0.00
184221
S SLC Beach Restoration & Monit
25,103.00
0.00
190
Sports Complex Fund
10,037.60
0.00
219
Capital Impro. Rev Refunding 2014
1,598.97
0.00
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06/26/15 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #39- 20-JUN-2015 TO 26-JUN-2015
FUND SUMMARY
FUND TITLE
310001 Impact Fees -Library
310006 Impact Fees -Transportation
316
County Capital
318
County Capital -Transportation Bond
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
611
Tourist Development Trust-Adv Fund
625
Law Library
650
Agency Fund
801
Bank Fund
GRAND TOTAL:
EXPENSES
2,207.48
61,101.44
6, 916.89
743,673.35
378,345.21
16,232.31
25.00
3,524.50
290.05
954,894.59
2, 632.50
16,373.33
25,935.36
28,442.36
3,438,691.32
PAGE 2
PAYROLL
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
796.80
0.00
0.00
0.00
0.00
r0zM:i6
Packet Pg. 23
07/02/15
FZABWARR
FUND TITLE
001
001457
001534
001538
001560
001561
001563
001565
001566
001567
001568
101
101001
101002
101003
101004
102
102001
102114
102813
107
107001
107002
107003
107006
111
112
120
122
126
129
130
130102
139
140
160
170
183
183004
184222
185014
185015
189109
189110
190
221
310001
316
ST. LUCIE COUNTY - BOARD
WARRANT LIST #40- 27-JUN-2015 TO 02-JUL-2015
FUND SUMMARY
General Fund
FCTD Planning Grant
Metropolitan Planning/Section 5303
HUD Neighborhood Stab 3
Section 112/MPO/FHWA/Planning
Dept of Trans Safe Routes to School
HUD CDBG FY 2013
HUD Shelter Plus Chronic
HUD Shelter Plus Care Grant
DHS - CSBG FY 2015
Supp Svcs Veterans Families 2015
Transportation Trust Fund
Transportation Trust Interlocals
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-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Court Related Technology
River Park I Fund
River Park II Fund
The Grove Fund
Indian River Estates Fund
Southern Oak Estates Lighting
Parks MSTU Fund
SLC Public Transit MSTU
FTA 5307-ARRA 2009 Capital Projects
Palm Grove Fund
Airport Fund
Plan Maintenance RAD Fund
Court Facilities Fund
Ct Administrator-19th Judicial Cir
Ct Admin.- Teen Court
Ft Pierce Shore Protection Project
FHFC SHIP 2013-2014
FHFC SHIP 2014-2015
Home Consortium 2013
Home Consortium 2014
Sports Complex Fund
Capital Imp. Rev Bonds 2015
Impact Fees -Library
County Capital
EXPENSES
84,411.06
0.00
0.00
334.80
7,534.50
2, 698.01
0.00
0.00
152.00
2,229.28
0.00
616.64
0.00
23,411.47
3,292.00
169.98
6,755.96
13,171.27
633.00
65.70
151,474.68
2,639.00
0.00
2,195.92
3,693.44
3,263.37
752.66
225.93
1,057.23
156.89
14,700.00
0.00
0.00
972.28
102.78
0.00
19,026.52
1,499.71
1,294.75
4,892.00
22,800.00
0.00
0.00
5,744.00
39,420.14
12,500.00
5,947.93
52,355.70
PAGE
PAYROLL
530,762.85
1,078.58
2,193.69
1,648.92
8,270.93
359.93
1,428.87
1,109.38
981.57
2,102.32
307.32
33,327.62
1,341.60
46,002.00
15,399.07
16,823-44
55,68339
11,817.90
5,951.70
0.00
156,073.45
1,029.23
1,029.23
0.00
11,271.94
0.00
0.00
0.00
0.00
0.00
0.00
46.23
5,184.80
0.00
10,677.02
2,834.69
0.00
3,557.35
3,275.73
0.00
0.00
388.54
445.08
679.32
22,436.57
0.00
0.00
0.00
6
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07/02/15
ST. LUCIE COUNTY - BOARD
PAGE 2
FZABWARR
WARRANT LIST #40- 27-JUN-2015
TO 02-JUL-2015
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
316001
5th Cent Fuel -Capital
9,812.50
0.00
318
County Capital -Transportation Bond
3,564.00
0.00
401
Sanitary Landfill Fund
39,416.12
78,465.76
418
Golf Course Fund
640.29
16,743.55
451
S. Hutchinson Utilities Fund
9,789.66
6,438.65
458
SH Util-Renewal & Replacement Fund
0.00
678.84
471
Water & Sewer District Operations
13,556.33
9,327.90
478
Water & Sewer District R&R
0.00
1,292.50
479
Water & Sewer Dist. -Cap Facilities
0.00
1,276.92
491
Building Code Fund
0.00
28,058.17
505
Health Insurance Fund
232,671.40
0.00
505001
Risk Management Fund
0.00
2,698.89
505002
Health Insurance Administration
0.00
2,892.06
611
Tourist Development Trust-Adv Fund
2,983.98
2,487.60
801
Bank Fund
23,657.30
0.00
GRAND TOTAL:
828,282.18
1,105,881.10
Packet Pg. 25
8.C.1
ITEM NO. (ID # 2960)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE: 07/21/2015
*CONSENT AGENDA\COUNTY
ATTORNEY
County Owned Tax Certificates - Permission to Initiate Tax Deed
Application Process
The Property Acquisition Division requests permission to authorize the Tax Collector to begin processing
tax deed applications on all properties subject to a County owned tax certificate two years or older which
have an assessed value of $5,000 or more.
Section 197.502(3), Florida Statutes, provides:
The County in which the property described in the certificate is located shall apply for a tax
deed on all County -held certificates on property valued at $5,000 or more on the Property
Appraiser's most recent assessment roll, except deferred payment tax certificates, and may
apply for tax deeds on certificates on property valued at less than $5,000 on the Property
Appraiser's most recent assessment roll. The application shall be made two years after
April 1 of the year of issuance of the certificates or as soon thereafter as is reasonable.
Upon application, the County shall deposit with the Tax Collector all applicable costs and
fees as provided in subsection (1), but may not deposit any money to cover the redemption
of other outstanding certificates covering the property.
The application procedure is as follows:
1. Board approval to proceed.
2. Tax Deed Application to Tax Collector with fee.
3. Tax Collector orders the Title Search.
4. Tax Collector provides the Title Search to the Clerk of the Circuit Court.
5. Clerk of the Circuit Court will set the sale date, process for advertisement of the tax deed
application and the parties that may have an interest are notified by certified mail and/or Sheriff's service.
6. Sale is held via Internet Auction at <https://stlucie.clerkauction.com>.
Packet Pg. 26
8.C.1
7. The successful bidder obtains the property. If no one bids, the County has 90 days to either pay
the taxes due and receive a tax deed or place the property on the List of Lands Available for Taxes.
Please note that the property owner has up to the minute prior to the tax deed sale to redeem the tax
certificates plus expenses and interest that may have accrued during this time. If this happens or
someone else bids and receives the tax deed, the County will recoup all the expenses that the County has
incurred. If no one bids on the parcel, the County will not recoup the tax deed application fees until the
property is purchased from the List of Lands Available for Taxes. The estimated cost for each tax deed
application is $750.00.
Once authorized to proceed with the tax deed application, the Property Acquisition Division will assemble
the tax map and the Property Appraiser's information for all the parcels on the Tax Deed Application List
and make the map and information available to other County Departments for review. These
departments may have a use now or in the future for the property (i.e. right-of-way, mosquito
impoundment, drainage outfall, recreational uses, environmental land preservation, office expansion,
etc.). If one of the County Departments has a need for one of the parcels, upon County Commission
approval, the County will bid at the sale. If this occurs and no one bids against the County or if the County
wins the bid, the County is required to pay all back taxes and final fees in order to obtain a tax deed.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funds will be made available in: 001-1900-531000-390016 (Professional Services) 001-1900-549000-
390016 (Advertising) and 001-1900-542000-390016 (Postage)
RECOMMENDATION:
Staff recommends that the Board authorize staff to initiate Tax Deed Applications for all properties
subject to a County Owned Tax Certificate two years or older which has an assessed value of $5,000 or
more.
COMMISSION ACTION:
Coordination/Signatures
A"�
Heather Young, Asst. County Attorney 7/8/2015
Updated: 7/13/2015 12:09 PM byJoAnn Riley Page 2
Packet Pg. 27
8.C.1.a
Tax Year
Owner
Property Address
Parcel ID
Assessed Value
2009
2009
Talley and Perry Ventures Inc
1210 W JOY LN CTY
2303-610-0026-000/7
$ 6,400.00
2009
Gobin, Ashray
0 ORANGE AV CTY
2308-601-0172-000/2
$ 5,900.00
2009
Montez, Juanita
0 LOTT ST CTY
2312-414-0008-000/1
$ 13,600.00
2009
GM Mortgage & Real Estate Inc
1511 EMERALD TERR FP
2409-820-0009-000/2
$ 5,900.00
2009
Agnello, Joseph
0 SPRUCE DR CTY
3402-610-0100-000/7
$ 5,170.00
2009
Atlantic Gulf Communities
0 TBD CTY
3419-515-0003-010/0
$ 18,500.00
2009
Fahr (EST), Stella
0 TBD CTY
3412-501-0003-000/3
$ 6,300.00
2009
D R Horton Inc
8825 OKEECHOBEE RD CTY
2323-501-0050-000/1
$ 410,500.00
2009
BJK LLC
10005 OKEECHOBEE RD CTY
2327-214-0010-000/0
$ 580,900.00
2009
BJK LLC
0 TBD CTY
2327-311-0001-000/2
$ 525,600.00
2009
Kondaur Capital Corporation
162 SE Cortile Arno PSL
4414-600-0129-000/5
$ 5,324.00
2009
Deacon Worldwide Inc
292 SE Via Sangro PSL
4414-600-0152-000/5
$ 14,500.00
2009
BHD Corp
112 SE Cortile Pinero PSL
4414-600-0265-000/0
$ 5,324.00
2009
Baker, Timothy
204 SE Via Tirso PSL
4414-600-0290-000/4
$ 5,324.00
2009
Brask, William J
216 SE Via Tirso PSL
4414-600-0293-000/5
$ 5,324.00
2010
2010
D R Horton Inc
8825 OKEECHOBEE RD CTY
2323-501-0050-000/1
$ 410,500.00
2010
Hall, Sherrie
706 N 20th ST FP
2404-715-0019-000/7
$ 8,500.00
2010
GGH 15 LLC
0 N 26th ST FP
2408-501-0044-000/6
$ 10,800.00
2010
GM Mortgage & Real Estate Inc
1511 Emerald TERR FP
2409-820-0009-000/2
$ 5,900.00
2010
Paschal, Jeffrey W
0 TBD CTY
3402-608-0180-000/4
$ 5,280.00
2010
Fordyce Sr, Ralph E
0 TBD CTY
3414-501-1015-300/6
$ 5,000.00
2010
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0020-000/6
$ 63,700.00
2010
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0021-000/3
$ 37,300.00
2010
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0024-000/4
$ 74,000.00
2010
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0028-000/2
$ 256,600.00
2010
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0032-000/3
$ 397,100.00
2010
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0035-000/4
$ 360,700.00
2010
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0037-000/8
$ 121,500.00
2010
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0039-000/2
$ 2,279,800.00
2010
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0040-000/2
$ 143,500.00
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8.C.1.a
2010
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0043-000/3
$ 400,400.00
2010
Homes by Kennedy II Ltd
0 TBD PSL
4304-502-0022-000/6
$ 200,497.00
2010
Homes by Kennedy II Ltd
2326 SE Tavares DR PSL
4401-504-0063-000/9
$ 6,050.00
2010
Berger (TR), Anita
183 SE Via Terra Bella PSL
4411-701-0286-000/4
$ 23,958.00
2010
Berger (TR), Anita
150 SE Fiore Bello PSL
4411-701-0292-000/9
$ 33,880.00
2010
Macari, Stephen J
166 SE Strada Tione PSL
4411-701-0296-000/7
$ 28,435.00
2010
Rubin, Steve
182 SE Fiore Bello PSL
4411-701-0300-000/9
$ 28,072.00
2010
Siegel, Alan
131 SE Via Bisento PSL
4414-600-0055-000/5
$ 7,986.00
2010
Snure, Mark
267 SE Via Bisento PSL
4414-600-0082-000/3
$ 7,986.00
2010
Fifth Third Mortgage Company
386 SE Via Sangro PSL
4414-600-0111-000/6
$ 10,890.00
2010
Marder, Brian J
133 SE Cortile Arno PSL
4414-600-0121-000/9
$ 5,324.00
2010
McCarthy, Stephen
336 SE Via Sangro PSL
4414-600-0141-000/5
$ 5,324.00
2010
Fifth Third Bank
296 SE Via Sangro PSL
4414-600-0151-000/8
$ 10,890.00
2010
Gropper, Laurence A
108 SE Cortile Enza PSL
4414-600-0204-000/5
$ 5,324.00
2010
Braswell Family LLLP
104 SE Cortile Enza PSL
4414-600-0205-000/2
$ 5,324.00
2010
Nafso, Athir J
180 SE Via Bisento PSL
4414-600-0209-000/0
$ 5,324.00
2010
Brosnan, Joseph S
116 SE Via Tirso PSL
4414-600-0271-000/5
$ 5,324.00
2010
Nannoshi, Saad
132 SE Via Tirso PSL
4414-600-0275-000/3
$ 5,324.00
2010
Starling, Robert
200 SE Via Tirso PSL
4414-600-0289-000/4
$ 14,500.00
2010
Gaw, Michael
199 SE Via Tirso PSL
4414-600-0297-000/3
$ 5,324.00
2010
Ramirez, Rafael A
133 SE Via Lago Cervaro PSL
4415-500-0029-000/0
$ 13,915.00
2010
Nasscond Inc
568 SE Fascino CIR PSL
4434-501-0080-000/7
$ 16,940.00
2010
Bullard II (TR), James D
511 SE Fascino CIR PSL
4434-501-0118-000/3
$ 18,150.00
2010
Tarpon IV LLC
104 SE Rio Palermo PSL
4434-600-0057-000/1
$ 16,200.00
2010
BJK LLC
10005 OKEECHOBEE RD CTY
2327-214-0010-000/0
$ 580,900.00
2010
BJK LLC
0 TBD CTY
2327-311-0001-000/2
$ 525,600.00
2010
Agnello, Joseph
0 SPRUCE DR CTY
3402-610-0100-000/7
$ 5,170.00
2010
R-G Crown Bank
191 SE Via Tirso PSL
4414-600-0299-000/7
$ 10,890.00
2011
2011
Petersen, Joram 0
1708 N FFA RD CTY
2303-232-0005-000/4
$ 24,900.00
2011
Talley and Perry Ventures Inc
1210 W JOY LN CTY
2303-610-0026-000/7
$ 6,400.00
2011
Montez, Juanita
0 LOTT ST CTY
2312-414-0008-000/1
$ 13,600.00
2011
D R Horton Inc
8825 OKEECHOBEE RD CTY
2323-501-0050-000/1
$ 410,500.00
2011
BJK LLC
10005 OKEECHOBEE RD CTY, FL
2327-214-0010-000/0
$ 580,900.00
2011
BJK LLC
0 TBD CTY
2327-311-0001-000/2
$ 525,600.00
2011
Tarpon IV LLC
0 TBD FP
2404-443-0034-000/4
$ 22,800.00
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2011
Shaw, Michael J
3509 Avenue I CTY
2404-608-0157-000/7
$ 6,700.00
2011
Reynolds, Diane H
706 N 20th ST FP
2404-715-0019-000/7
$ 8,500.00
2011
Hubbard (EST), Georgia M
912 N 13th ST FP
2404-804-0038-000/9
$ 20,600.00
2011
Dieuvil, Guilfort
4000 Avenue L CTY
2405-601-0559-000/7
$ 36,200.00
2011
McMinns, Jessie
2512 Avenue J FP
2405-810-0017-000/8
$ 18,900.00
2011
Fox And Mysin Investments LLC
2504 Avenue J FP
2405-810-0021-010/2
$ 10,900.00
2011
GGH 15 LLC
0 N 26th ST FP
2408-501-0044-000/6
$ 10,800.00
2011
Ortega (TR), Danilo
3111 Boston Ave FP
2408-805-0008-000/5
$ 16,200.00
2011
GGH 15 LLC
1120 Avenue D FP
2409-501-0101-000/7
$ 7,700.00
2011
Saucedo, Avelardo
320 N 17th ST FP
2409-511-0017-000/2
$ 18,700.00
2011
Qasem, Alia
1920 Avenue D FP
2409-602-0259-000/9
$ 23,100.00
2011
Shroyer Jr, Gene H
108 S 15th ST FP
2409-813-0015-010/8
$ 29,100.00
2011
GM Mortgage & Real Estate Inc
1511 Emerald TERR FP
2409-820-0009-000/2
$ 5,900.00
2011
L and P Garden Inc
0 TBD CTY
2426-501-0021-000/5
$ 35,400.00
2011
Joywa Inc
0 REVELS LN CTY
2427-702-0085-000/1
$ 7,900.00
2011
Hutchinson Oceanside Investmen
0 TBD CTY
2532-500-0013-000/9
$ 28,900.00
2011
Paschal, Jeffrey W
0 Birch DR CTY
3402-608-0180-000/4
$ 5,280.00
2011
Fund for Animals Inc
0 TBD CTY
3402-609-0643-000/1
$ 6,490.00
2011
Sibley, Gertrude
0 TBD CTY
3402-609-0666-000/8
$ 14,740.00
2011
Agnello, Joseph
5606 SPRUCE DR CTY
3402-610-0100-000/7
$ 5,170.00
2011
Tarpon IV LLC
0 Cory Campbell RD CTY
3403-701-0090-000/5
$ 5,800.00
2011
Provident Financial LLC
621 NE Moss Rose PL PSL
3416-702-0009-000/4
$ 13,200.00
2011
Provident Financial LLC
667 NE Moss Rose PL PSL
3416-702-0020-000/7
$ 13,200.00
2011
Provident Financial LLC
671 NE Moss Rose PL PSL
3416-702-0021-000/4
$ 13,200.00
2011
Provident Financial LLC
679 NE Moss Rose PL PSL
3416-702-0023-000/8
$ 13,200.00
2011
Provident Financial LLC
683 NE Moss Rose PL PSL
3416-702-0024-000/5
$ 13,200.00
2011
Provident Financial LLC
687 NE Moss Rose PL PSL
3416-702-0025-000/2
$ 13,200.00
2011
Provident Financial LLC
695 NE Moss Rose PL PSL
3416-702-0027-000/6
$ 13,200.00
2011
Provident Financial LLC
634 NE Moss Rose PL PSL
3416-702-0028-000/3
$ 13,200.00
2011
Provident Financial LLC
638 NE Moss Rose PL PSL
3416-702-0029-000/0
$ 13,200.00
2011
Provident Financial LLC
652 NE Moss Rose PL PSL
3416-702-0030-000/0
$ 13,200.00
2011
Provident Financial LLC
656 NE Moss Rose PL PSL
3416-702-0031-000/7
$ 13,200.00
2011
Out of Control In Florida LLC
662 NE Hammock Creek Trl PSL
3416-766-0007-000/8
$ 222,000.00
2011
Atlantic Gulf Communities
0 TBD CTY
3419-515-0003-010/0
$ 18,500.00
2011
Multi Media Concepts Inc
2002 SW Beauregard ST PSL
3420-535-2024-000/0
$ 8,250.00
2011
Bradshaw , Phyllis
855 SW California Blvd PSL
3420-540-0772-000/0
$ 7,260.00
2011
Goldstein (TR), Barbara L
1718 SW Alberca LN PSL
3420-550-0324-000/6
$ 7,260.00
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2011
Vanderhoff, Dana
1712 SE Fallon DR PSL
3420-560-0254-000/5
$ 7,480.00
2011
Frances, Shadrack
3402 SW MARTIN ST PSL
3420-580-1136-000/1
$ 7,260.00
2011
Frances, Shadrack
3374 SW MARTIN ST PSL
3420-580-1137-000/8
$ 7,260.00
2011
Garcia, Orlando
3501 SW KROMREY ST PSL
3420-590-0689-000/6
$ 13,530.00
2011
Multi Media Concepts Inc
1186 SW HUNNICUT AV PSL
3420-590-1510-000/8
$ 6,380.00
2011
Tarpon IV LLC
1472 SW Axtell Ave PSL
3420-590-1982-000/7
$ 6,380.00
2011
Multi Media Concepts Inc
1282 SW MINYO AV PSL
3420-590-2314-000/1
$ 6,600.00
2011
Crosley, Louise W
1401 SW Glastonberry Ave PSL
3420-590-2552-000/1
$ 6,380.00
2011
Amadco Inc
1701 SW Cannon Ave PSL
3420-595-0646-000/8
$ 8,360.00
2011
Tarpon IV LLC
770 SW MCCALL RD PSL
3420-600-0840-000/1
$ 6,490.00
2011
Jazon, William
3891 SW JABLO ST PSL
3420-600-0929-000/9
$ 6,930.00
2011
Tarpon IV LLC
486 SW FELDMAN AV PSL
3420-605-0750-000/8
$ 6,600.00
2011
Multi Media Concepts Inc
546 NW Billiar Ave PSL
3420-630-1135-000/6
$ 5,720.00
2011
D and B Management Inc
332 SW Buswell Ave PSL
3420-630-1379-000/8
$ 5,610.00
2011
Tarpon IV LLC
638 SW TWIG AV PSL
3420-635-0276-000/4
$ 5,610.00
2011
Tarpon IV LLC
1634 SW IMPORT DR PSL
3420-650-0424-000/4
$ 7,700.00
2011
Tarpon IV LLC
1634 SW EDINBURGH DR PSL
3420-660-0613-000/7
$ 6,490.00
2011
O'Brien, Joseph S
4658 SW SCANAVINO ST PSL
3420-660-2446-000/9
$ 7,700.00
2011
Dial, Freddie P
4299 SW MC CRORY ST PSL
3420-660-3117-000/1
$ 8,360.00
2011
Blanc, Jean C
615 SW Caburn Ave PSL
3420-660-3352-000/0
$ 9,020.00
2011
Thompson, Richard E
367 SW MILLARD DR PSL
3420-665-0214-000/5
$ 6,490.00
2011
Multi Media Concepts Inc
230 SW BECKER RD PSL
3420-665-1521-000/7
$ 7,150.00
2011
Amadco Inc
362 SW N QUICK CIR PSL
3420-665-0618-000/7
$ 7,150.00
2011
Hayes, Douglas A
373 SW LOG DR PSL
3420-665-2666-000/2
$ 8,140.00
2011
Paramont Quality Homes Corp
6476 NW GROVELAND TERR PSL
3420-720-0108-000/7
$ 8,360.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0013-000/4
$ 22,600.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0014-000/1
$ 207,500.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0016-000/5
$ 19,000.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0017-000/2
$ 6,700.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0018-000/9
$ 27,900.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0019-000/6
$ 34,500.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0020-000/6
$ 63,700.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0021-000/3
$ 37,300.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0024-000/4
$ 74,000.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0028-000/2
$ 256,600.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0032-000/3
$ 397,100.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0035-000/4
$ 360,700.00
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2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0037-000/8
$ 121,500.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0039-000/2
$ 2,279,800.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0040-000/2
$ 143,500.00
2011
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0043-000/3
$ 400,400.00
2011
St Lucie Property Investors LL
0 TBD PSL
4304-502-0022-000/6
$ 200,497.00
2011
St Lucie Property Investors LL
2326 SE Tavares DR PSL
4401-504-0063-000/9
$ 6,050.00
2011
RES FL Eastlake LLC
2383 SE Ruskin DR PSL
4401-504-0208-000/8
$ 5,720.00
2011
RES FL Eastlake LLC
1927 SE Oldsmar DR PSL
4401-504-0285-000/1
$ 5,720.00
2011
Berger (TR), Anita
183 SE Via Terra Bella PSL
4411-701-0286-000/4
$ 23,958.00
2011
Alfresco Acquisitions LLC
142 SE Fiore Bello PSL
4411-701-0290-000/5
$ 28,193.00
2011
Berger (TR), Anita
150 SE Fiore Bello PSL
4411-701-0292-000/9
$ 33,880.00
2011
Macari, Stephen J
166 SE Strada Tione PSL
4411-701-0296-000/7
$ 28,435.00
2011
Rubin, Steve
182 SE Fiore Bello PSL
4411-701-0300-000/9
$ 28,072.00
2011
Folker, Mary A
312 SE MAJESTIC TERR PSL
3420-560-1371-000/8
$ 14,080.00
2011
Amadco Inc
4089 SW MACKEMER RD PSL
3420-590-0435-000/1
$ 6,600.00
2011
Smith, Tracey M
202 SE Fiore Bello PSL
4411-701-0305-000/4
$ 28,072.00
2011
Culberson, James
477 SW Bradshaw CIR PSL
3420-665-3017-000/5
$ 6,930.00
2011
First Peoples Bank
3232 SE QUAY ST PSL
3420-690-1136-000/9
$ 13,420.00
2011
PGM Builders Inc
103 SE Via Bisento PSL
4414-600-0048-000/3
$ 7,986.00
2011
Siegel, Alan
131 SE Via Bisento PSL
4414-600-0055-000/5
$ 7,986.00
2011
Price, Scott M
167 SE Via Bisento PSL
4414-600-0064-000/1
$ 7,986.00
2011
Harmon, Gary L
191 SE Via Bisento PSL
4414-600-0067-000/2
$ 7,986.00
2011
Florida Ventures LLC
215 SE Via Bisento PSL
4414-600-0073-000/7
$ 7,986.00
2011
Fifth Third Mortgage Company
243 SE Via Bisento PSL
4414-600-0076-000/8
$ 13,310.00
2011
Zagari, John
251 SE Via Bisento PSL
4414-600-0078-000/2
$ 7,986.00
2011
HSD of Central Florida LLC
252 SE Via Bisento PSL
4414-600-0089-000/2
$ 5,324.00
2011
Tarpon IV LLC
419 SE Via Sangro PSL
4414-600-0094-000/0
$ 5,324.00
2011
Fifth Third Mortgage Company
386 SE Via Sangro PSL
4414-600-0111-000/6
$ 10,890.00
2011
Marder, Brian J
133 SE Cortile Arno PSL
4414-600-0121-000/9
$ 5,324.00
2011
HSD of Central Florida LLC
162 SE Cortile Arno PSL
4414-600-0129-000/5
$ 5,324.00
2011
Kelly, Timothy J
142 SE Cortile Arno PSL
4414-600-0134-000/3
$ 14,500.00
2011
McCarthy, Stephen
336 SE Via Sangro PSL
4414-600-0141-000/5
$ 5,324.00
2011
Tarpon IV LLC
312 SE Via Sangro PSL
4414-600-0147-000/7
$ 5,324.00
2011
Fifth Third Bank
296 SE Via Sangro PSL
4414-600-0151-000/8
$ 10,890.00
2011
Deacon Worldwide Inc
292 SE Via Sangro PSL
4414-600-0152-000/5
$ 14,500.00
2011
Wonderful Investments of Flori
224 SE Via Sangro PSL
4414-600-0166-000/6
$ 10,890.00
2011
Fifth Third Mortgage Company
204 SE Via Sangro PSL
4414-600-0171-000/4
$ 14,500.00
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2011
Brown, David
168 SE Via Sangro PSL
4414-600-0180-000/0
$ 5,324.00
2011
Fifth Third Bank
162 SE Strada Cervaro PSL
4414-600-0187-000/9
$ 10,890.00
2011
Gropper, Laurence A
108 SE Cortile Enza PSL
4414-600-0204-000/5
$ 5,324.00
2011
Braswell Family LLLP
104 SE Cortile Enza PSL
4414-600-0205-000/2
$ 5,324.00
2011
Lender Asset Resolution Inc
188 SE Via Bisento PSL
4414-600-0207-000/6
$ 5,324.00
2011
Nafso, Athir J
180 SE Via Bisento PSL
4414-600-0209-000/0
$ 5,324.00
2011
Doherty II, William J
205 SE Via Sangro PSL
4414-600-0232-000/0
$ 5,324.00
2011
Yuval, Itzhak
213 SE Via Sangro PSL
4414-600-0234-000/4
$ 5,324.00
2011
Florida Ventures LLC
241 SE Via Sangro PSL
4414-600-0241-000/6
$ 5,324.00
2011
R-G Loan Trust Cert 2005-2
249 SE Via Sangro PSL
4414-600-0243-000/0
$ 10,890.00
2011
Sobol, John 0
273 SE Via Sangro PSL
4414-600-0249-000/2
$ 5,324.00
2011
BHD Corp
112 SE Cortile Pinero PSL
4414-600-0265-000/0
$ 5,324.00
2011
Brosnan, Joseph S
116 SE Via Tirso PSL
4414-600-0271-000/5
$ 5,324.00
2011
Nannoshi, Saad
132 SE Via Tirso PSL
4414-600-0275-000/3
$ 5,324.00
2011
Starling, Robert
200 SE Via Tirso PSL
4414-600-0289-000/4
$ 14,500.00
2011
Baker, Timothy
204 SE Via Tirso PSL
4414-600-0290-000/4
$ 5,324.00
2011
Snure, Mark
267 SE Via Bisento PSL
4414-600-0082-000/3
$ 7,986.00
2011
Brask, William J
216 SE Via Tirso PSL
4414-600-0293-000/5
$ 5,324.00
2011
Fifth Third Mortgage Company
220 SE Via Tirso PSL
4414-600-0294-000/2
$ 10,890.00
2011
R-G Loan Trust Certicates 2005
201 SE Via Tirso PSL
4414-600-0296-000/6
$ 10,890.00
2011
Gaw, Michael
199 SE Via Tirso PSL
4414-600-0297-000/3
$ 5,324.00
2011
R-G Crown Bank
191 SE Via Tirso PSL
4414-600-0299-000/7
$ 10,890.00
2011
RG Loan Trust Cert 2005-2
133 SE Via Lago Cervaro PSL
4415-500-0029-000/0
$ 13,915.00
2011
Concepts in Software Inc
155 SE Via Lago Garda PSL
4415-500-0036-000/2
$ 13,310.00
2011
Nasscond Inc
568 SE Fascino CIR PSL
4434-501-0080-000/7
$ 16,940.00
2011
Bullard II (TR), James D
511 SE Fascino CIR PSL
4434-501-0118-000/3
$ 18,150.00
2011
Preferred Prop of SL LLC
0 TBD CTY
4502-212-0001-000/1
$ 523,000.00
2012
2012
Zinker, Tamera
4994 Deanna LN CTY
1430-702-0020-000/5
$ 6,400.00
2012
Rossi, Frank
4807 JUANITA AV CTY
1431-703-0034-000/2
$ 5,700.00
2012
Petersen, Joram 0
1708 N FFA RD CTY
2303-232-0005-000/4
$ 24,900.00
2012
Talley and Perry Ventures Inc
1210 W JOY LN CTY
2303-610-0026-000/7
$ 6,400.00
2012
CONFIDENTIAL
CONFIDENTIAL
2310-601-0003-000/4
$ 21,500.00
2012
Montez, Juanita
0 LOTT ST CTY
2312-414-0008-000/1
$ 13,600.00
2012
D R Horton Inc
8825 OKEECHOBEE RD CTY
2323-501-0050-000/1
$ 410,500.00
2012
BJK LLC
10005 OKEECHOBEE RD CTY, FL
2327-214-0010-000/0
$ 580,900.00
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2012
BJK LLC
0 OKEECHOBEE RD CTY
2327-311-0001-000/2
$ 525,600.00
2012
GGH 15 LLC
0 N 8th ST FP
2403-705-0030-000/6
$ 6,160.00
2012
Shaw, Michael J
3509 Avenue I CTY
2404-608-0157-000/7
$ 6,700.00
2012
Drummond, Kenneth L
1204 N 25th ST FP
2404-702-0047-000/2
$ 25,400.00
2012
Rey Property Investors LLC
706 N 20th ST FP
2404-715-0019-000/7
$ 8,500.00
2012
Dieuvil, Guilfort
4000 Avenue L CTY
2405-601-0559-000/7
$ 36,200.00
2012
Shazier, Maurice
3409 SLOAN RD CTY
2405-715-0020-000/0
$ 19,000.00
2012
McMinns, Jessie
2512 Avenue J FP
2405-810-0017-000/8
$ 18,900.00
2012
Fox And Mysin Investments LLC
2504 Avenue J FP
2405-810-0021-010/2
$ 10,900.00
2012
Simon, Isdelmi
1919 N 51st ST CTY
2406-502-0143-000/7
$ 13,900.00
2012
GGH 15 LLC
0 N 26th ST FP
2408-501-0044-000/6
$ 10,800.00
2012
GGH 15 LLC
1120 Avenue D FP
2409-501-0101-000/7
$ 7,700.00
2012
Musaitef, Mohammed Y
1920 Avenue D FP
2409-602-0259-000/9
$ 23,100.00
2012
Goodwin, Sharoen E
511 N 18th ST FP
2409-602-0292-000/2
$ 8,000.00
2012
Daniel, Robert R
515 N 18th ST FP
2409-602-0294-000/6
$ 44,900.00
2012
CONFIDENTIAL
CONFIDENTIAL
2409-603-0055-000/2
$ 7,800.00
2012
Bouvier (TR), Thomas R
1903 Delaware Ave FP
2409-712-0012-000/4
$ 19,900.00
2012
Hehn, Teresia
1514 Emerald TERR FP
2409-818-0026-000/0
$ 23,300.00
2012
GM Mortgage & Real Estate Inc
1511 Emerald TERR FP
2409-820-0009-000/2
$ 5,900.00
2012
Deutsche Bank National Trust
0 Jersey AV FP
2416-506-0008-000/2
$ 5,300.00
2012
Marc, Vedette
605 Ixoria Ave FP
2422-715-0002-000/1
$ 13,031.00
2012
Hutchinson Oceanside Investmen
0 S OCEAN DR CTY
2532-500-0013-000/9
$ 28,900.00
2012
West Brook Isles Ptner 1 LLC
1163 SW SWAN LAKE CIR PSL
3325-544-0031-000/4
$ 6,000.00
2012
Paschal, Jeffrey W
0 Birch DR CTY
3402-608-0180-000/4
$ 5,280.00
2012
Fund for Animals Inc
5904 HICKORY DR CTY
3402-609-0643-000/1
$ 6,490.00
2012
Sibley, Gertrude
5913 SUNSET BV CTY
3402-609-0666-000/8
$ 14,740.00
2012
Agnello, Joseph
5606 SPRUCE DR CTY
3402-610-0100-000/7
$ 5,170.00
2012
Provident Financial LLC
630 NE Turtleback Trl PSL
3416-678-0028-000/1
$ 6,000.00
2012
Provident Financial LLC
624 NE Turtleback Trl PSL
3416-678-0029-000/8
$ 6,000.00
2012
Provident Financial LLC
618 NE Turtleback Trl PSL
3416-678-0030-000/8
$ 6,000.00
2012
Provident Financial LLC
690 NE Purple Martin PL PSL
3416-678-0040-000/1
$ 6,000.00
2012
Provident Financial LLC
750 NE Turtleback Trl PSL
3416-678-0047-000/0
$ 6,000.00
2012
Provident Financial LLC
756 NE Turtleback Trl PSL
3416-678-0048-000/7
$ 6,000.00
2012
Provident Financial LLC
768 NE Turtleback Trl PSL
3416-678-0050-000/4
$ 6,000.00
2012
Provident Financial LLC
774 NE Turtleback Trl PSL
3416-678-0051-000/1
$ 6,000.00
2012
Provident Financial LLC
740 NE Whistling Duck WAY PSL
3416-678-0052-000/8
$ 6,000.00
2012
Provident Financial LLC
621 NE Moss Rose PL PSL
3416-702-0009-000/4
$ 13,200.00
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Provident Financial LLC
667 NE Moss Rose PL PSL
3416-702-0020-000/7
$ 13,200.00
2012
Provident Financial LLC
671 NE Moss Rose PL PSL
3416-702-0021-000/4
$ 13,200.00
2012
Provident Financial LLC
679 NE Moss Rose PL PSL
3416-702-0023-000/8
$ 13,200.00
2012
Provident Financial LLC
683 NE Moss Rose PL PSL
3416-702-0024-000/5
$ 13,200.00
2012
Provident Financial LLC
687 NE Moss Rose PL PSL
3416-702-0025-000/2
$ 13,200.00
2012
Provident Financial LLC
691 NE Moss Rose PL PSL
3416-702-0026-000/9
$ 13,200.00
2012
Provident Financial LLC
695 NE Moss Rose PL PSL
3416-702-0027-000/6
$ 13,200.00
2012
Provident Financial LLC
634 NE Moss Rose PL PSL
3416-702-0028-000/3
$ 13,200.00
2012
Provident Financial LLC
638 NE Moss Rose PL PSL
3416-702-0029-000/0
$ 13,200.00
2012
Provident Financial LLC
652 NE Moss Rose PL PSL
3416-702-0030-000/0
$ 13,200.00
2012
Provident Financial LLC
656 NE Moss Rose PL PSL
3416-702-0031-000/7
$ 13,200.00
2012
Out of Control In Florida LLC
0 ST JAMES DR PSL
3416-766-0005-000/4
$ 172,200.00
2012
Atlantic Gulf Communities
0 TBD CTY
3419-515-0003-010/0
$ 18,500.00
2012
Wiggins, John
1320 SW JANETTE AV PSL
3420-535-0764-000/5
$ 7,260.00
2012
Multi Media Concepts Inc
2002 SW Beauregard ST PSL
3420-535-2024-000/0
$ 8,250.00
2012
Sanchez, Maria A
0 SW Cleary TERR PSL
3420-540-0512-000/0
$ 7,260.00
2012
Goldstein (TR), Barbara L
1718 SW Alberca LN PSL
3420-550-0324-000/6
$ 7,260.00
2012
Vanderhoff, Dana
1712 SE Fallon DR PSL
3420-560-0254-000/5
$ 7,480.00
2012
Catalano, Steven
1697 SW TAURUS LN PSL
3420-560-0566-000/5
$ 7,590.00
2012
Fidanza (EST), Maria M
3573 SW PORT ST LUCIE BV PSL
3420-570-0794-000/3
$ 8,000.00
2012
Hartdorn, Jeffrey
1010 SW Aswan Ave PSL
3420-575-0411-000/0
$ 7,370.00
2012
Frances, Shadrack
3402 SW MARTIN ST PSL
3420-580-1136-000/1
$ 7,260.00
2012
Frances, Shadrack
3374 SW MARTIN ST PSL
3420-580-1137-000/8
$ 7,260.00
2012
Multi Media Concepts Inc
142 SW PORT ST LUCIE BV PSL
3420-585-1253-000/2
$ 7,590.00
2012
Anderson, Wanda
709 SE Academy LN PSL
3420-585-3212-000/7
$ 6,710.00
2012
Garcia, Orlando
3501 SW KROMREY ST PSL
3420-590-0689-000/6
$ 13,530.00
2012
Multi Media Concepts Inc
1186 SW HUNNICUT AV PSL
3420-590-1510-000/8
$ 6,380.00
2012
Mannino, John F
1342 SW Axtell Ave PSL
3420-590-1957-000/3
$ 12,760.00
2012
Tarpon IV LLC
1472 SW Axtell Ave PSL
3420-590-1982-000/7
$ 6,380.00
2012
Multi Media Concepts Inc
1282 SW MINYO AV PSL
3420-590-2314-000/1
$ 6,600.00
2012
Crosley, Louise W
1401 SW Glastonberry Ave PSL
3420-590-2552-000/1
$ 6,380.00
2012
Amadco Inc
1701 SW Cannon Ave PSL
3420-595-0646-000/8
$ 8,360.00
2012
De Quiroz Baird, Meire
818 SW MCCRACKEN AV PSL
3420-600-0279-000/7
$ 6,490.00
2012
Tarpon IV LLC
770 SW MCCALL RD PSL
3420-600-0840-000/1
$ 6,490.00
2012
Jazon, William
3891 SW JABLO ST PSL
3420-600-0929-000/9
$ 6,930.00
2012
Diaz, Tammy L
4073 SW MCINTYRE ST PSL
3420-600-1055-000/8
$ 6,490.00
2012
Noel, Sadrac D
565 SW FIELDS AV PSL
3420-605-0260-000/6
$ 6,930.00
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Fajkis, Ireneusz
3749 SW HAINES ST PSL
3420-605-0688-000/2
$ 6,490.00
2012
Fiallos, Antonio L
1344 SW Babcock Ave PSL
3420-610-0748-000/7
$ 7,480.00
2012
Multi Media Concepts Inc
601 NW PRIMA VISTA BV PSL
3420-630-0440-000/0
$ 16,800.00
2012
Nunez, Luis G
194 NW Aileen ST PSL
3420-630-0541-000/8
$ 5,720.00
2012
Amadco Inc
541 NW PRIMA VISTA BV PSL
3420-630-1113-000/6
$ 6,400.00
2012
Multi Media Concepts Inc
546 NW Billiar Ave PSL
3420-630-1135-000/6
$ 5,720.00
2012
D and B Management Inc
322 SW Buswell Ave PSL
3420-630-1378-000/1
$ 5,610.00
2012
Jean -Jean, Francis A
2401 SE MARIUS ST PSL
3420-645-1655-000/3
$ 7,480.00
2012
Tarpon IV LLC
1634 SW IMPORT DR PSL
3420-650-0424-000/4
$ 7,700.00
2012
Ellison, Heather M
2112 SW HARRISON AV PSL
3420-650-1629-000/8
$ 7,920.00
2012
Tarpon IV LLC
1634 SW EDINBURGH DR PSL
3420-660-0613-000/7
$ 6,490.00
2012
Williams, Alvin
4572 SW SAVONA BV PSL
3420-660-1061-000/9
$ 6,490.00
2012
Semprum Jr, Freddie
1101 SW KHAN DR PSL
3420-660-1767-000/8
$ 7,260.00
2012
Pellichero, Edward R
1050 SW HALEYBERRY AV PSL
3420-660-2058-000/2
$ 6,490.00
2012
O'Brien, Joseph S
4658 SW SCANAVINO ST PSL
3420-660-2446-000/9
$ 7,700.00
2012
Dial, Freddie P
4299 SW MC CRORY ST PSL
3420-660-3117-000/1
$ 8,360.00
2012
Blanc, Jean C
615 SW Caburn Ave PSL
3420-660-3352-000/0
$ 9,020.00
2012
Thompson, Richard E
367 SW MILLARD DR PSL
3420-665-0214-000/5
$ 6,490.00
2012
Davis, Byron
581 SW UNDALLO RD PSL
3420-665-1025-000/0
$ 7,150.00
2012
Catalano, George
4601 SW Athena DR PSL
3420-665-1413-000/7
$ 9,020.00
2012
Multi Media Concepts Inc
230 SW BECKER RD PSL
3420-665-1521-000/7
$ 7,150.00
2012
Brumbelow, Anthony
269 SW N WAKEFIELD CIR PSL
3420-665-2078-000/3
$ 7,150.00
2012
Tarpon IV LLC
183 SW N WAKEFIELD CIR PSL
3420-665-2191-000/1
$ 7,150.00
2012
Clarke, Altimond
459 SW NAMOIT PL PSL
3420-665-2409-000/3
$ 7,150.00
2012
Hayes, Douglas A
373 SW LOG DR PSL
3420-665-2666-000/2
$ 8,140.00
2012
Crosley, Pansy N
4534 SW RANSOM LN PSL
3420-665-2813-000/8
$ 7,150.00
2012
Perez, Felipe
2399 SW HALISSEE ST PSL
3420-670-0071-000/6
$ 7,370.00
2012
Tarpon IV LLC
2274 SW Abalon CIR PSL
3420-670-0442-000/8
$ 7,150.00
2012
Broekhuis, Maisie C
2325 SW IMPORT DR PSL
3420-670-0520-000/9
$ 7,920.00
2012
Scheerer, Nelson E
3101 SW WILLIG ST PSL
3420-705-1767-000/4
$ 8,030.00
2012
Tarpon IV LLC
6731 NW DUKE AV PSL
3420-715-0386-000/3
$ 11,200.00
2012
Paramont Quality Homes Corp
6476 NW GROVELAND TERR PSL
3420-720-0108-000/7
$ 8,360.00
2012
Conran, David G
6705 Fort Walton AV CTY
1301-612-0106-000/9
$ 33,200.00
2012
Wiregrass Home Builders Inc
2397 SE SHERLOCK LN PSL
3422-525-0268-000/3
$ 11,600.00
2012
Amadco Inc
362 SW N QUICK CIR PSL
3420-665-0618-000/7
$ 7,150.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0013-000/4
$ 22,600.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0014-000/1
$ 207,500.00
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PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0016-000/5
$ 19,000.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0017-000/2
$ 6,700.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0018-000/9
$ 27,900.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0019-000/6
$ 34,500.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0020-000/6
$ 63,700.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0021-000/3
$ 37,300.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0024-000/4
$ 74,000.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0028-000/2
$ 256,600.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0032-000/3
$ 397,100.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0035-000/4
$ 360,700.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0037-000/8
$ 121,500.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0039-000/2
$ 2,279,800.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0040-000/2
$ 143,500.00
2012
PSL City Center LLC
9300 S US HWY 1 PSL
3435-803-0043-000/3
$ 400,400.00
2012
St Lucie Property Investors LL
0 SW Village Parkway PSL
4304-502-0022-000/6
$ 200,497.00
2012
St Lucie Property Investors LL
2326 SE Tavares DR PSL
4401-504-0063-000/9
$ 6,050.00
2012
RES FL Eastlake LLC
2383 SE Ruskin DR PSL
4401-504-0208-000/8
$ 5,720.00
2012
RES FL Eastlake LLC
1927 SE Oldsmar DR PSL
4401-504-0285-000/1
$ 5,720.00
2012
Berger (TR), Anita
183 SE Via Terra Bella PSL
4411-701-0286-000/4
$ 23,958.00
2012
Premier Resorts of America LLC
138 SE Fiore Bello PSL
4411-701-0289-000/5
$ 28,072.00
2012
Alfresco Acquisitions LLC
142 SE Fiore Bello PSL
4411-701-0290-000/5
$ 28,193.00
2012
Migyanka, John
146 SE Fiore Bello PSL
4411-701-0291-000/2
$ 28,314.00
2012
Berger (TR), Anita
150 SE Fiore Bello PSL
4411-701-0292-000/9
$ 33,880.00
2012
Macari, Stephen J
166 SE Strada Tione PSL
4411-701-0296-000/7
$ 28,435.00
2012
Rubin, Steve
182 SE Fiore Bello PSL
4411-701-0300-000/9
$ 28,072.00
2012
Smith, Tracey M
202 SE Fiore Bello PSL
4411-701-0305-000/4
$ 28,072.00
2012
PGM Builders Inc
103 SE Via Bisento PSL
4414-600-0048-000/3
$ 7,986.00
2012
Siegel, Alan
131 SE Via Bisento PSL
4414-600-0055-000/5
$ 7,986.00
2012
Price, Scott M
167 SE Via Bisento PSL
4414-600-0064-000/1
$ 7,986.00
2012
Harmon, Gary L
191 SE Via Bisento PSL
4414-600-0067-000/2
$ 7,986.00
2012
Alfresco PSL Holding LLC
195 SE Via Bisento PSL
4414-600-0068-000/9
$ 13,310.00
2012
Florida Ventures LLC
215 SE Via Bisento PSL
4414-600-0073-000/7
$ 7,986.00
2012
Alfresco PSL Holdings LLC
243 SE Via Bisento PSL
4414-600-0076-000/8
$ 13,310.00
2012
Zagari, John
251 SE Via Bisento PSL
4414-600-0078-000/2
$ 7,986.00
2012
Snure, Mark
267 SE Via Bisento PSL
4414-600-0082-000/3
$ 7,986.00
2012
HSD of Central Florida LLC
252 SE Via Bisento PSL
4414-600-0089-000/2
$ 5,324.00
2012
Tarpon IV LLC
419 SE Via Sangro PSL
4414-600-0094-000/0
$ 5,324.00
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Alfresco PSL Holdings LLC
386 SE Via Sangro PSL
4414-600-0111-000/6
$ 10,890.00
2012
Marder, Brian J
133 SE Cortile Arno PSL
4414-600-0121-000/9
$ 5,324.00
2012
HSD of Central Florida LLC
162 SE Cortile Arno PSL
4414-600-0129-000/5
$ 5,324.00
2012
Tesoro Preserve POA Inc
142 SE Cortile Arno PSL
4414-600-0134-000/3
$ 14,500.00
2012
McCarthy, Stephen
336 SE Via Sangro PSL
4414-600-0141-000/5
$ 5,324.00
2012
Tarpon IV LLC
312 SE Via Sangro PSL
4414-600-0147-000/7
$ 5,324.00
2012
Alfresco PSL Holdings LLC
296 SE Via Sangro PSL
4414-600-0151-000/8
$ 10,890.00
2012
Tesoro Preserve POA Inc
292 SE Via Sangro PSL
4414-600-0152-000/5
$ 14,500.00
2012
Wonderful Investments of Flori
224 SE Via Sangro PSL
4414-600-0166-000/6
$ 10,890.00
2012
Fifth Third Mortgage Company
204 SE Via Sangro PSL
4414-600-0171-000/4
$ 14,500.00
2012
Brown, David
168 SE Via Sangro PSL
4414-600-0180-000/0
$ 5,324.00
2012
Alfresco PSL Holdings LLC
162 SE Strada Cervaro PSL
4414-600-0187-000/9
$ 10,890.00
2012
Gropper, Laurence A
108 SE Cortile Enza PSL
4414-600-0204-000/5
$ 5,324.00
2012
Braswell Family LLLP
104 SE Cortile Enza PSL
4414-600-0205-000/2
$ 5,324.00
2012
Lender Asset Resolution Inc
188 SE Via Bisento PSL
4414-600-0207-000/6
$ 5,324.00
2012
Nafso, Athir J
180 SE Via Bisento PSL
4414-600-0209-000/0
$ 5,324.00
2012
Doherty II, William J
205 SE Via Sangro PSL
4414-600-0232-000/0
$ 5,324.00
2012
Yuval, Itzhak
213 SE Via Sangro PSL
4414-600-0234-000/4
$ 5,324.00
2012
Florida Ventures LLC
241 SE Via Sangro PSL
4414-600-0241-000/6
$ 5,324.00
2012
Alfresco PSL Holdings LLC
249 SE Via Sangro PSL
4414-600-0243-000/0
$ 10,890.00
2012
Sobol, John 0
273 SE Via Sangro PSL
4414-600-0249-000/2
$ 5,324.00
2012
BHD Corp
112 SE Cortile Pinero PSL
4414-600-0265-000/0
$ 5,324.00
2012
Brosnan, Joseph S
116 SE Via Tirso PSL
4414-600-0271-000/5
$ 5,324.00
2012
Nannoshi, Saad
132 SE Via Tirso PSL
4414-600-0275-000/3
$ 5,324.00
2012
Alfresco PSL Holdings LLC
186 SE Via Tirso PSL
4414-600-0287-000/0
$ 10,890.00
2012
Tesoro Preserve POA Inc
200 SE Via Tirso PSL
4414-600-0289-000/4
$ 14,500.00
2012
Baker, Timothy
204 SE Via Tirso PSL
4414-600-0290-000/4
$ 5,324.00
2012
Brask, William J
216 SE Via Tirso PSL
4414-600-0293-000/5
$ 5,324.00
2012
Alfresco PSL Holdings LLC
220 SE Via Tirso PSL
4414-600-0294-000/2
$ 10,890.00
2012
Alfresco PSL Holdings LLC
201 SE Via Tirso PSL
4414-600-0296-000/6
$ 10,890.00
2012
Gaw, Michael
199 SE Via Tirso PSL
4414-600-0297-000/3
$ 5,324.00
2012
Alfresco PSL Holdings LLC
191 SE Via Tirso PSL
4414-600-0299-000/7
$ 10,890.00
2012
Alfresco Acquisitions LLC
133 SE Via Lago Cervaro PSL
4415-500-0029-000/0
$ 13,915.00
2012
Concepts in Software Inc
155 SE Via Lago Garda PSL
4415-500-0036-000/2
$ 13,310.00
2012
Nasscond Inc
568 SE Fascino CIR PSL
4434-501-0080-000/7
$ 16,940.00
2012
Freeman, Karen L
584 SE Fascino CIR PSL
4434-501-0082-000/1
$ 16,940.00
2012
Bullard II (TR), James D
511 SE Fascino CIR PSL
4434-501-0118-000/3
$ 18,150.00
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Alfresco PSL Holdings LLC
170 SE Santa Gardenia PSL
4434-600-0019-000/3
$ 18,000.00
2012
Exchange Facilitator Inc
112 SE Rio Palermo PSL
4434-600-0053-000/3
$ 18,000.00
2012
Alfresco PSL Holdings LLC
106 SE Rio Palermo PSL
4434-600-0056-000/4
$ 18,000.00
2012
Tarpon IV LLC
104 SE Rio Palermo PSL
4434-600-0057-000/1
$ 16,200.00
2012
Preferred Prop of SL LLC
0 TBD CTY
4502-212-0001-000/1
$ 523,000.00
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REQUEST TO START TAX DEED APPLICATION
Date: J U LY 21, 2015
IN ACCORDANCE WITH THE FLORIDA STATUTES AND AS HOLDER OF THE FOLLOWING TAX SALE
CERTIFICATES, THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DOES HEREBY REQUEST THE
TAX COLLECTOR TO MAKE TAX DEED APPLICATION ON THE FOLLOWING TAX CERTIFICATES AND ALL
OTHER CERTIFICATES OF THE SAME LEGAL DESCRIPTION WHICH ARE IN ITS POSSESSION.
TAX YEAR PARCEL ID
2009
2303-610-0026-000/7
2009
2308-601-0172-000/2
2009
2312-414-0008-000/1
2009
2409-820-0009-000/2
2009
3402-610-0100-000/7
2009
3419-515-0003-010/0
2009
3412-501-0003-000/3
2009
2323-501-0050-000/1
2009
2327-214-0010-000/0
2009
2327-311-0001-000/2
2009
4414-600-0129-000/5
2009
4414-600-0152-000/5
2009
4414-600-0265-000/0
2009
4414-600-0290-000/4
2009
4414-600-0293-000/5
2010
2323-501-0050-000/1
2010
2404-715-0019-000/7
2010
2408-501-0044-000/6
2010
2409-820-0009-000/2
2010
3402-608-0180-000/4
2010
3414-501-1015-300/6
2010
3435-803-0020-000/6
2010
3435-803-0021-000/3
2010
3435-803-0024-000/4
2010
3435-803-0028-000/2
2010
3435-803-0032-000/3
2010
3435-803-0035-000/4
2010
3435-803-0037-000/8
2010
3435-803-0039-000/2
2010
3435-803-0040-000/2
2010
3435-803-0043-000/3
2010
4304-502-0022-000/6
2010
4401-504-0063-000/9
2010
4411-701-0286-000/4
2010
4411-701-0292-000/9
2010
4411-701-0296-000/7
2010
4411-701-0300-000/9
2010
4414-600-0055-000/5
2010
4414-600-0082-000/3
2010
4414-600-0111-000/6
2010
4414-600-0121-000/9
2010
4414-600-0141-000/5
Packet Pg. 40
8.C.1.b
2010
4414-600-0151-000/8
2010
4414-600-0204-000/5
2010
4414-600-0205-000/2
2010
4414-600-0209-000/0
2010
4414-600-0271-000/5
2010
4414-600-0275-000/3
2010
4414-600-0289-000/4
2010
4414-600-0297-000/3
2010
4415-500-0029-000/0
2010
4434-501-0080-000/7
2010
4434-501-0118-000/3
2010
4434-600-0057-000/1
2010
2327-214-0010-000/0
2010
2327-311-0001-000/2
2010
3402-610-0100-000/7
2010
4414-600-0299-000/7
2011
2303-232-0005-000/4
2011
2303-610-0026-000/7
2011
2312-414-0008-000/1
2011
2323-501-0050-000/1
2011
2327-214-0010-000/0
2011
2327-311-0001-000/2
2011
2404-443-0034-000/4
2011
2404-608-0157-000/7
2011
2404-715-0019-000/7
2011
2404-804-0038-000/9
2011
2405-601-0559-000/7
2011
2405-810-0017-000/8
2011
2405-810-0021-010/2
2011
2408-501-0044-000/6
2011
2408-805-0008-000/5
2011
2409-501-0101-000/7
2011
2409-511-0017-000/2
2011
2409-602-0259-000/9
2011
2409-813-0015-010/8
2011
2409-820-0009-000/2
2011
2426-501-0021-000/5
2011
2427-702-0085-000/1
2011
2532-500-0013-000/9
2011
3402-608-0180-000/4
2011
3402-609-0643-000/1
2011
3402-609-0666-000/8
2011
3402-610-0100-000/7
2011
3403-701-0090-000/5
2011
3416-702-0009-000/4
2011
3416-702-0020-000/7
2011
3416-702-0021-000/4
2011
3416-702-0023-000/8
2011
3416-702-0024-000/5
2011
3416-702-0025-000/2
2011
3416-702-0027-000/6
2011
3416-702-0028-000/3
2011
3416-702-0029-000/0
2011
3416-702-0030-000/0
2011
3416-702-0031-000/7
2011
3416-766-0007-000/8
2011
3419-515-0003-010/0
2011
3420-535-2024-000/0
Packet Pg. 41
8.C.1.b
2011
3420-540-0772-000/0
2011
3420-550-0324-000/6
2011
3420-560-0254-000/5
2011
3420-580-1136-000/1
2011
3420-580-1137-000/8
2011
3420-590-0689-000/6
2011
3420-590-1510-000/8
2011
3420-590-1982-000/7
2011
3420-590-2314-000/1
2011
3420-590-2552-000/1
2011
3420-595-0646-000/8
2011
3420-600-0840-000/1
2011
3420-600-0929-000/9
2011
3420-605-0750-000/8
2011
3420-630-1135-000/6
2011
3420-630-1379-000/8
2011
3420-635-0276-000/4
2011
3420-650-0424-000/4
2011
3420-660-0613-000/7
2011
3420-660-2446-000/9
2011
3420-660-3117-000/1
2011
3420-660-3352-000/0
2011
3420-665-0214-000/5
2011
3420-665-1521-000/7
2011
3420-665-0618-000/7
2011
3420-665-2666-000/2
2011
3420-720-0108-000/7
2011
3435-803-0013-000/4
2011
3435-803-0014-000/1
2011
3435-803-0016-000/5
2011
3435-803-0017-000/2
2011
3435-803-0018-000/9
2011
3435-803-0019-000/6
2011
3435-803-0020-000/6
2011
3435-803-0021-000/3
2011
3435-803-0024-000/4
2011
3435-803-0028-000/2
2011
3435-803-0032-000/3
2011
3435-803-0035-000/4
2011
3435-803-0037-000/8
2011
3435-803-0039-000/2
2011
3435-803-0040-000/2
2011
3435-803-0043-000/3
2011
4304-502-0022-000/6
2011
4401-504-0063-000/9
2011
4401-504-0208-000/8
2011
4401-504-0285-000/1
2011
4411-701-0286-000/4
2011
4411-701-0290-000/5
2011
4411-701-029
2-000/9
2011
4411-701-029
6-000/7
2011
4411-701-0300-000/9
2011
3420-560-1371-000/8
2011
3420-590-0435-000/1
2011
4411-701-0305-000/4
2011
3420-665-3017-000/5
2011
3420-690-1136-000/9
2011
4414-600-0048-000/3
Packet Pg. 42
8.C.1.b
2011
4414-600-0055-000/5
2011
4414-600-0064-000/1
2011
4414-600-0067-000/2
2011
4414-600-0073-000/7
2011
4414-600-0076-000/8
2011
4414-600-0078-000/2
2011
4414-600-0089-000/2
2011
4414-600-0094-000/0
2011
4414-600-0111-000/6
2011
4414-600-0121-000/9
2011
4414-600-0129-000/5
2011
4414-600-0134-000/3
2011
4414-600-0141-000/5
2011
4414-600-0147-000/7
2011
4414-600-0151-000/8
2011
4414-600-0152-000/5
2011
4414-600-0166-000/6
2011
4414-600-0171-000/4
2011
4414-600-0180-000/0
2011
4414-600-0187-000/9
2011
4414-600-0204-000/5
2011
4414-600-0205-000/2
2011
4414-600-0207-000/6
2011
4414-600-0209-000/0
2011
4414-600-0232-000/0
2011
4414-600-0234-000/4
2011
4414-600-0241-000/6
2011
4414-600-0243-000/0
2011
4414-600-0249-000/2
2011
4414-600-0265-000/0
2011
4414-600-0271-000/5
2011
4414-600-0275-000/3
2011
4414-600-0289-000/4
2011
4414-600-0290-000/4
2011
4414-600-0082-000/3
2011
4414-600-0293-000/5
2011
4414-600-0294-000/2
2011
4414-600-0296-000/6
2011
4414-600-0297-000/3
2011
4414-600-0299-000/7
2011
4415-500-0029-000/0
2011
4415-500-0036-000/2
2011
4434-501-0080-000/7
2011
4434-501-0118-000/3
2011
4502-212-0001-000/1
2012
1430-702-0020-000/5
2012
1431-703-0034-000/2
2012
2303-232-0005-000/4
2012
2303-610-0026-000/7
2012
2310-601-0003-000/4
2012
2312-414-0008-000/1
2012
2323-501-0050-000/1
2012
2327-214-0010-000/0
2012
2327-311-0001-000/2
2012
2403-705-0030-000/6
2012
2404-608-0157-000/7
2012
2404-702-0047-000/2
2012
2404-715-0019-000/7
Packet Pg. 43
8.C.1.b
2012
2405-601-0559-000/7
2012
2405-715-0020-000/0
2012
2405-810-0017-000/8
2012
2405-810-0021-010/2
2012
2406-502-0143-000/7
2012
2408-501-0044-000/6
2012
2409-501-0101-000/7
2012
2409-602-0259-000/9
2012
2409-602-0292-000/2
2012
2409-602-0294-000/6
2012
2409-603-0055-000/2
2012
2409-712-0012-000/4
2012
2409-818-0026-000/0
2012
2409-820-0009-000/2
2012
2416-506-0008-000/2
2012
2422-715-0002-000/1
2012
2532-500-0013-000/9
2012
3325-544-0031-000/4
2012
3402-608-0180-000/4
2012
3402-609-0643-000/1
2012
3402-609-0666-000/8
2012
3402-610-0100-000/7
2012
3416-678-0028-000/1
2012
3416-678-0029-000/8
2012
3416-678-0030-000/8
2012
3416-678-0040-000/1
2012
3416-678-0047-000/0
2012
3416-678-0048-000/7
2012
3416-678-0050-000/4
2012
3416-678-0051-000/1
2012
3416-678-0052-000/8
2012
3416-702-0009-000/4
2012
3416-702-0020-000/7
2012
3416-702-0021-000/4
2012
3416-702-0023-000/8
2012
3416-702-0024-000/5
2012
3416-702-0025-000/2
2012
3416-702-0026-000/9
2012
3416-702-0027-000/6
2012
3416-702-0028-000/3
2012
3416-702-0029-000/0
2012
3416-702-0030-000/0
2012
3416-702-0031-000/7
2012
3416-766-0005-000/4
2012
3419-515-0003-010/0
2012
3420-535-0764-000/5
2012
3420-535-2024-000/0
2012
3420-540-0512-000/0
2012
3420-550-0324-000/6
2012
3420-560-0254-000/5
2012
3420-560-0566-000/5
2012
3420-570-0794-000/3
2012
3420-575-0411-000/0
2012
3420-580-1136-000/1
2012
3420-580-1137-000/8
2012
3420-585-1253-000/2
2012
3420-585-3212-000/7
2012
3420-590-0689-000/6
Packet Pg. 44
8.C.1.b
2012
3420-590-1510-000/8
2012
3420-590-1957-000/3
2012
3420-590-1982-000/7
2012
3420-590-2314-000/1
2012
3420-590-2552-000/1
2012
3420-595-0646-000/8
2012
3420-600-0279-000/7
2012
3420-600-0840-000/1
2012
3420-600-0929-000/9
2012
3420-600-1055-000/8
2012
3420-605-0260-000/6
2012
3420-605-0688-000/2
2012
3420-610-0748-000/7
2012
3420-630-0440-000/0
2012
3420-630-0541-000/8
2012
3420-630-1113-000/6
2012
3420-630-1135-000/6
2012
3420-630-1378-000/1
2012
3420-645-1655-000/3
2012
3420-650-0424-000/4
2012
3420-650-1629-000/8
2012
3420-660-0613-000/7
2012
3420-660-1061-000/9
2012
3420-660-1767-000/8
2012
3420-660-2058-000/2
2012
3420-660-2446-000/9
2012
3420-660-3117-000/1
2012
3420-660-3352-000/0
2012
3420-665-0214-000/5
2012
3420-665-1025-000/0
2012
3420-665-1413-000/7
2012
3420-665-1521-000/7
2012
3420-665-2078-000/3
2012
3420-665-2191-000/1
2012
3420-665-2409-000/3
2012
3420-665-2666-000/2
2012
3420-665-2813-000/8
2012
3420-670-0071-000/6
2012
3420-670-0442-000/8
2012
3420-670-0520-000/9
2012
3420-705-1767-000/4
2012
3420-715-0386-000/3
2012
3420-720-0108-000/7
2012
1301-612
-0106-000/9
2012
3422-525-0268-000/3
2012
3420-665-0618-000/7
2012
3435-803-0013-000/4
2012
3435-803-0014-000/1
2012
3435-803-0016-000/5
2012
3435-803-0017-000/2
2012
3435-803-0018-000/9
2012
3435-803-0019-000/6
2012
3435-803-0020-000/6
2012
3435-803-0021-000/3
2012
3435-803-0024-000/4
2012
3435-803-0028-000/2
2012
3435-803-0032-000/3
2012
3435-803-0035-000/4
Packet Pg. 45
8.C.1.b
2012
3435-803-0037-000/8
2012
3435-803-0039-000/2
2012
3435-803-0040-000/2
2012
3435-803-0043-000/3
2012
4304-502-0022-000/6
2012
4401-504-0063-000/9
2012
4401-504-0208-000/8
2012
4401-504-0285-000/1
2012
4411-701-0286-000/4
2012
4411-701-0289-000/5
2012
4411-701-0290-000/5
2012
4411-701-0291-000/2
2012
4411-701-0292-000/9
2012
4411-701-0296-000/7
2012
4411-701-0300-000/9
2012
4411-701-0305-000/4
2012
4414-600-0048-000/3
2012
4414-600-0055-000/5
2012
4414-600-0064-000/1
2012
4414-600-0067-000/2
2012
4414-600-0068-000/9
2012
4414-600-0073-000/7
2012
4414-600-0076-000/8
2012
4414-600-0078-000/2
2012
4414-600-0082-000/3
2012
4414-600-0089-000/2
2012
4414-600-0094-000/0
2012
4414-600-0111-000/6
2012
4414-600-0121-000/9
2012
4414-600-0129-000/5
2012
4414-600-0134-000/3
2012
4414-600-0141-000/5
2012
4414-600-0147-000/7
2012
4414-600-0151-000/8
2012
4414-600-0152-000/5
2012
4414-600-0166-000/6
2012
4414-600-0171-000/4
2012
4414-600-0180-000/0
2012
4414-600-0187-000/9
2012
4414-600-0204-000/5
2012
4414-600-0205-000/2
2012
4414-600-0207-000/6
2012
4414-600-0209-000/0
2012
4414-600-0232-000/0
2012
4414-600-0234-000/4
2012
4414-600-0241-000/6
2012
4414-600-0243-000/0
2012
4414-600-0249-000/2
2012
4414-600-0265-000/0
2012
4414-600-0271-000/5
2012
4414-600-0275-000/3
2012
4414-600-0287-000/0
2012
4414-600-0289-000/4
2012
4414-600-0290-000/4
2012
4414-600-0293-000/5
2012
4414-600-0294-000/2
2012
4414-600-0296-000/6
2012
4414-600-0297-000/3
Packet Pg. 46
8.C.1.b
2012
4414-600-0299-000/7
2012
4415-500-0029-000/0
2012
4415-500-0036-000/2
2012
4434-501-0080-000/7
2012
4434-501-0082-000/1
2012
4434-501-0118-000/3
2012
4434-600-0019-000/3
2012
4434-600-0053-000/3
2012
4434-600-0056-000/4
2012
4434-600-0057-000/1
2012
4502-212-0001-000/1
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
By:
Paula A. Lewis, Chair
Packet Pg. 47
County Owned Tax Certificates
= 2009 = 2010
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Packet Pg. 48
F W, I PRO"ll"Im, I ME
8.C.2
ITEM NO. (ID # 2975)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE: 07/21/2015
*CONSENT AGENDA\COUNTY
ATTORNEY
Cypress Creek Preserve - Environmental Lands - Parcel ID 3119-133-0001-
000-0 - Florida Southeast Connection
On January 27, 2015, St. Lucie County acquired the Cypress Creek property (783.41 acres) from Route 70
Property Holdings, LLC for the Environmental Lands Program.
Florida Southeast Connection has contacted County staff to acquire a Pipeline Easement and two
Temporary Work Space areas on the Cypress Creek property. Florida Southeast Connection is proposing
to construct and operate an approximately 126-mile natural gas pipeline known as the FSC Project. The
FSC Project is designed to meet the increased demand for natural gas for electric generation, distribution,
and end use markets in Florida. The FSC Project is proposed to begin at the new Central Florida Hub
constructed by Sabal Trail Transmission, LLC west of Intercession City, Florida and travel south through
Osceola, Polk, Okeechobee, St. Lucie and Martin counties before terminating at an existing gas yard at
Florida Power & Light Company's (FPL) Martin Clean Energy Center in Indiantown, Florida.
As indicated in the attached sketch and legal description, the Pipeline Easement will consist of 4.373
acres, Temporary Work Space Number 1 consists of 4.393 acres and Temporary Work Space Number 2
consists of 0.344 acres. Florida Southeast Connection has offered the County $22,612.04 for the Pipeline
Easement and Temporary Work Spaces based upon $4,250.00 per acre, the price the County paid for the
land in January of 2015. There will also be a loss of 49 bald cypress trees in the Pipeline Easement area.
The Environmental Resources Department has indicated the value to be approximately $100 per tree or
$4,900.00 and Florida Southeast Connection has agreed to reimbursement the County that amount. The
Environmental Resources Department has reviewed and approves the County entering into the Pipeline
Easement and Temporary Work Spaces as indicated in the attached Memorandum.
J:T11Y1611 ` riTs iLS1►A
November 5, 2013 - Board of County Commissioners approval to pursue acquisition of the Cypress Creek
parcel.
Packet Pg. 50
8.C.2
November 18, 2014 - Board of County Commissioners approved the Contract for Sale and Purchase for
the acquisition of the Cypress Creek parcel.
January 27, 2015 - Statutory Warranty Deed from Route 70 Property Holdings, LLC to St. Lucie County.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board authorize the Chair to sign the Offer Letter and Pipeline Easement, direct
staff to return the executed documents to Florida Southeast Connection and record the Pipeline
Easement in the Public Records of St. Lucie County, Florida.
COMMISSION ACTION:
Coordination/Signatures
0
Heather Young, Asst. County Attorney 7/9/2015
Updated: 7/15/2015 9:48 AM by JoAnn Riley Page 2
Packet Pg. 51
8.C.2.a
FLORIDA SOUTHEAST
NNECTI N.
May 5, 2015
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Re: Part of Sections 29 & 30, Township 36 South, Range 37 East, St. Lucie County, Florida (the
"Property")
Dear Grantor:
Florida Southeast Connection, LLC, a Delaware limited liability company ("Grantee") is
desirous of building a natural gas pipeline across, over, under or through the Property owned by
St. Lucie County, a political subdivision of the State of Florida ("Grantor"). The right-of-way
shall be two hundred feet (200') in width during construction, reverting to fifty feet (50') in
width thereafter.
This project is presently in the permitting stage and Grantee is contacting owners along the
planned route to acquire rights -of -way under its early acquisition program. The following
describes Grantee's offer to you to acquire such right-of-way and the total consideration Grantee
is offering to you:
1) Grantee offers to pay you $22,612.04 ("Payment") for a grant to Grantee of a
permanent perpetual easement. The Pipeline Easement is enclosed with this letter for your
review. You can initiate the process on this offer by:
i) signing one original of this letter in the space indicated below;
ii) signing the enclosed Pipeline Easement in the presence of a notary and two
(2) witnesses; and
iii) returning both the original signed letter, and the original signed, witnessed
and notarized Pipeline Easement to me at the address above or in the self-
addressed, stamped envelope provided.
The Payment will be made within twenty (20) days of Grantee's receipt of a properly executed
original of this letter and the original Pipeline Easement, and approval by Grantee.
2) The Payment will constitute full consideration for the Pipeline Easement.
3) Grantee agrees to repair any damages it causes to your Property or any
improvements located on the Property in connection with the construction of said pipeline.
Packet Pg. 52
8.C.2.a
4) Grantee shall have the right to record the Pipeline Easement or a Memorandum
reflecting the terms of said Pipeline Easement in the public records.
If more than one person owns the Property, the approved Payment will be made to you in
proportion to your percentage of ownership in the Property. All payments will be made to you at
the address set forth above or at such other address as you may designate, in writing, to Grantee.
Once Grantee mails the Payment to you, Grantee may commence construction of Grantee's
pipeline on your Property under the Pipeline Easement.
Thank you in advance for your consideration of our request. Should you have any
questions, regarding this letter or the enclosed Pipeline Easement, please contact me at (248)
214-7787.
Very truly yours,
Steve Brown,
Field Project Manager, Doyle Land Services, Inc.,
Agent for Florida Southeast Connection, LLC
Accepted and agreed to this day of , 2015.
St. Lucie County,
a political subdivision of the State of Florida
By:
Print Name:
Title:
Packet Pg. 53
8.C.2.b
Property Easement Values
Tract #
County
Property
Acreage
Purchased
Value -per ac
Actual Value
Value/Acre
Original
Offer Letter
4007
SL
783.42
$ 3,329,500.00
$ 4,250.00
$ 16,129.44
Acre Used
Fee Value
%
Easement Value
Parcel?
Permanent
$ 4,250.00
4.373
$ 18,585.25
100
$
18,585.25
Parcel I
Temp
$ 4,250.00
4.393
$ 18,670.25
20
$
3,734.05
Parcel?
Temp
$ 4,250.00
0.3444
$ 1,463.70
20
$
292.74
TOTAL
$
22,612.04
Based on what St. Lucie's purchase price of $3,329,500 on January 27, 2015 = $4,249.96/ac
Q
Packet Pg. 54
8.C.2.c
This instrument was prepared by
and should be returned to:
Orin Shakerdge
NextEra Energy Resources, LLC
700 Universe Blvd., LAW/JB
Juno Beach, Florida 33408
PIPELINE EASEMENT
THIS PIPELINE EASEMENT (this "Agreement") is dated this day of
, 2015, by and between St. Lucie County, a political subdivision
of the State of Florida, whose address for notices is 2300 Virginia Avenue, Fort Pierce, Florida
34982 ("Grantor") and Florida Southeast Connection, LLC, a Delaware limited liability
company, its successors and/or assigns whose address for notices is 700 Universe Boulevard,
CRE/JB, Juno Beach, FL 33408 ("Grantee"). For and in consideration of the sum of TEN and
NO/100 DOLLARS, ($10.00) and other good and valuable consideration paid by Grantee, the
receipt and sufficiency whereof are hereby acknowledged, Grantor does hereby grant, bargain,
sell and convey to Grantee, a perpetual right-of-way and easement for and the right, privilege and
authority to construct, lay, install, operate, inspect, maintain, repair, replace, in whole or in part,
and remove a pipeline for the transportation of natural gas, together with such drips, traps,
valves, meters, meter housings, pumps, fittings, connections, pipeline markers, cathodic and
other protection equipment and such other equipment and facilities as are used or useful in the
construction, use, operation, repair, replacement, maintenance and removal of the pipeline
(collectively, the "Facilities"), and to erect, operate, maintain, repair and remove underground
communications equipment which are used or useful to the operation or maintenance of the
Facilities, on, under, over and/or through that certain tract of land situated in St. Lucie County,
State of Florida, and more particularly described on Exhibit A attached hereto and made a part of
this Agreement ("Property"). Grantor hereby warrants that Grantor has title to the Property and
full authority to enter into this Agreement without the consent or joinder of any additional party.
The pipeline will not exceed thirty-six inches (36") in diameter and the right-of-way shall be up
to two hundred feet (200') in width during construction ("Temporary Construction Easement
Area"), reverting to fifty feet (50') in width thereafter, as more fully shown on Exhibit A-1
attached hereto and made a part of this Agreement ("Easement Area").
Prior to the commencement of construction of the pipeline and following reasonable
notice to Grantor, Grantee is hereby granted the right to enter upon the Property, for survey and
investigatory purposes which shall include, but are not limited to, making surveys, soundings,
drillings, appraisals, environmental assessments, archaeological assessments, and other
examinations necessary to the construction of the pipeline. Grantee shall also enjoy rights of
ingress and egress to and from the Easement Area and installations and the route or locations
thereof over, under and across the Property and the adjacent lands of Grantor by means of
existing roads and lanes. Following construction of the pipeline, Grantee shall continue to have
the right of ingress and egress to and from the Temporary Construction Easement Area, to the
extent, if at all, that Grantee is required by any governmental permit(s) to monitor or maintain
Packet Pg. 55
8.C.2.c
any wetlands within the Temporary Construction Easement Area for a longer period of time. In
no event shall Grantee be under any affirmative obligation to construct any pipeline on the
Property. In the event Grantee fails to commence construction of the pipeline on the Property
prior to December 31, 2020, the rights herein granted shall terminate and Grantee shall record a
release of said easement rights.
Any pipeline laid under this Agreement shall be buried to a minimum depth of thirty
inches (30") from the surface. After Grantee's installation of the pipeline, neither party shall
diminish or reduce the soil cover over said pipeline as laid without the prior written consent of
the other party. Grantor reserves the right to the full use and enjoyment of the Easement Area for
all lawful purposes that do not interfere with the rights conveyed to Grantee herein; provided that
Grantor shall not construct over Grantee's permanent Easement Area any lakes, ponds, barns or
other temporary or permanent improvements or structures. Grantor further agrees not to plant
any trees or brush on the Easement Area. Grantee agrees to notify Grantor immediately in the
event any damages are caused by Grantee or Grantee's contractor to the Property or any
improvements located on the Property. Grantee will repair any such damage at its expense.
Notwithstanding anything contained herein to the contrary, in the exercise of its rights hereunder,
Grantee shall have the right (both during construction and following the installation of the
Facilities) to clear and keep cleared from the Easement Area all trees, brush, undergrowth,
buildings, structures, improvements or other obstructions that might interfere with Grantee's
rights under this Agreement.
Grantee shall defend, indemnify, protect and hold Grantor harmless from and against all
liabilities, costs, expenses, obligations, losses, damages, claims, including reasonable attorneys'
fees (collectively "Claims"), to the extent resulting from the negligence, willful misconduct, or
breach of this Agreement by Grantee, its agents, contractors or employees, invitees, licensees and
permittees; provided, however, that such Claims are not due to any negligence, willful
misconduct, or breach by Grantor, its agents, contractors or employees, invitees, licensees or
permittees.
Grantee may, without Grantor's consent or approval, mortgage, collaterally assign, or
otherwise encumber and grant security interests in all or any part of its interest in the Property.
These various security interests in all or a part of the Property are collectively referred to as a
"Mortgage" and each holder of the Mortgage, is referred to as "Mortgagee". To the extent
permitted by the Mortgage at issue, any Mortgagee shall be permitted to exercise or perform any
and all of Grantee's rights and obligations hereunder and Grantor shall accept such exercise and
performance thereby. Any Mortgagee under any Mortgage shall be entitled to assign its interest
or enforce its rights thereunder, as permitted by applicable law, without notice to or approval of
Grantor. Grantee may, without Grantor's consent or approval, sell, convey, lease, or assign all or
any portion of its interest in the Property, on either an exclusive or a non-exclusive basis, or to
grant subeasements, co -easements, separate leases, easements, licenses or similar rights with
respect to the Property (collectively, "Assignment"), to one or more persons or entities
(collectively "Assignee"). Any such assignment by Grantee of its interests shall release Grantee
from all obligations accruing after the date that liability for such obligations is assumed by
Page 2 of 7
Packet Pg. 56
8.C.2.c
Assignee. This Agreement shall be binding upon and shall inure to the benefit of, the heirs,
executors, administrators, successors, delegees and assigns of the parties hereto.
Notice is considered given either (i) when delivered in person to the recipient named in
the preamble, (ii) upon receipt after deposit in the United States mail in a sealed envelope or
container, postage and postal charges prepaid, return receipt requested or certified mail,
addressed by name and address to the party or person intended, or (iii) twenty-four (24) hours
from proper and timely delivery to an overnight courier service addressed by name and address to
the party or person described in the preamble.
[Signatures on Next Pages]
Page 3 of 7
Packet Pg. 57
8.C.2.c
WITNESS THE EXECUTION HEREOF on the date set forth below.
Grantor:
St. Lucie County,
a political subdivision of the State of Florida
By:
Print Name:
Title:
Approved as to form and sufficiency.
Daniel S. McIntyre,
St. Lucie County Attorney
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Witnesses for Grantor:
Print Name:
Print Name:
ATTEST:
Clerk of the Court
By:
Print Name:
ACKNOWLEDGEMENT
On this day of , 2015 before me, the undersigned
notary public, personally appeared as of St.
Lucie County, a political subdivision of the State of Florida, personally known to me to be the
person who subscribed to the foregoing instrument or who has produced a driver's license, as
identification.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
Name (Print):
Commission No.:
My Commission Expires:
Page 4 of 7
Packet Pg. 58
8.C.2.c
WITNESS THE EXECUTION HEREOF on the date set forth below.
Grantee:
Florida Southeast Connection, LLC,
a Delaware limited liability company
By:
Name:
Title:
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
On this day of , 2015 before me, the undersigned
notary public, personally appeared as ,
Florida Southeast Connection, LLC, a Delaware limited liability company, personally known to
me to be the person who subscribed to the foregoing instrument or who has produced a driver's
license as identification.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
Name (Print):_
Commission No.:
My Commission Expires:
Page 5 of 7
Packet Pg. 59
8.C.2.c
EXHIBIT A
Legal Description of Property
Being a parcel of land lying within Sections 19, 20, 29, and 30, Township 36 South, Range 37
East, St. Lucie County, Florida, more particularly described as follows:
Commencing at a 4" X 4" concrete monument and disk, stamped "FDOT", marking the
Southeast corner of said Section 30, thence South 88°50'51" West along the South line of said
Section 30, a distance of 1,789.51 feet to a point on the proposed northerly right-of-way line of
State Road No. 70 as shown on Florida Department Right -of -Way Map, State Project No. 94030-
2505, Item/Segment No. 2302621, W.P.I. No. 4119362, State Road No. 70, St. Lucie County,
dated 6/2001, sheets 10 through 14, and the Point of Beginning;
Thence South 88°50'51" West continuing along the South line of said Section 30, a distance of
830.10 feet to Southeast corner of that parcel of land described in Official Records Book 1352,
Page 1817, of the Public Records of said St. Lucie County; thence North 00°23' 11" West along
the East line of said Official Records Book 1352, Page 1817, a distance of 8,048.29 feet; thence
North 89°39'31" East departing said East line, a distance of 4330.34 feet; thence South
45°20'29" East, a distance of 226.27 feet; thence North 89°39'31" East a distance of 1236.80 feet
to a point on said proposed northerly right-of-way line; thence southwesterly along said proposed
northerly line the following 15 courses:
South 28°43'07" West, a distance of 280.31 feet to the point of curvature of a curve concave to
the East, having a radius of 4,034.72 feet; thence southerly along the arc of said curve through a
central angle of 15022'27", an arc distance of 1,082.64 feet; thence South 13°20'40" West, a
distance of 3,338.90 feet to the point of curvature of a curve concave to the West, having a radius
of 2,649.79 feet; thence southerly along the arc of said curve through a central angle of
18015'00", an arc distance of 844.02 feet; thence South 59°29' 10" East, a distance of 48.99 feet;
thence South 34041' 16" West, a distance of 1,123.21 feet to the point of curvature of a curve
concave to the Northwest, having a radius of 3,649.72 feet; thence southwesterly along the arc of
said curve through a central angle of 07043'09", an arc distance of 491.71 feet; thence South
39041'31" West, a distance of 288.64 feet to a point on a non -tangent curve through which a
radial line bears North 43005'35" West, said curve being concave to the Northwest, having a
radius of 3,674.72 feet; thence southwesterly, along the arc of said curve, through a central angle
of 09000'00", an arc distance of 577.22 feet; thence South 68°25'54" West, a distance of 98.00
feet to a point on a non -tangent curve, through which a radial line bears North 32040'47" West,
said curve being concave to the Northwest, having a radius of 3,605.39 feet; thence
southwesterly, along the arc of said curve, through a central angle of 12050' 18", an arc distance
of 807.86 feet; thence South 70°04' 18" West, a distance of 155.72 feet; thence South 72056'02"
West, a distance of 200.25 feet; thence South 70°04' 17" West, a distance of 297.92 feet to a
point on a non -tangent curve, through which a radial line bears South 19°55'45" East, said curve
being concave to the South, having a radius of 3,449.53 feet; thence westerly, along the arc of
said curve, through a central angle of 04039'38", an arc distance of 280.59 feet to a point on the
South line of said Section 30 and the Point of Beginning.
Page 6 of 7
Packet Pg. 60
8.C.2.c
EXHIBIT A-1
Depiction of the Easement Area
(See Attached)
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Packet Pg. 61
8.C.2.d
P.O.S.
PERMANENT
EASEMENT
LLGEN D
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BASELINE
FL =
CENTERLINE
FOOT =
FLORIDA DEPARTMENT OF TRANSPORTATION
O.R. =
OFFICIAL RECORDS
P.O.B. -
POINT OF BEGINNING �.
P.O.C. =
POINT OF COMMENCEMENT
SEC. =
SECTION
TWP.
TOWNSHIP
RNG. =
RANGE
R/W =
RIGHT OF WAY
N.T.S. =
NOT TO SCALE
=
PERMANENT EASEMENT
V771 =
TEMPORARY WORK SPACE
-
ADDITIONAL TEMPORARY WORK SPACE
=
TEMPORARY ACCESS EASEMENT
ISSUED FOR ACOUISITION
REVISED FOOTPRINT AND LEGAL
REVISED OWNER NAME, LEGAL k FOOTPRINT
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TEMPORARY WORK SPACE NO.
FSC-PARCEL NO. SL-009.000
ST. LUCIE COUNTY
D.R. 3712, PAGE 831
NORTHWESTERLY R/W LINES
SW CORNER OF
SE 1/4 OF SEC. 30 —.•� _- J
TWP. 36 S, RNG. 37 E SECTION 30
�-�SECTION 31
NOTES:
P. BEARACS SHOW NEREAV ARE ®LSED ON THE FLORKM STAT PLANE CDORDNVATE SYSTEM.
FAST ZONE NORM AMERKAN 047UM OF T98.7, NTH 7NE Af"T 9"aARY OF THE SOVDTWT
114 GYIARTFR OF SECWN 30, TOOraffP 36 SOM,, R4AV.E 37 EAST, BEAK N 00'23'09" W.
Z. TM5 SURREY WAS PERFORMED FOR THE SPECInC PVRPOSE OF ESTARL,SMAr A RASEUNF,
MAPPING SELECTED FEATURES AND LOCATAYG NECESSARY LAND ums FOR vnwe •RTNO DL•SA N
AND bk%ELffM ACOIASRWN FM A NATW2IL GAS PTPE'LLVE
3. DE3CRTPTION5 AND SKETCHES OF PROPOSED £45E0NTS DEWCTED NEREON ARE BASED ON
aFORAM7TON OBTAINED NTYE CONOUCT7NO STR7VEY REFERENCED PT NOTE Z AND ON DEEDS
SUPPUED 8Y CLIENT AND DO NOT CONSDTUTE THE RESULFS OF A BOUNDARY -"VEY
04/11/14 JLS 6uTU6
07/14/14 JLS I PRELIM
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CONST.
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SCALE: A:
SAINT LUCIE
SECTION 30 & 29
CURVE TABLE
NO RADIUS I DELTA ARC CHORD BEARING
Cl 3674,72' 00 47'19" 1 50.58' 50.58' 1 S 4733'04- W
LINE TABLE
„vHNLEE ST"Iff .
PROFESSIONAL SURVEYOR AND YAPPER
FLORIDA LICENSE NUMBER PSM 6593
NOT VAUD WITHOUT S"ATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
SPECIFIC PUR
FLORIDA SOUTHEAST DESCRIPTIVE SK
CONNI N.. ON THE
ST. LUC
SAINT LUCIE
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COUNTY, FLORIDA a
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8.C.2.d
SAINT LUCIE COUNTY, FLORIDA
SECTION 30 & 29, TWP. 36 S, RNG. 37 E
DESCRIFnCIN
A PARCEL OF LAND, LYING IN AND BEING PARTS OF SECTIONS 29 AND 30 TOWNSHIP
36 SOUTH, RANGE 37 EAST, SAINT LUCIE COUNTY, FLORIDA, BEING A PORTION OF
THAT PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3712, PAGE 831. PUBLIC
RECORDS OF SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION
30; THENCE N 0923'09" W, ALONG THE WEST BOUNDARY THEREOF, 3420.77 FEET TO
THE POINT OF BEGINNING: THENCE N O(T23'09" W. ALONG SAID WEST BOUNDARY,
64.60 FEET; THENCE S 51'06'04" E 3834,11 FEET TO THE NORTHWESTERLY RIGHT OF
WAY LINE OF STATE ROAD 70 (OKEECHOBEE ROAD), BEING A POINT ON A CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 3674.72 FEET, A DELTA OF
OO'47'19" AND A CHORD OF S 47-33'04" W 50.58 FEET; THENCE, ALONG THE ARC
OF SAID CURVE, 50.58 FEET; THENCE N 51*06*04' W 3785.60 FEET TO THE POINT
OF BEGINNING.
CONTAINING 4.373 ACRES (190.404 SQUARE FEET), MORE OR LESS.
TEMPORARY WORK SPACE NUMBER 1
BEING AN ADDITIONAL PARCEL OF LAND. ADJOINING THE NORTHEASTERLY SIDELINE OF
THE PREVIOUSLY DESCRIBED PERMANENT EASEMENT AS DEPICTED HEREON.
CONTAINING 4.393 ACRES (191,374 SQUARE FEET), MORE OR LESS.
TEMPORARY WORK SPACE NUMBER 2
BEING AN ADDITIONAL 75 FOOT WIDE STRIP, ADJOINING AND PARALLEL WITH THE
SOUTHWESTERLY SIDELINE OF THE PREVIOUSLY DESCRIBED PERMANENT EASEMENT.
CONTAINING 0.344 ACRE (15,000 SQUARE FEET), MORE OR LESS.
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8.C.2.e
Environmental Resources
= Department
Agenda Item Companion Report
TO: Board of County Commissioners
THROUGH: Amy Griffin, Environmental Resources Manager i5fF-- JUL 10 2015
FROM: Charles W. Barrowclough, Environmental Lands Coordinator
DATE: July 10, 2015
SUBJECT: Agenda Item No. 2975
Cypress Creek Preserve — Environmental Lands -- Parcel ID 3119-133-0001 -000-0
Florida Southeast Connection
DEPARTMENT COORDINATION:
The County Attorney's Office is assisting the Environmental Resources Department in establishing fair and
reasonable compensation for both permanent and temporary easements on Cypress Creek Preserve
associated with the construction of a gas pipeline by Florida Southeast Connection.
ERD INPUT:
Staff meet with representatives of Florida Southeast Connection to discuss the route of the easements,
minimization of impacts to the natural areas, permitting, construction techniques and compensation. Staff
determined that all the necessary permits requirements for the easement had been approved, restoration
to the temporary easements was adequate, and that efforts by Florida Southeast Connection to minimize
or overt impacts to the nature and cultural resources were addressed.
Staff has request however, the Florida Southeast Connection, compensate the County for the loss of 49
Bald Cypress trees, in both the temporary and permanent easements. The value of this compensation is
$100/tree or a total of $4,900.
The compensation for the temporary and permanent easements is $22,612.04, based on the acquisition
cost /per acre that the County paid for the land in January 2015.
The total compensation due to the County is $27,512.04.
ERD RECOMMENDATION:
ERD recommends the Board of County Commissions accepts negotiated compensation amount
($27,512.04) for the temporary and permanent easements associate with the gas pipeline construction at
Cypress Creek Preserve.
Packet Pg. 64
8.C.3
ITEM NO. (ID # 2957)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE: 07/21/2015
*CONSENT AGENDA\COUNTY
ATTORNEY
Contract - San Lucie Plaza Improvements - Inez McSween, Gary Self,
Andrew Self (deceased) and Clara Dozier - Parcel ID 1428-702-0982-000-9
St. Lucie County has designed, engineered and constructed storm water improvement projects to improve
water quality and protect vital resources in the Indian River Lagoon and St. Lucie County's natural surface
water bodies. The San Lucie Plaza Drainage Improvement Project is an important place in the County's
continuing effort to reduce the amount of pollutants that are detrimental to the Indian River Lagoon,
which State and Federal Environmental Agencies have identified as a priority surface water body.
San Lucie Plaza was platted in 1925 and was developed in 1960's before State water quality regulations
were developed. The area has a poor storm water conveyance system and no storm water treatment or
flood attenuation. During the rainy season storm water discharges into Canal 1, Taylor Creek and the
Indian River Lagoon. The San Lucie Plaza Drainage Project will pre -treat and convey storm water into
drainage swales. The County will also resurface the community's dirt roads with asphalt millings. The
millings will reduce dust and runoff until the roads can be re -graded and paved in future phases.
Callaway and Price, Inc. prepared an appraisal in October of 2014 for the parcel owned by Inez McSween,
Gary Self, Andrew Self (deceased) and Clara Dozier collectively. The County offered $14,000.00, 100% of
market value and the property owners have accepted.
PREVIOUS ACTION:
August 2014 - Grant Application submitted to St. Lucie River Issues Team Surface Water Restoration for
San Lucie Plaza Drainage Improvement Project.
March 3, 2015 - Board of County Commissioners approved Contracts for Sale and Purchase from Miss
Barnes, Herman Mitchell, Sr. and Mr. and Mrs. Thomas.
June 16, 2015 - Board of County Commissioners approved Contracts for Sale and Purchase from James
Murphy and 534 Decker Road, LLC.
Packet Pg. 65
8.C.3
FINANCIAL IMPACT:
Funds are available in the Storm Water MSTU Fund (102001-3725-561000-124602).
RECOMMENDATION:
Staff recommends that the Board accept the Contract from Inez McSween, Gary Self, Andrew Self and
Clara Dozier, authorize the Chair to sign the Contract and direct staff to proceed with the closing and
record the Warranty Deed in the Public Records of St. Lucie County.
COMMISSION ACTION:
Coordination/Signatures
updated: 7/13/2015 11:31 AM by Kelly Phelan Page 2
Packet Pg. 66
8.C.3.a
San Lucie Plaza improvement Project
County owned property in green
Contract in red
Packet Pg. 67
C. O 15 - a I — 8.C.3.b
PROJECT NAME: San Lucie Plaza Drainage Improvements
PARCEL: Inez McSween and Gary H. Self and Andrew Lamar Self and Clara Dozier
PARCEL No. 1428-702-0982-000/9
CONTRACT FOR SALE AND PURCHASE
FOR REAL PROPERTY ACQUISITION
THIS AGREEMENT made this day of , 2015. Inez McSween and
Gary H. Self and Andrew Lamar Self and Clara Dozier whose mailing address is 7507 Palomar
Street Fort Pierce FL 34951-1971 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 is Fourteen -Thousand and 00 100 Dollars
determined to be of the following: ($14,000.00)
Real Property Parcel I.D.1428-702-0982-000/9 $14,000.00
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.
A
3.
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.
TITLE.
PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance
from a title company of PURCHASER'S choice, certified to a date not earlier that 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
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8.C.3.b
which shall be discharged by SELLER at or before closing. Should PURCHASER find on
examination 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 Warranty
Deed, all real property to be free and clear of all liens and encumbrances except, taxes for
the current year, and zoning ordinances.
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.
8. POSSESSION.
SELLER shall deliver possession to PURCHASER at the closing.
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8.C.3.b
9. CLOSING.
The closing shall be on or before July 27, 2015 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, but no such assignment is binding
upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such
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8.C.3.b
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) SELLER warrants and represents that there are no leases, occupancies, or
tenancies; and none will be agreed to prior to closing without PURCHASER'S
consent.
(b) SELLER has not entered into any contracts, subcontracts, licenses, concessions,
easements, or other agreements, service arrangements, either recorded or
4
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8.C.3.b
unrecorded, written or oral, affecting the property.
(c) SELLER agrees with PURCHASER that from and after the date hereof and prior to
closing, 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 thereof.
(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 closing, 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
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
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8.C.3.b
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 �J day of1201S.
LQ
W tness GARY H. LF
1; .�
`\ tness �l
STATE OF A 6A4
COUNTYOF
The foregoing instrument was acknowledged before me this day of i'LL
2015, by Gary H. Self who is personally known to me or who has produced a driver's license issued
within the last five years as identification.
No ary Public
My Commission Expires
(Printed, Typed or Stamped
r�""4, JOANNMAR ;IEEY Name of Notary Public)
rA '= Commission # EE 848774
; 41 Expires December 4, 2016
BwM Tta Tray Fain Imance 8W305-7019
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8.C.3.b
IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals.
EXECUTED by SELLER this �_ day of _ _ , 2015.
C"'-
Wit
ness
4rss
STATE OF
COUNTY OF �4 <LUC f -
INEZ M EEN
The foregoing instrument was acknowledged before me this day of _ _
2015, by Inez McSween who is personally known to me or who has produced a driver's �issued
within the last five years as identification.
My Commission Expires
CAROL A. BISHOP
Commission # EE 191842
vi Expires May 26, 2016
,` r ftWW Ttn rmy Fan kts mwu MG385-7019
Notary Public
(Printed, Typed or Stamped
Name of Notary Public)
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8.C.3.b
IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals.
EXECUTED by SELLER this day of .2015.
Witness ANDREW LAMAR SELF
Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2015, by Andrew Lamar Self who is personally known to me or who has produced a driver's license
issued within the last five years as identification.
My Commission Expires
Notary Public
(Printed, Typed or Stamped
Name of Notary Public)
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8.C.3.b
IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals,
EXECUTED by SELLER this 2q day of , 2015.
Witness
lei� �-,; 1�7
Witn
CLARA DOZIER
STATE OF
COUNTY OFel
The foregoing instrument was acknowledged before me this day of
2015, by Clara Dozier who is personally known to me or who has produced a driver's licen a issued
within the last five years as identification.
•4pRY AjjB"•,,.
WORREL WAINE LARGIE
My Commissi IM5MY COMMISSION #FF019440
'V EXPIRES July 23, 2017
(407) 398.0153 FloridallotaryService,cam
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8.C.3.b
EXECUTED by PURCHASER this day of .2015
ATTEST:
BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIR
APPROVED AS TO FORM AND
CORRECTNESS
County Attorney
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8.C.3.b
EXHIBIT "A"
THE SOUTH 30 FEET OF LOT 11 AND ALL OF LOTS 12,13 AND 14, BLOCK 47, SAN LUCIE PLAZ LINT ONE,
according to the Plat thereof, as recorded in Plat Book 5, at Page 57, of the Public Records of St. Lucie
County, Florida
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EXHIBIT "B"
SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES
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8.C.3.b
EXHIBIT "C"
CONTRACTS, LICENSES AND AGREEMENTS
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EXHIBIT "D"
OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS
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8.C.3.b
EXHIBIT "E"
POLICIES OF INSURANCE
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8.C.4
ITEM NO. RES-2015-111
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Katherine Barbieri, Asst. County Attorney
County Attorney
Resolution - Adopting Policy on Public Records
DATE: 07/21/2015
*CONSENT AGENDA\COUNTY
ATTORNEY
The Employee Handbook is a comprehensive employment policy and procedure manual. In order to
maintain legal compliance, policy clarity and agreement with organizational values, the handbook must be
reviewed and updated when necessary. The handbook has undergone a thorough review process and
updates have been made where appropriate.
On June 13, 2006, the Board adopted Resolution 06-191, adopting Section 4.00 Code of Workplace
Conduct including Section 4.15 Inquiries About Former Employees and Public Records.
On October 1, 2013, the Board adopted Resolution 13-179, amending the Employee Handbook and
reduced Section 4.15 to address only employee records.
The attached Policy will provide a policy for handling public records requests in compliance with Florida
Statute.
PREVIOUS ACTION:
On September 16, 1986, the Board adopted Resolution 86-173, approving the Employee Handbook.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board approve Resolution establishing the Public Records Policy and authorize the
Chair to sign the Resolution.
COMMISSION ACTION:
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8.C.4
Coordination/Signatures
A
Heather Young, Asst. County Attorney 7/10/015
r
4ir
aula A. LewisDistrict No. 3,C7/21/2015
Updated: 7/14/2015 3:28 PM by Kelly Phelan Page 2
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8.C.4.a
RESOLUTION NO. 15-XXX
A RESOLUTION ADOPTING POLICY ON PUBLIC RECORDS
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. By Resolution No. 06-191, adopted June 13, 2006, the Board of County Commissioners adopted
Section 4.00 Code of Workplace Conduct including Section 4.15 Inquiries About Former
Employees and Public Records.
2. By Resolution No. 13-179, effective October 1, 2013, the Board of County Commissioners
amended the Employee Handbook and reduced Section 4.15 to address only employee records.
3. It is necessary to adopt this Resolution in order to adopt a policy to address all public records
requests.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
The Board does hereby adopt the Public Records Policy, attached hereto and incorporated herein
as Exhibit "A".
ATTEST:
After a motion and second the vote of this resolution was as follows:
Chair, Paula A. Lewis
XXX
Vice Chair, Kim Johnson
XXX
Commissioner Chris Dzadovsky
XXX
Commissioner Tod Mowery
XXX
Commissioner Frannie Hutchinson
XXX
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIR
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
COUNTY ATTORNEY
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8.C.4.a
EXHIBIT "A"
PUBLIC RECORDS
St. Lucie County (the "County") shall comply with Chapter 119, Florida Statutes.
I. Purpose•
To comply with the public records law and establish consistent procedures for efficient
processing of public records.
II. Policy:
A. It is the policy of St. Lucie County that all county records, except those exempted by law,
shall be open for personal inspections, examination and/or copying.
B. "Public Records" means all documents, paper, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the
physical form, characteristics, or means of transmission, made or received pursuant to
law or ordinance or in connection with the transaction of official business,
C. The public records statute does not obligate the County to create a record or compile lists
of information from various existing records to accommodate a public records request.
III. Procedures:
A. Persons may request public records either orally or in writing.
B. Processing Public Records Requests.
1. Requests for Readily Available Documents: "Readily Available Documents" are those
that are easily retrievable, regularly disseminated to the public and do not require
additional review in order to determine whether they contain exempt information.
Any employee who receives a request for this type of information should comply by
providing review and/or a copy of the information as requested. When the
documents are readily available, there should not be any charge for the labor in
retrieving the requested documents, but any copies purchased by the requestor
should be charged as provided by Florida Statutes.
2. If a request for public records is not readily available, staff should forward the request
as follows:
a. Employee Records Requests:
The Human Resources Department shall respond to requests for employee
records.
b. Media Requests:
Requests from the media for public records shall be forwarded to the Public
Information Officer, (772) 462-1791.
c. Litigation -Related Requests:
The County Attorney's Office shall have the primary responsibility for responding
to public records requests involving lawsuits.
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8.C.4.a
d. Requests for Other Documents:
All other requests shall be forwarded to the County Attorney's Office. Although
it cannot be required of the requestor, the requestor should be encouraged to
put his public records request in writing. The requestor cannot be required to
give his name, address, telephone number or asked why he wants a copy of the
public records.
C. Charges for Public Records.
1. General:
a. The fee for duplication of a one-sided letter size (8-1/2 x 11), legal (8-1/2 x 14) or
oversize (11 x 17) document, capable of being reproduced on existing county
equipment, shall be fifteen cents ($.15) per copy. Duplication of two-sided pages
shall be twenty cents ($.20) per copy.
b. The fee for a certified copy of a public record will be one and 0/100 ($1.00) dollar,
per copy.
c. For large, single documents not covered above (i.e., blueprints, maps, pats, etc.),
the fee shall be the actual cost to the County for reproduction.
2. Information Systems:
The fee for output to any other medium (i.e., diskette, compact disc, etc.) shall be the
cost to the County for such medium.
3. For any copies not listed above, the fee shall be limited to the actual cost of
duplication.
4. If the nature or volume of public records is such as to require extensive use of
information technology resources or extensive clerical or supervisory assistance, a
special service charge will be assessed which shall be reasonable and shall be based
on the cost incurred.
5. Fee Collection and Receipts:
a. Payment of costs associated with a public records request shall be made before
the copies are provided.
b. Payment may be requested prior to the extensive use of information technology
resources or extensive clerical or supervisory assistance.
c. A receipt for payment of costs associated with a public records request shall be
given to the requestor upon payment of the levied fee.
IV. Email, Texts, and Other Similar Communications:
Many emails, texts and other similar communications created or received in the transaction
of official County business are public records open to public inspection. The content is the
critical factor, rather than the medium. Depending on the content and topic of a particular
message and the County's approved retention schedule, the email, text and other similar
communications may or may not be exempt from public inspection under Florida's Public
Records Law. Each user is individually responsible for maintaining the public accessibility of
his/her own incoming and outgoing email, text and other similar communications as required
by the Public Records Law. Questions relating to whether or not the content of a particular
email, text or similar communications constitutes a public record or is covered by an
exemption should be directed to the County Attorney's Office.
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8.C.4.a
V. Redaction of Exempt and Confidential Information:
A. County personnel responding to a public records request should follow these steps: a)
determine if the requested document is a public record; b) review the document to see if
any exemptions or confidentiality requirements apply under state or federal law; and c)
disclose the non-exempt/non-confidential material.
B. If a requested record or part of a record is confidential or exempt from inspection and
copying under state or federal law, the records custodian will redact the exempt or
confidential information and must state the basis and statutory citation for the
exemption.
C. Questions relating to whether or not the contents of a particular document constitutes a
public record or is covered by an exemption should be directed to the County Attorney's
Office.
VI. Summary of Common Exemptions and Confidentiality Requirements:
A brief summary of some common types of records that may be maintained by the County
and which are "exempt" or "confidential and exempt" from public disclosure includes, but is
not limited to:
a. Social security numbers
b. Home addresses, telephone numbers and photographs of current or former
human resource directors, assistant directors, managers or assistant managers
c. Home addresses, telephone numbers and photographs of current or former code
officers
d. Bank account numbers, debit, charge, and credit card numbers
e. Medical information
f. Security system plans — including all records, information, photographs,
schematic diagrams
g. Building plans, blueprints, schematic drawings and drawings, including draft,
preliminary, and final formats; attractions and recreation facilities; industrial
complexes; retail and service development; office development
h. Any information that would identify or help locate a child who participates in
government sponsored recreation programs or camps
i. Spouse and children or law enforcement personnel, certified firefighters and
County Judges
Questions relating to whether or not the content of a particular document constitutes a public
record or is covered by an exemption should be directed to the County Attorney's Office.
VII. This Policy shall be interpreted consistent with Florida and federal law.
Vill. Effective Date:
Adopted by the Board of County Commissioners and effective on
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8.D.1
ITEM NO. RES-2015-112
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
BACKGROUND:
Stefanie Myers, Human Services Manager
Human Services Division
DATE: 07/21/2015
*CONSENT
AGENDA\COMMUNITY
SERVICES
Resolution - Florida Commission for the Transportation Disadvantaged
FY16 Trip and Equipment Grant
The Florida Commission for the Transportation Disadvantaged (CTD) annually allocates funds to
Community Transportation Coordinators for non -sponsored transportation disadvantaged trips. Non -
sponsored refers to those trips that are not paid for by another source, such as Medicaid.
The total allocation for St. Lucie County for FY15 is $551,586. This amount is comprised of $496,427 from
the CTD and a local match of $55,159 from the Transit Municipal Services Taxing Unit. Funds from this
allocation will be used to purchase transportation trips for those individuals who qualify under the
transportation disadvantaged criteria from July 1, 2015 to June 30, 2016. Services will be provided by
Community Transit under the master agreement for transit services.
The annual agreement includes acceptance of the award and modification of the reimbursement rate. The
current rate for wheelchair trips is $26.19, increasing to $29.85 for FY16. The ambulatory rate is $15.28,
increasing to $17.41.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
A budget needs to be established to expend these funds. Funds will be deposited into 130219-4910-
334491-400. Matching funds in the amount of $55,159 are available through the Transit Municipal
Services Taxing Unit Fund 130-4910-582015-400.
RECOMMENDATION:
Staff recommends Board approval of the state FY16 Trip and Equipment grant, revised trip rate,
application resolution and authorization for the Chair to sign documents as approved by the County
Attorney.
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8.D.1
COMMISSION ACTION:
Coordination/Signatures
6;y2�unrty�Services�DiM�rder, Comm7/8/2015
A
r jq-��
Heather Young, Asst. County Attorney 7/9/2015
Z2 Y
aula A. Lewis, District )No. 4C&hair'- 7/21/2 15
Updated: 7/13/2015 10:44 AM by Kelly Phelan Page 2
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dial;uewdinb3 lg dial `soU ddV alDd - S321 : Z66-SLOZ-S321) a;eN dial 3'gl 9L-SLOZ :e'6'd'8;uauayae;;d
Transportation Disadvantaged Trust Fund
Service Rates
2015-2015
COMMUNITY TRANSPORTATION COORDINATOR:St. Lucie Coun
EFFECTIVE DATE: 7 1 201
TYPE OF SERVICE TO BE
PROVIDED
UNIT
(Passenger Mile or
Trip)
COST PER UNIT
$
Ambulatory
Trip
$17.41
Wheelchair
Trip
$29.85
Passenger Mile
Passenger Mile
Passenger Mile
Passenger Mile
Passenger Mile
Passenger Mile
Passenger Mile
Passenger Mile
Passenger Mile
Passenger Mile
Passenger Mile
Passenger Mile
Passenger Mile
8.D.1.b
RESOLUTION
A RESOLUTION DESIGNATING THE DEPARTMENT OF COMMUNITY SERVICES
DIRECTOR AS THE COMMUNITY TRANSPORTATION COORDINATOR FOR ST.
LUCIE COUNTY AND AUTHORIZING THE TRANSPORTATION DISADVANTAGED
TRUST FUND GRANT SUBMISSION AND ACCEPTANCE FOR FISCAL YEAR 2015.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has
made the following determinations:
1. The Board is authorized to submit a Transportation Disadvantaged Trust Fund
Grant Application to the Florida Commission for the Transportation Disadvantaged to
accept the allocation for Fiscal Year 2015-16.
2. The Board is authorized to accept the grant and undertake a Transportation
Disadvantaged Service Plan program pursuant to Section 427.0159, Florida Statutes,
and Rule 41-2 of the Florida Administrative Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY FLORIDA:
1. This Board hereby authorizes the submission of a Transportation Disadvantaged Trust
Fund Grant Application to the Florida Commission for the Transportation
Disadvantaged for Fiscal Year 2016 in the total amount of Five Hundred Fifty One
Thousand, Four Hundred and Eighty Seven and 00/100 dollars ($496,427 in
Transportation Disadvantaged Trust Fund monies and Fifty Five Thousand, One
Hundred Forty Nine ($55,159) in local monies, as indicated by Exhibit "A".
2. This Board authorizes the Chair of the Board of County Commissioners to execute
the application and award agreement on behalf of the Board.
3. This Board further authorizes the designee to execute any all subsequent documents
necessary for including agreements, assurances, reimbursement invoices,
warranties and others, which may be required in connection with the Transportation
Disadvantaged Commission funding.
4. This resolution shall become effective upon adoption.
After motion and second motion, the vote on this resolution was as follows:
Commissioner Paula A. Lewis, Chair XXX
Commissioner Kim Johnson, Vice Chair XXX
Commissioner Chris Dzadovsky XXX
Commissioner Frannie Hutchinson XXX
Commissioner Tod Mowery XXX
PASSED AND DULY ADOPTED this day of 2015
ATTEST: BOARD OF COUNTY COMMISSIONERS
Packet Pg. 92
8.D.1.b
Deputy Clerk
ST. LUCIE COUNTY, FLORIDA
BY: _
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
Packet Pg. 93
8.D.1.c
Preliminary Information Worksheet Version 1.4
CTC Name: ISt. Lucie Board of Countv Commissioners
County (Service Area): St. Lucie Coui
Contact Person: Beth Ryder
Phone # 772 462-1772
Check Applicable Characteristic:
ORGANIZATIONAL TYPE: NETWORK TYPE:
0 Governmental Fully Brokered
C Private Non -Profit U Partially Brokered
0 Private For Profit 0 Sole Source
w
Once completed, proceed to the Worksheet entitled
"Comprehensive Budget"
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5181: Preliminary Information
Page 1 of 9
Packet Pg. 94
8.D.1.c
Comprehensive Budget Worksheet Version 1.4 CTC: St. Lucie Board of County Commissioners
County: St. Lucie County
1. Complete applicable GREEN cells in columns Z 3, 4, and 7
Current Year's
APPROVED
Upcoming Year's
Prior Year's
Budget, as
PROPOSED
ACTUALS
amended
Budget
from
from
from
Proposed
Confirm whether revenues are collected as a system subsidy VS
July 1st of
July list of
""-I
Change
% Change
from
a purchase of service at a unit price.
2013
2014
2015
from Prior
Current
to
to
to
Year to
Year to
June 30th of
June 30th of
June 30th of
Current
Upcoming
> ± i u% and Also >
Farebox
Medicaid Co -Pay Received
_Donations/ Contributions
In -Kind, Contributed Services
Other
Bus Pass Program Revenue
District School Board
City Cash
City In -kind, Contributed Services
Other Cash _
Other In -Kind, Contributed Services
Bus Pass Program Revenue
Non -Spans. Trip Program
Non-Spons. Capital Equipment
Rural Capital Equipment
Other TD (specify in explanation)
Bus Pass Program Revenue
49 USC 5310
49 USC 5311 (Operating)
49 USC 5311(Capital)
Block Grant
Service Development
Commuter Assistance
Other DOT (specify in explanation)
Bus Pass Program Revenue
Medicaid
Other AHCA (specify in explanation)
Bus Pass Program Revenue
i
Alcoh, Drug & Mental Health
Family Safety & Preservation
Comm. Care Dis./Aging & Adult San
Other DCF (specify in explanation)
Bus Pass Program Revenue
Children Medical_ Services
County Public Health
Other DOH (specify in explanation)
Bus Pass Program Revenue
Cad Perkins
Div of Blind Services
Vocational Rehabilitation
Day Care Programs
Other DOE (specify in explanation)
Bus Pass Program Revenue
. rr
_WAGESIWorkforce Board
Other AWl (specify in explanation)
Bus Pass Program Revenue
Older Americans Act
_Community Care for Elderly
_Other DOEA (specify in explanation)
Bus Pass Program Revenue
Community Services
Other DCA (specify in explanation)
Bus Pass Admin. Revenue
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Page 2 of 9
5181: Comprehensive Budget
Packet Pg. 95
8.D.1.c
Comprehensive Budget Worksheet Version 1.4
1. Complete applicable GREEN cells in columns Z 3, 4, and 7
Office of Disability Determinate
Developmental Services
Other APD (specify in explana
Bus Pass Program Revenue
-(specify in explanation)
Bus Pass Program Revenue
• -
xxx ,
xxx
xxx
Bus Pass Program Revenue
• -
Interest Earnings
Bus Pass Program Revenue
Actual or Planned Use of Cash Reserve
CTC: St. Lucie Board of County Commissioners
County: St. Lucie County
Current Year's
APPROVED
Upcoming Year's
Prior Year's
Budget, as
PROPOSED
ACTUALS
amended
Budget
from
from
from
Proposed
July tat of
July list of
-+)—I
%Change
% Change
from
2013
2014
2015
from Prior
Current
m
to
to
Year to
Year to
June 30th of
June 30th of
June 30th of
Current
Upcoming
Balancing Revenue is Short By =
Total Revenues = $420,134 $556,922 $551,597 32.6% -1.0%
Operating Expenditures
Labor $ 27.000
Fringe Benefits $ 10,500
Services
Materials and Supplies
Utilities
Casualty and Liability
Taxes
Purchased Transportation:
Purchased Bus Pass Expenses
School Bus Utilization Expenses
Contracted Transportation Services $ 382,618
Other
Miscellaneous
Operating Debt Service - Principal & Interest
Leases and Rentals
Contrib. to Capital Equip. Replacement Fund
In -Kind, Contributed Services $ 16
Allocated Indirect
Capital Expenditures
Equip. Purchases with Grant Funds
Equip. Purchases with Local Revenue
EauiD. Purchases with Rate Generated Rev.
iFiF�fl
Total Expenditures = A
$556,922 $551,597 32.6% -1.0%
Once completed, proceed to the Worksheet entitled "Budgeted Rate Base"
Confirm whether revenues are collected as a system subsidy VS
a purchase of service at a unit price.
> ± i u% and Also >
Page 3 of 9
5181: Comprehensive Budget
Packet Pg. 96
8.D.1.c
Budgeted Rate Base Worksheet Version 1.4 CTC: St. Lucie Board of County Commissioners
County: St. Lucie County
1. Complete applicable GREEN cells in column 3, YELLOW and BLUE cells are automatically completed in column 3
2. Complete applicable GOLD cells in column and 5
Upwming year's
BUDGETED
Revenues
from
July 1st of
2015
to
June 30th of
2016
1
2
REVENUES(CTC/Opemtom ONLY)
Local Non -Gout
Farebox
$
Medlcald Co -Pay Recelved
$ -
DonabonstContrlbubons
$ -
In -Kind, Contributed Services
$
Other
$
Bus Pass Proram Revenue
$
Local Government
District School Board
$ -
Compl.ADAServices
$
County Cash
$ 55,149
CounU In -Kind, Contributed Services
$
City Cesh
$
Ci In -king Contributed Services
$
Other Cash
$
Other In -Kind, Contributed Services
$ 11
Bus Pass Program Revenue
$
CTD
Non-Spons. Trip Program
$ 496,338
Non-Spons. Capital Equipment
$ -
Rual Capital E ui ment
$ -
OlherTD
$ 99
Bus Paas Pro ram Revenue
$
USDOT & FDOT
49 USC 5307
$
49 USC 5310
$
49 USC 5311 (Operating)
$
49 USC 5311 Captal
$
Black Gant
$
Service Develo ment
$ -
CommuterAssistance
$ -
Other DOT
$
Bus Pass Pa ram Revenue
$
AHCA
Medicaid
$
Other AHCA
$
Bus Pass Program Revenue
$
DCF
Alceh, Drug & Mental Health
$
Family Safety &Preservation
$
Comm. Care D&NIng &Adult Serv.
$
Other DCF
$
Bus Pass Proram Revenue
$
DOH
Children Medical Services
$
County Public Health
$
Other DOH
$
Bus Pass Program Revenue
$
DOE (state)
Cad Perkins
Is
ON of Blind Services
$
Vocational Rehabilitation
$
Day Care Pro ems
$
Other DOE
$
Bus Pass Program Revenue
Is
AWI
WAGES/Workforce Board
Is
AWI
$
Bus Pass Program Revenue
$
DOEA
Older Americans Ad
$
Community Care for Elderly
$
Other DOEA
$
Bus Pass Program Revenue
$
DCA
Community Services
$
O her DCA
$
Bus Pass Program Revenue
Is
What amount of the
Sudeled Revenue
What amount of the
Subsidy Revenue
in wl. 2 will be
generated at the
wl. 4 will oom
rate per unit
from funds to
determined by this
Purchase
OR
spreadsheet, OR
BudgetR
Subsidy Budgeted ed Rate
nu
equipment, OR will
used as local
be used as match
EXcluded from
for these type
for the purchase of
reveues
the Rate Base
ui
equipment?
S
4
$ =o
$ $
$ 55,149 $
$ =o
$ $
$ $ 1
$ 496,338 $ - $ -
$ $ $
$ $ 1
$ 99
$
$ $
$
$
$ =o
$ $
$ $
$ $
$ 0
$ =o
$ $
$ =o
$ $
is 0
$ $
$ $
$ 0
$
$
Eb7fL1%l•
YELLOW cells
are NEVER Generated by Applying Authorized Rates
BLUE cells
Should be funds generated by rates in this spreadsheet
GREEN cells
MAY BE Revenue Generated by Applying
Authorized Rate per Mile/irip Charges
Fill in that portion of budgeted revenue in Column 2 that will be
GENERATED through the application of authorized per mile,
per trip, or combination per trip plus per mile rates. Also,
include the amount of funds that are Earmarked as local match
for Transportation Services and NOT Capital Equipment
purchases.
If the Farebox Revenues are used as a source of Local Match
Dollars, then identify the appropriate amount of Farebox
Revenue that represents the portion of Local Match required
on any state or federal grants. This does not mean that
Farebox is the only source for Local Match.
Please review all Grant Applications and Agreements
containing State and/or Federal funds for the proper Match
Requirement levels and allowed sources.
GOLD cells
Fill in that portion of Budgeted Rate Subsidy Revenue in
Column 4 that will come from Funds Earmarked by the Funding
Source for Purchasing Capital Equipment. Also include the
portion of Local Funds earmarked as Match related to the
Purchase of Capital Equipment if a match amount is required
by the Funding Source.
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5181: Budgeted Rate Base
Packet Pg. 97
8.D.1.c
Budgeted Rate Base Worksheet Version 1.4 CTC: St. Lucie Board of County Commissioners
County: St. Lucie County
1. Complete applicable GREEN cells in column 3, YELLOW and BLUE cells are automatically completed in column 3
2. Complete applicable GOLD cells in column and 5
Upwming Years
BUDGETED
Revenues
from
July 1 st of
2015
to
June 30th of
2016
1
2
APD
OBce of Disability Delemuration
$
Developmental Services
$
Other APO
$
Bus Pass Program Revenue
$
DJJ
DJJ
Bus Pass Program Revenue $
Other Fed or State
$
$
Bus Pass Program Revenue
$
Other Revenues
Interest Earnings
$ -
Bus Pass Program Revenue
$
Balancing Revenue to Prevent Deficit
Actual or Planned Use of Cash Reserve $ -
Total Revenues = $ 551,597
EXPENDITURES (CTC/Operators ONLY)
Operating Expenditures
Labor $
Frin a Benefits $
36,000
14,000
Services
$
Materials and Supplies
$
Udlides
$
Casual and Liability$
Taxes
$
Purchased Trensponadon:
Purchased Bus Pass Ex enses
$
School Bus Utilization Expenses
$
Contracted Transportation Services
$ 501,586
Other
$
Miscellaneous
$
Operating Debt Service- Principal & Interest
$
Leases and Rentals
$
Contrib. to Capital Equip. Replacement Fund
$
In -Kind, Contributed Services
$ 11
Allocated Indirect
$
Capital Expenditures
Equip. Purchases with Grant Funds
$
Equip. Purchases with Local Revenue
$
Equip. Purchases with Rate Generated Rev.
$
Capital Debt Service-Pdnci al&Interest
$
Total Expenditures =
minus EXCLUDED Subsidy Revenue =
Budgeted Total Expenditures INCLUDED in
Rate Base =
Rate Base Adjustment' -�
Adjusted Expenditures Included in Rate
Base=
$ 551,597
$ 110
$ 551,487
$ 551,4137
What amount of the
Budgeted Revenue
What a mount of the
Subsidv Revenue
in w1. 2 will be
generated at the
wl. 4 will cam
rate per unit
from funds to
determined by this
spreadsheet, OR
used as local OR
BudgetR
Subsidy Budgeted ed Rate
nu
Purchase
equipment, OR will
be used as match
EXcluded from
for these type
for the purchase of
reve
the Rate Base
equipment?
ui5
Sues
4
$ $
is =o
$ $
$ 0
$ $
$
$ $
$ $ 0
$ 561,487 $ 110 $
Amount of
Budgeted
Operating Rate
Subsidy Revenue
' Rate Base Adjustment Cell
If necessary and justified, this cell is where you
could optionally adjust proposed service rates
up or down to adjust for program revenue (or
unapproved profit), or losses from the Actual
period shown at the bottom of the
Comprehensive Budget Sheet. This is not the
only acceptable location or method of
reconciling for excess gains or losses. If
allowed by the respective funding sources,
excess gains may also be adjusted by providing
system subsidy revenue or by the purchase of
additional trips in a period following the Actual
period. If such an adjustment has been made,
provide notation in the respective exlanation
area of the Comprehensive Budget tab.
'The Difference between Expenses and Revenues for Fiscal Year: 2013 - 2014
Once Completed, Proceed to the Worksheet entitled "Program -wide Rates"
I'aga 5 0` 9
5181: Budgeted Rate Base
Packet Pg. 98
8.D.1.c
Worksheet for Program -wide Rates CTC: St. Lucie Board of IVersion 1.4
County: St. Lucie County
1. Complete Total Projected Passenger Miles and ONE-WAY Passenger Trips (GREEN cells) below
Do NOT include trips or miles related to Coordination Contractors!
Do NOT include School Board trips or miles UNLESS...........
INCLUDE all ONE-WAY passenger trips and passenger miles related to services you purchased from your transportation operators!
Do NOT include trips or miles for services provided to the general public/private pay UNLESS..
Do NOT include escort activity as passenger trips or passenger miles unless charged the full rate for service!
Do NOT include fixed route bus program trips or passenger miles!
PROGRAM -WIDE RATES
Total Projected Passenger Miles = 197,602
Total Projected Passenger Trips = 26,242
Rate Per Passenger Trip = $ 21.02
Rates If No Revenue Funds Were Identified As Subsidy
Funds
Once Completed, Proceed to the Worksheet entitled "Multiple Service Rates"
Fiscal Year
2015 - 2016
Vehicle Miles
The miles that a vehicle is scheduled to or actually travels from the time it pulls out from its garage to go into revenue service to the time it pulls in from revenue service.
Vehicle Revenue Miles (VRM)
The miles that vehicles are scheduled to or actually travel while in revenue service. Vehicle revenue miles exclude:
Deadhead
Operator training, and
Vehicle maintenance testing, as well as
School bus and charter services.
Passenger Miles (PM)
The cumulative sum of the distances ridden by each passenger.
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Page 6 of 9
5181: Program -wide Rates
Packet Pg. 99
Worksheet for Multiple Service Rates CTC: St. Lucie Board. Version 1.4
1. Answer the questions by completing the GREEN cells starting in Section I for all services County: St. Lucie County
2. Follow the DARK RED prompts directing you to skip or go to certain questions and sections based on previous answers
SECTION I: Services Provided
Ambulatory
Wheelchair
Stretcher
Group
s_ ves
1 � Will the CTC be providing any of these Services to transportation disadvantaged passengers in the
vee
ves
upcoming budget year?........................................................................................ No
No
No
No
Go to Section II
Go to Section II
STOPI Do NOT
STOPI Do NOT
for Ambulatory
for Wheelchair
Complete
Complete
Service
Service
Sections ll -V
Sections ll -V
for Stretcher
for Group
Service
Service
SECTION II: Contracted Services
Ambulatory
Wheelchair Stretcher
Group
1. Will the CTC be contracting out any of these Services TOTALLY in the upcoming budget year.,
O Yes
O ves
O ves
O ves
'vj No
(� No
J No
U No
Skip #2, 354
Skip #2,354
Do Not
Do Not
and Go to
and Go to Complete
Complete
Section III for
Section III for Section II for
Section II for
Ambulatory
Wheelchair Stretcher
Group Service
Service
Service Service
2. If you answered YES to #1 above, do you want to arrive at the billing rate by simply dividing the proposed
contract amount by the projected Passenger Miles / passenger trips?.....
O ves
O ves
O ves
O ves
® No
No
� No
O No
Do NOT
Complete
Do NOT
Section ll for
Complete
Stretcher
Section ll for
Leave Blank
Leave Blank Service
Group Service
3. If you answered YES to #1 #2 above, how much is the proposed contract amount for the service?
How many of the total projected Passenger Miles relate to the contracted service?
F_ F_
I
How many of the total projected passenger trips relate to the contracted service?
Effective Rate for Contracted Services:
Ambulatory
Wheelchair Stretcher
Group
per Passenger Mile
per Passenger Trip =
Go to Section III
Go to Section III Do NOT
Do NOT
for Ambulatory
for Wheelchair Complete
Complete
Service
Service Section ll for
Section ll for
Stretcher
Group Service
Service
4. If you answered # 3 & want a Combined Rate per Trip PLUS a per Mile add -on for 1 or more
services, INPUT the Desired per Trip Rate (but must be less than per trip rate in #3 above =
Rate per Passenger Mile for Balance
Leave Blank
Leave Blank
Do NOT
Do NOT
and Go to
and Go to
Complete
Complete
Section III for
Section III for
Section II for
Section II for
Ambulatory
Wheelchair
Stretcher
Group Service
Service
Service
Service
` Attach ment8.D.1.c: Trip and Equipment Rate Model (RES-2015-112 : RES - FCTD App Res, Trip & Equipment Trip Rate FY16 $551,586 -
Worksheet for Multiple Service Rates CTC: St. Lucie Board (version 1.4
1. Answer the questions by completing the GREEN cells starting in Section I for all services County: St. Lucie County
2. Follow the DARK RED prompts directing you to skip or go to certain questions and sections based on previous answers
SECTION III: Escort Service
1. Do you want to charge all escorts a fee?................................................................. ❑ Ves
® No
Skip #2 - 4 and
Section IV and
Go to Section V
2. If you answered Yes to #1, do you want to charge the fee per passenger trip OR ............. R Pass. Trip Leave Blank
per passenger mile? ......................... U Pass Mile
3. If you answered Yes to # 1 and completed # 2, for how many of the projected
Passenger Trips / Passenger Miles will a passenger be accompanied by an escort? F_ Leave Blank
4. How much will you charge each escort?.................................................................... F_ Leave Blank
SECTION IV: Group Service Loading Da NOT
Complete
1. If the message "You Must Complete This Section" appears to the right, what is the projected total seetion IV
number of Group Service Passenger Miles? (otherwise leave blank) ............................
Loading Rate
.......... And what is the projected total number of Group Vehicle Revenue Miles? F_ 0.00 to 1.go
SECTION V: Rate Calculations for Mulitple Services:
1. Input Projected Passenger Miles and Passenger Trips for each Service in the GREEN cells and the Rates for each Service will be calculated automatically
` Miles and Trips you input must sum to the total for all Services entered on the "Program -wide Rates" Worksheet, MINUS miles
and trips for contracted services IF the rates were calculated in the Section II above
` Be sure to leave the service BLANK if you answered NO in Section I or YES to question #2 in Section II
Ambul
Wheel Chair Stretcher
Group
Leave Blank
Leave Blank
Projected Passenger Miles (excluding totally contracted services addressed in Section 11) = 197,602 =
140,297 +
57,305 + F +
0
Rate per Passenger Mile =
perpassenger
per group
Ambul
Wheel Chair Stretcher
Group
Leave Blank
Leave Blank
Projected Passenger Trips (excluding totally contracted services addressed in Section II) = 26,242 =
18,632 +
7,610 + F +
Rate per Passenger Trip
$17.41
$29.84 $0.00
I I I
$0.00
perpassenger
per group
2 If you answered # 1 above and want a COMBINED Rate per Trip PLUS a per Mile add -on for 1 or more services,...
Combination Trip and Mile Rate
Ambul
Wheel Chair Stretcher
Group
Leave Blank
Leave Blank
...INPUT the Desired Rate per Trip (but must be less than per trip rate above) =
�
$0.00
Rate per Passenger Mile for Balance =
perpassenger
per group
Rate per Passenger Mile =
Arnbul Wheel Chair Stretcher Group E
2.31 $3.96 $0.00 $0.00 $0.00
Attach ment8.D.1.c: Trip and Equipment Rate Model (RES-2015-112 : RES - FCTD App Res, Trip 8k Equipment Trip Rate FY16 $551,586 -
Worksheet for Multiple Service Rates CTC: St. Lucie Board aversion 1.4
1. Answer the questions by completing the GREEN cells starting in Section I for all services County: St. Lucie County
2. Follow the DARK RED prompts directing you to skip or go to certain questions and sections based on previous answers
Ambul Wheel Chair Stretcher Group
Rate per Passenger Trip =
perpassenger ro'group
V
0
X
n
� Attach ment8.D.1.c: Trip and Equipment Rate Model (RES-2015-112 : RES - FCTD App Res, Trip & Equipment Trip Rate FY16 $551,586 -
8.D.1.d
SAMAS Approp: 108846 Fund: TDTF FM/Job No(s).: 43202718401/43202818401
SAMAS Obj.: 750074 Function: 035 CSFA No. 55.001
Org Code: 55 12 00 00 952 Contract No.: Vendor No.: 59-6000835-071
0
00
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
N
TRIP & EQUIPMENT GRANT AGREEMENT
M
THIS AGREEMENT, made and entered into this 1 day of July F 2015 by and between
00
the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created
Lri
pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and St. Lucie County
LO
O
Board of County Commissioners, 2300 Virginia Avenue, Fort Pierce, Florida 34954 hereinafter called
the Grantee.
U_
WITNESSETH:
r
2-
WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project
hereinafter described, and the Commission has been granted the authority to use Transportation
Q
Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's
.a
transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the
'
provision of non -sponsored transportation services and other responsibilities identified in Chapter 427,
06
0-
Florida Statutes or rules thereof;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein,
a
the parties agree as follows:
a
1.00 Purpose of Agreement: The purpose of this Agreement is to:
0
Provide non -sponsored transportation trips and/or capital equipment to the non -sponsored
co
transportation disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in
Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Fiscal
Year 2015-16 Program Manual for the Trip & Equipment Grant for non -sponsored trips and/or capital
equipment, and as further described in this Agreement and in Exhibit(s) A, B, and C, attached hereto
N
and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to
w
provide non -sponsored financial assistance to the Grantee and state the terms and conditions upon
which such non -sponsored financial assistance will be provided and the understandings as to the
L
manner in which the Project will be undertaken and completed. Funds available through this agreement
may be used only for non -sponsored transportation services and shall be applied only after all other
potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or
replace funding of transportation disadvantaged services which are currently funded to a recipient by
any federal, state, or local governmental agency.
o
LO
2.00 Accomplishment of the Project:
T.-
CD
N
2.10 General Requirements: The Grantee shall commence, and complete the Project as
r
described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner,
co
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and in accordance with the provisions herein, and all federal, state and local applicable laws.
E
Trip & Equipment Grant Agreement 2015/2016
r
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Form Rev. 05/10/2015
Page 1 of 23
Packet Pg. 103
8.D.1.d
2.20 Pursuant to Federal, State, and Local Law: In the event that any election,
referendum, approval, permit, notice, or other proceeding or authorization is requisite under
applicable law to enable the Grantee to enter into this Agreement or to undertake the Project
hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the
Grantee will initiate and consummate, as provided by law, all actions necessary with respect to
any such matters so requisite.
2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to
provide the necessary funds or in -kind contributions necessary for the completion of the Project.
2.40 Submission of Proceedings, Contracts and Other Documents and Products: The
Grantee shall submit to the Commission such data, reports, records, contracts, certifications and
other financial or operational documents or products relating to the Project as the Commission
may require as provided by law, rule or under this agreement. Failure by the Grantee to provide
such documents, or provide other documents or products required by previous agreements
between the Commission and the Grantee, may, at the Commission's discretion, result in refusal
to reimburse project funds or other permissible sanctions against the Grantee, including
termination.
2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into
this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable
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law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida
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Administrative Code, and the Fiscal Year 2015-16 Program Manual for the Trip & Equipment
Grant.
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2.60 Monitoring and Evaluation: The law provides that each local coordinating board
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annually evaluate the performance of the Grantee using evaluation criteria approved by the
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Commission. A copy of the evaluation report will be given to the designated official planning
agency and the Commission. The Grantee must fully cooperate with the local coordinating board
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in the performance of its duties. The Grantee shall submit to the local coordinating board such
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data, reports, records, contracts, certifications and other financial or operational documents or
products relating to the Project as provided by law, rule or under this agreement. Failure by the
Grantee to cooperate with, or to provide such documents or other products to the local
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coordinating board may, at the Commission's discretion, result in refusal to reimburse project
funds or other permissible sanctions against the Grantee, including termination.
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3.00 Total Project Cost: The total estimated cost of the Project is $551,586.00. This amount is
based upon the amounts summarized in Exhibit "B" and by this reference made a part hereof. The
Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any
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deficits involved, including any deficits revealed by an audit performed in accordance with Article
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11.00 hereof after completion of the project.
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4.00 Commission Participation: The Commission agrees to maximum participation, including
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contingencies, in the Project in the amount of $496,427.00 as detailed in Exhibit "B," or in an amount
equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less.
4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the
Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee
to subsidize a portion of a transportation disadvantaged person's transportation costs which is
not sponsored by any other agency, and then only if a match, as specified in the Program Manual
for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipment Grant Funds
may also be used to purchase capital equipment used for the provision of non -sponsored
transportation services.
4.20 Eligible Project Expenditures: Project costs eligible for State participation will be
allowed only from the date of this Agreement. It is understood that State participation in eligible
project costs is subject to:
a) The understanding that disbursement of funds will be made in accordance with the Q
Commission's cash forecast;
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b) Availability of funds as stated in Article 17.00 of this Agreement;
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c) Commission approval of the project scope and budget (Exhibits A & B) at the time
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appropriation authority becomes available;
d) Submission of all certifications, invoices, detailed supporting documentation, or other
obligating documents and all other terms of this agreement.
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If the Grantee wishes to purchase vehicles or other equipment with Transportation
Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must
have from the Commission an executed grant amendment prior to the purchase.
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4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant
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agreement, the Grantee must also adhere to the following limitations on the use of
Transportation Disadvantaged Trust Funds:
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4.31 Transfer of Funds: A Grantee in a non -multi -county designated service area, may
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not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one
designated service area to another without the express written approval of the Commission.
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4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation
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Disadvantaged Trust Funds which the Grantee actually uses to transport eligible
transportation disadvantaged passengers in the coordinated system.
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4.40 Front End Funding: Front end funding is not applicable.
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5.00 Retainage: Retainage is not applicable.
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6.00 Project Budget and Disbursement Schedule:
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6.10 The Project Budget: The Grantee shall maintain the Commission approved Project
Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and
make disbursements of Project funds only in conformity with the latest approved budget for the
Project. The budget may be revised periodically, but no budget revision shall be effective unless
it complies with fund participation requirements established in Article 4.00 of this Agreement and
is approved in writing by the Commission. Any budget revision that changes the fund
participation requirements established in Article 4.00 of this agreement shall not be effective
unless approved in writing by the Commission and the Florida Department of Transportation
Comptroller.
6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved
disbursements schedule, contained in Exhibit "B." This schedule shall show estimated
disbursement of Commission funds for the entire term of the Project by month of the fiscal year
in accordance with Commission fiscal policy. The schedule may be divided by Project phase
where such division is determined to be appropriate by the Commission. Any deviation from the
approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by
the agency and advance approval by the Commission. Reimbursement for the Commission's
share of the project shall not be made for an amount greater than the cumulative total up to
any given month as indicated in the disbursement schedule in Exhibit "B." Grantee shall invoice
on a monthly basis actual costs that may be above or below (+/-) the amount of the monthly
allocation disbursement schedule reflected on Exhibit "B". At times, this may result in
11underbilling" or "overbilling". Any excess (underbilled) funds may be recaptured on a monthly
invoice that does not exceed the cumulative total of funds disbursed to date with supporting
documentation. No excess funds remaining on the grant at the end of the grant period will be
reimbursed to the Grantee. Any overpayment of TD funds must be repaid to the Commission
upon project completion.
7.00 Accounting Records, Audits and Insurance:
7.10 Establishment and Maintenance of Accounting Records: The Grantee shall
establish for the Project, in conformity with the latest current uniform requirements established
by the Commission to facilitate the administration of the non -sponsored financing program,
either separate accounts to be maintained within its existing accounting system, or establish
independent accounts. Such non -sponsored financing accounts are referred to herein collectively
as the "Project Account."
The Project Account, and detailed documentation supporting the Project Account, must be made
available upon request, without cost, to the Commission any time during the period of the
Agreement and for five years after final payment is made or if any audit has been initiated and
audit findings have not been resolved at the end of five years, the records shall be retained until
resolution of the audit findings.
Should the Grantee provide "sponsored" transportation to other purchasing agencies within the
coordinated system during the time period of this Agreement, the Grantee shall maintain detailed
documentation supporting the "sponsored" transportation to the other purchasing agencies, and
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must make this documentation available upon request, without cost, to the Commission any time
during the period of the Agreement and for five years after final payment is made or if any audit
has been initiated and audit findings have not been resolved at the end of five years, the records
shall be retained until resolution of the audit findings.
7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately
record in the Project Account, and deposit in a bank or trust company which is a member of the
Federal Deposit Insurance Corporation, all non -sponsored transportation payments received by
it from the Commission pursuant to this Agreement and all other funds provided for, accruing
to, or otherwise received on account of the Project, which Commission payments and other funds
are herein collectively referred to as "Project Funds." The Grantee shall require depositories of
Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured
under Federal plans, or under State plans which have been approved for the deposit of Project
funds by the Commission, by the deposit or setting aside of collateral of the types and in the
manner as prescribed by State law for the security of public funds, or as approved by the
Commission.
7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only
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eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not
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within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to
actions which have not met the other requirements of this Agreement, shall not be considered
eligible costs.
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7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged
to the Project, including any approved services contributed by the Grantee or others, shall be
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supported by, invoices, vehicle titles, and other detailed supporting documentation evidencing
in proper detail of the charges
The Grantee shall provide upon request, sufficient detailed documentation for each cost or claim
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for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred
were those which were promised. The documentation must be sufficiently detailed to comply
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with the laws and policies of the Department of Financial Services.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect
to any item which is or will be chargeable against the Project Account will be drawn only in
accordance with a properly signed voucher then on file in the office of the Grantee stating in
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proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices,
contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the
Project shall be clearly identified, readily accessible, within the Grantee's existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
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7.60 Audits:
1. The administration of resources awarded through the Commission to the Grantee by this
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Agreement may be subject to audits and/or monitoring by the Commission and the
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Department of Transportation (Department). The following requirements do not limit the
authority of the Commission or the Department to conduct or arrange for the conduct of
additional audits or evaluations of state financial assistance or limit the authority of any state o
agency inspector general, the Auditor General, or any other state official. The Grantee shall 00
comply with all audit and audit reporting requirements as specified below. N
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida
Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance
may include but not be limited to on -site visits by Commission and/or Department staff
and/or other procedures including, reviewing any required performance and financial
reports, following up, ensuring corrective action, and issuing management decisions on
weaknesses found through audits when those findings pertain to state financial assistance
awarded through the Commission by this Agreement. By entering into this Agreement, the
Grantee agrees to comply and cooperate fully with any monitoring procedures/processes
deemed appropriate by the Commission and/or the Department. The Grantee further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Commission, the Department, the Department of Financial
Services (DFS) or the Auditor General.
b. The Grantee a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a
recipient of state financial assistance awarded by the Commission through this Agreement
is subject to the following requirements:
In the event the Grantee meets the audit threshold requirements established
by Section 215.97, Florida Statutes, the Grantee must have a State single or
project -specific audit conducted for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Department of Financial
Services; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit C
to this Agreement indicates state financial assistance awarded through the
Commission by this Agreement needed by the Grantee to further comply with
the requirements of Section 215.97, Florida Statutes. In determining the state
financial assistance expended in a fiscal year, the Grantee shall consider all
sources of state financial assistance, including state financial assistance
received from the Commission by this Agreement, other state agencies and
other nonstate entities. State financial assistance does not include Federal
direct or pass -through awards and resources received by a nonstate entity for
Federal program matching requirements.
ii. In connection with the audit requirements, the Grantee shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes.
This includes submission of a financial reporting package as defined by Section
215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
iii. In the event the Grantee does not meet the audit threshold requirements
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established by Section 215.97, Florida Statutes, the Grantee is exempt for such
fiscal year from the state single audit requirements of Section 215.97, Florida
Statutes. However, the Grantee must provide a single audit exemption o
statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than
nine months after the end of the Grantee's audit period for each applicable N
audit year. In the event the Grantee does not meet the audit threshold M
requirements established by Section 215.97, Florida Statutes, in a fiscal year I
and elects to have an audit conducted in accordance with the provisions of 10
Section 215.97, Florida Statutes, the cost of the audit must be paid from the r
Grantee's resources (i.e., the cost of such an audit must be paid from the u'
Grantee's resources obtained from other than State entities). to
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, FL 32399-0405
Email: FDOTSingleAudit@dot. state. fl.us
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State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localgovt@aud.state.fl.us
v. Any copies of financial reporting packages, reports or other information required
to be submitted to the Department shall be submitted timely in accordance with
Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General, as applicable.
vi.The Grantee, when submitting financial reporting packages to the Department
for audits done in accordance with Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General, should indicate the date the reporting package was delivered to the
Grantee in correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department will review the Grantee's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state
financial assistance provided through the Commission by this Agreement. If the
Grantee fails to have an audit conducted consistent with Section 215.97, Florida
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Statutes, the Commission and/or the Department may take appropriate
corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Grantee shall permit
the Commission, the Department, or its designee, DFS or the Auditor General
access to the Grantee's records including financial statements, the independent
auditor's working papers and project records as necessary. Records related to
unresolved audit findings, appeals or litigation shall be retained until the action
is complete or the dispute is resolved.
c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of five years from the date the audit report is issued and shall
allow the Commission, the Department, or its designee, DFS or the Auditor General access
to such records upon request. The Grantee shall ensure that the audit working papers are
made available to the Commission, the Department, or its designee, DFS or the Auditor
General upon request for a period of five years from the date the audit report is issued
unless extended in writing by the Commission and/or the Department.
7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and
guarantee liability for minimum coverage as follows:
7.71 Liability: Liability coverage in an amount of $200,000 for any one (1) person,
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$300,000 per occurrence at all times in which Project vehicles or equipment are engaged.
The Grantee shall insure that contracting Transportation Operators also maintain the same
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minimum liability insurance, or an equal governmental insurance program.
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7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required
to pay for any damages to the Project vehicle(s) and equipment including restoring to its
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then market value or replacement.
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7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive
coverage property insurance, with replacement cost value, on equipment, other than
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vehicles, purchased with Transportation Disadvantaged Trust Funds.
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7.74 Other Insurance: The above required insurance will be primary to any other
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insurance coverage that may be applicable.
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8.00 Requisitions and Payments:
8.10 Preliminary Action by the Grantee: In order to obtain any Transportation
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Disadvantaged Trust Funds, the Grantee shall:
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8.11 File with the Commission for the Transportation Disadvantaged, 605
Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its invoice on a form
or forms prescribed by the Commission, and such other detailed supporting documentation
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pertaining to the Project Account and the Project (as listed in Exhibit "B" hereof) as the
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Commission may require, to justify and support the payment as specified in the
Commission's Grant Agreement and Invoicing Procedures.
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8.12 Grantee certifies, under penalty of perjury, that the Grantee will comply with the
provisions of the Agreement and that all invoices and support documentation will be true
and correct.
8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission
will honor such invoices in amounts and at times deemed by the Commission to be proper and
in accordance with this Agreement to ensure the completion of the Project and payment of the
eligible costs. However, notwithstanding any other provision of this Agreement, the Commission
may give written notice to the Grantee that it will refuse to make a payment to the Grantee on
the Project Account if:
8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature
in its application, or any supplement thereto or amendment thereof, with respect to any
document or record of data or certification furnished therewith or pursuant hereto;
8.22 Litigation: There is pending litigation with respect to the performance by the
Grantee of any of its duties or obligations which may jeopardize or adversely affect the
Project, the Agreement, or payments to the Project;
8.23 Required Submittals/Certifications: The Grantee has failed or refused to
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provide to the Commission detailed documentation of requisitions or certifications of actions
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taken;
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8.24 Conflict of Interests: There has been any violation of the conflict of interest
provisions, prohibited interests, or lobbying restrictions, contained herein;
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8.25 Default: The Grantee has been determined by the Commission to be in default
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under any of the provisions of this or any other Agreement which the Grantee has with the
Commission; or
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8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust
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Funds to replace or supplant available and appropriate funds for the same purposes, in
violation of Chapter 427, Florida Statutes.
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8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the
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Commission will exclude all costs incurred by the Grantee prior to the effective date of this
Agreement, costs which are not provided for in the latest approved budget for the Project, costs
which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and
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costs attributable to goods, equipment, vehicles or services received under a contract or other
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arrangements which have not been approved in writing by the Commission or certified by the
Grantee, pursuant to Exhibit "B."
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8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided
or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit
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and postaudit thereof. Failure to submit to the Commission detailed supporting documentation
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with the invoice or request for project funds will be cause for the Commission to refuse to pay
the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in
Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-1, Florida Administrative
Code, and the Program Manual for the Trip and Equipment Grant is met.
8.50 Commission Claims: If, after project completion, any claim is made by the Commission
resulting from an audit or for work or services performed pursuant to this agreement, the
Commission may offset such amount from payments due for work or services done under any
grant agreement which it has with the Grantee owing such amount if, upon demand, payment
of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant
to this section shall not be considered a breach of contract by the Commission.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Grantee abandons or, before
completion, finally discontinues the Project; or if, by reason of any of the events or conditions
set forth in Section 8.20, or for any other reason, the commencement, prosecution, or timely
completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal,
the Commission may, by written notice to the Grantee, suspend any or all of its obligations under
this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected, or the Commission may terminate any or all of its obligations under this
Agreement.
9.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any
final termination or suspension notice under this Paragraph, the Grantee shall proceed promptly
to carry out the actions required therein which may include any or all of the following: (1)
necessary action to terminate or suspend, as the case may be, Project activities and contracts
and such other action as may be required or desirable to keep to the minimum the costs upon
the basis of which the financing is to be computed; (2) furnish a statement of the project
activities and contracts, and other undertakings the cost of which are otherwise includable as
Project costs; and (3) remit to the Commission such portion of the financing and any advance
payment previously received as is determined by the Commission to be due under the provisions
of the Agreement. The termination or suspension shall be carried out in conformity with the
latest schedule, plan, and budget as approved by the Commission or upon the basis of terms
and conditions imposed by the Commission upon the failure of the Grantee to furnish the
schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the
Grantee shall not constitute a waiver of any claim which the Commission may otherwise have
arising out of this Agreement.
9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this
agreement for refusal by the Grantee or its contractors to allow public access to all documents,
papers, letters, records or other materials subject to the provisions of Chapter 119, Florida
Statutes, and made or received in conjunction with this agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion and after
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financial audit of the Project, and after payment, provision for payment, or reimbursement of all
Project costs payable from the Project Account is made, the Grantee shall remit to the Commission
its share of any unexpended balance in the Project Account.
11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit,
the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to
audit the books, records and accounts pertaining to the financing and development of the Project at
all reasonable times including upon completion of the Project, and without notice.
12.00 Contracts of the Grantee:
12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself
in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys,
including transportation operator and consultant contracts or amendments thereto, with any
third party with respect to the Project without being able to provide, upon request, a written
certification by the Grantee that the contract or obligation was executed in accordance with the
competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida
Statutes, and the rules promulgated by the Department of Management Services. Failure to
provide such certification, upon the Commission's request, shall be sufficient cause for
nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by
entering into this Agreement, it explicitly certifies that all of its third party contracts will be
executed in compliance with this section.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and
agreed by the parties hereto that participation by the Commission in a project with a Grantee,
where the project involves a consultant contract for any service, is contingent on the Grantee
complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive
Negotiation Act. The Grantee shall provide, upon request, documentation of compliance with
this law to the Commission for each consultant contract it enters.
12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other
commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the
Commission's request, the Grantee shall certify compliance with this law.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of this
Agreement, the Grantee shall not discriminate against any employee or applicant for employment
because of race, age, disability, creed, color, sex or national origin. The Grantee will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, age, disability, creed, color, sex, or national origin.
Such action shall include, but not be limited to, the following: Employment upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Grantee shall
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insert the foregoing provision modified only to show the particular contractual relationship in all
its contracts in connection with the development of operation of the Project, except contracts
for the standard commercial supplies or raw materials, and shall require all such contractors to
insert a similar provision in all subcontracts, except subcontracts for standard commercial
supplies or raw materials. The Grantee shall post, in conspicuous places available to employees
and applicants for employment for Project work, notices setting forth the provisions of the
nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the
requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations
of the Federal Department of Transportation, the Regulations of the Federal Department of
Justice and the assurance by the Grantee pursuant thereto.
13.30 Prohibited Interests:
13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no
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officer of the Grantee, or employee acting in his or her official capacity as a purchasing
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agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services
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for the Grantee from any business entity of which the officer or employee or the officer's
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or employee's business associate or spouse or child is an officer, partner, director, or
proprietor or in which such officer or employee or the officer's or employee's spouse or
child, or any combination of them, has a material interest.
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13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful
for an officer or employee of the Grantee, or for any company, corporation, or firm in which
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an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be
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personally interested in the purchase or the furnishing of any materials, services or supplies
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to be used in the work of this agreement or in the performance of any other work for which
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the Grantee is responsible.
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13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly
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solicit or accept funds from any person who has, maintains, or seeks business relations with
the Grantee.
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13.34 Former Employees - Contractual Services: Unless authorized in writing by the
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Commission, no employee of the Grantee shall, within 1 year after retirement or
termination, have or hold any employment or contractual relationship with any business
entity in connection with any contract for contractual services which was within his or her
responsibility while an employee.
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13.35 Former Employees - Consulting Services: The sum of money paid to a former
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employee of the Grantee during the first year after the cessation of his or her
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responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not
exceed the annual salary received on the date of cessation of his or her responsibilities.
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The provisions of this section may be waived by the Grantee for a particular contract if the
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Grantee determines, and the Commission approves, that such waiver will result in
significant time or cost savings for the Grantee and the project.
The Grantee shall insert in all contracts entered into in connection with this Agreement and
shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Grantee during his tenure or for one year
thereafter shall have any interest, direct or indirect, in this contract or the proceeds
thereof."
The provisions of this section shall not be applicable to any agreement between the Grantee
and its fiscal depositories, or to any agreement for utility services the rates for which are
fixed or controlled by a Governmental agency.
13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its
contractors or their sub -contractors shall not discriminate against anyone on the basis of a
handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no
funds shall be used to rent, lease or barter any real property that is not accessible to persons
with disabilities nor shall any meeting be held in any facility unless the facility is accessible to
persons with disabilities. The Grantee shall also assure compliance with The Americans with
Disabilities Act, as amended, as it may be amended from time to time.
13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this
Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency.
No Grantee may employ any person or organization with funds received pursuant to this
Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency.
The "purpose of lobbying" includes, but is not limited to, salaries, travel expenses and per diem,
the cost for publication and distribution of each publication used in lobbying; other printing;
media; advertising, including production costs; postage; entertainment; telephone; and
association dues. The provisions of this paragraph supplement the provisions of Section 11.062,
Florida Statutes, which is incorporated by reference into this Agreement.
13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or
transact any business with any person or affiliate on the convicted vendor list for a period of 36
months from the date that person or affiliate was placed on the convicted vendor list unless that
person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes.
The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting
business with a person at the time of the commission of a public entity crime which resulted in
that person being placed on the convicted vendor list, the Grantee may also not accept any bid
from, award any contract to, or transact any business with any other person who is under the
same, or substantially the same, control as the person whose name appears on the convicted
vendor list so long as that person's name appears on the convicted vendor list.
13.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's
E-Verify system, in accordance with the terms governing use of the system, to confirm the
Trip & Equipment Grant Agreement 2015/2016
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employment eligibility of:
1. all new persons employed by the grantee during the term of the grant agreement to
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perform employment duties within Florida; and
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2. all new persons, including subcontractors, assigned by the grantee to perform work
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pursuant to the contract with the Commission.
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The Commission shall consider the employment by any vendor of unauthorized aliens a violation
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of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.
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Refer to the U.S. Department of Homeland Security's website at www.dhs.gov to learn more
about E-Verify.
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14.00 Miscellaneous Provisions:
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14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition,
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reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or
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equipment are equipped to prevent and control environmental pollution.
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14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated
or liable hereunder to any party other than the Grantee.
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14.30 When Rights and Remedies Not Waived: In no event shall the making by the
Commission of any payment to the Grantee constitute or be construed as a waiver by the
Commission of any breach of covenant or any default which may then exist, on the part of the
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Grantee, and the making of such payment by the Commission while any such breach or default
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shall exist shall in no way impair or prejudice any right or remedy available to the Commission
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for such breach or default.
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14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this
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Agreement is held invalid, the provision shall be severable and the remainder of this Agreement
shall not be affected. In such an instance the remainder would then continue to conform to the
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terms and requirements of applicable law.
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14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that
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it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its financing hereunder.
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14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to
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observe or enforce compliance with any provision thereof, perform any other act or do any other
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thing in contravention of any applicable State or Federal law. Provided, that if any of the
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provisions of the Agreement violate any applicable State or Federal law, the Grantee will at once
notify the Commission in writing in order that appropriate changes and modifications may be
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made by the Commission and the Grantee to the end that the Grantee may proceed as soon as
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possible with the Project.
14.70 Purchased Vehicles or Equipment:
14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to
maintain the vehicles and equipment purchased or financed in whole or in part with
Transportation Disadvantaged Trust Funds pursuant to this Agreement in good working
order for the useful life of the vehicles and equipment. The Grantee agrees not to make
alterations or modifications to the equipment or vehicles without the consent of the
Commission. The Grantee shall notify the Commission in writing of any lease or assignment
of operational responsibility of project vehicles and equipment to third -persons.
14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles
purchased with Transportation Disadvantaged Trust Funds are used to meet the identified
transportation needs of the non -sponsored and in support of the service plan established
under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation
needs of the transportation disadvantaged of the area. Purchased Project equipment and
vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and
equipment will be used for the period of their useful lives in accordance with the most
current Commission policies. The Commission may, after consultation with the Grantee,
transfer purchased equipment and vehicles that it deems to be underutilized or that is not
being operated for its intended purpose. This underutilized equipment and vehicles will be
returned to the Commission at a specified location at a mutually agreeable time.
Reimbursement of any equity or interest of the Grantee will be made after another party
has assumed the obligations under the terms and conditions of this Agreement or disposal
of said items by sale has occurred. The Commission shall make the sole determination of
the Grantee's interest and reimbursement. As determined by the Commission, failure to
satisfactorily utilize vehicles and equipment that are purchased with Project funds shall be
sufficient cause for non-payment by the Commission as provided in Paragraph 8.25.
14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is
defined in the Commission's Capital Equipment Procedure as incorporated herein by
reference. The following applicable process must be used prior to disposition of any capital
equipment purchased with these grant funds:
a) While the Grantee is still under contract with the Commission and the capital
equipment still has useful life, the Grantee must request written approval from the
Commission prior to disposing of any equipment purchased or financed in whole or in
part pursuant to this Agreement, including vehicles, during its useful life, for any
purpose. Proceeds from the sale of purchased project equipment and vehicles shall be
documented in the project file(s) by the Grantee. With the approval of the Commission,
these proceeds may be re -invested for any purpose which expands transportation
disadvantaged services for the non -sponsored. If the Grantee does not elect to re-
invest for purposes which expand transportation disadvantaged services, the gross
proceeds from sale shall be refunded to the Commission in the same participation
percentage ratios as were used to fund the original purchase.
Trip & Equipment Grant Agreement 2015/2016
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b) The purchase of all vehicles and equipment financed in whole or in part pursuant
to this Agreement shall be undertaken by the Grantee on behalf of the Florida
Commission for the Transportation Disadvantaged in accordance with State
regulations and statutes. Title to any vehicle purchased with Project funds shall be in
the name of the Grantee, subject to lien in favor of the Commission. The Commission
will relinquish all interest in the vehicles and equipment when it has reached the end
of its useful life and at this time the Commission will satisfy its lien of record.
c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds
and no longer a Commission approved Community Transportation Coordinator, the
capital equipment with useful life purchased with these grant funds must be
transferred to an eligible recipient in accordance with the Commission's Capital
Equipment Procedure.
15.00 Plans and Specifications: In the event that this agreement involves the purchasing of
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capital equipment or major components thereof, upon the Commission's request, the Grantee shall
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submit to the Commission, certification that all such equipment meets or exceeds the requirements
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as identified in Exhibit "A." Failure to abide by this requirement shall be sufficient cause for
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nonpayment by the Commission as provided in Paragraph 8.23.
16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify,
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defend, save, and hold harmless the Commission and all their officers, agents or employees from all
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suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or
due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to
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any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents
or employees. Neither the Grantee nor any of its agents will be liable under this article for damages
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arising out of injury or damage to persons or property directly caused or resulting from the sole
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negligence of the Commission or any of their officers, agents or employees. The parties agree that
this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar
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provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no
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agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for
the Commission's or any subcontractor's or other entity's negligence.
17.00 Appropriation of Funds:
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17.10 The State of Florida's performance and obligation to pay under this agreement is
contingent upon an annual appropriation by the Legislature. If applicable, Grantee's
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performance of its obligations under this Agreement is subject to an appropriation by the
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Grantee's Board of County Commissioners for the purposes set forth hereunder. The Commission
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acknowledges where the Grantee is a political subdivision of the State of Florida it is authorized
to act in accordance with the Grantee's purchasing ordinance(s), laws, rules and regulations.
18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June
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30, 2016. If the Grantee does not complete the Project within this time period, this agreement will
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expire. Expiration of this agreement will be considered termination of the Project and the procedure
established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article,
completion of project is defined as the latest date by which services may have been provided or
equipment funds may have been received as provided in the project description (Exhibit "A"). Unless
otherwise extended by the Commission, all reimbursement invoices must be received by the
Commission no later than August 15, 2016.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include
the plural. All words used in the plural form shall extend to and include the singular. All words used
in any gender shall extend to and include all genders.
20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum
of two counterparts, each of which so executed shall be deemed to be an original, and such
counterparts together shall constitute one in the same instrument.
21.00 Vendors and Subcontractors Rights:
21.10 Vendors (in this document identified as the Grantee) providing goods and services to the
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Commission will receive payments in accordance with section 215.422, Florida Statutes. The
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parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time
in which the Commission is required to approve and inspect goods and services shall be for a
period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida
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Department of Transportation has twenty (20) days to deliver a request for payment (voucher)
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to the Department of Financial Services after receiving an approved invoice from the
Commission. The twenty (20) days are measured from the latter of the date the invoice is
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received or the goods or services are received, inspected, and approved.
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If a payment is not available within forty (40) days after receipt of the invoice and receipt,
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inspection and approval of goods and services, a separate interest penalty per day (as defined
by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest
penalty provision applies after a 35 day time period to health care providers, as defined by rule.
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Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests
payment. Invoices which have to be returned to a Grantee because of vendor preparation errors
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will result in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the Commission.
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A Vendor Ombudsman has been established within the Department of Financial Services. The
duties of this individual include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may
be contacted at (850) 413-5516 or toll free (877) 693-5236.
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21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with
approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes.
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Each third party contract from the Grantee to a subcontractor for goods or services to be
performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must
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contain the following statement:
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When a contractor receives from a state agency any payment for contractual services,
commodities, supplies, or construction contracts, except those construction contracts subject
to the provisions of chapter 339, the contractor shall pay such moneys received to each
subcontractor and supplier in proportion to the percentage of work completed by each
subcontractor and supplier at the time of receipt of the payment. If the contractor receives
less than full payment, then the contractor shall be required to disburse only the funds
received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving
a prorated portion based on the amount due on the payment. If the contractor without
reasonable cause fails to make payments required by this section to subcontractors and
suppliers within seven (7) working days after the receipt by the contractor of full or partial
payment, the contractor shall pay to the subcontractors and suppliers a penalty in the
amount of one-half of one percent of the amount due, per day, from the expiration of the
period allowed herein for payment. Such penalty shall be in addition to actual payments
owed and shall not exceed 15 percent of the outstanding balance due. In addition to other
fines or penalties, a person found not in compliance with any provision of this subsection
may be ordered by the court to make restitution for attorney's fees and all related costs to
the aggrieved party or the Department of Legal Affairs when it provides legal assistance
pursuant to this section. The Department of Legal Affairs may provide legal assistance to
subcontractors or vendors in proceedings brought against contractors under the provisions
of this section.
22.00 Modification: This Agreement may not be changed or modified unless authorized in writing
by the Commission.
Trip & Equipment Grant Agreement 2015/2016
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8.D.1.d
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and
year first above written.
GRANTEE: St. Lucie County Board of
County Commissioners
BY:
COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED
BY:
TITLE: TITLE: Executive Director (Commission Designee)
Trip & Equipment Grant Agreement 2015/2016
Form Rev. 05/10/2015
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8.D.1.d
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
TRIP/EQUIPMENT
This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the
Transportation Disadvantaged and St. Lucie County Board of County Commissioners, 2300 Virginia
Avenue, Fort Pierce, Florida 34954.
PROJECT LOCATION: St. Lucie County (ies)
PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be w
provided to the non -sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Ca
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Rule 41-2, Florida Administrative Code, the most current Commission policies and the Fiscal Year 2015-16
Program Manual for the Trip & Equipment Grant for non -sponsored trips and/or capital equipment. Services u
shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation W
system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and a
Rule 41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of a
2 attached to and made a part of this agreement. Capital equipment will consist of:
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SPECIAL CONSIDERATIONS BY GRANTEE:
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1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the latest Florida w
Department of Transportation's Guidelines for Acquiring Vehicles or criteria set forth by any other federal,
state, or local government agency. a
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8.D.1.d
FM/1013 No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the
Transportation Disadvantaged and St. Lucie County Board of County Commissioners, 2300 Virginia
Avenue, Fort Pierce, Florida 34954.
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes,
Rule 41-2, Florida Administrative Code, the most current Commission policies and Fiscal Year 2015-16
Program Manual for the Trip & Equipment Grant for non -sponsored trips and/or capital equipment. Trips
shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this
agreement.
Grantee shall invoice on a monthly basis actual costs that may be above or below (+/-) the amount of the
monthly allocation disbursement schedule reflected on Exhibit "B". At times, this may result in "underbilling"
or "overbilling". Any excess (underbilled) funds may be recaptured on a monthly invoice that does not
exceed the cumulative total of funds disbursed to date with supporting documentation. No excess funds
remaining on the grant at the end of the grant period will be reimbursed to the Grantee. Any overpayment
of TD funds must be repaid to the Commission upon project completion.
Non -sponsored Trips
Voluntary Dollar
551,487.00 FM# 43202718401
99.00 FM# 43202818401
TOTAL $551,586.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%) $496,338.00
Local Cash Funds $55,149.00
Voluntary Dollar Contributions $89.00
Monetary Value of In -Kind Match $10.00
Total Project Cost $551,586.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FY 15 16 0 45,137 45,129 45,129 45,129 45,129 45,129 45,129 45,129 45,129 45,129 45,129
Trip & Equipment Grant Agreement 2015/2016
Form Rev. 05/10/2015
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8.D.1.d
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: St. Lucie County Board of County Commissioners
EFFECTIVE DATE: 7/1/15
TYPE OF SERVICE TO BE
PROVIDED
UNIT
(Passenger Mile or Trip)
COST PER UNIT
$
Ambulatory
Passenger Trip
$17.41
Wheelchair
Passenger Trip
$29.84
Trip & Equipment Grant Agreement 2015/2016
Form Rev. 05/10/2015
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8.D.1.d
FM/3013 No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
EXHIBIT "C"
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Commission for the Transportation Disadvantaged/Florida Department
of Transportation
State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
(CTD)
TRIP AND EQUIPMENT GRANT PROGRAM
CSFA Number: 55.001
*Award Amount: $
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.001 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.001 are provided at:
https://apps.fldfs.com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
Trip & Equipment Grant Agreement 2015/2016
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ITEM NO. RES-2015-113
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COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
4113IX4is
BACKGROUND:
Stefanie Myers, Human Services Manager
Human Services Division
DATE: 07/21/2015
*CONSENT
AGENDA\COMMUNITY
SERVICES
Resolution - Florida Commission for the Transportation Disadvantaged
(FCTD) FY16 Trip and Equipment Grant
The FCTD annually allocates funds to Community Transportation Coordinators for non -sponsored
transportation disadvantaged trips. Non -sponsored refers to those trips that are not paid for by another
source, such as Medicaid.
The total allocation for St. Lucie County for FY15 is $551,586. This amount is comprised of $496,427 from
the CTD and a local match of $55,159 from the Transit Municipal Services Taxing Unit. Funds from this
allocation will be used to purchase transportation trips for those individuals who qualify under the
transportation disadvantaged criteria from July 1, 2015 to June 30, 2016.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
A budget needs to be established to expend these funds. Funds will be deposited into the TRIP and
Equipment Grant Fund (130200-4910-334491-400). Matching funds in the amount of $55,159 are
available through the Transit Municipal Services Taxing Unit Fund (130-4910-582015-400).
RECOMMENDATION:
Staff recommends Board approval of the FY16 Trip and Equipment (FM43202718401) Budget Resolution
and authorization for the Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 126
Coordination/Signatures
Wyder,Corn,,itySeriesD4Rrr 7/8/2015
Heather Young, Asst. County Attorney 7 5
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aula A. Lewis, District No. 3, Chair 7/21/2015
Updated: 7/14/2015 3:30 PM by Kelly Phelan Page 2
Packet Pg. 127
RESOLUTION
8.D.2.a
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available
from the Florida Commission for the Transportation Disadvantaged Grant Agreement, in the amount of
$496,427. The funding from the Transportation Disadvantaged Agency will fund non -sponsored
transportation trips.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 21st day of July, 2015, pursuant to Section 129.06 (d), Florida Statutes
that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby
amended as follows:
REVENUE
130220-4910-334491-400
APPROPRIATIONS
130220-4910-582015-400
Transportation Disadvantage
Council on Aging
After motion and second the vote on this resolution was as follows:
Commissioner Paula A. Lewis, Chair
Commissioner Kim Johnson, Vice Chair
Commissioner Chris Dzadovsky
Commissioner Frannie Hutchinson
Commissioner Tod Mowery
PASSED AND DULY ADOPTED THIS 21ST DAY OF JULY 2015.
ATTEST:
$496,427
$496,427
XXX
XXX
XXX
XXX
XXX
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Packet Pg. 128
ITEM NO. RES-2015-114
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COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
4113IX4is
BACKGROUND:
Susan Jacob, Library Manager
Library Services Division
DATE: 07/21/2015
*CONSENT
AGENDA\COMMUNITY
SERVICES
Memorandum of Understanding - Rupert J. Smith Law Library
In August, 2013, the County purchased an almost 21,000 square foot former City of Port St. Lucie Police
substation with the intention to renovate this well constructed building into a large Public Library Branch.
Located at 2950 Rosser Boulevard the building is situated in the densely populated Southwest quadrant of
the County and will include a branch of the Rupert J. Smith Law Library.
On February 17, 2015, St. Lucie County entered into a Memorandum of Understanding (MOU) with the
Rupert J. Smith Law Library. The Law Library will be responsible for costs not to exceed $55,000 to build
out approximately 800 square feet of space set aside for their use. Under the terms of the MOU, $30,000
is the first payment. A second payment not to exceed $25,000 will be forthcoming when the construction
of the new library is completed and a Certificate of Occupancy issued.
PREVIOUS ACTION:
February 17, 2015 -The Board approved a MOU-C15-02-069 regarding the Rosser Boulevard Branch
Library and the Rupert J. Smith Law Library
FINANCIAL IMPACT:
At the time the FY15 budget was adopted, the agreement between St. Lucie County and the Rupert J.
Smith Law Library was unforeseen; therefore, a budget needs to be established to expend these funds.
Per the MOU, the Rupert J. Smith Law Library shall pay the County $30,000 prior to July 1, 2015 which
shall be used for cost of building out the area. Funding will be made available in the SLC Rosser Branch
Library Account (001-7110-337940-137608).
RECOMMENDATION:
Staff recommends Board approval of the Budget Resolution and authorization for the Chair to sign
documents as approved by the County Attorney.
Packet Pg. 129
COMMISSION ACTION:
Coordination/Signatures
6;yder, Community Services Dir9rj*6/15/2015
ianjie/S. McIntyre, C my ttorney 6/22/2015
Z2 Y
auIa A. Lewis, District )No. 4Ch a &ir 7/21/2 15
Updated: 7/14/2015 3:04 PM by Kelly Phelan A Page 2
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O
C J 5 - Da Dm9
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING reg ding the Rosser Boulevard Branch
Library, is made and entered into this 7 day of i 201Ay and between ST.
LUCIE COUNTY, a political subdivision of the State of Florida hereinafter referred to as the
"County"), and RUPERT J. SMITH LAW LIBRARY a Florida nonprofit corporation, (hereinafter
referred to as the "Law Library").
WITNESSESTH:
WHEREAS, the County is renovating a former police substation at 2950 Rosser Blvd. (the
"Site") to a full service public library; and,
WHEREAS, the Law Library is a special district charged with providing law library services
to the legal community and general population of St. Lucie County and surrounding areas; and,
WHEREAS, the County and the Law Library wish to share the Site for a branch law library;
and,
WHEREAS, the parties desire to outline the expectations, duties and responsibilities for
sharing the Site.
NOW, THEREFORE, the parties of this Memorandum of Understanding ("MOU") agree as
follows:
1. Purpose. The purpose of this MOU is to establish the parties' expectations,
duties and responsibilities with regard to the renovation and use of the Site as a full service public
library and a law library. The parties shall enter into a Facilities Use Agreement prior to the Law
Library occupying the Area defined herein.
2. Law Library Location Within Site. The parties will mutually agree on an
approximately 800 square foot area within the Site which will serve as the law library ("Area").
3. The Law Library's Responsibilities.
• The Law Library will be responsible for all costs associated with furnishing
the Area.
• The Law Library will work with the County and the County's design team
to design the Area consistent with the overall Site design theme.
• The Area will be accessible to the general public when the Area is staffed
by Law Library staff.
Page 1 of 5
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8.D.3.a
• The Area will be accessible to registered attorneys 24 hours per day, 7 days
per week. Attorneys will not have access to the Site outside of the Area
when the Site is closed to the general public.
• To accommodate the Law Library's need for unfiltered internet, the Law
Library will install a dedicated internet cable/data line exclusively for Law
Library's use. The Law Library will be responsible for the cost of this line.
The Law Library will work with the County's design team to coordinate the
installation of internet cable/data lines.
• The Law Library will be responsible for its own Wi-Fi, including access
points, router and bandwidth. This would need to be password protected.
• The Law Library will staff the Area based on the Site's operating hours,
demand and financial resources. The Law Library's initial goal is to staff the
Area approximately a minimum of twenty (20) hours per week.
• The Law Library will provide some training to Site staff so that they might
be of assistance to law library patrons during public library hours.
• The Law Library will pay no rent for the Area.
• The Law Library will be responsible for the actual cost of building out the
Area up to a maximum of fifty-five thousand dollars ($55,000.00) based on
a design mutually agreed to by the parties. All Area build out costs in excess
of $55,000.00, if any, shall be the County's responsibility. The Law Library
may enhance the build out, with the County's prior written agreement, at
the Law Library's expense.
• The Law Library shall pay the County thirty thousand dollars ($30,000.00)
prior to July 1, 2015 which shall be used for the cost of building out the
Area. If the renovation project does not move forward within twelve (12)
months of the date of this MOU, then the County shall return the
$30,000.00 to the Law Library, without interest, within thirty (30) days of
the Law Library's written request to return the money.
• At the time the Site receives a certificate of occupancy or is otherwise
available for occupancy and use, the Law Library shall pay the County the
additional monies due for the actual cost of the Area build out within thirty
(30) days of receiving notice from the County that the Site is available for
use and the amount due. In no event shall the additional monies due the
County exceed twenty-five thousand dollars ($25,000.00).
• In the event the County terminates this MOU pursuant to Section 5 within
five (5) years of the date of this MOU, then the County shall reimburse the
Law Library a pro rata share of the Area's actual build out costs. The pro
rata share shall be determined by dividing the Area's actual build out costs
by sixty (60) months and then multiplying that amount by the number of
months remaining in the initial 5 year period.
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8.D.3.a
4. County Responsibilities.
• The County will provide full access to the Site Wi-Fi if requested by the Law
Library.
• The County will provide the Law Library with up to four VOIP telephone
lines and dedicated phone numbers.
• The County will provide the Law Library with approximately 800 square
feet at the Site which will be dedicated for law library use and which will
be controlled and managed by the Law Library in cooperation and
coordination with the County. The Area will have afterhours doorway
access so that registered attorneys will have 24 hours per day, 7 days per
week access to the Area using a key card provided by Law Library . The
Area will have 24 hours per day, 7 days per week access to a handicap
accessible unisex bathroom. In addition to the Law Library space, the Law
Library will have access to a joint use conference room and during Law
Library operating hours the Law Library shall have exclusive use of the
conference room. In exchange for and in consideration of the Law Library
providing branch law library services, the County will pay for all Site utilities
(water, sewer, electric and trash pickup), security camera maintenance,
and general housekeeping services.
5. Term and Termination. This MOU will continue until terminated by either party.
Either party may terminate this MOU by giving the other party at least six (6) months prior written
notice of the party's intent to terminate as of a date certain. Upon the termination, all furnishings
purchased by the Law Library will remain the Law Library's property and may be disposed of by
the Law Library as it sees fit. Upon the termination, neither party will be responsible to the other
party for any costs associated with Site or Area build out.
6. Notices. All notices, requests, consents and other communications required or
permitted under this Memorandum of Understanding shall be in writing (including telex and
telegraphic communication) and shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, telecommunicated, or mailed (airmail if international)
by registered or certified mail (postage prepaid), return receipt requested, addressed to:
As to County:
St. Lucie County Administrator
2300 Virginia Avenue
Administration Annex
Fort Pierce, FL 34982
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue
Administration Annex
Fort Pierce, FL 34982
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8.D.3.a
As to RSLL:
Rupert J. Smith Law Library
Of St. Lucie County
102 Courthouse Addition
218 Second Street
Fort Pierce, FL 34950
Nora J. Everlove
Everlove & Associates
412 65t" St. N.
St. Petersburg, FL 33710
or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal
delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with
confirmed answer bank if by telex, and (d) on the date upon which the return receipt is signed or
delivery is refused or the notice is designated by the postal authorities as not deliverable, as the
case may be, if mailed. Whenever any party hereto is required to give its approval or
disapproval to any matter contained herein, such approval or disapproval shall be given within
twenty (20) days from receipt of written requests for approval or approval shall be deemed to be
granted.
7. Governing Law and Venue. The validity and interpretation of this Memorandum
of Understanding and the legal relations between the parties hereto shall be governed by the
laws of the State of Florida. In the event it is necessary for either party to initiate legal action
regarding this Memorandum of Understanding, venue shall be in the Nineteenth Judicial Circuit
in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida
for any claims, which are justiciable in federal court.
8. Entire Agreement. Unless otherwise specified, this Memorandum of
Understanding embodies the entire understanding between the parties, and any prior or
contemporaneous representations, either oral or written, are hereby superseded. No
amendments or changes to this Memorandum of Understanding shall be effective unless made
in writing and signed by an authorized representative of each party.
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8.D.3.a
IN WITNESS WHEREOF, the undersigned have set their hands and seals as of the day and
year first above written.
Q
Deputy Clerk
Revised 02/16/2015
s:\atty\agreemnt\Rupert J Smith Library -Rosser
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY. FLORIDA
BY:
Chair
APPROVED AS TO FORM AND
COF�R�CTNEA: ,
BY:
Countv Attorn
RUPERT J. SMITH INN LIBRARY
OF ST. LUCIE Y
BY:
Page 5 of 5
Signature
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RESOLUTION
8.D.3.b
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available
from the Rupert J. Smith Law Library in the form of a Memorandum of Understanding in the amount of
$30,000 for the Rosser Branch Library build out.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 21st day of July, 2015, pursuant to Section 129.06 (d), Florida Statutes
that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby
amended as follows:
REVENUE
001-7110-337940-137608 Other Local Grants $30,000
APPROPRIATIONS
001-7110-562000-137608 Infrastructure $30,000
After motion and second the vote on this resolution was as follows:
Commissioner Paula A. Lewis, Chair XXX
Commissioner Kim Johnson, Vice Chair XXX
Commissioner Chris Dzadovsky XXX
Commissioner Frannie Hutchinson XXX
Commissioner Tod Mowery XXX
PASSED AND DULY ADOPTED THIS 21 ST DAY OF JULY 2015.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
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ITEM NO. (ID # 2969)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Desiree Cimino, Purchasing Manager
Purchasing Division
DATE: 07/21/2015
*CONSENT AGENDA\OFFICE OF
MANAGEMENT & BUDGET
Request for Qualifications (RFQ) No. 15-038, Professional Architectural
Services for the St. Lucie County Jail Medical Addition
On May 13, 2015, responses to RFQ No. 15-038, Professional Architectural Services for the St. Lucie
County Jail Medical Addition were opened; six proposals were received; 423 companies were notified, and
37 RFQ documents were distributed.
The selected firm shall provide professional architectural services necessary to construct the jail medical
wing addition that will be approximately 12,000 square feet and include 28 beds, exam rooms, storage
rooms and holding area. The selected firm will provide 100% construction drawings, construction
administration services, permitting and other ancillary services as -needed.
On June 26, 2015, the selection committee evaluated and ranked the proposals that were received. The
committee members' scores and ranking for each firm are provided in Attachment A.
The short-listed firms in order of ranking are as follows:
1. Clemons, Rutherford & Associates, Inc - Tallahassee, Florida
2. Dewberry Architects, Inc - Orlando, Florida
3. RQAW Corporation - Lehigh Acres, Florida
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding is available in 310005-1930-562000-2619.
RECOMMENDATION:
Staff recommends Board approval of the short-listed firms for Professional Architectural Services for the
St. Lucie County Jail Medical Addition and permission to:
Packet Pg. 137
Conduct oral presentations with the short-listed firms;
Conduct contract negotiations with the successful short-listed firm; and
If negotiations are successful, award contract to the successful short-listed firm and
authorization for the Chair to sign the documents as prepared by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
ge
f
r� t�'�4 win
ey epburn, bTeoY WaWgernent & Budget DireoN&/2015
4!1_�Heather Young, Asst. County Attorney 7/9/2015 Ho and Tipton, Count Administrator'7/14/2015
Updated: 7/14/2015 8:52 AM by Kelly Phelan Page 2
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Attachment A
Firm
Location
Past
Performance
References
Qualifications
Total
Score
Rankin
Total possible points per
committee member
20
55
25
100
Total possible points for five
members
100
275
125
500
Clemons, Rutherford &
Associates, Inc
15
270
120
405
1
Dewberry Architects, Inc
15
245
115
375
2
RQAW Corporation
15
195
90
300
3
Don Berman Architecture, LLC
100
110
60
270
4
Skinner, Vignola, McLean, Inc
15
75
65
155
5
Architects Design
Collaborative, LLC
1 50
1 45
1 40
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Attachment B
BOARD OF
COUNTY
COMMISSIONERS
COUNTYH
E
F
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0
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Tabulation Sheet
RFQ No. 15-038
PURCHASING
DEPARTMENT
Architectural Services for the Jail Medical Addition
Architects Design Collaborative LLC - H
Contact:
Raul Ocampo Phone: 772-419-8580
1 Fax: N/A
Address:
10815 SW Tradition Square, Port St. Lucie, FL 34987
Clemons
Rutherford & Associates Inc. Architects - H
Contact:
William D. Rutherford I Phone: 850-385-6153
Fax: N/A
Address:
2027 Thomasville Road, Tallahassee, FL 32308
Dewberry
Architects, Inc. - S
Contact:
Michael LeBoeuf
Phone: 407-514-2731
Fax: 407-514-2604
Address:
4767 New Broad Street, Orlando, FL 32814
Don Bergman Architecture LLC - H
Contact:
Donald L. Bergman
I Phone: 772-466-5832
Fax: N/A
Address:
4362 Gator Trace Lane, Fort Pierce, FL 34982
RQAW Corporation - H
Contact:
Joseph M Mrak
Phone: 239-368-1928
Fax: 239-368-5149
Address:
5615 2nd Street West, Lehigh Acres, FL 33971
Skinner Vignola
McLean Inc. - H
Contact:
James M. Vignola
Phone: 352-378-4400
Fax: 352-377-5378
Address:
1628 NW 6t" Street, Gainesville, FL 32609
NUMBER OF COMPANIES NOTIFIED*:
NUMBER OF BID DOCUMENTS DISTRIBUTED*
NUMBER OF BIDS RECEIVED:
* - Per demandstar.com
423
37
6
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8.J.1
ITEM NO. (ID # 2761)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Matt Baum, Fairwinds Golf Course Manager
Parks & Special Facilities Division
2015 Indian River Lagoon Science Festival
DATE: 07/21/2015
*CONSENT AGENDA\PARKS,
RECREATION & FACILITIES
Cristin Krasco, Marine Biology Educator for the Smithsonian Marine Station, located at 701 Seaway Drive,
Fort Pierce, Florida, is requesting to utilize Museum Pointe Park for the Indian River Lagoon Science
Festival (previously called the National Estuary Day Festival), scheduled to take place on Saturday,
September 26, 2015. The Smithsonian Marine Station is a registered 501(c)(3), and the organization and
event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. The event will
bring together environmentally focused non-profit and for -profit organizations and businesses from the
Treasure Coast to promote the importance of the Indian River Lagoon and the need to protect this
valuable resource.
The Smithsonian Marine Station is requesting that the County waive the facility rental fee of $453.75 and
the pavilion use fee of $101.00, along with waving the $250.00 security deposit fee for the event. They
will reimburse the County for event staff and equipment in the amount of $916.00, as required by Board
policy. Additionally, the Smithsonian Marine Station requests that admission fees for both the Aquarium
and the Regional History Center be waived so the facilities are accessible to the public at no cost during
the event. The Smithsonian Marine Station is offering to pay a fee of $500.00 and the Regional History
Center is offering to pay a fee of $250.00 to help offset lost admission revenue.
PREVIOUS ACTION:
On 5/21/2013, the BOCC approved Agenda #1277 and on 5/20/2014, the BOCC approved Agenda #2066
to waive the facility rental fee of $450 for the Smithsonian Marine Station for the Indian River Science
Festival (National Estuary Day Festival) and approved waiving admission fees to the Aquarium and
Regional History Center during the festival and accept a fee of $400.00 from the Smithsonian Marine
Station and $250.00 from the Regional History Center to help offset lost admission revenue.
FINANCIAL IMPACT:
If the fee waiver is approved, the County will forego $554.75 in facility use fees and a $250.00 security
deposit.
Packet Pg. 141
8.J.1
RECOMMENDATION:
Staff recommends Board approval to waive the facility rental fee of $453.75 for the Smithsonian Marine
Station, the pavilion use fee of $101.00, the security deposit fee of $250.00 for the Indian River Lagoon
Science Festival, approval to waive admission fees during the festival and accept a fee of $500.00 from the
Smithsonian Marine Station, $250.00 from the Regional History Center as outlined in this agenda
memorandum, and authorization for the Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
Edward Matthews, Par , Recreatio Facilities Directo7/8/2015
0
Heather Young, Asst. County Attorney 7/8/2015
updated: 7/14/2015 3:08 PM by Kelly Phelan Page 2
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8.J.1.a
EXHIBIT "A"
ESTIMATE OF FEES
VENUE: Museum Pointe Park
PHONE:772-462-2159 Fax:772-462-2103
Estimate Date: May 28, 2015 revised 6/23/15 Event Date: September 26, 2015
Event Day: Saturday
Event: Indian River Lagoon Science Festival Set Up/Load In: Friday, 9/25 - 8hrs
No. of Attendees: 5000 Saturday 9/26 6am -10am
Contact Name: Cristin Ryan, Marine Biology Educator Event Times: loam - 3pm
Break Down/Load Out: 3pm - 6pm
Total Event Hours: 20 hrs.
Organization: Smithsonian Marine Station
Address: 701 Seaway Dr. Ft. Pierce, FL 34949
Office Phone: 772-465-3271 Fax: 772-465-3237
Cell: 772-465-3271 E-mail Address: ryanc@si.edu
Facility Use Fe Rate Fee
Museum Pointe Park $605/over 8hrs, or per day Sub -total $605.00
(Open Space) Deduct 25% $151.25
Revised Sub -total $453.75
Sales Tax 6.5% $0.00
FEE WAIVED FACILITY USE FEE TOTAI. $453.75
Equipment Use Fees
(1) Pavilion
FEE WAIVED
$101.00
04
*(1) Showmobile
$350/NP
$350.00
r
*(i) Bleacher
$350/NP
$350.00
ti
Friday, 9/25 - 2pm delivery
Tri County Towing
Sales Tax 65%
$0.00
v
Saturday, 9/26 - 6pm pick up
EQUIPMENT
FEES TOTA
$801.00
d
LL
Staff/Personnel (Does not include
cost of any required security personnel)
'-
O
d
(2) Event Custodians, Sat., 9/26
12hrs. x $18 ea.
STAFF FEES TOTA $216.00
R
E
9:30am - 3:30pm
r
Security Deposit - (Refundable) FEE WAIVED SECURITY DEPOSIT TOTA $250,00LL
W
J
TOTAL ESTIMATED CHARGE $1,720.75��
it
Other Requirements include but are not limited to:
06
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 canceliation. d
E
2. Comprehensive General Liability Insurance Certificate for $1,000,0W per occurrence, $2,000,000 aggregate in name of Applicant t
V
and naming St. Lucie County BOCC, 2300 Virginla Ave, R. Pierce, FL 34982 as an additional Insured. r
3. Proof of Security (St. Lucie County Sheriffs Department) Q
*As per Cristin Krasco equipment cost ($700) covered by Commissioner Dzadovsky's office
Organizer is being assessed Staffing Charge ONLY ($216)
Open Space. Pavilion and Security Deposit waived I$804.75){PENDING BOARD APPROVAL)
Estimate Prepared by: Willie Redden Katherine E. Lewis, Attorney Advisor
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8.J.2
ITEM NO. RES-2015-123
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Matt Baum, Fairwinds Golf Course Manager
Parks & Special Facilities Division
Allegany Franciscan Ministries St. Clare Fund
DATE: 07/21/2015
*CONSENT AGENDA\PARKS,
RECREATION & FACILITIES
Allegany Franciscan Ministries, St. Clare Fund has awarded a grant in the amount of $10,000.00 In support
of "C.H.I.L.L." "Choosing How I Live Life" crime prevention, health fair, and youth summit projected to be
held August 15, 2015 at the Lincoln Park Community Center.
"C.H.I.L.L." is a one day crime prevention, community health fair, and youth summit at the Lincoln Park
Community Center that provides health education, services, and advocacy that will promote healthy
behaviors. The Health Fair will be marketed to the target population in NW Ft. Pierce Lincoln Park
Community that is an impoverished, high crime area with limited access to these resources. Lincoln Park
Community Center will form a planning committee of community partners and staff and partner with
agencies such as the Florida Department of Health in St. Lucie County and the Department of Juvenile
Justice. The event will address a variety of public safety issues including gang activity, crime with
homicide, drug and alcohol influences, and poor health habits. The health fair will consist of informative
lectures, a teen summit, crime reduction programs and outreach initiatives. Our community partners will
provide health access on -site with screenings and educational materials to increase awareness, promote
health, and prevent violence.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Allegany Franciscan Ministries St. Clare Fund Grant in the amount of $10,000 allocated to C.H.I.L.L.,
"Choosing How I Live Life" crime prevention, health fair and youth summit at Lincoln Park Community
Center.
RECOMMENDATION:
Staff recommends Board approval of Budget Resolution to accept Allegany Franciscan Ministries St. Clare
Fund Grant in the amount of $10,000.00 to be utilized to fund "C.H.I.L.L.," "Choosing How I Live Life"
Crime Prevention, Health Fair and Youth Summit at Lincoln Park Community Center.
Packet Pg. 144
8.J.2
COMMISSION ACTION:
Coordination/Signatures
Edward Matthews, Parks, Recreatio facilities Director/9/2015
A
Heather Young, Asst. County Attorney 7/9/2015
Updated: 7/24/2015 4:02 PM by Kelly Phelan Page 2
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8.J.2.a
Jarius Gilliam
St. Lucie County Board of County Commissioners
A time 2 C. H. I. L. L. (Choose How I Live Life)
The St. Clare Fund Grant Application
St. Lucie County Board of County Commissioners
Paula A. Lewis, Chair
1306 Avenue M
Fort Pierce, Florida 34950
Mr. Jarius Devon Gilliam
Gilliamj@stlucieco.org
0: 772-462-1788
F: 772-462-1989
1306 Avenue M Gilliamj@stlucieco.org
Fort Pierce, Florida 34950 0: 772-462-1788
M: 772-618-5727
F: 772-462-1989
Printed On: 8 July 2015 The St. Clare Fund Grant Application 1
Packet Pg. 146
8.J.2.a
Jarius Gilliam St. Lucie County Board of County Commissioners
FollowUp Form
Project Name*
Name of Project
A time 2 C. H. I. L. L. (Choose How I Live Life)
Major Grant Agreement
This document, all the conditions and terms herein, and any attachments in the Allegany
Franciscan Ministries online grants management system will once signed by you, serve as your
consent to accept the funds and implement the approved program in accord with this grant
agreement.
The grant agreement should be completed and signed by the Organization's chief executive
officer or an authorized officer of the Organization. This is an electronic grant agreement that can
be completed and signed through the Allegany Franciscan Ministries online grants
management system. If you would like to print a copy for your records, please use the blue print
packet button in the upper left corner after you have saved and/or submitted the grant agreement.
In this document, the term "Organization" shall be understood to be mean the organization
receiving the grant.
1. Purpose of Grant and General Information
A. The grant will be used exclusively for the purposes specified in the Organization's grant
application and any related amendment documents as may be approved in writing by the parties.
The Organization will directly administer the program specified.
B. The grant awarded by this grant agreement is made with the understanding that Allegany
Franciscan Ministries has no obligation, now or in the future, to provide financial or other
support to the Organization.
C. The grant is made, and must be used, in accordance with all applicable laws, regulations and
rulings. No goods or services were provided to the Organization by Allegany Franciscan
Ministries.
D. In order to receive funds from Allegany Franciscan Ministries, the Organization must have
received, and hereby represents and warrants that it has received, a ruling from the Internal
Revenue Service confirming that the Organization is exempt from federal income tax under
section 501(c)(3) of the Internal Revenue Code and that the Organization is not a private
foundation as defined in section 509(a) of the Internal Revenue Code. In the event there is any
LL
L
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Printed On: 8 July 2015 The St. Clare Fund Grant Application
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Jarius Gilliam
St. Lucie County Board of County Commissioners
8.J.2.a
change in the Organization's tax exempt status, the Organization will immediately notify G
Allegany Franciscan Ministries in writing.
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E. The Organization must request approval in writing for any significant changes, additions or
deletions to any part of the program goals, objectives, activities, outcomes, timetable or budget
submitted by the Organization. Budget variances of up to 10% are acceptable without requiring
modification to the budget submitted by the Organization. For larger variances, a written request
for modification must be submitted. Approval, if given, will be indicated in writing by Allegany
Franciscan Ministries. The Organization will notify Allegany Franciscan Ministries in writing if 2
there is a change in key personnel essential to the ongoing administration of the Organization or
programs funded by the grant. If there is any question as to the significance of a particular y
change, additional or deletion, contact Allegany Franciscan Ministries.
F. In the event that any uncertainty develops as to the Organization's ability to fully implement
any aspect of the program covered by the grant, either due to a lack of financial resources or
otherwise, the Organization will promptly notify Allegany Franciscan Ministries.
G. The USA Patriot ACT of 2001 and other federal laws and regulations and executive orders
administered by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC")
prohibit, among other things, the engagement in transactions with, and the provision of services
to, certain foreign countries, territories, entities and individuals. The Organization warrants and
represents that as of the date of application through the term of the grant award, none of the
following is a country, territory, individual or entity named on OFAC lists of the Sanctioned
Countries or Specially Designated Nationals; Organization; any person or entity controlling or
controlled by Organization, or any person or entity for whom Organization is acting as agent or
nominee in connection with this transaction. The Organization understands and agrees that any
violation of this paragraph will be grounds for immediate termination of the grant.
H. Accounting and Audit
Allegany Franciscan Ministries hereby grants all such copyright interests in materials produced
as a result of the grant to the Organization. The Organization grants Allegany Franciscan
Ministries a nonexclusive, irrevocable, perpetual, and royalty -free license to reproduce, publish,
alter or otherwise use any and all such materials, including any and all data collected in
connection with the grant in any and all forms the data are fixed.
The Organization will maintain a separate line item for the grant on its books for accounting
purposes. All expenditures must adhere to the specific line items in the approved project budget
or in subsequent approved amendments. Expenses charged against this grant may not be incurred
either prior to the date of this grant agreement or subsequent to the expiration or termination date
of the grant and may be incurred only as necessary to carry our the purposes and activities of the
approved program as set forth in this grant agreement and the grant application.
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St. Lucie County Board of County Commissioners
8.J.2.a
The Organization will retain all records, receipts, invoices and canceled checks for a period of
four (4) years following the completion of the grant. The Organization will make its books and
records available to Allegany Franciscan Ministries and its designated agents upon request, both L
during the period of Allegany Franciscan Ministries funding of the grant and at all times
thereafter. r
The Organization shall arrange for, at the Organization's sole cost and expense, an annual
independent audit of its financial statement. The Organization agrees that it will provide a copy
of the independent audit of its financial statement to Allegany Franciscan Ministries no later than
one month after the Organization has received the completed independent audited financial
statement.
111. Payments and Reports
A. Allegany Franciscan Ministries will make grant payments in one or multiple installments,
according to a timeframe agreed upon with the Organization. When multiple payments are
planned, a progress report is required prior to the release of subsequent payments. Reporting and
payment schedule information can be found in the Final Outcomes and Budget report which is a
separate document in Allegany Franciscan Ministries' online grants management system. Allow
up to 30 days between the time a progress report is received and approved and when payment
will be issued.
B. The Organization will provide reports to Allegany Franciscan Ministries at the end of each
phase of the grant, by the dates set in the Final Outcomes and Budget Report. Reports will be
submitted online and include an executive summary, as well as program and financial and
reports.
C. Expenditures, outcomes and indicators have been agreed upon by representatives of Allegany
Franciscan Ministries and the Organization for the grant period, and are a separate report
document (Success Measures Form, Project Budget Summary Form, and Project Budget
Narrative Form).
D. The financial reports will include details of expenditures for the phase completed. If, at the
time the progress report is due, the Organization has spent at least 80% of the grant received to
date, the reports may be submitted. If at least 80% of the grant funds received to date have not
been spent, the Organization should not submit the reports and must request an extension, in
writing. Allegany Franciscan Ministries will reimburse expenses incurred for the program prior
to the Organization receiving the grant check, as long as the expenditures are made within the
agreed upon "grant period."
E. The program reports will demonstrate progress toward outcomes and indicators chosen or
developed from the Success Measures Form and agreed upon by representatives of Allegany
Franciscan Ministries. The program reports will also summarize challenges, obstacles and
lessons learned in the implementation of the grant.
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St. Lucie County Board of County Commissioners
8.J.2.a
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F. Allegany Franciscan Ministries may, at its own expense, monitor and conduct evaluations of
the program funded by the grant and its continued feasibility in addition to reviewing the reports.
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Allegany Franciscan Ministries' staff or designated volunteers may conduct onsite visits during
the grant period. Allegany Franciscan Ministries will consider a mid -grant meeting with the
organization to review progress and, as necessary, revise/re-set outcomes and budget. Allegany
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Franciscan Ministries may request a meeting during the grant period or upon grant completion to
review and share progress and challenges, lessons learned, and any other observations or
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recommendations regarding the program.
IV. Copyright and Acknowledgement
B. Allegany Franciscan Ministries retains the right to publicize the grant and report on the
grant's outcomes, as it deems appropriate. Allegany Franciscan Ministries will consult with the
Organization prior to major announcements. In any acknowledgement or recognition of the
grant, and in any publication or press releases, the Organization will refer to Allegany Franciscan
Ministries as "Allegany Franciscan Ministries". The Organization will provide copies of all
printed materials, newspaper articles and other publicity to Allegany Franciscan Ministries.
C. Allegany Franciscan Ministries desires that all resources of the Organization be dedicated to
accomplishing its charitable purposes. Accordingly, Allegany Franciscan Ministries requests that
the Organization not recognize Allegany Franciscan Ministries, its board members, regional
commission members or staff with certificates, plaques or similar mementos. Allegany Franciscan
Ministries welcomes learning about the funded work through photographs, lessons
learned, or stories of success from those the grant has served in the community.
V. Equipment
Equipment purchased with grant funds shall be the property of the Organization so long as the
equipment is not diverted from the purposes for which the grant is made during the grant period.
If the purposes are changed or if the Organization ceases to operate the program for which the
grant was made, ownership of the equipment may, at Allegany Franciscan Ministries' option, be
transferred from the Organization to Allegany Franciscan Ministries or Allegany Franciscan
Ministries' designee.
Vl. Termination of Grant & Reversion of Grant Funds
A. Allegany Franciscan Ministries retains the right to terminate the grant at any time for any
reason and without further financial or other obligation of any kind whatsoever, regardless of
funding status. While Allegany Franciscan Ministries need not have any specific reason to
terminate the grant, the following may be among the considerations taken into account by
Allegany Franciscan Ministries: the Organization's continued status as a recognized tax-exempt
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St. Lucie County Board of County Commissioners
8.J.2.a
Organization under section 501(c)(3) of the Internal Revenue Code that is not a private :
foundation as defined in section 509(a) of the Internal Revenue Code; any determination made
by Allegany Franciscan Ministries in its sole discretion that the Organization has made any 0-
misrepresentation or misappropriated grant funds, that the Organization is incapable of carrying
out the purposes of the grant or has ceased to be an appropriate Organization to receive the grant, r
or that the Organization has failed to comply with any term or condition of the grant; and any
determination made by Allegany Franciscan Ministries in its sole discretion as to availability of
funds.
B. The Organization acknowledges that Allegany Franciscan Ministries shall retain the right to
terminate the grant and cease funding at any time for any reason and the Organization hereby
releases, discharges and waives any and all claims that the Organization may have now or in the
future against Allegany Franciscan Ministries or its agents, whether related to the grant, funding
under this grant agreement, or otherwise.
C. Should termination of the grant occur for any reason the Organization will, within thirty (30)
days from the date of termination, provide Allegany Franciscan Ministries with a full accounting
of the receipt and disbursement of funds and expenditures incurred under the grant through the
effective date of termination.
D. The Organization will immediately repay any funds used for purposes other than those of the
grant. Within thirty (30) days after the scheduled termination of the grant period, the
Organization will repay to Allegany Franciscan Ministries and unused funds. In the event
Allegany Franciscan Ministries terminates the grant prior to completion for any reason, the
Organization will promptly repay to Allegany Franciscan Ministries any unused funds or funds
used for purposes other than those specified in the proposal.
Vil. Catholic Social Teaching
The program funded with the grant will not operate contrary to official Church interpretations of
the social and moral teachings of the Roman Catholic Church.
Vlll. Continuity of Operations Plan (COOP)
The Organization will maintain an annually updated COOP plan identifying its preparation for
and response to any natural or man-made disaster, including but not limited to, hurricanes. The
plan will be made available to Allegany Franciscan Ministries upon request.
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8.J.2.a
Jarius Gilliam St. Lucie County Board of County Commissioners
IX. Allegany Franciscan Ministries Contact
All correspondence, reports and communication regarding this grant agreement and the grant
should be directed to:
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Jessica Gonzalez, Program Officer, 727-507-9668, igonzalez(&afmfl.org N
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X. Acceptance of Terms and Conditions
This grant is conditional upon the Organization's acceptance of the terms and conditions set forth
herein. By selecting the "I Accept Grant Terms and Conditions" below, the Organization agrees to i
accept and comply with the stated terms and conditions of this grant.* LL,
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Signature cm
Authorized Signature*
The signature on this document of the person authorized to make legal contracts for the
Organization will represent Organization's acceptance of this award and agreement to comply
with the stated terms and conditions of this grant. Please signify your agreement for the
foregoing terms and conditions by typing your name, title, and date in the spaces below. You
must be the chief executive of the Organization or an authorized officer of the Organization duly
empowered to make legal contracts. By entering your signature and clicking "I Agree," you
certify that you are an authorized representative of the Organization described herein and that
you agree to the terms and conditions of this grant agreement.
Authorized Signature*
Title*
Date*
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RESOLUTION
8.J.2.b
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available
from the Allegany Franciscan Ministries' St. Clare Fund Grant, in the amount of $10,000. The funding is to
be used for A Time 2 C.H.I.L.L. (Choose How I Live Life) one -day Crime Prevention, Community Health
Fair and Youth Summit to be held at the Lincoln Park Community Center.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 21 st day of July, 2015, pursuant to Section 129.06 (d), Florida Statutes
that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby
amended as follows:
REVENUE
001825-7215-337725-7102
APPROPRIATIONS
001825-7215-552000-7102
Allegany Franciscan Ministries
Operating Supplies
After motion and second the vote on this resolution was as follows:
Commissioner Paula A. Lewis, Chair
Commissioner Kim Johnson, Vice Chair
Commissioner Chris Dzadovsky
Commissioner Frannie Hutchinson
Commissioner Tod Mowery
PASSED AND DULY ADOPTED THIS 21ST DAY OF JULY 2015.
ATTEST:
$10,000
$10,000
XXX
XXX
XXX
XXX
XXX
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
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8.L.1
ITEM NO. (ID # 2928)
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DATE: 07/21/2015
COUNTY
` R I ID A AGENDA REQUEST *CONSENT AGENDA\PUBLIC
SAFETY & COMMUNICATIONS
TO:
Board of County Commissioners
Tiffany Bennett, Public Safety Division Director
SUBMITTED BY: Public Safety
SUBJECT: Intrado Agreement
BACKGROUND:
Intrado is agreeing to reimburse St. Lucie County for monthly fees charged by AT&T for the use of AT&T's
routing services for the 911 Center. Intrado will reimburse the County with an one-time payment of
$97,938 and a monthly payment of $3,162 thereafter.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Monies will be reimbursed into the Wireless fees account string #107001-2120-369930-200
(Reimbursements).
RECOMMENDATION:
Staff recommends Board acceptance of the Intrado Agreement and authorization for the Chair to sign
documents as approved by the County Attorney.
COMMISSION ACTION:
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8.L.1
Coordination/Signatures
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Tiffany Be , Publif t Division Director 6 22/ 01
Danie 5. McIntyre, Cgifinty ttorney 6/24/2015
Updated: 7/9/2015 3:49 PM by Kelly Phelan Page 2
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8.L.1.a
AGREEMENT
THIS AGREEMENT is made and entered into this day of 2015
by and between ST. LUCIE COUNTY PUBLIC
Florida, (hereinafter "Customer"), and INTRADO
collectively referred to herein as "the Parties".
SAFETY, a political subdivision of the State of
INC., (hereinafter "Intrado"), which entities are
RECITALS:
WHEREAS, the Parties have executed that certain Agreement for Services dated
12/9/2008, that included the Intelligent Emergency Network 9-1-1 Routing and Automatic Location
Information (ALI) Management Statement of Work (collectively hereinafter referred to as "SOW"),
and
WHEREAS, throughout the term of the SOW, despite efforts by Customer, AT&T has been
and continues to require Customer to pay certain routing related fees; and
WHEREAS, to facilitate the full migration of 9-1-1 related call traffic from AT&T to Intrado,
as contemplated by the SOW, the parties desire that Intrado shall pay the Customer for certain
Customer fees as enumerated herein; and
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
Incorporation of Recitals. The foregoing Recitals are true and correct and are hereby
incorporated into this Agreement.
2. Purpose. The purpose of this Agreement is to provide for payment of AT&T fees by
Intrado
3. Duties of Intrado. Intrado hereby agrees to remit directly to the Customer the monthly
fees charged Customer by AT&T for use of AT&T's routing services ("the Covered Fees"),
beginning on the month after the date of this Agreement. The Parties agree that in the event the
Covered Fees exceed Three Thousand One -Hundred Sixty -Two Dollars ($3,162) in any month,
Customer shall immediately notify Intrado of such excess amount. The Parties base this monthly
maximum for Covered Fees on the mutual expectations that the Covered Fees will not increase
from the current monthly amount and that as traffic migrates to Intrado's platform, the Covered
Fees will reduce.
4. Duties of Customer. Customer shall make vigilant attempts to discontinue its use of
AT&T's services. Specifically, Customer agrees to: (a) immediately pursue action requesting AT&T
to discontinue any unnecessary services related to Customer's 9-1-1-related calls in the event
AT&T resumes any such unnecessary services; (b) provide Intrado with copies of invoices from
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AT&T by electronic or faxed means on the day that such invoice is received by Customer and assist
Intrado with (i) a review of such invoices to insure proper billing, and (ii) elimination of excess fees
therein; and (c) otherwise perform all reasonable and financially feasible actions necessary to
eliminate reliance on AT&T for routing and any other services related to 9-1-1 call traffic, or to other
services provided by Intrado under the SOW.
5. Terms of Intrado's Payments. On the condition that Customer provides Intrado with
an electronic or faxed copy of the monthly AT&T invoice on the day that such invoice is received
by Customer, Intrado shall pay the Customer the Covered Feeson a quarterly basis . Intrado shall
pay the Covered Fees for a term that is the same as the initial term of the SOW ("the Covered
Term"). Intrado may discontinue payments of the Covered Fees during the Covered Term in the
event Customer fails to pursue the vigilant attempts to discontinue AT&T's services as required
herein. In the event Intrado exercises its option to discontinue payment of the Covered Fees based
on Customer's alleged failure to make such vigilant attempts to discontinue AT&T's services, if
applicable, Intrado shall first provide Customer written notice of its intent to discontinue payments
and allow Customer thirty (30) days to cure any alleged failure.
6. The Parties hereto acknowledge that Customer has already been invoiced by AT&T
and Intrado agrees to pay Customer a one-time lump sum payment of $97,938.00. Customer
agrees no other back fees can be applied.
7. The Parties acknowledge that Intrado is not authorized to act as Customer's agent
or representative pursuant to this Agreement, and is only authorized to carry out its obligations as
provided herein.
8. The Parties acknowledge that, to the extent this Agreement amends the SOW, such
SOW is hereby amended. All other terms of the SOW not amended by this Agreement shall remain
in full force and effect.
9. Florida Law. This Agreement shall be governed and construed in accordance with
Florida law. The parties agree that in the event of any litigation arising out of any alleged breach
or non-performance of this Agreement, the venue for such litigation shall be in St. Lucie County,
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
APPROVED AS TO FORM AND
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LEGAL SUFFICIENCY:
INTRADO, INC.
By:_
Title:
Date:
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8.L.2
ITEM NO. RES-2015-116
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Tiffany Bennett, Public Safety Division Director
Public Safety
DATE: 07/21/2015
*CONSENT AGENDA\PUBLIC
SAFETY & COMMUNICATIONS
Resolution - Emergency Management Preparedness and Assistance (EMPA)
Trust Fund Program Base Grant
The State -Funded Subgrant Agreement, EMPA, is for a total of $105,806.00 and is a cost -reimbursement
agreement intended to enhance the County's Emergency Management Plans and Programs. The grant
will assist with funding the communications, utilities, and equipment maintenance for the Emergency
Operations Center consistent with the State Comprehensive Emergency Management Plan and Program
(reference Rule Chapter 9G-6, Florida Administrative Code and Chapter 252, Florida Statutes).
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding is available and will be appropriated through the attached Budget Resolution (001459-
2510-543000-200) (EMPA).
RECOMMENDATION:
Staff recommends Board acceptance of the State -Funded Subgrant Agreement, EMPA, in the amount of
$105,806.00, approval of the attached Budget Resolution, and authorization for the Chair to sign
documents as approved by the County Attorney.
COMMISSION ACTION:
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8.L.2
Coordination/Signatures
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Tiffany Be , Publif t Division Director 7/7/ 01
Heather Young, Asst. County Attorney 7 5
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aula A. Lewis, District No. 3, Chair 7/21/2015
Updated: 7/14/2015 3:12 PM by Kelly Phelan A Page 2
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8.L.2.a
Contract Number.16-BG-83-10-66-01-056
STATE -FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and St. Lucie County,
(hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Program Budget and Scope
of Work, Attachment A and B of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment F.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin on July 1, 2015 and shall end June 30, 2016, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
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(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business
hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division. "Reasonable" shall ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall
comply with the following:
If the Recipient expends a total amount of State financial assistance equal to or more than
$500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific
audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or
10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement shows the State financial assistance awarded by this Agreement. In determining the State
financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial
assistance, including State funds received from the Division, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass -through awards and resources
received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient
shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes
submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the
event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost
of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid
from the Recipient's resources obtained from other than State entities). Additional information on the
Florida Single Audit Act may be found at the following website:
https://apps.fldfs.com/fsaa/sinqleauditact.aspx.
(e) Report Submission
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
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2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. Copies of financial reporting packages required under this Paragraph 6 shall
be submitted by or on behalf of the Recipient directly to each of the following:
The Division of Emergency Management at the following addresses:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEMSingle_Audit@em.myflorida.com
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted
to the Division of Emergency Management pursuant to this Agreement shall be submitted on time as
required under OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Division of
Emergency Management for audits done in accordance with 2 C.F.R. Part 200 or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General,
should indicate the date that the reporting package was delivered to the Recipient in correspondence
accompanying the reporting package.
(f) If the audit shows that all or any portion of the funds disbursed hereunder were not
spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Recipient of such non-
compliance.
(g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla.
Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant
or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied
with the applicable provisions noted above. The audit must be submitted to the Division no later than
nine (9) months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
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out report. The ending dates for each quarter of the program year are September 30, December 31
March 31 and June 30.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in Attachment
E.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division determines that
a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default'), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
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(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
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(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Teresa A. Warner
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-922-1637
Fax: 850-488-7842
Email:Teresa.warner@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
St. Lucie County
Public Satety & Communications
1 U05 W. Midway Road
Fer+ pierce, Florida 34945
Telephone: ar `-iL Q - `6 k0QD
Fax: 10 — Lk (.Pa "
Email: 0 S
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
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extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Program Budget
Attachment B — Scope of Work
Attachment C — Program Goals
Attachment D — Deliverables
Attachment E — Reports
Attachment F — Program Statutes, Regulations and Program Requirements
Attachment G — Justification of Advance Payment
Attachment H — Warranties and Representations
Attachment I — Certification Regarding Debarment
Attachment J — Statement of Assurances
Attachment K — Reporting Forms
(17) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$105,806.00, subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. All advances are required to be held in an interest -bearing
account. If an advance payment is requested, the budget data on which the request is based and a
justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed use of
these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that "all disbursements made
in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts." The supporting documentation must comply with the documentation
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requirements of applicable OMB Circular Cost Principles. The final invoice shall be submitted within sixty
(60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division contract manager as part of the
Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
All funds received hereunder shall be placed in an account with a separate account code
identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by
the Division that are not expended in implementing this program shall be returned to the Division, along
with any interest earned on all funds received under this Agreement, within ninety (90) days of the
expiration of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
Any requests received after July 31, 2016, at the discretion of the Division, may not be
reimbursed from this Agreement.
This agreement may be renewed, at the Division's sole discretion, for a period that may not
exceed three years or the term of the original Agreement, whichever period is longer, specifying the
renewed price and subject to the availability of funds. Pursuant to Section 287.057(13), Florida Statutes,
exceptional purchase contracts pursuant to Section 287.057(3)(a) and (c), may not be renewed.
At a minimum, the Recipient shall continue to provide other funding for the Recipient's
Emergency Management Agency at an amount equal to either: (1) the average of the previous
three years' level of county general revenue funding of the Recipient's Emergency Management
Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last
fiscal year, whichever figure is lower (Rule 27P-19.011, Florida Administrative Code). Recipient's
general revenue funding for 911 services, emergency medical services, law enforcement, criminal
justice, public works or other services outside the local emergency management agency as
defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of
county funding of the Recipient's Emergency Management Agency." The Recipient shall certify
compliance with Rule Chapter 27P-19, Florida Administrative by its execution of this Agreement,
and as a condition precedent to receipt of funding.
All payments relating to the Agreement shall be mailed to the following address:
St. Lurie County
Public
15305 VV. Midway Road
For lerce, Florida 34945
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Division of Emergency Management", and mailed directly to the following address:
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Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
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3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment 1) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
0) Any bills for travel expenses shall be submitted in accordance with Section
112.061(14)(a), Fla. Stat. The provisions of any special or local law, present or future, shall prevail over
any conflicting provisions in this section, but only to the extent of the conflict.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o) All expenditures of state financial assistance shall be in compliance with the laws,
rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference
Guide for State Expenditures.
(p) The Agreement may be charged only with allowable costs resulting from obligations
incurred during the term of the Agreement.
(q) Any balances of unobligated cash that have been advanced or paid that are not
authorized to be retained for direct program costs in a subsequent period must be refunded to the State.
(20) LOBBYING PROHIBITION
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(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
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(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment J.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
ST. LUCIE COUNTY
By:
Name and title:
Date:
FID#
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title: Bryan Koon, Director
Date:
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EXHIBIT — 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
NOTE: If the resources awarded to the recipient represent more than one State project, provide the same
information shown below for each State protect and show total state financial assistance awarded that is
subject to Section 215.97, Florida Statutes.
State Project -
State awarding agency: Division of Emergency Management
Catalog of State Financial Assistance title: Emergency Management Programs
Catalog of State Financial Assistance number: 31.063
$105, 806.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 27P-19, Florida Administrative
Code.
Eligible activities for these funds are limited to salaries and expenses relating to maintaining and
enhancing county emergency management plans and programs.
Eligible recipients for these funds are limited to the 67 Florida counties.
NOTE: 2 C.F.R. Part 200 and Section 215.97(5)(a), Florida Statutes, require that the information about
Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
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Attachment A
Program Budget
Funding from the Emergency Management Preparedness and Assistance Trust Fund is intended for
use by the Recipient to perform eligible activities as identified in this agreement and programs that
are consistent with State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida
Statutes).
• The transfer of funds between the categories listed in the Program Budget is permitted.
• Below is a general budget which outlines eligible categories and their allocation.
FY 2015-2016 —
Emergency Management
Preparedness and
Assistance Grant
ST. LUCIE COUNTY
Salary and Benefits
Other Personal/Contractual
Services (OPS)
Expenses
Operating Capital Outlay (OCO)
Fixed Capital Outlay (FCO)
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Attachment B
Scope of Work
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is
provided to enhance county emergency management plans and programs that are consistent with the
State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6,
Florida Administrative Code and Chapter 252, Florida Statutes). Eligible activities are outlined below in
the Categories and Eligible Activities. This Scope of Work recognizes that each recipient is at a varying
level of preparedness, and it is understood that each county has a unique geography, faces unique
threats and hazards, and serves a unique population.
The intent of the EMPA Base Grant Agreement is to provide each county with the means to successfully
manage and operate an Emergency Management Program. Counties must be able to prepare for,
respond to, recover from, and mitigate against natural and man-made disasters/ emergencies.
Each Emergency Management staff person must work the number of hours and assume the
responsibilities for the duties in their official position description as well as provide the
coordination and support for all incidents within their iurisdiction.
The minimum acceptable standard for payment is to maintain a 24-7 operation. To maintain a
minimum level of capability, submit current EMAP accreditation certification OR certificates for
the following training via SharePoint for each emergency management position.
• IS 100 — Introduction to Incident Command System
• IS 200 — ICS for Single Resources and Initial Action Incidents
• IS 700 — National Incident Management Systems (NIMS)
• IS 800 — National Response Framework
This includes any service related to the "Categories and Eligible Costs" listed below, as well as
completing the Program Goals (Attachment C). Items listed in Attachment C are to be reviewed
during the mid -year and end -of year progress report prepared in conjunction with the Division's
Regional Coordinator to ensure county compliance.
In addition, the County is to achieve the following emergency management Program Goals throughout the
contract period to ensure county compliance and coordination with the state emergency management:
Coordination and Collaboration, Training and Exercise, Geographical Information, Logistics, and Shelter
Survey and Retrofit Program.
By signing this Agreement the Recipient certifies that it will use the award to enhance its Emergency
Management Program.
Monitoring: Monitoring may be accomplished through either a desk -based review or on -site monitoring
visits, or both. Monitoring will involve the review and analysis of the financial, programmatic,
performance, compliance and administrative processes, policies, activities, and other attributes of each
county and will identify areas where technical assistance, corrective actions and other support may be
needed.
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Desk monitoring is the review of projects, financial activity and technical assistance between the Division
and the applicant via e-mail and telephone. On -Site Monitoring are actual visits to the recipient agencies
by a Division representative who examines records, procedures and equipment.
The Division may request additional monitoring/information if the activity, or lack thereof, generates
questions from the region, the sponsoring agency or Division leadership. The method of gathering this
information will be determined on a case -by -case basis.
Piggy -backing: The practice of procurement by one agency using the agreement of another agency is
called piggybacking. The existing contract must contain language or other legal authority authorizing third
parties to make purchases from the contract with the vendor's consent. The terms and conditions of the
new contract, including the scope of work, must be substantially the same as those of the existing
contract. The piggyback contract may not exceed the existing contract in the scope of volume of goods
or services. An agency may not use the preexisting contract merely as a "basis to begin negotiations" for
a broader or materially different contract.
Federally funded projects must be competitively solicited offering open competition. Piggy -backing off
existing agreements is not allowed unless justified by additional quotes demonstrating cost benefit of
contract vendor. This includes the use of State Term Contracts (STC), State Alternate Contract Sources
(ACS), General Services Administration (GSA) contracts, and local agreements. Each award under this
grant is a `new' project and must be competitively awarded. FDEM requires suspension and debarment
forms for each vendor and justification of vendor selection. FDEM must pre -approve all scopes of work
for protects funded under this agreement. FDEM may require solicitation documents and responses, at its
discretion.
I. Categories and Eligible Costs
FY2015-2016 allowable costs are divided into the following categories: salary and benefits, other
personal contractual services, expenses, operating capital outlay and fixed capital outlay are
allowable.
A. Salaries and Benefits
Authorized Salaries and Benefits are eligible for reimbursement. Copies of timesheets (if applicable)
documenting hours worked and earning statements/payroll registries are required documentation for
proof of salary payments. The Staffing Detail Worksheet must list the position for which reimbursement is
requested. Eligible categories for reimbursement include, but are not limited to:
• Regular Salary
• Overtime
• FICA
• SS/Medicare
• Retirement
• Life/Health Insurance
• Leave Payout
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• Accumulated sick/vacation time paid out within the Agreement period (this must be claimed during the
Agreement period in which the payout occurred (regardless of which Agreements were in place at the
time of accumulation)
The quarterly minimum acceptable standard is to have the qualified staffing level for the county
based upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management
staff person must be available to work the number of hours and assume the responsibilities for
the duties in their official position description as well as provide the coordination and support for
all incidents within their jurisdiction. Maintain the operational capability to activate facility their
on a 24 hour basis.
Personnel costs 27P-11.004, 27P-11.0061
(1) Counties with populations of 75,000 or more must have a full time emergency management
director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency
management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the
Governor by executive order or rule, are encouraged to have a full time director, but, must, as a
minimum, have an emergency management coordinator who works at least 20 hours a week in that
capacity. "Full-time Emergency Management Director" means a single professional emergency
management program Administrator working full-time as identified in the position description
established by the governing body of the jurisdiction.
(2) The county must have an emergency management program which has been approved by the
Division of Emergency Management. Program approval will require: compliance with appropriate
federal and state laws, rules and regulations; satisfactory completion of work elements of the previous
year; and, a current proposal containing work elements commensurate with the needs of that county
and a proposed budget. Eligible County Emergency Management Agencies in the state shall be
allocated annual Federal Emergency Management Agency (FEMA) Emergency Management
Performance Grant (EMPG) funding based on the following factors: an amount initially allocated to
the county under its Fiscal Year 1994-95 Emergency Management Assistance agreement with the
Division of Emergency Management (Division), a base amount distributed equally to each county and
an amount commensurate with each county's proportionate share of the state's total population
based on the most recent official population estimates. These amounts shall be increased or
decreased to reflect additions or reductions in the availability of FEMA EMPG funds to the Division
and the Division's distribution of funds to local governments. After providing for the initial allocation
and the base amount allocation as described above, each county's increase or decrease shall be
commensurate with its proportionate share of the state's total population based on the most recent
official population estimates. Federal funds shall be used by the county for personnel, travel and
operational expenses. Each county must be able to provide a non-federal match for federal funds on
a dollar for dollar basis.
B. Other Personal/Contractual Services
Authorized Other Personal/Contractual Services allows for reimbursement for services by a person(s)
who is not a regular or full time employee filling established positions. This includes but is not limited to,
temporary employees, student or graduate assistants, fellowships, part time academic employment,
board members, consultants, and other services. Services would include planning, training, exercise or
other priorities in emergency management.
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Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of
additional quotes must be submitted for pre -approval. These requests should be sent to the Contract
Manager for the Division for review either via e-mail or U.S. Mail. Once approved, a copy of the
Agreement must be sent to the Contract Manager within ten (10) days of execution.
C. Expenses
Authorized Expenses are defined as usual, ordinary, and incidental expenditures by an agency, including
but not limited to, commodities and supplies of a consumable nature, current obligations and fixed
charges. Expenditures defined as Operating or Fixed Capital Outlay should not be included in this
category. Backup Documentation should reflect the amount requested on the Expenses Detail of Claims
form.
Eligible items in the Expenses category include, but are not limited to:
• Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite)
• Internet Service
• Maintenance Agreements for equipment or services
• General Office Supplies
• Travel to/from meetings and conferences related to emergency management
• Travel to training and/or exercises related to emergency management
• Dues and Conference Travel as it relates to the Scope of Work
• Equipment (that does not qualify as OCO or FCO)
• Software and upgrades
• Publications and Training Materials
• Postage
• Apparel for identification of Emergency Management Staff in the field
• Fuel for Emergency Management vehicles
• Food/Beverages for activations (must have Governor's Executive Order or a declared Local State
of Emergency)
Maintenance and Service Contracts or Purchase Orders for Maintenance and Service timeframes are
at the discretion of the county. However, reimbursement can only be claimed for services within the
Agreement period. These Agreements cannot be rolled over from year to year. The procurement
process must be repeated each year to ensure competitive solicitation.
D. Operating Capital Outlay (OCO)
Authorized OCO is defined as equipment, fixtures and other tangible personal property of a non-
consumable nature that has a normal expected life of one year or more.
Eligible items include, but are not limited to:
• Computers, printers, copiers and fax machines
• Radios, satellite telephones and other communications equipment
• Furniture for Emergency Management Offices and Emergency Operation Centers
• Shelving for storage of Emergency Management equipment
• Vehicles for the Emergency Management Program (see note regarding vehicle purchases below)
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E. Fixed Capital Outlay (FCO)
Authorized FCO is defined as real property (land, buildings including appurtenances, fixtures and fixed
equipment, structures, etc.) including additions, replacements, major repairs and renovations to real
property which materially extend its useful life or materially improve or change its functional use, and
including operating capital outlay necessary to furnish and operate a new or improved facility.
Eligible items include, but are not limited to:
• Major repairs to the County Emergency Operations Center
• Central Heat/Air
• Out buildings for storage of Emergency Management Equipment
• Security Improvements (i.e. Cameras and equipment to operate)
• Generators and Installation
II. Eligibility Requirements:
Rule 27P-19.004, Florida Administrative Code (F.A.C.) requires Counties to certify their commitment to
employ and maintain either a Full-time Director or Part-time Coordinator.
Counties must also maintain a County Emergency Management budget that is equal to the
amount of the previous year or the average of the previous three years' level of funding. If the
county budget is reduced for any reason, a waiver must be requested no later than forty-five (45)
days prior to the beginning of the county fiscal year. Rule 27P-19.011, F.A.C. further defines these
requirements.
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Attachment C
Program Goals
The County is to achieve the following emergency management Program Goals throughout the contract
period to ensure county compliance and coordination with the state emergency management.
Items listed below are to be reviewed during the mid -year and end -of year progress report prepared in
conjunction with the Division's Regional Coordinator to ensure county compliance.
1. COORDINATION AND COLLABORATION - Utilizing the elements below, county emergency
management agencies will have an ongoing process that provides for coordinated and collaborated
input in the preparation, implementation, evaluation and revision of emergency management
programs.
A) Need to attend at least three events below and provide an agenda or a copy of the certificate to
show participation during this contract period (July 1, 2015 — June 30, 2016):
• Quarterly Regional Coordination Meetings — submittal of agenda is NOT required
• Current Issues in Emergency Management (CIEM) — submittal of certification is NOT
required
• Florida Governor's Hurricane Conference or National Hurricane Conference
• Florida Emergency Preparedness Association Annual Meeting
• Florida Emergency Preparedness Association Mid Year Work Session
• Local Mitigation Strategy (LMS) Workshops
• Professional Development Conferences & Training
B) Update and submit changes to the County Contact Form, to include County Officials annually or
as changes occur.
C) Hold at least one (1) Emergency Operations Center (EOC) concept of operations meeting to
include Emergency Support Function (ESF) and community partners prior to the start of hurricane
season.
D) Hold at least one (1) Recovery Strategy meeting to include the appropriate ESF, Non
Government Partners (NGO) and community partners prior to the start of hurricane season.
2. TRAINING AND EXERCISE - To ensure that each county emergency management agency
maintains a comprehensive, all hazards training and exercise program to evaluate and test all
aspects of the local emergency management system including activation of the county EOC, during
this contract period (July 1, 2015 — June 30, 2016), the county must:
A) Participate in the annual Statewide Hurricane Exercise and submit the following within 90 days
This must be uploaded to the Division's Sharepoint portal, hit s:Hportal.floridadisaster.org.
• One (1) Incident Action Plan (IAP) OR one (1) Situation Report (SITREP) with a roster of
participants; and
• Participate in at least one (1) conference call.
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B) Submit an After Action Report (AAR) and Corrective Action Plan (CAP) within 90 days for all
exercises not conducted by the State. This must be uploaded to the Division's Sharepoint portal,
https:Hportal.floridadisaster.org.
3. GEOGRAPHICAL INFORMATION - Emergency services data must be developed, maintained, and
updated in cooperation between counties and the Division. A data export will be created for each
county and uploaded to the Division's Sharepoint portal, https:Hportal.floridadisaster.org. Updates and
corrections must be provided to the Division's GeoSpatial Information Systems (GIS) section on or
before April 15, 2016. This must include:
A) Location and attribute information of all fire rescue, law enforcement, public safety and
emergency service stations must be reviewed and updated as needed.
B) Location and attribute information of other critical facilities as deemed necessary by the county
Emergency Manager.
Attribute information for spatial data requested must include: facility name, facility type, physical
address, and USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is
required).
NOTES:
• Instead of reviewing the spreadsheet, an export from a county GIS department may be submitted.
Zipped shapefiles or geodatabases may be extracted from a county GIS system and uploaded to
the Sharepoint portal.
• If a county maintains a GIS data download website, that URL may simply be provided.
• If counties have no changes since the last agreement period, a statement of "no change" must be
submitted via the Sharepoint portal..
• Critical facility inventory spreadsheets provided will contain more facility types than are required
to be reviewed.
4. LOGISTICS - The County must maintain a comprehensive resource management program that
involves pre -disaster, systematic identification of resource requirements, shortfalls and inventories.
Also, the county must identify local resources to meet emergency needs, and develop local contracts
for goods and services. The following must be uploaded to the Division's Sharepoint portal,
https:Hportal.floridadisaster.org, no later than June 1, 2016.
A) An updated county logistics strategy/plan that is consistent with guidance found in the County
Logistics and Points of Distribution (POD) Standard Operating Guide (SOG) (CEMP 2355). The
strategy/plan must also include, but is not limited to the following:
• County Government Emergency Fuel Strategy
• Utilization of private business and industry in meeting emergency resource needs
• List of local vendors, any Memorandum of Agreements and contracts that will provide
resources in an emergency
• Location, survey forms and attributes information for county logistical staging areas
• Location and attribute information for Points of Distribution (POD) sites and Comfort Stations
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SHELTER SURVEY AND RETROFIT PROGRAM — In accordance with Florida's statewide hurricane
shelter space deficit elimination program, the following must be uploaded to the Division's Sharepoint
portal, https://portal.floridadisaster.org. All information must be verified by the county.
A) Identify potential hurricane shelter retrofit projects or report that there are no new identified
projects. (This information is used to compile the Shelter Retrofit Report.)
B) Report all hurricane shelter retrofit projects that are undertaken, regardless of funding source(s)
or report that there are no projects.
C) Develop and submit a strategy to ensure that by June 1, 2016, all designated Special Needs
Shelters (SpNS) have a standby power system or capability with adequate capacity to support
life -safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary
medical equipment. For those designated SpNS facilities without a permanently equipped
standby electric generating capacity, a locally sourced and acquired temporary electric generator
with adequate capacity to support the standby power system requirements must be provided.
D) Develop and submit a strategy to ensure that by June 1, 2016, there is adequate designated
SpNS client space capacity to meet the anticipated five-year demands as determined by the 2012
Statewide Emergency Shelter Plan (January 31, 2012). All designated SpNS facilities must at a
minimum meet the hurricane safety criteria established in the American Red Cross Standards for
Hurricane Evacuation Shelter Selection (ARC 4496) and be equipped with an adequate standby
electric power system or capability as described in item 5.C. above.
E) Update and submit a hurricane shelter deficit reduction progress reports, which include "as -is",
retrofit and Enhanced Hurricane Protection Areas (EHPA) construction. (This information is used
to compile the Shelter Retrofit Report.)
F) Provide a brief report on results of the year's coordination with school boards, community
colleges and universities (as applicable) for implementation of the statutory and code required
Public Shelter Design Criteria (a.k.a. EHPA). The most recent published Statewide Emergency
Shelter Plan can provide guidance for implementation of the EHPA criteria. A checklist to provide
this information will be made available on the Division's Sharepoint Portal.
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Attachment D
Deliverables
EMPA Base Grant costs are divided into the following categories: salary and benefits, other personal
contractual services, expenses, operating capital outlay and fixed capital outlay are allowable. The
intent of the EMPA Base Grant Agreement is to provide each county with the means to successfully
manage and operate an Emergency Management Program. Counties must be able to prepare for,
respond to, recover from, and mitigate against natural and man-made disasters/ emergencies.
The County Emergency Operation Center must be able to operate within the minimum acceptable
standard to maintain a 24-7 operation, 7 days a week. The Recipient must maintain current EMAP
accreditation certification OR certificates for the following training via SharePoint for each emergency
management position.
• IS 100 — Introduction to Incident Command System
IS 200 — ICS for Single Resources and Initial Action Incidents
IS 700 — National Incident Management Systems (NIMS)
IS 800 — National Response Framework
Each Emergency Management staff person must work the number of hours and assume the
responsibilities for the duties in their official position description as well as provide the coordination and
support for all incidents within their jurisdiction. The quarterly minimum acceptable standard is to have
the qualified staffing level for the county based upon Rules 27P-11.004 and 27P-11.0061.
Financial Consequence
To receive reimbursement for performance of each category, the Recipient's activities must be
completed within the agreement period and in accordance with the Budget and Scope of Work,
Attachment A and B of the Agreement. In the event that the Recipient does NOT maintain level of
capability (EMAP and certificates), the Division will withhold 5% of the amount requested in the
Quarterly Financial Report.
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Attachment E
Reports
A. Recipient must provide the Division with quarterly financial reports, mid -year and end -of -year
summary progress reports prepared in conjunction with the Division's Regional Coordinator, and
a final close-out report. Reporting Forms are located in Attachment K and can be found on the
Division internet site.
B. The Recipient must provide the Division with full support documentation for the quarterly
financial reports. To eliminate large files and mailings, the Division will accept back up
documentation on a CD if desired by the county.
• Salaries: Includes, but is not limited to, a copy of the payroll register (highlight, underline or
circle expenses being claimed), spreadsheet showing breakdown (optional), timesheets (if
applicable), and canceled checks or proof of payment. Check/payroll registers are accepted
as backup for both State and Federal Agreements with the Division if canceled checks are
not available.
• OPS/Contractual Services: Includes, but is not limited to copies of contracts, MOUs or
agreements with consultants or sub -contractors providing services, payroll registers,
timesheets and copies of checks/proof of payment for temporary employees, student or
graduate assistants, fellowships, part-time academic employment, etc. Invoice detailing
services performed and a copy of proof of payment (i.e., canceled checks, general ledger
showing deducted expenditure, etc.)
• Expenses: Must include a copy of the invoice/receipt and proof of payment in the form of a
canceled check or ledger showing amount deducted from county fund.
o If training/exercise is provided by contractor, an agenda, training materials, exercise
materials and copies of sign -in rosters of attendees should be included. If planning is
provided then will need copies of planning materials and work products (i.e., meeting
documents, copies of completed plans, etc.)
o For travel and conference activities, copies of all receipts must be submitted (i.e.,
airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.)
Receipts must be itemized and match the dates of travel/conference. If conference,
a copy of the agenda must be provided. Proof of payment is also required for all
travel and conferences.
• OCO: Includes but is not limited to a copy of the vendor invoice/receipt and proof of payment
in the form of a check or ledger showing payment deduction.
• FCO: Includes but is not limited to a copy of the vendor invoice/receipt and proof of payment
in the form of a check or ledger showing payment deduction.
• If cancelled checks are NOT available, copies of the general ledger MUST be provided.
C. Quarterly financial reports are due to the Division no later than thirty days after the end of
each quarter of the program year; and must continue to be submitted each quarter until
submission of the final close-out report. The ending dates for each quarter of this
program year are September 30, December 31, March 31 and June 30.
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D. The final close-out report is due sixty days after termination of this Agreement.
E. The Budget Form is to be completed and sent along with the County's signed agreements
for execution. Along with the Budget Form the county needs to provide a copy of the
current Emergency Management Local Budget (General Revenue). This is to ensure
compliance with Rule 27P-19.011, Florida Administrative Code.
F. In order to ensure compliance with Rule 27P-19.011, Florida Administrative Code, historical
budgetary information relating to the Recipient's Emergency Management Program is also
required. This information must be developed based on guidelines provided and must be
submitted to the Division no later than December 31, 2015.
G. In a format provided by the Division, a proposed staffing summary must be submitted by
December 31, 2015. Also, each funded county emergency management position description
must be submitted to the Division no later than December 31, 2015.
H. If all required reports prescribed above are not provided to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are
completed or may take such other action as set forth in Paragraphs (10), (11) and (12) of this
Agreement, and Rule 27P-19.014, Florida Administrative Code. "Acceptable to the Division"
means that the work product was completed in accordance with generally accepted principles,
guidelines and applicable law, and is consistent with the Scope of Work.
I. Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the
Division's Regional Coordinator and submitted to the contract manager.
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Attachment F
Program Statutes, Regulations and Program Requirements
Program Statutes
1. Chapter 252, Florida Statutes
2. Rule Chapters 27P-6, 27P-11, 27P-19 and 27P-20, Florida Administrative Code
3. 48 CFR, Part 31
Program Requirements
(1) EQUIPMENT AND PROPERTY MANAGEMENT
The Division will cover the monthly cost of the satellite service provided to the counties (this
includes one (1) license per county). The charge does not cover maintenance, repair, additional
equipment and other services not part of the initial order for services. In particular, the service charge
does not cover:
(a) Maintenance, repair, or replacement of parts damaged or lost through catastrophe,
accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external damage to the
equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator
error, failure or malfunction of data communication equipment not provided to the Recipient by the
Division under this Agreement, or from any cause other than intended and ordinary use.
(b) Changes, modifications, or alterations in or to the equipment other than approved
upgrades and configuration changes.
(c) Deinstallation, relocation, or removal of the equipment or any accessories, attachments
or other devices.
The Recipient shall be independently responsible for any and all charges not part of the initial service
order.
(2) NAWAS
The Florida National Warning System (NAWAS) is a U.S. Department of Homeland Security
product that shall be monitored 24 hours a day/365 days a year. The U. S. Department of Homeland
Security supplies the line and one handset to the recipient at no cost. Additional equipment, connections
and handsets are the responsibility of the Recipient.
(3) VEHICLES
Written approval from the Director of the Division must be obtained prior to the purchase of any
motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division
has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to
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any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's
Emergency Management Preparedness and Assistance (EMPA) Base Grant expenditures.
(4) PROPERTY MANAGEMENT/PROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
(b) Allowable costs shall be determined in accordance with Office of Management and Budget
Circular A-102 - Common Rule.
(c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the
purpose for which it was intended.
(d) Equipment purchased under the terms of this Agreement shall remain the property of the
Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and
procedures and applicable federal policies and procedures.
(5) CERTIFICATIONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code, Chapter
252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency
management program and associated activities.
(b) The Recipient certifies that funds received from the Emergency Management, Preparedness
and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from
one program under the Trust Fund be used to match funds received from another program under the
Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services,
emergency medical services, law enforcement, criminal justice, fire service, public works or other services
outside the emergency management responsibilities assigned to the Recipient's Emergency Management
Agency, unless such expenditure enhances emergency management capabilities as expressly assigned
in the local Comprehensive Emergency Management Plan (CEMP).
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid
Agreement (SMAA).
(d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time
Director consistent with Rule 27P-19.002(6), Florida Administrative Code.
(6) OTHER CONDITIONS
(a) As a further condition of receiving funding under this Agreement, following full or partial
County Emergency Operation Center activation at a level equivalent to a State Emergency Operation
Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty-
five (45) days following the conclusion of the activation, evaluate the performance of all elements of the
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local emergency management program during that activation, and provide a written after action report to
the Division.
(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational
information to educate the public about the Emergency Management Program is allowable.
(c) Food and beverages may be purchased for Emergency Management personnel and other
personnel only if the Recipient's Emergency Operation Center or field command office is in an activated
status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be
made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency
appropriately declared by local officials in response to an emergency event or threat.
(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new
or updated ordinances in effect which expressly address emergency management, disaster
preparedness, civil defense, disasters, and emergencies or otherwise govern the activation of the local
emergency management program provided in s.252.38, Florida Statutes.
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Attachment G
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff, award benefits to clients, duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
20-20_ Anticipated Expenditures for First Three Months of
(list applicable line items)
Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for
the cash advance. The justification must include supporting documentation that clearly shows the advance
will be expended within the first ninety (90) days of the contract term. Support documentation should
include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division
reasonable and necessary support that the advance will be expended within the first ninety (90) days of the
contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be
returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty
(30) days of receipt, along with any interest earned on the advance)
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Attachment H
Warranties and Representations
Financial Management
Recipient's financial management system must include the following..
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of Conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
30
Packet Pg. 190
8.L.2.a
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 8 IAM - Spin
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
31
Packet Pg. 191
8.L.2.a
Attachment I
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
DEM Contract Number
Project Number
32
Packet Pg. 192
8.L.2.a
Attachment J
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative
Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the
application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant
assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally -assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
33
Packet Pg. 193
8.L.2.a
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P. L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
34
Packet Pg. 194
Attachment K
Reporting Forms
DIVISION OF EMERGENCY MANAGEMENT
8.L.2.a
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - BASE GRANT
Quarterly Financial Report (Form 1):
1. These reports must be completed in full on a quarterly basis and be submitted no later than 30 days after the end of each quarter
QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT CLAIMING ANY
EXPENDITURES.
Quarterly Financial Report (Form 1) and Detail of Claims (Form 2 and 3):
1. These forms are to be submitted quarterly. Complete Quarterly Financial Report by entering all information needed for reimbursement.
2. The Detail of Claims form must accompany the Quarterly Financial Report.
3. The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority.
4. Claims are to be submitted to the following address:
DIVISION OF EMERGENCY MANAGEMENT
2555 SHUMARD OAK BOULEVARD
TALLAHASSEE, FLORIDA 32399-2100
Attn: (Contract Manager's name)
Budget -(Form 4):
1. The Budget Form is to show how the EMPA Base Grants will be matched at an amount either equal to the average of the previous three
years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County
Emergency Management Agency for the last fiscal year, whichever figure is lower.
2. This form is to be completed and sent along with the signed agreements for execution. Required with this form the county needs to
provide a copy of the current Emergency Management Local Budget (General Revenue).
3. This is to ensure compliance with Rule 27P-19.011, Match Requirements, Florida Administrative Code.
Staffing Detail - (Form 5):
List ALL Emergency Management Agency staff, regardless of funding. Provide a total anticipated annual amount of Salaries and Benefits to be
paid for each position. Provide the funding distribution (%) in each applicable column: local, state. federal, etc.
Historical for Match - (Form 6):
1. AGREEMENT PERIOD 2014-2015 - This will consist of the last quarter of the county's fiscal year 2013-2014 and the first three quarters o
the county's fiscal year 2014-2015
2. This information represents the county's general funds and all federal and/or state funds provided for the county's Emergency Management
Program for Fiscal Year 2014-2015. Federal Funds requires a dollar for dollar non-federal match from county generated funds or other non-
federal funds.
3. This information focuses only on the County Emergency Management Agency's annual costs; it should not include any disaster -related response
or recovery costs.
4. Include any explanatory footnotes or narrative comments you feel relevant, particularly if you experienced any large, atypical/non-recurring
expenditures (e.g., construction of an EOC) that would spike your local spending in any given year.
EXPENDITURE DEFINITIONS - This sample report should serve only as an example - Use actual data from your County's financial
records
1. Includes the compensation for services that are directly related to the emergency management program by persons who are regular
employees in established positions. Calculation should include any known overtime cost requirements and all salary related matching
benefits such as social security, retirement and insurance contributions, etc.
2. Includes the compensation for services that are directly related to the program by an outside company or a person who is not a regular or ful
time employee filling an established position. This shall include but not be limited to, temporary employees, student or graduate assistants,
fellowships, part time academic employment, board members, consultants, and other services.
3. Includes the usual, ordinary, and incidental expenditures by an agency, including, but not limited to, commodities and supplies of a
consumable nature.
4. Includes equipment, fixtures and other tangible personal property of a nonconsumable and nonexpendable nature that have a normal
expected life of one year or more.
5. Includes real property (land, building including appurtenances, fixtures and fixed equipment, structures, etc.), including additions,
replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its
functional use, and including operating capital outlay necessary to furnish and operate a new or improved facility.
Close Out Report - (Form 7):
Close Out Reports are due forty-five (45) days after the contract end date.
2. The agreement cannot be considered closed until the Close Out Report has been received.
Packet Pg. 195
Documentation of project expenditures:
8.L.2.a
1. Grantees must maintain documentation of expenditures for a minimum period of five years following the close of project/program operat
audits require a longer period of time.
2. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the grantee
during the grant period. Documentation of expenditures against the program will be reviewed and verified upon receipt by DEM staff. Acceptable
documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, payroll vouchers, journal transfers, etc. Q
d
These documents should be submitted when requesting reimbursement. 2
uJ
3. In order to document hours worked on the program by permanent or temporary staff, the grantee may use its own time and attendance forms. A
Staffing Detail Worksheet is also required to identify positions being funded by the agreement. L)
4. All claims for reimbursement of expenditures must be submitted on the approved DEM Quarterly Financial Reporting forms. Claims not submitted r
on the proper form cannot be processed and will be returned for corrections Forms must be submitted with original signatures. !�
IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY, PLEASE FIND THEM ON OUR WEBSITE AT
http://www.floridadisaster.org/grants/index.htm OR NOTIFY YOUR CONTRACT MANAGER
Packet Pg. 196
8.L.2.a
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA BASE GRANT
QUARTERLY FINANCIAL REPORTQ
GRANTEE:
County Name:
Address:
Point of Contact:
Telephone #:
AGREEMENT#
Claim #
(Select the quarter of submission)
QUARTERLY REPORTING DUE DATES
July 1 — September 30 — Due no later than October 31
October 1 — December 31 - Due no later than January 31
January 1 — March 31 — Due no later than April 30
April 1 - June 30 — Due no later than July 31
THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY
CUMULATIVE
TOTAL ALLOCATED
CURRENT CLAIM
REMAINING BALANC
1. Salary and Benefits
2. Other Personal /Contractual Services
3. Expenses
4. Operating Capital Outlay OCO
5. Fixed Capital Outlay (FCO)
TOTAL
TOTAL AMOUNT TO BE PAID ON THIS INVOICE
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed:
Grantee Contract Manager or Financial Officer
Date
QUARTERLY STATUS' REPORT
This information below is required EACH QUARTER. This information MUST be clearly linked
to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK.
Report event, progress, delays, etc., that pertain to this project (i.e., incidents, activities, meetings, reporting training and /or exercises)
(Attach additional page(s) if needed.)
THIS SECTION
BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT
Total EMPA State Amount
Prior Payments
This Payment
Unex ended Funds
Packet Pg. 197
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Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Emergency Management Preparedness and Assistance Grant Program Q
Form 7 d
Close -Out Report
w
This form should be completed and submitted to the Division no later than forty-five (45) days after the termination date of U
the Agreement. c
Grantee Agreement No.
Address Agreement Amount
City and State Agreement Period
Cost Categories
y Category - Total Contract
Expenditures
Salary and Benefits
Other Personal/Contractual
Services
Expenses
Operating Capital Outlay
(Equipment)
Fixed Capital Outlay
Total
$0.00
Total
Payments Received Under this Agreement
(Include any advanced funds and final requested payment)
Date Amount
1
2
3
4
5
6 $0.00
Agreement Amount
Minus Total Payments
(Including final requested funds — Line 6)
Refund and/or final interest checks are due no later than ninety
(90) days after the expiration of the Agreement.
Make checks payable to:
Cashier, Division of Emergency Management
Mail To:
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attn: (contract manager)
Unspent balance
I hereby certify that the above costs are true and valid costs incurred in
accordance with this Agreement.
Signed
Date
Grantee Contract Manager or Financial Officer
Packet Pg. 203
8.L.2.a
Form 8
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE BASE GRANT PROGRAM
EXPENDITURE CATEGORY DEFINITIONS
SALARY AND BENEFITS:
The cash compensation for services rendered by a regular employee in an established position for a
specific period of time.
2 OTHER PERSONAL/CONTRACTUAL SERVICES (OPS):
The compensation for services by a person who is not a regular or full-time employee filling an
established position. This shall include but not be limited to, temporary employees, student or
graduate assistants, fellowships, part time academic employment, board members, consultants, and
other services specifically budgeted by each agency in this category.
3 EXPENSES:
The usual, ordinary, and incidental expenditures by an agency, including, but not limited to,
commodities and supplies of a consumable nature, current obligations, and fixed charges, and
excluding expenditures classified as operating capital outlay. Payments to other funds or local, state,
or federal agencies are included in this budget classification of expenditures.
4 OPERATING CAPITAL OUTLAY:
Equipment, fixtures and other tangible personal property of a non -consumable nature and has a
normal expected life of one year or more.
5 FIXED CAPITAL OUTLAY:
Real property (land, buildings including appurtenances, fixtures and fixed equipment, structures, etc.),
including additions, replacements, major repairs, and renovations to real property which materially
extend its useful life or materially improve or change its functional use, and including operating capital
outlay necessary to furnish and operate a new or improved facility.
Packet Pg. 204
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA BASE GRANT
QUARTERLY FINANCIAL REPORT
GRANTEE:
County Name:
Address:
Point of Contact:
Telephone #:
AGREEMENT #
Claim #
(Select the quarter of submission)
nl IARTFRI Y RFPr)RTINQ nI IF nATFS
July 1 - September 30 - Due no later than October 31
October 1 - December 31 - Due no later than January 31
January 1 - March 31 - Due no later than April 30
April 1 - June 30 - Due no later than July 31
THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY
CUMULATIVE
TOTAL ALLOCATED
CURRENT CLAIM
REMAINING BALANCE
1. Salary and Benefits
2. Other Personal /Contractual Services
3. Expenses
4. Operating Capital Outlay OCO
5. Fixed Capital Outlay (FCO)
EMAP
TOTAL
TOTAL AMOUNT TO BE PAID ON THIS INVOICE
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed:
Grantee Contract Manager or Financial Officer
Date
QUARTERLY STATUS REPORT
This information below is required EACH QUARTER. This information MUST be clearly linked
to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK.
Report event, progress, delays, etc., that pertain to this project (i.e., incidents, activities, meetings, reporting training and /or exercises)
(Attach additional page(s) if needed.)
THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT
Total EMPA (State) Amount
Prior Pavments
This Payment
Unexpended Funds
Packet Pg. 205
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Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Emergency Management Preparedness and Assistance Grant Program
Form 7 d
Close -Out Report w
This form should be completed and submitted to the Division no later than forty-five (45) days after the termination date of
the Agreement. c
Grantee Agreement No.
Address Agreement Amount
City and State Agreement Period
Cost Categories
y CategoryTotal Contract
Expenditures
Salary and Benefits
Other Personal/Contractual
Services
Expenses
Operating Capital Outlay
(Equipment)
Fixed Capital Outlay
EMAP
Total
$0.00
Total
Payments Received Under this Agreement
(Include any advanced funds and final requested payment)
Date Amount
1
2
3
4
5
6
7 $0.00
Agreement Amount
Minus Total Payments
(Including final requested funds — Line 7)
Refund and/or final interest checks are due no later than ninety
(90) days after the expiration of the Agreement.
Make checks payable to:
Cashier, Division of Emergency Management
Mail To:
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attn: (contract manager)
Unspent balance
I hereby certify that the above costs are true and valid costs incurred in
accordance with this Agreement.
Signed
Date
Grantee Contract Manager or Financial Officer
Packet Pg. 207
RESOLUTION
8.L.2.b
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available
from the Florida Division of Emergency Management through a State Funded Sub -grant Agreement, in the
amount of $105,806. The funding from the Emergency Management Preparedness and Assistance
(EMPA) Trust Fund Program Base Grant is intended to enhance County's Emergency Management Plans
and Programs that are consistent with the State Comprehensive Emergency Management Plan and
Program (SCEMPP).
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 21st day of July, 2015, pursuant to Section 129.06 (d), Florida Statutes
that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby
amended as follows:
REVENUE
001459-2510-334206-200
APPROPRIATIONS
001459-2510-541000-200
001459-2510-543000-200
001459-2510-551000-200
001459-2510-552000-200
EMPA-FL Div of Emergency Management
Communications
Utilities
Office Supplies
Operating Supplies
After motion and second the vote on this resolution was as follows:
Commissioner Paula A. Lewis, Chair
XXX
Commissioner Kim Johnson, Vice Chair
XXX
Commissioner Chris Dzadovsky
XXX
Commissioner Frannie Hutchinson
XXX
Commissioner Tod Mowery
XXX
PASSED AND DULY ADOPTED THIS 21 ST DAY OF JULY 2015.
$105,806
$ 50,403
$ 50,403
$ 2,500
$ 2,500
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Packet Pg. 208
8.L.3
ITEM NO. RES-2015-117
TO:
PRESENTED BY:
SUBMITTED BY:
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Tiffany Bennett, Public Safety Division Director
Public Safety
DATE: 07/21/2015
*CONSENT AGENDA\PUBLIC
SAFETY & COMMUNICATIONS
Resolution - Emergency Management Preparedness Federally -Funded
Grant (EMPG)
The Emergency Management Preparedness Federally -Funded Grant (EMPG) is for a total of $94,683.00,
and is intended to enhance County's Emergency Management Plans and Programs that are consistent
with the State Comprehensive Emergency Management Plan and Programs (SCEMPP) and does require a
match. The matching funds are included in the Emergency Management budget of FY 14/15 and FY
15/16.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding is available and will be appropriated through the attached Budget Resolution (001570-
2510-543000-200) (EMPG)
RECOMMENDATION:
Staff recommends Board acceptance of the Emergency Management Preparedness Federally -Funded
Grant in the amount of $94,683.00, approval of the attached Budget Resolution, and authorization for the
Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 209
8.L.3
Coordination/Signatures
f
k di f�V-me
Tiffany Be , Publif t Division Director 7/7/ 01
Heather Young, Asst. County Attorney 7 5
r
aula A. Lewis, District No. 3, Chair 7/21/2015
Updated: 7/14/2015 3:13 PM by Kelly Phelan A Page 2
Packet Pg. 210
8.L.3.a
Contract Number:16-FG--01-66-01-123
FEDERALLY -FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and St. Lucie County,
(hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following.
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment F.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin on July 1, 2015 and end June 30, 2016, unless terminated
earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
Packet Pg. 211
8.L.3.a
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business
hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division. "Reasonable" shall ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in 2 C.F.R. Part 200, and in the event that the Recipient expends $750,000 or more in Federal awards in
its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with
the provisions of 2 C.F.R. Part 200. EXHIBIT 1 to this Agreement shows the Federal resources awarded
through the Division by this Agreement. In determining the Federal awards expended in its fiscal year,
the Recipient shall consider all sources of Federal awards, including Federal resources received from the
Division. The determination of amounts of Federal awards expended should be in accordance with the
guidelines established by 2 C.F.R. Part 200. An audit of the Recipient conducted by the Auditor General
in accordance with the provisions of 2 C.F.R. Part 200, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in 2 C.F.R. Part 200.
If the Recipient expends less than $750,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of 2 C.F.R. Part 200, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of 2 C.F.R. Part 200, as revised, the cost of
the audit must be paid from non -Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with 2 C.F.R.
Part 200 and required by subparagraph (d) above, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEMSingle_Audit@em.myflorida.com
Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by
submission online at
http://harvester.census.gov/fac/collect/ddeindex.html
2
Packet Pg. 212
8.L.3.a
And to any other Federal agencies and pass -through entities in accordance with 2 C.F.R. Part 200.
(f) Pursuant to 2 C.F.R. Part 200 and any management letter issued by the auditor, to
the Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEMSingle_Audit@em.myflorida.com
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with 2 C.F.R. Part 200, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
2 C.F.R. Part 200 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
(j) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are September 30, December 31
March 31 and June 30.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in Attachment
E.
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Packet Pg. 213
8.L.3.a
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division determines that
a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default'), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
11
Packet Pg. 214
8.L.3.a
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
5
Packet Pg. 215
8.L.3.a
(b) The name and address of the Division contract manager for this Agreement is:
Teresa A. Warner
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-922-1637
Fax: 850-488-7842
Email: teresa.warner(o)em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is: St, Lucie County
Public Safety & Communications
05 W. Midway Road
Telephone: Fort Pierce, Florida 34945
Fax:
Email: 'ja " L't A
r e c o • 01-5
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Program Budget
Attachment B — Scope of Work
Attachment C — Program Goals
Attachment D — Deliverables
Attachment E — Reports
Attachment F — Program Statutes, Regulations and Special Conditions
Attachment G — Justification of Advance Payment
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Attachment H — Warranties and Representations
Attachment I — Certification Regarding Debarment
Attachment J — Statement of Assurances
Attachment K — Reporting Forms
(17) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $94,683.00,
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal 2 C.F.R. Part 200 and the Cash Management
Improvement Act of 1990. All advances are required to be held in an interest -bearing account. If an
advance payment is requested, the budget data on which the request is based and a justification
statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of
advance payment needed and provide an explanation of the necessity for and proposed use of these
funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that "all disbursements made
in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts." The supporting documentation must comply with the documentation
requirements of applicable in 2 C.F.R. Part 200. The final invoice shall be submitted within sixty (60) days
after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal
of quarterly invoices shall be submitted to the Division contract manager as part of the Recipient's
quarterly reporting as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
All funds received hereunder shall be placed in an account with a separate account code
identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by
the Division that are not expended in implementing this program shall be returned to the Division, along
with any interest earned on all funds received under this Agreement, within ninety (90) days of the
expiration of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management and
Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST
PRINCIPLES AND PROCEDURES.
Any requests received after July 31, 2016, at the discretion of the Division, may not be
reimbursed from this Agreement.
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This agreement may be renewed, at the Division's sole discretion, for a period that may not
exceed three years or the term of the original Agreement, whichever period is longer, specifying the
renewed price and subject to the availability of funds. Pursuant to Section 287.057(13), Florida Statutes,
exceptional purchase contracts pursuant to Section 287.057(3)(a) and (c), may not be renewed.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for
dollar from non-federal funds.
All payments relating to the Agreement shall be mailed to the following address:
ct I =e County
n..bi.„ Safety & Communications
153". Midway Road
-or fierce, Florida 3494� �
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(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Division of Emergency Management", and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
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(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment 1) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section
112.061(14)(a), Fla. Stat. The provisions of any special or local law, present or future, shall prevail over
any conflicting provisions in this section, but only to the extent of the conflict.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INK)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
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of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
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material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
ST. LUCIE COUNTY
Bv:
Name and title:
Date:
FI D#
DUNS #
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
Bv:
Name and Title: Bryan Koon, Director
Date:
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EXHIBIT — 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: U.S. Department of Homeland Security / Federal Emergency Management Agency
Catalog of Federal Domestic Assistance title and number: Emergency Management Performance Grant #
97.042
Award amount: $ 94,683.00
FAIN #
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
Chapter 252, Florida Statutes
Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
44 CFR, Part 302
48 CFR, Part 31
2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform eligible activities as identified in the United States
Department of Homeland Security, Federal Emergency Management Agency, National
Preparedness Directorate, Fiscal Year 2015 Emergency Management Performance Grants
Program.
Recipient is subject to all administrative and financial requirements as set forth in this Agreement,
or will be in violation of the terms of the Agreement.
NOTE: 2 C.F.R. Part 200 and Section 215.97(5)(a), Florida Statutes, require that the information about
Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient.
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Attachment A
Program Budget
Funding from the Emergency Management Performance Grant is intended for use by the Recipient to
perform eligible activities as identified in the United States Department of Homeland Security, Federal
Emergency Management Agency, Fiscal Year 2015 Emergency Management Performance
Grants Program and programs that are consistent with Title 44, 2 C.F.R. Part 200, State Rule
Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes).
• The transfer of funds between the categories listed in the Program Budget is permitted.
• Below is a general budget which outlines eligible categories and their allocation under this award.
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Attachment B
Scope of Work
The Emergency Management Performance Grant (EMPG) funding agreement is provided to perform
eligible activities as identified in the Program Funding Opportunity Announcement (FOA). Eligible
activities are outlined below in the Categories and Eligible Activities. The intent of the EMPG Base Grant
Agreement is to provide each county with the means to successfully manage and operate an Emergency
Management Program by enhancing county emergency management plans and programs that are
consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule
Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes).
Counties must be able to prepare for, respond to, recover from, and mitigate against natural and
man-made disasters/ emergencies. Each Emergency Management staff person must work the
number of hours and assume the responsibilities for the duties in their official position
description as well as provide the coordination and support for all incidents within their
jurisdiction.
The minimum acceptable standard for payment is to maintain a 24-7 operation. This includes any
service related to the "Categories and Eligible Activities" listed below, as well as completing the
Program Goals (Attachment C). Items listed in Attachment C are to be reviewed during the mid-
year and end -of year progress report prepared in conjunction with the Division's Regional
Coordinator to ensure county compliance.
By signing this Agreement the Recipient certifies that it will use these funds to enhance the county's
Emergency Management Program.
Monitoring: Monitoring will be accomplished through desk -based review, on -site monitoring visits, or
both. Monitoring will involve the review and analysis of the financial, programmatic, performance,
compliance and administrative processes, policies, activities, and other attributes of each county and will
identify areas where technical assistance, corrective actions and other support may be needed.
Desk monitoring is the review of projects, financial activity and technical assistance between the Division
and the applicant via e-mail and telephone. On -Site Monitoring are actual visits to the recipient agencies
by a Division representative who examines records, procedures and equipment.
The Division may request additional monitoring/information if the activity, or lack thereof, generates
questions from the region, the sponsoring agency or Division leadership. The method of gathering this
information will be determined on a case -by -case basis.
Piggy -backing: The practice of procurement by one agency using the agreement of another agency is
called piggybacking. The existing contract must contain language or other legal authority authorizing third
parties to make purchases from the contract with the vendor's consent. The terms and conditions of the
new contract, including the scope of work, must be substantially the same as those of the existing
contract. The piggyback contract may not exceed the existing contract in the scope of volume of goods
or services. An agency may not use the preexisting contract merely as a "basis to begin negotiations" for
a broader or materially different contract.
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Federally funded projects must be competitively solicited offering open competition. Piggy -backing off
existing agreements is not allowed unless justified by additional quotes demonstrating cost benefit of
contract vendor. This includes the use of State Term Contracts (STC), State Alternate Contract Sources
(ACS), General Services Administration (GSA) contracts, and local agreements. Each award under this
grant is a 'new' project and must be competitively awarded. FDEM requires suspension and debarment
forms for each vendor and justification of vendor selection. FDEM must pre -approve all scopes of work
for projects funded under this agreement. FDEM may at its discretion require solicitation documents and
responses.
I. Categories and Eligible Activities
The 2015 Emergency Management Performance Grants (EMPG) Program Guidance allowable costs are
divided into the following categories: organizational, planning, training, exercise, equipment, and
management and administration.
A. Organization
The quarterly minimum acceptable standard is to have the qualified staffing level for the county based
upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management staff person
must be available to work the number of hours and assume the responsibilities for the duties in their
official position description as well as provide the coordination and support for all incidents within the
jurisdiction on a 24 hour basis.
Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. 5121-
5207, EMPG Program funds may be used for all -hazards emergency management operations, staffing,
and other day-to-day activities in support of emergency management.
Personnel costs including salary, overtime compensatory time off, and associated fringe benefits, are
allowable costs with FY 2015 EMPG Program funds. These costs must comply with 2 C.F.R. Part 200.
Personnel costs 27P-11.004, 27P-11.0061
(1) Counties with populations of 75,000 or more must have a full time emergency management
director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency
management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the
Governor by executive order or rule, are encouraged to have a full time director, but, must, as a
minimum, have an emergency management coordinator who works at least 20 hours a week in that
capacity. "Full-time Emergency Management Director" means a single professional emergency
management program Administrator working full-time as identified in the position description
established by the governing body of the jurisdiction.
(2) The county must have an emergency management program which has been approved by the
Division of Emergency Management. Program approval will require: compliance with appropriate
federal and state laws, rules and regulations; satisfactory completion of work elements of the previous
year; and, a current proposal containing work elements commensurate with the needs of that county
and a proposed budget. Eligible County Emergency Management Agencies in the state shall be
allocated annual Federal Emergency Management Agency (FEMA) Emergency Management
Performance Grant (EMPG) funding based on the following factors: an amount initially allocated to
the county under its Fiscal Year 1994-95 Emergency Management Assistance agreement with the
Division of Emergency Management (Division), a base amount distributed equally to each county and
an amount commensurate with each county's proportionate share of the state's total population
based on the most recent official population estimates. These amounts shall be increased or
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decreased to reflect additions or reductions in the availability of FEMA EMPG funds to the Division
and the Division's distribution of funds to local governments. After providing for the initial allocation
and the base amount allocation as described above, each county's increase or decrease shall be
commensurate with its proportionate share of the state's total population based on the most recent
official population estimates. Federal funds shall be used by the county for personnel, travel and
operational expenses. Each county must be able to provide a non-federal match for federal funds on
a dollar for dollar basis.
The Staffing Detail and Exercise Detail Form (Form 3) are due every quarter with your quarterly financial
report (for EMPG funded employees only). This is to identify all EMPG funded employees, the completion
of required training (or working towards completion) and the required amount of exercises during the
agreement period.
Eligible "Organization" items include, but are not limited to:
• Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite)
• Internet Service
• Maintenance Agreements for equipment or services (reimbursement can only be claimed for services
within the Agreement period)
• General Office Supplies
• Travel to/from meetings and conferences related to emergency management
• Travel to training and/or exercises related to emergency management
• Dues and Conference Travel as it relates to the Scope of Work
• Equipment (that does not require an AEL #)
• Software and upgrades
• Publications and Training Materials
• Postage
• Apparel for identification of Emergency Management Staff in the field
• Fuel for Emergency Management vehicles
• Food/Beverages for activations (must have Governor's Executive Order or a declared Local State of
Emergency or prior approval from DEM/DFS)
• Other Personal/Contractual Services
• Reimbursement for services by a person(s) who is not a regular or full time employee filling
established positions. This includes but is not limited to, temporary employees, student or
graduate assistants, fellowships, part time academic employment, board members, consultants,
and other services.
• Consultant Services require a pre -approved Contract or purchase order by the Division. Copies
of additional quotes should also be supplied when requesting pre -approval. These requests
should be sent to the Contract Manager for the Division for review.
Fixed Capital Outlay
• Major repairs to the County Emergency Operations Center
• Central Heat/Air
• Out buildings for storage of Emergency Management Equipment (Need prior EHP approval)
• Security Improvements (i.e. Cameras and equipment to operate)
• Generators and Installation (Need prior EHP approval)
B. Planning
Planning spans across the five National Preparedness Goal (the Goal) mission areas and provides a
baseline for determining potential threats and hazards, required capabilities, required resources, and
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establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the
whole community in the development of a strategic, operational, and/or community -based approach to
preparedness.
FY 2015 EMPG Program funds may be used to develop or enhance emergency management planning
activities. Eligible "Planning" activities include, but not limited to:
• Providing input for data collection in THIRA development
• Development of an all -hazards mitigation plan based on identified risks and hazards
Emergency Management/Operation Plans
• Maintain/enhance current local County Emergency Management Plan (CEMP)
• Modifying existing incident management and emergency operations plans
• Developing/enhancing large-scale and catastrophic event incident plans
Communications Plans
Developing and updating Statewide Communication Interoperability Plans
Developing and updating Tactical Interoperability Communications Plans
Continuity/Administrative Plans
• Developing/enhancing Continuity of Operation (COOP)/Continuity of Government (COG) plans
• Developing/enhancing financial and administrative procedures for use before, during, and after
disaster events in support of a comprehensive emergency management program
Whole Community engagement/planning
• Developing/enhancing emergency operations plans to integrate citizen/volunteer and other non-
governmental organization resources and participation
• Engaging the "Whole Community" in security and emergency management is critical to achieving the
NPG
• Public education and awareness on emergency management and preparedness
• Planning to foster public -private sector partnerships
• Development or enhancement of mutual aid agreements/compacts, including required membership in
EMAC
Resource management planning
• Developing/enhancing logistics and resource management plans
• Developing/enhancing volunteer and/or donations management plans
• Acquisition of critical emergency supplies defined as: shelf stable food products, Water, and/or basic
medical supplies. Acquisition of critical emergency supplies requires each State to have FEMA's
approval of a viable inventory management plan; an effective distribution strategy; sustainment costs
for such an effort; and logistics expertise to avoid situations where funds are wasted because
supplies are rendered ineffective due to lack of planning.
• Supply preparation
Evacuation planning
• Developing/enhancing evacuation plans, including plans for: alerts/warning, crisis communications,
pre -positioning of equipment for areas potentially impacted by mass evacuations sheltering, and re-
entry.
Pre -disaster and post -disaster Recovery planning
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Pre -event response/recovery/mitigation plans in coordination with State, local, and tribal governments
Developing/enhancing other response and recovery plans
Develop recovery plans and preparedness programs consistent with the principles and guidance in
the NDRF that will provide the foundation for recovery programs and whole -community partnerships.
Preparedness and pre -disaster planning was given special attention within the NDRF with specific
guidance: Planning for a Successful Disaster Recovery (pages 63-70). For more information on the
NDRF see http://www.fema.gov/pdflrecoveryframeworklndrf.pdf.
F/ERO Credentialing and Validation:
• Working group meetings and conferences relating to emergency responder credentialing and
validation
• Compiling data to enter into an emergency responder repository
• Coordinating with other State, local, territorial, and tribal partners to ensure interoperability among
existing and planned credentialing and validation systems and equipment
• Planning to incorporate emergency responder identity and credential validation into training and
exercises.
C. Training
The number of participants must be adequate for each training session. Unless the recipient receives
advance written approval from FDEM for the number of participants, the Division will reduce the amount
authorized for reimbursement or a pro-rata basis for or deny the entire reimbursement. A request must
be submitted and approved by DEM no later than 25 days prior to the training session.
FY 2015 EMPG Program funds may be used for a range of emergency management -related training
activities to enhance the capabilities of local emergency management personnel through the
establishment, support, conduct, and attendance of training. Training activities shall align to a current,
Multi -Year TEP developed through an annual TEPW. Training should foster the development of a
community oriented approach to emergency management that emphasizes engagement at the
community level, strengthens best practices, and provides a path toward building sustainable resilience.
To ensure the professional development of the emergency management workforce, the grantee must
continually assess the capabilities of staff through the implementation of the MYTEP.
Additional types of training include, but are not limited to, the following:
• Developing/enhancing systems to monitor training programs
• Conducting all hazards emergency management training
• Attending Emergency Management Institute (EMI) training or delivering EMI train -the -trainer courses
• Attending other FEMA-approved emergency management training
• Mass evacuation training at local, State, and tribal levels
Allowable training -related costs include the following:
• Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to administering the
training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and
equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well
as to identify any gaps in these skills. Any training or training gaps, including those for children and
individuals with disabilities or access and functional needs, should be identified in the AAR/IP and
addressed in the training cycle.
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Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling
personnel, which are the direct result of attendance at FEMA and/or approved training courses and
programs are allowable. These costs are allowed only to the extent the payment for such services is
in accordance with the policies of the State or unit(s) of local government and has the approval of the
State or the awarding agency, whichever is applicable. In no case is dual compensation allowable.
That is, an employee of a unit of government may not receive compensation from their unit or agency
of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even
though such work may benefit both activities.
Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees
who are on travel status for official business related to approved training.
Hiring of Full or Part -Time Staff or Contractors/Consultants. Full- or part-time staff may be hired to
support direct training -related activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the State or unit(s) of local government and have the approval of the
State or awarding agency, whichever is applicable.
Certification/Recertification of Instructors. Costs associated with the certification and re -certification of
instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance
Program to ensure a minimum level of competency and corresponding levels of evaluation of student
learning. This is particularly important for those courses which involve training of trainers.
EMPG Program funds used for training shall support the nationwide implementation of NIMS. The NIMS
Training Program establishes a national curriculum for NIMS and provides information on NIMS courses;
grantees are encouraged to place emphasis on the core competencies as defined in the NIMS Training
Program. The NIMS Training Program can be found at
http://www.fema.govlpdflemergencVlnimslnims traininq program.pdf.
The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing
standards. The NIMS Guidelines for Credentialing can be found at
http://www.fema.qov/pdf/emergency/nims/nims cred quidelines report.,o
D. Exercises
Exercises have essential capability for Emergency Management to be able to respond to emergencies
All EMPG Program funded personnel are REQUIRED to participate in no less than three exercises
in a 12 month period. One real world event can count towards meeting this requirement. (see
Attachment C, #2)
Allowable exercise -related costs include:
Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to
planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel,
and documentation. Grantees are encouraged to use free public space/locations/facilities, whenever
available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to
demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any exercise or
exercise gaps, including those for children and individuals with disabilities or access and functional
needs, should be identified in the AAR/IP and addressed in the exercise cycle.
Hiring of Full or Part -Time Staff or Contractors/Consultants. Full- or part — time staff may be hired to
support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with
the policies of the State or unit(s) of local government and have the approval of the State or the
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awarding agency, whichever is applicable. The services of contractors/consultants may also be
procured to support the design, development, conduct and evaluation of exercises.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling
personnel, which are the direct result of time spent on the design, development and conduct of
exercises are allowable expenses. These costs are allowed only to the extent the payment for such
services is in accordance with the policies of the State or unit(s) of local government and has the
approval of the State or the awarding agency, whichever is applicable. In no case is dual
compensation allowable. That is, an employee of a unit of government may not receive compensation
from their unit or agency of government AND from an award for a single period of time (e.g., 1:00
p.m. to 5:00 p.m.), even though such work may benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees
who are on travel status for official business related to the planning and conduct of the exercise
activities
• Supplies. Supplies are items that are expended or consumed during the course of the planning and
conduct of the exercise activities (e.g., gloves, non -sterile masks, and disposable protective
equipment)
• Implementation of HSEEP. This refers to costs related to developing and maintaining a self-
sustaining State HSEEP which is modeled after the national HSEEP
• Other Items. These costs are limited to items consumed in direct support of exercise activities such
as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the
procurement of other essential nondurable goods. Grantees are encouraged to use free public
space/locations, whenever available, prior to the rental of space/locations. Costs associated with
inclusive practices and the provision of reasonable accommodations and modifications that facilitate
full access for children and adults with disabilities.
Unauthorized exercise -related costs include:
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g.,
construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only
vehicle costs that are reimbursable are fuel/gasoline or mileage.
• Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise
conduct (e.g., electronic messaging signs)
• Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise
conduct
If food/water is a requirement for an event, a request must be submitted no later than 25 days prior to the
event. All requests must be approved prior to the event in the following format:
Exercise Title:
Location:
Exercise Date:
Exercise Schedule:
Estimated Number of Participants that will be fed:
Estimated Cost for food/water:
Description of the Exercise:
E. Equipment
Allowable equipment categories for the EMPG Program are listed on the web -based version of the
Authorized Equipment List (AEL) on the Responder Knowledge Base (RKB), which is sponsored by
FEMA at http://www.Ilis.dhs.govlknowledgebase. Unless otherwise stated, equipment must meet all
mandatory regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In
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addition, counties will be responsible for obtaining and maintaining all necessary certifications and
licenses for the requested equipment.
The select allowable equipment includes equipment from the following AEL categories:
• Information Technology (Category 4)
• Cyber-Security Enhancement Equipment (Category 5)
• Interoperable Communications Equipment (Category 6)
• Detection Equipment (Category 7)
• Power Equipment (Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category
11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment (Category 14)
• CBRNE Logistical Support Equipment (Category 19)
• Other Authorized Equipment (Category 21)
In addition, general purpose vehicles (such as sports utility vehicles) are allowed to be procured in order
to carry out the responsibilities of the EMPG Program. Written approval from the Director of the Division
must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In
the absence of such approval, the Division has no obligation to honor such reimbursement request. Any
trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income
and must be applied toward the Recipient's Emergency Management Performance Grant (EMPG) Base
Grant expenditures. If State agencies and/or local governments have questions concerning the eligibility
of equipment not specifically addressed in the AEL, they should contact their contract manager who will
coordinate with the FEMA Regional Program Analyst for clarification.
II. Management and Administration (M&A)
M&A is a function of the "Categories and Eligible Activities" (A-E) above. These activities are defined as
directly relating to the management and administration of EMPG Program funds, such as financial
management and monitoring. It should be noted that salaries of State and local emergency managers are
not typically categorized as M&A, unless the State or local EMA chooses to assign personnel to specific
M&A activities.
III. Environmental and Historic Preservation (EHP)
Recipients must comply with all applicable EHP laws, regulations, and Executive Orders (EOs) in order to
request FY 2015 EMPG Program grant funds. Any project with the potential to impact natural resources
or historic properties cannot be initiated until FEMA has completed the required FEMA EHP review.
Recipients that implement projects prior to receiving EHP approval from FEMA risk de -obligation of funds.
For these types of projects, Recipients must complete the FEMA EHP Screening Form (OMB Number
1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation to their Contract
Manager. Recipients should submit the FEMA EHP Screening Form for each project as soon as possible
upon receiving their grant award. The Screening Form must be submitted prior to funds being expended.
Refer to IBs 329, 345, and 356.
EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation
Policy Guidance, at http://www.fema.govlmedia-library/assetsldocumentsl85376.
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The following types of EMPG projects are to be submitted to FEMA for compliance review under EHP
laws and requirements prior to initiation of the project:
• Any involvement with the installation of equipment,
• Ground -disturbing activities,
• New construction (installation and renovation), including communication towers, or
modification/renovation of existing buildings or structures
• Proposed construction or renovation projects that are part of larger projects funded from a non-FEMA
source (such as an EOC that is part of a larger proposed public safety complex)
• Renovation of and modification to buildings and structures that are 50 years old or older
• Any other construction or renovation efforts that change or expand the footprint of a facility or
structure including security enhancements to improve perimeter security
• Physical Security Enhancements, including but not limited to:
• Lighting
• Fencing
• Closed-circuit television (CCTV) systems
• Motion detection systems
• Barriers, doors, gates and related security enhancements
• Field based training and exercises including activities that involve ground disturbance, use of
explosives, toxic agents or otherwise have the potential to cause impact to the environment or
historical resources. This is only a requirement if the exercise or field training is not being conducted
by a certified professional or at an existing facility with established procedures.
• Communication tower projects
The following activities do not require the submission of the FEMA EHP Screening Form: planning and
development of policies or processes; management and administration; classroom -based training; table
top exercises and functional exercises; and, acquisition of mobile and portable equipment (no
installation).
All recipients of financial assistance will comply with the requirements of the NEPA, as amended, 42
U.S.C. §4331 et seq., which establishes national policy goals and procedures to protect and enhance the
environment, including protection against natural disasters. To comply with NEPA for its grant -supported
activities, DHS requires the environmental aspects of construction grants (and certain non -construction
projects as specified by the component and awarding office) to be reviewed and evaluated before final
action on the application.
For more information on FEMA's EHP requirements, see Informational Bulletins below"
• Information Bulletin 329, Environmental Planning and Historic Preservation Requirements for Grants,
available at http://www.fema.gov/pdf/government/grant/bulletins/info329.pdf;
• Information Bulletin 345, Programmatic Environmental Assessment, available at
http://www.fema.gov/pdf/government/grant/bulletins/info345.pdf; and
• Information Bulletin 356, EHP Screening Form, available at
http://www.fema.gov/pdf/government/grant/bulletins/info356.pdf.
IV. Construction and Renovation
Construction and renovation activities for a local government's EOC as defined by the SAA are allowable
under the EMPG Program.
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Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction
or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by
an EOC Investment Justification (FEMA Form 089-0-0-3; OMB Control Number; 1660-0124
(http://www.fema.gov/pdf/government/grant12011/fy11_eoc inv.pdf) to their Grant Program Manager for
review. Additionally, grantees are required to submit a SF-424C Budget and Budget detail citing the
project costs.
When applying for funds to construct communication towers, grantees and sub -grantees must submit
evidence that the FCC's Section 106 review process has been completed and submit all documentation
resulting from that review to GPD prior to submitting materials for EHP review. Grantees and sub -
grantees are also encouraged to have completed as many steps as possible for a successful EHP review
in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to
identify potential historic preservation issues and to discuss the potential for project effects, compliance
with all State and EHP laws and requirements). Projects for which the grantee believes an Environmental
Assessment (EA) may be needed, as defined in 44 CFR 10.8 and 10.9, must also be identified to the
FEMA Program Analyst within six months of the award and completed EHP review materials must be
submitted no later than 12 months before the end of the period of performance. EHP review packets
should be sent to gPdehpinfo(Vema.gov.
EMPG Program grantees using funds for construction projects must comply with the Davis -Bacon Act (40
U.S.C. 3141 et seq.). Grant recipients must ensure that their contractors or subcontractors for
construction projects pay workers employed directly at the work -site no less than the prevailing wages
and fringe benefits paid on projects of a similar character. Additional information, including Department of
Labor (DOL) wage determinations, is available from the following website:
http://Www.dol.,qovlcompliancellawslcomp-dbra.htm.
V. Maintenance and Sustainment
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement
costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise
noted.
EMPG Program grant funds are intended to support the Goal and fund activities and projects that build
and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and
recover from those threats that pose the greatest risk to the security of the Nation. In order to provide
grantees the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State
Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the
expansion of eligible maintenance and sustainment costs which must be in 1) direct support of existing
capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be
tied to one of the core capabilities in the five mission areas contained within the National preparedness
Goal, and (4) shareable through the Emergency Management Assistance Compact. Additionally, eligible
costs must also be in support of equipment, training, and critical resources that have previously been
purchased with either Federal grant or any other source of funding other than DHS/FEMA preparedness
grant program dollars.
Unallowable Costs
• Expenditures for weapons systems and ammunition
• Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public
safety duties or to supplant traditional public safety positions and responsibilities
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• Activities unrelated to the completion and implementation of the EMPG Program
In general, recipients should consult with their contact manager; who will coordinate with the FEMA
Regional Program Analyst prior to making any Investment that does not clearly meet the allowable
expense criteria established in this Guidance.
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Attachment C
Program Goals
The County is to achieve the following emergency management Program Goals throughout the contract
period to ensure county compliance and coordination with the state emergency management.
Items listed below are to be reviewed during the mid -year and end -of year progress report prepared in
conjunction with the Division's Regional Coordinator to ensure county compliance.
1. COORDINATION AND COLLABORATION - Utilizing the elements below, county emergency
management agencies will have an ongoing process that provides for coordinated and
collaborated input in the preparation, implementation, evaluation and revision of emergency
management programs.
• Attend the Regional Training and Exercise Planning (TEP) Workshop and provide an agenda
or a copy of the certificate to show participation during this contract period (July 1, 2015 —
June 30, 2016)
2. TRAINING AND EXERCISE - To ensure that each county emergency management agency is in
compliance with EMPG Guidance, each EMPG funded position during this contract period (July
1, 2015 — June 30, 2016) MUST provide the following items. This shall be uploaded to the
Division's Sharepoint portal, https://portal.floridadisaster.orq
• At least one County Emergency Management employee should participate in no less than
three (3) exercises within the 12 month Agreement period
• Submit an After Action Report (AAR) for each exercise conducted by the Recipient and/or
provide sufficient exercise documentation (i.e., sign in sheet, certificate, etc.) for participation
in each exercise not conducted by the Recipient
3. National Incident Management System (NIMS) - The Recipient will be required to complete a
NIMS survey and provide the NIMS implementation status of your jurisdiction no later than
December 1st. This survey, upon receipt, is designed to provide a self -assessment instrument
to evaluate and report on your jurisdiction's implementation of the National Incident Management
System (NIMS).
4. Multi -Year Training and Exercise Plan (MYTEP) —Recipient is required to develop a MYTEP
that identifies combination of exercises, along with associated trainings requirements, that
addresses the priorities identified in the State TEPW. The county TEP will be included in the
state submission of the MYTEP. Develop and submit no later than June 1st
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Attachment D
Deliverables
Emergency Management Performance Grants Program Guidance, FY2015 allowable costs are divided
into the following categories: organizational, planning, training, exercise, equipment, and
management and administration.
A. Organization Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for actual
eligible costs associated with staffing, and other day-to-day activities (listed in SOW, under "Eligible
Items for Expenses") in support of emergency management. Personnel costs, including salary, overtime,
compensatory time off, and associated fringe benefits, are allowable costs.
To maintain a minimum level of capability, submit current EMAP accreditation certification OR certificates
for the following training via SharePoint for each emergency management position.
• IS 100 — Introduction to Incident Command System
• IS 200 — ICS for Single Resources and Initial Action Incidents
• IS 700 — National Incident Management Systems (NIMS)
• IS 800 — National Response Framework
B. Planning Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for actual
cost of successfully completing planning activities consistent with guidelines contained in the 2015 EMPG
FOA. Program funds may be used to develop or enhance emergency management planning activities.
Only the approved planning activities outlined below are eligible for reimbursement, however, any other
planning activities MUST have prior approval from DEM to be eligible under this agreement. Approved
planning activities include: provide input for data collection in THIRA development; Development of an all -
hazards mitigation plan based on identified risks and hazards; Emergency Management/Operation Plans;
Communications Plans; Continuity/Administrative Plans; Whole Community engagement/planning:
Resource management planning; Evacuation planning; Pre -disaster and post -disaster Recovery planning:
F/ERO Credentialing and Validation; and MYTEP.
C. Training Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for all
actual cost of successfully completing training activities consistent with guidelines contained in the 2015
EMPG FOA. Only the approved training venues outlined below are eligible for reimbursement, however,
any other training venues MUST have prior approval from DEM to be eligible under this agreement.
Approved training venues are: Florida Governor's Hurricane Conference; National Hurricane Conference;
Florida Emergency Preparedness Association Annual Meeting; Florida Emergency Preparedness
Association Mid Year Work Session; and Professional Development Conferences.
D. Exercises Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for the
actual cost of successfully completing exercise activities consistent with guidelines contained in the 2015
EMPG FOA. Only exercises outlined in the County MYTEP are eligible for reimbursement; any other
exercise MUST have prior approval from DEM to be eligible under this agreement.
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E. Equipment Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for actual
cost of purchasing an item identified on the Authorized Equipment List (AEL) list from the selected
categories below. Allowable equipment categories for the EMPG Program are listed on the web -based
version of the AEL on the Responder Knowledge Base (RKB), which is sponsored by FEMA at
http://www.Ilis.dhs.,qovlknowledpebase. Unless otherwise stated, equipment must meet all mandatory,
regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In addition,
counties will be responsible for obtaining and maintaining all necessary certifications and licenses for the
requested equipment.
Financial Consequence
To receive reimbursement for performance of each category, the Recipient's activities must be
completed within the agreement period and in accordance with the Budget and Scope of Work,
Attachment A and B of the Agreement. In the event that the Recipient does NOT complete the
activities, the Division will withhold 5% of the amount requested in the Quarterly Financial Report
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Attachment E
Reports
A. Recipient shall provide the Division with quarterly financial reports, mid -year and end -of -year
summary progress reports prepared in conjunction with the Division's Regional Coordinator, and
a final close-out report. Reporting Forms are located in Attachment K and can be found on the
Division internet site.
B. The Recipient shall provide the Division with full support documentation (per information
bulletin # 341) for the quarterly financial reports. To eliminate large files and mailings, the
Division will accept back up documentation on a CD if desired by the Recipient.
(Backup Documentation should reflect the amount requested on the Expenses Detail of Claims
form.)
• Organizational Activities: Includes salaries and expenses (depending upon eligibility).
Supply copies of timesheets (if applicable) documenting hours worked and proof employee
was paid (i.e., earning statements/payroll registries). Expense items need to have copies of
invoices/receipts and canceled checks (or general ledger) for proof of payment. All
documentation for reimbursement MUST include exact amounts and MUST be clearly visible
and defined (i.e., highlighted, underlined, circled &/or individually identified on a
spreadsheet).
• Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks (or general
ledger) for proof of payment. May also request copies of planning materials and work
products (i.e., meeting documents, copies of completed plans (if submission of plans is for
the Division then only need to provide date of submission and who submitted plan/product
to), etc.). Any costs for planning activities provided by in-house staff MUST be reported
under "Organizational Activities".
• Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks (or general
ledger) for proof of payment and a copy of the agenda and sign in rosters. May also request
any training materials provided.
• Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks (or general
ledger) for proof of payment and a copy of the agenda and sign in rosters. May also request
any training materials provided.
• Equipment Acquisition Costs: Copies of Invoices/receipts and canceled checks (or general
ledger) for proof of payment. AEL# for each purchase (if applicable).
• Management and Administrative Costs: Supply copies of timesheets documenting hours
worked and proof employee was paid (i.e., earning statements/payroll registries).
• For travel and conferences related to EMPG activities, copies of all receipts must be
submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.)
Receipts must be itemized and match the dates of travel/conference. If conference, a copy of
the agenda must be provided. Proof of payment is also required for all travel and
conferences.
• If cancelled checks are NOT available, copies of the general ledger MUST be provided.
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C. Quarterly financial reports are due to the Division no later than thirty days after the end of each
quarter of the program year; and shall continue to be submitted each quarter until submission of
the final close-out report. The ending dates for each quarter of this program year are September
30, December 31, March 31 and June 30.
D. The Staffing Detail and Exercise Detail Form (Form 3) is due with your quarterly financial
report each quarter. This form identifies EMPG funded employees, the required training
completed (or working towards completion), and the required amount of exercises during
the agreement period.
E. The final close-out report is due sixty days after termination of this Agreement.
F. If all required reports prescribed above are not provided to the Division or are not completed in a
manner acceptable to the Division, the Division shall withhold further payments until they are
completed or may take such other action as set forth in Paragraphs (10), (11) and (12) of this
Agreement. "Acceptable to the Division" means that the work product was completed in
accordance with generally accepted principles, guidelines and applicable law, and is consistent
with the Scope of Work.
G. Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the
Division's Regional Coordinator and submitted to the contract manager.
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Attachment F
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register8034
2) 31 U.S.C. §1352
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR Part 42, Subparts C,D,E, and G
13) 28 CFR applicable to grants and cooperative agreements
14) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
15) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
16) Title VI of the Civil Rights Act of 1964, as amended;
17) Section 504 of the Rehabilitation Act of 1973, as amended;
18) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
19) Title IX of the Education Amendments of 1972;
20) Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations,
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
22) Chapter 252, Florida Statutes
23) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
24) 44 CFR, Part 302
25) 48 CFR, Part 31
26) 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
27) To the extent that 2 C.F.R. Part 200 supersedes any provision outlined above, 2 C.F.R. Part 200
shall apply
Special Conditions
1. The Recipient shall comply with the most recent version of the Administrative Requirements, Cost
Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to
Department of Homeland Security grants are listed below:
A. Administrative Requirements
44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
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8.L.3.a
B. Cost Principles
• 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations
C. Audit Requirements
• 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of FEMA.
The recipient agrees that all allocations and uses of funds under this grant will be in accordance
with the FY 2015 Emergency Management Performance Grants Funding Opportunity
Announcement.
4. The recipient shall not undertake any project having the potential to impact Environmental or
Historical Preservation (EHP) resources without the prior approval of FEMA, including but not
limited to communications towers, physical security enhancements involving ground disturbance,
new construction, and modifications to buildings, structures and objects that are 50 years old or
older, and purchase and use of sonar equipment. Recipient must comply with all conditions
placed on the project as the result of the EHP review. Any change to the approved project scope
of work will require re-evaluation for compliance with these EHP requirements. If ground
disturbing activities occur during project implementation, the recipient must ensure monitoring of
ground disturbance, and if any potential archeological resources are discovered, the recipient will
immediately cease construction in that area and notify FEMA and the appropriate State Historic
Preservation Office. Any construction activities that have been initiated without the necessary
EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA
funding.
31
Packet Pg. 241
8.L.3.a
Attachment G
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff, award benefits to clients, duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
20_-20_ Anticipated Expenditures for First Three Months of
(list applicable line items)
Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for
the cash advance. The justification must include supporting documentation that clearly shows the advance
will be expended within the first ninety (90) days of the contract term. Support documentation should
include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division
reasonable and necessary support that the advance will be expended within the first ninety (90) days of the
contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be
returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty
(30) days of receipt, along with any interest earned on the advance)
32
Packet Pg. 242
8.L.3.a
Attachment H
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
33
Packet Pg. 243
8.L.3.a
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from g.t>O A'm- SOM M��[l.�u..— A'(` Aa1-10
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
34
Packet Pg. 244
8.L.3.a
Attachment I
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
DEM Contract Number
Project Number
35
Packet Pg. 245
8.L.3.a
Attachment J
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative
Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the
application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant
assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P. L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally -assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
36
Packet Pg. 246
8.L.3.a
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P. L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
37
Packet Pg. 247
Attachment K
Reporting Forms
8.L.3.a
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT
Quarterly Financial Report (Form 1):
1. These reports must be completed in full on a quarterly basis and be submitted no later than 30 days after the end of each quarter.
QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT CLAIMING ANY
EXPENDITURES.
Quarterly Financial Report (Form 1) and Detail of Claims (Form 2):
1. These forms are to be submitted quarterly. Complete Quarterly Financial Report by entering all information needed for reimbursement.
2. The Detail of Claims form must accompany the Quarterly Financial Report.
3. The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority.
4. Claims are to be submitted to the following address:
DIVISION OF EMERGENCY MANAGEMENT
2555 SHUMARD OAK BOULEVARD
TALLAHASSEE, FLORIDA 32399-2100
Attn: (Contract Manager's name)
Staffing Detail and Exercise Detail - (Form 3):
1. The Staffing Detail and Exercise Detail Form is due every quarter with your quarterly financial report. This is to identify all EMPG funded
employees, the required training completed by those employees and the required amount of exercises that the EMPG funded employee has to
participate in each quarter.
2015 EMPG - FUNDING OPPORTUNITY ANNOUNCEMENT (FOA)
2. All EMPG funded personnel shall participate in three exercises of any type (e.g. Drills, Tabletop Exercises, Functional), within a 12-month period.
Please note that response to any real -world events within a 12-month period may fulfill a single, quarterly exercise requirement.
3. Target Training and Verify Capability of Personnel. Training activities supported with EMPG Program funds should strategically align to the NPG
core capabilities identified in the Multi -Year TEP. To ensure the development of a professional emergency management workforce all EMPG
Program funded personnel shall complete the following training requirements and record proof of completion.
NIMS Training: IS 100; IS 200; IS 700, and IS 800. Previous versions of the IS courses meet the NIMS training requirement. A complete list of
Independent Study Program Courses may be found at http://training.fema.gov/is.
Close Out Report - (Form 4):
1. Close Out Reports are due forty-five (45) days after the contract end date.
2. The agreement cannot be considered closed until the Close Out Report has been received.
Documentation of project expenditures:
1. Grantees must maintain documentation of expenditures for a minimum period of five years following the close of project/program operations
unless audits require a longer period of time.
2. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the grantee
during the grant period. Documentation of expenditures against the program will be reviewed and verified upon receipt by DEM staff. Acceptable
documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, payroll vouchers, journal transfers, etc.
These documents should be submitted when requesting reimbursement.
3. In order to document hours worked on the program by permanent or temporary staff, the grantee may use its own time and attendance forms. A
Staffing Detail Worksheet is also required to identify positions being funded by the agreement.
4. All claims for reimbursement of expenditures must be submitted on the approved DEM Quarterly Financial Reporting forms. Claims not submitted
on the proper form cannot be processed and will be returned for corrections. Forms must be submitted with original signatures.
IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY, PLEASE FIND THEM ON OUR WEBSITE AT
http://www.floridadisaster.org/grants/index.htm OR NOTIFY YOUR CONTRACT MANAGER
Packet Pg. 248
GRANTEE:
County Name:
Address:
Point of Contact:
Telephone #:
AGREEMENT#
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT
QUARTERLY FINANCIAL REPORT
FORM 1
Claim #
(Select the quarter of submission)
QUARTERLY REPORTING DUE DATES
July 1 — September 30 — Due no later than October 31
October 1 — December 31 - Due no later than January 31
January 1 — March 31 — Due no later than April 30
April 1 - June 30 — Due no later than July 31
THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY
CUMULATIVE
TOTAL ALLOCATED
CURRENT CLAIM
REMAINING BALANCE
1. Organizational Costs
2. Planning Costs
3. Training Costs
4. Exercise Costs
5. Equipment Costs
6. Management and Administration Costs
(limited to 5% of the total award)
TOTAL
$0.00
$0.00
TOTAL AMOUNT TO BE PAID ON THIS INVOICE
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed
Grantee Contract Manager or Financial Officer
Date
QUARTERLY STATUS REPORT
This information below is required EACH QUARTER. This information MUST be clearly linked
to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK.
Report event, progress, delays, etc., that pertain to this project (i.e., incidents, activities, meetings, reporting training and /or exercises)
(Attach additional page(s) if needed.)
THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT I
Total EMPG (Federal) Amount
Prior Pavments
This Payment
Unexpended Funds
Packet Pg. 249
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8.L.3.a
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT
CLOSE-OUT REPORT
FORM 4
This form should be completed and submitted to the Division no later than forty-five (45) days after the termination date of
the Agreement.
Grantee
Address
City and State
Cost Categories
y Category - I otal Gontract
Expenditures
1. Organizational Activities
2. Planning Activities
3. Training Costs
4. Exercise Costs
5. Equipment Acquisition Costs
6. Management and
Administration Costs
Total
$0.00
Total
Agreement No.
Agreement Amount
Agreement Period
Payments Received Under this Agreement
(Include any advanced funds and final requested payment)
Date Amount
1
2
3
4
5
6
7 $0.00
Agreement Amount
Minus Total Payments
(Including final requested funds — Line 7)
Unspent balance
'ederal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-federal funds. NOTE: If the
(mount entered below is NOT EMPA, provide appropriate back-u /su ortin documentation.
MATCH I EMPA LOCAL OTHER NON-FEDERAL
Refund and/or final interest checks are due no later than ninety (90) days after the expiration of the Agreement.
Make checks payable to:
Cashier, Division of Emergency Management
I hereby certify that the above costs are true and valid costs incurred in
accordance with this Agreement.
Mail To:
Division of Emergency Management Signed
2555 Shumard Oak Boulevard Grantee Contract Manager or Financial Officer
Tallahassee, Florida 32399-2100
Attn: (contract manager) Date
Packet Pg. 253
RESOLUTION
8.L.3.b
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available
from the Department of Homeland Security through the Florida Division of Emergency Management as a
Federally Funded Sub -grant Agreement, in the amount of $94,683. The funding from the Emergency
Management Performance Grant (EMPG) is intended to enhance County's Emergency Management Plans
and Programs that are consistent with the State Comprehensive Emergency Management Plan and
Program (SCEMPP).
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 21st day of July, 2015, pursuant to Section 129.06 (d), Florida Statutes
that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby
amended as follows:
REVENUE
001570-2510-331233-200 Dept of Homeland Security $94,683
APPROPRIATIONS
001570-2510-541000-200 Communications $41,000
001570-2510-543000-200 Utilities $41,000
001570-2510-546000-200 Equipment Maintenance $12,683
After motion and second the vote on this resolution was as follows:
Commissioner Paula A. Lewis, Chair
XXX
Commissioner Kim Johnson, Vice Chair
XXX
Commissioner Chris Dzadovsky
XXX
Commissioner Frannie Hutchinson
XXX
Commissioner Tod Mowery
XXX
PASSED AND DULY ADOPTED THIS 21ST DAY OF JULY 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Packet Pg. 254
8.M.1
ITEM NO. (ID # 2958)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Ron Harris, County Surveyor
Engineering
DATE
07/21/2015
*CONSENT AGENDA\PUBLIC
WORKS
Greater Friendship Missionary Baptist Church, Inc. — Conditional
Acceptance
Greater Friendship Missionary Baptist Church, Inc., developer of the Greater Friendship Missionary Baptist
Church, is located on the east side of South 33rd Street and extends from Atlantic Avenue to Boston
Avenue. Their site plan was approved by the Fort Pierce City Commission on August 19, 2013. Pursuant to
the approved site plan, the developer is required to construct a five-foot concrete sidewalk along the east
right-of-way of South 33rd Street.
The developer's engineer submitted a certification package on June 3, 2015 (attached). County staff
reviewed the final certification documents and determined that it was preliminarily acceptable. County
staff then performed a site inspection on June 4, 2015. A punch list of necessary modifications was
forwarded to the developer's engineer on June 5, 2015.
The developer's contractor has successfully completed all of the punch list items. County staff re-
inspected the project on June 30, 2015 and determined that the constructed improvements were
acceptable. The developer has executed the Maintenance Agreement (attached).
PREVIOUS ACTION:
July 16, 2014 - County Administrator approved the Road Improvement Agreement.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board approval for the conditional acceptance of the off -site improvements and
Maintenance Agreement, release surety in the amount of $8,650.88 (retain $1,526.62 for maintenance)
and authorization for the Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 255
8.M.1
Coordination/Signatures
�— —
Con We t, Public Works Director 015
aanWiieYS. MAcIntyreanie 5. McIntyre, C my ttorney 7/6/2015
Updated: 7/14/2015 3:34 PM by Kelly Phelan Page 2
Packet Pg. 256
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May 28, 2015
Ron Harris, PLS
St. Lucie County Eng.
2300 Virginia Ave
Fort Pierce, FL 34982
RE : Greater Friendship Missionary Baptist Church, 300 S. 33rd St.
Certification Letter for Sidewalk Improvements Along 33rd St.
Dear Mr. Harris:
This letter is to certify that sidewalk and curb along 33rd Street have been constructed in
accordance to the approved construction plans. Density test reports have passed all tests.
As -built elevations are in accordance to designed plans. ADA requirements regarding
detectable warning devices and traffic signs have been installed.
To the best of my knowledge and expertise, I hereby certify that this project was built
according to the designed plans. Enclosed you will find a signed and sealed set of As -
Built and copies of the density test results. Should you have any questions or _require any
additional information, please contact me at your convenience .
Sincerely
Abraham Abraham C:habab , P.E.
FL Lic# 47165
cc: Pastor Edward, GFMB
772-878-6079 772-476-6630 Fax 772-785-8291
Email: agohababi ®msn.com
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MAINTENANCE AGREEMENT C1.
THIS AGREEMENT made and entered into this 21 st day of July 2015, by and between
GREATER FRIENDSHIP MISSIONARY BAPTIST CHURCH, INC (the "Developer") and
ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the
"County").
WITNESSETH:
WHEREAS, the Developer has completed the construction of the roadway and drainage
improvements (the "Improvements") and desires to convey ownership and maintenance
responsibility to the County; and
WHEREAS, as a condition for the acceptance of the Improvements by the County, the
Developer has agreed to post security in a form acceptable to the County Attorney in the amount
of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1)
year and thirty (30) days from the date of conditional acceptance of the Improvements by the
County.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the parties agree as follows:
1. SECURITY. The Developer agrees to provide the County with security in a form
acceptable to the County Attorney, in the amount of One thousand Five hundred and Twenty -six
dollars and sixty-two cents ($1,526.62), representing fifteen percent (15%) of the cost of the
Improvements as submitted by the Developer's engineer and approved by the County Engineer
and as are more particularly set forth on those certain plans for construction improvements drawn
by the Developer's engineers, Abraham Chabab, Inc. dated July 11, 2014. This amount shall be
retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance
as described below to provide for maintenance of the Improvements to be dedicated to the public
and to indemnify and save the County harmless from any and all costs necessary to repair or
replace any part or portion of the Improvements occasioned by faulty engineering, workmanship,
or materials.
2. SUPERVISION OF CONSTRUCTION. The Improvements shall be
constructed under the supervision of the Developer's engineer in full compliance with the
specifications and requirements of St. Lucie County, and when complete, Developer's engineer
shall furnish the County Engineer with a certificate of satisfactory completion for approval.
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3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the
Improvements, the Developer's engineer shall certify that the Improvements have been
constructed in accordance with applicable County requirements. When the improvements have
been certified by the Developer's engineer, the County Engineer shall inspect the improvements
and review the construction and supporting test/control data furnished by the Developer's
engineer. If all required improvements are completed to the satisfaction of the County Engineer,
the County Engineer shall confirm this in writing to the St. Lucie County Board of County
Commissioners and recommend that the Improvements be conditionally accepted.
4. RELEASE OF SECURITY. One year from the date the Improvements are
conditionally accepted by the Board of County Commissioners, the Developer shall contact the
County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear,
the Developer shall correct all deficiencies in an approved manner, except those damages that
are not a result of design or construction deficiencies. If the required corrective action cannot be
completed by the one year and 30 day expiration date, the County may so notice the Developer
that the required security will not be released until all necessary corrective actions have been
completed and approved by the County. When all corrections have been made, the County
Engineer shall so inform the Board. The Board of County Commissioners shall then act on
release of remaining development security, and final acceptance of the Improvements.
5. INTERPRETATION; VENUE. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter hereof and supersedes all prior
verbal or written agreements between the parties with respect thereto. This Agreement may
only be amended by written document, properly authorized, executed and delivered by both
parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for
convenience only. All interpretations shall be governed by the laws of the State of Florida. In
the event it is necessary for either party to initiate legal action regarding this Agreement, venue
shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state
law and the Southern District of Florida for any claims which are justiciable in federal court.
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(THE NEXT PAGE IS THE SIGNATURE PAGE)
IN WITNESS WHEREOF, the parties have caused this agreement to be made and
entered into the day and year first written.
WITNESSES:
:`
PRINT: Rubin Johnson
TITLE: Finance Chairman
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIR
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
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ITEM NO. RES-2015-118
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
BACKGROUND:
Barbara Guettler, MSBU Project Manager
MSBU Program
DATE: 07/21/2015
*CONSENT AGENDA\PUBLIC
WORKS
Street Lighting Special Assessment Districts - Annual Assessment
Resolution
St. Lucie County has 19 Street Lighting districts which are funded by non -ad valorem special assessments.
The amount of each special assessment is determined by dividing the estimated cost of providing the
service for the following year by the number of parcels which derive a direct benefit from the
improvements.
Pursuant to Article V Section 40 of the County Code of Ordinances, the Board of County Commissioners is
required to adopt an Annual Assessment Resolution approving the non -ad valorem assessment roll for
each fiscal year for each of the respective districts and to direct certification of the same to the Tax
Collector for collection of the assessments. The attached resolution satisfies this requirement for 16 of the
Street Lighting Districts. The other three were approved by separate resolutions in June 2015.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board adoption of the Annual Assessment Resolution for the Street Lighting Special
Assessment Districts.
[its]►AI►AIRVIUGP►I_Ts"[QL3
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Coordination/Signatures
Con West, Public Works Director 71/2015
Danie 5. McIntyre, Cgifinty ttorney 7/2/2015
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aula A. Lewis, District No. 3, Chair 7/21/2015
Updated: 7/14/2015 3:15 PM by Kelly Phelan Page 2
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RESOLUTION
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
APPROVING THE FISCAL YEAR 2015-2016 NON -AD
VALOREM ASSESSMENT ROLLS FOR THE BLAKELY,
HARMONY HEIGHTS 1, HARMONY HEIGHTS 2,
HOLIDAY PINES, INDIAN RIVER ESTATES, KINGS
HWY, PALM LAKE GARDENS, PARADISE PARK, PINE
HOLLOW, QUEENS COVE, RIVER PARK 1, RIVER PARK
2, SHERATON PLAZA, SOUTHERN OAKS, SUNLAND
GARDENS, AND SUNRISE PARK, STREET LIGHTING
DISTRICTS; DIRECTING CERTIFICATION OF THE
ASSESSMENT ROLLS TO THE ST. LUCIE COUNTY TAX
COLLECTOR; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This resolution of the Board of County
Commissioners (the 'Board") of St. Lucie County, Florida (the "County") is adopted
pursuant to Article V Section 40-137 of the County Code of Ordinances, Chapter 197,
Florida Statutes, and other applicable provisions of law.
SECTION 2. DEFINITIONS. This Resolution is the Annual Assessment
Resolution for the Blakely, Harmony Heights 1, Harmony Heights 2, Holiday Pines,
Indian River Estates, Kings Hwy, Palm Lake Gardens, Paradise Park, Pine Hollow,
Queens Cove, River Park 1, River Park 2, Sheraton Plaza, Southern Oaks, Sunland
Gardens, and Sunrise Park, Street Lighting Districts for the Fiscal Year commencing
October 1, 2015. All Capitalized Terms in This Resolution shall have the meanings set
forth in Article V Section 40-130 of the County Code of Ordinances.
SECTION 3. FINDINGS. It is hereby ascertained, determined and
declared as follows:
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(A) The Board has previously imposed Assessments upon real property located
within the Blakely, Harmony Heights 1, Harmony Heights 2, Holiday Pines, Indian River
Estates, Kings Hwy, Palm Lake Gardens, Paradise Park, Pine Hollow, Queens Cove,
River Park 1, River Park 2, Sheraton Plaza, Southern Oaks, Sunland Gardens, and Sunrise
Park, Street Lighting Districts to fund the cost of providing Street Lighting Services
providing a special benefit to the real property located within such Districts.
(B) Pursuant to Article V Section 40-137 of the County Code of Ordinances, the
Board is required to adopt an Annual Assessment Resolution approving the non -ad
valorem assessment roll for each Fiscal Year for each of the respective Districts.
(C) The Board wishes to hereby confirm and approve the non ad -valorem
assessment rolls for Blakely, Harmony Heights 1, Harmony Heights 2, Holiday Pines,
Indian River Estates, Kings Hwy, Palm Lake Gardens, Paradise Park, Pine Hollow,
Queens Cove, River Park 1, River Park 2, Sheraton Plaza, Southern Oaks, Sunland
Gardens, and Sunrise Park, Street Lighting Districts previously approved by Resolution
Nos. 10-175, 10-164, 10-165, 10-174, 10-184, 10-185, 10-182, 10-182, 10-181, 00-85, 10-176,
10-178, 10-179, 10-180, 10-186, 10-163, and 10-166, respectively, and to direct certification
of same to the Tax Collector for collection of the Assessments in November, 2015.
(D) The Assessments are imposed by the Board, not the Property Appraiser or
Tax Collector. Any activity of the Property Appraiser or Tax Collector under the
provisions of this Resolution shall be construed solely as ministerial.
SECTION 4. APPROVAL AND CERTIFICATION OF ASSESSMENT
ROLLS.
(A) The Fiscal Year 2015-2016 non -ad valorem assessment rolls for the Blakely,
Harmony Heights 1, Harmony Heights 2, Holiday Pines, Indian River Estates, Kings
Hwy, Palm Lake Gardens, Paradise Park, Pine Hollow, Queens Cove, River Park 1, River
Park 2, Sheraton Plaza, Southern Oaks, Sunland Gardens, and Sunrise Park Street
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Lighting Districts, all of which are on file with the Assessment Coordinator and
incorporated herein by reference, are hereby confirmed and approved.
(B) The Assessment Coordinator or authorized agent is hereby authorized and
directed to certify the foregoing assessment rolls to the Tax Collector prior to September
15, 2015. The assessment rolls as delivered to the Tax Collector shall be accompanied by
a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached
hereto as Appendix A.
SECTION 5. SEVERABILITY. If any clause, section, or other part of this
resolution shall be held by any court of competent jurisdiction unconstitutional or
invalid, such unconstitutional or invalid part shall be considered as eliminated and in no
way affects the validity of the other provisions in this resolution.
SECTION 6. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this 21st day of July, 2015.
(SEAL)
ATTEST:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA
By:
Chair
Approved as to Form:
County Attorney
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APPENDIX A - FORM OF
CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that I am the Chairman of the Board of County
Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County,
Florida (the "County"); as such I have satisfied myself that all property included or
includable on the Non -Ad Valorem Assessment Roll for such county is properly
assessed so far as I have been able to ascertain; and that all required extensions on the
above described roll to show the non -ad valorem assessments attributable to the
property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment
Collection Act, this certificate and the herein described Non -Ad Valorem Assessment
Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2015.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same
to be delivered to the St. Lucie County Tax Collector and made part of the above
described Non -Ad Valorem Assessment Roll this day of 2015.
ST. LUCIE COUNTY, FLORIDA
Authorized Agent
FEW
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8.M.3
ITEM NO. RES-2015-119
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COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Don West, Public Works Director
Public Works
DATE: 07/21/2015
*CONSENT AGENDA\PUBLIC
WORKS
Budget Resolution - Paradise Park System 4 - Phase 5 Stormwater Retrofit
The Public Works Department has been awarded a grant from the Florida Department of Environmental
Protection (Agreement G0820) in the amount of $304,448.48 for Paradise Park System 4 / Phase 5
Stormwater Retrofit.
The project improvements will include drainage swales along the subdivision streets for pre-treatment
and conveyance to stormwater detention and treatment facilities, stormwater runoff treatment facilities
will include dry detention ponds and control structures for discharge of treated runoff to the C-25 and Ft.
Pierce Canals. The proposed stormwater conveyances and treatment areas will dramatically reduce
outfall of fresh water and stormwater pollutants from Paradise Park into the Indian River Lagoon.
Phase 1 of this project was completed in May 2007, Phase 2 in June 2010, and Phase 3 in April 2013. This
current grant allocation of $304,448.48 will assist with expenses associated with construction of the
stormwater conveyance and treatment systems in Phase 5.
No grant match is required; therefore, the total grant related project cost for Phase 5 of the Paradise Park
retrofit is $304,448.48.
PREVIOUS ACTION:
April 23, 2014 - Administrative approval to submit a grant application to the Florida Department of
Environmental Protection.
FINANCIAL IMPACT:
A budget needs to be established to expend these funds as they were not included in the adopted FY15
budget. Funds will be deposited into the Paradise Park System 4 — Phase 5 Stormwater Grant (102115-
3725-331390-103608). No matching funds are required.
RECOMMENDATION:
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Staff recommends Board approval of Budget Resolution and authorization for the Chair to sign documents
as approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
Con West, Public Works Director i /2015
Heather Young, Asst. County Attorney 7/9/2015
aula A. 2LeisDistrct No. 404
Updated: 7/13/2015 12:01 PM by Kelly Phelan Page 2
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RESOLUTION
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available
from the St. of FL Dept. of Environmental Protection as a Stormwater Grant Agreement, in the amount of
$304,449. The funding from Environmental Protection is for the Public Works Paradise Park System 4 —
Phase 5 Stormwater Retrofit.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 21 st day of July, 2015, pursuant to Section 129.06 (d), Florida Statutes
that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby
amended as follows:
REVENUE
102115-3725-331390-103608 FL Environmental Protection $304,449
APPROPRIATIONS
102115-3725-563000-103608 Infrastructure $304,449
After motion and second the vote on this resolution was as follows:
Commissioner Paula A. Lewis, Chair XXX
Commissioner Kim Johnson, Vice Chair XXX
Commissioner Chris Dzadovsky XXX
Commissioner Frannie Hutchinson XXX
Commissioner Tod Mowery XXX
PASSED AND DULY ADOPTED THIS 21ST DAY OF JULY 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
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8.M.4
ITEM NO. RES-2015-115
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
4113IX4is
BACKGROUND:
Don West, Public Works Director
Public Works
DATE: 07/21/2015
*CONSENT
AGENDA\ENVIRONMENTAL
RESOURCES
Paradise Park System 4 - Phase 5 Stormwater Retrofit
Paradise Park Subdivision consists of approximately 168 acres located on North 15th, 17th 19th, 21 and 23
Streets between two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and
Ft. Pierce Farms Water Control District (FPFWCD) Canal 1. The subdivision was developed in the 1960's
before State water quality regulations were developed, and has poor storm water conveyances and lack
of stormwater treatment. During rain events, the stormwater outfalls directly into the two canals, both of
which discharge into the Indian River Lagoon by means of Taylor Creek, approximately one- quarter mile
away.
Water quality of the runoff from this area is poor and contains debris, sediment and contaminants such as
oil, grease, fertilizers and pesticides, which are being deposited into St Lucie County's natural surface
water bodies, most notably the Indian River Lagoon which is already undergoing major dredging to
remove all of the above contaminants and silt deposits. These pollutants have been determined to be
detrimental to the health of the areas natural resources including the Lagoon.
Project improvements will include drainage swales along the subdivision streets for pre-treatment and
conveyance to stormwater detention and treatment facilities, stormwater runoff treatment facilities will
include dry detention ponds and control structures for discharge of treated runoff to the C-25 and Ft.
Pierce Canals. The proposed storm water conveyances and treatment areas will dramatically reduce
outfall of fresh water and storm water pollutants from Paradise Park into the Indian River Lagoon.
Phase 1 of this project was completed in May 2007, Phase 2 in June 2010, and Phase 3 in April 2013. This
current grant allocation of $304,448.48 will assist with expenses associated with construction of the
stormwater conveyance and treatment systems in Phase 5.
No grant match is required. Therefore the total grant related project cost for Phase 5 of the Paradise Park
retrofit is $304,448.48.
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PREVIOUS ACTION:
April 23, 2014 - Administrative approval to submit a grant application to the Florida Department of
Environmental Protection
FINANCIAL IMPACT:
Funds are available in 102001-3725-563000-103608 (Stormwater MSTU Project for Paradise Park System
4 — Phase 5)
RECOMMENDATION:
Staff recommends Board approval of DEP Agreement No. S0820 in the amount of $304,448.48 for the
Paradise Park System 4 - Phase 5 Stormwater Retrofit Project and acceptance of the Resolution from the
Florida Department of Environmental Protection Grant Agreement and for the Chair to sign documents as
approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
--NCA
[ on We t, Public Works Directo /2015
Heather Young, Asst. County Attorney 7/9/2015
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aula A. Lewis, District No. 3, Chair 7/21/2015
Updated: 7/13/2015 3:44 PM by Kelly Phelan Page 2
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DEP AGREEMENT NO. S0820
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1668A OF THE 2014-2015 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department") and the ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 (hereinafter referred to as
"Grantee"), a local government, to provide financial assistance for the Paradise Park Stormwater Project Phase.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", and
"Recipient" are used interchangeably.
2. This Agreement shall begin upon execution by both parties and remain in effect for a period of twenty-four
(24) months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the
date of execution through the expiration date of this Agreement. This Agreement may be amended to
provide for additional services if additional funding is made available by the Legislature.
3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the
terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to
a maximum of $304,448.48. The parties hereto understand and agree that this Agreement does not
require a match on the part of the Grantee.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of deliverables identified in Attachment A, in accordance
with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment
Request Summary Form. To be eligible for reimbursement, costs must be in compliance with
laws, rules and regulations applicable to expenditures of State funds, including, but not limited to,
the Reference Guide for State Expenditures. All bills for amounts due under this Agreement shall
be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment
request should be submitted to the Department no later than sixty (60) days following the
completion date of the Agreement, to assure the availability of funds for payment.
C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. In accordance with the Attachment C, Contract Payment
Requirements, the Grantee shall comply with the minimum requirements set forth therein. The
Payment Request Summary Form shall be accompanied by supporting documentation and other
requirements as follows for each deliverable:
i. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours/time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
DEP Agreement No. S0820, Page 1 of 8
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days of written notification. Interest on the excessive charges shall be calculated based on
the prevailing rate used by the State Board of Administration. For fixed price (vendor)
subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed price subcontracted activities
shall be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (Invitation to Bid or
Request for Proposals) resulting in the fixed price subcontract.
b. The Grantee may request approval from the Department to award a fixed price
subcontract resulting from procurement methods other than those identified in
the paragraph above. In this instance, the Grantee shall request the advance
written approval from the Department's Grant Manager of the fixed price
negotiated by the Grantee. The letter of request shall be supported by a
detailed budget and Scope of Services to be performed by the subcontractor.
Upon receipt of the Department Grant Manager's approval of the fixed price
amount, the Grantee may proceed in finalizing the fixed price subcontract.
C. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting
activities.
D. In addition to the invoicing requirements contained in paragraphs 3.13. and C. above, the
Department will periodically request proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines
(including cost allocation guidelines), as appropriate. This information, when requested, must be
provided within thirty (30) calendar days of such request. The Grantee may also be required to
submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). State guidelines for allowable costs can be
found in the Department of Financial Services' Reference Guide for State Expenditures at
http://www.Rdfs.com/aadir/reference%5Fpide.
E. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for
separately. Grantees are prohibited from commingling funds on either a program -by -
program or a project -by -project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
ii. If the Department finds that these funds have been commingled, the Department shall
have the right to demand a refund, either in whole or in part, of the funds provided to the
Grantee under this Agreement for non-compliance with the material terms of this
Agreement. The Grantee, upon such written notification from the Department shall
refund, and shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse the
DEP Agreement No. S0820, Page 2 of 8
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Department for all recovered funds originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(s) the payment(s) are recovered
by the Grantee to the date repayment is made to the Department by the Grantee.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations.
The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during
the reporting period, problems encountered, problem resolution, schedule updates and proposed work for
the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later
than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June
30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days
to review the required reports and deliverables submitted by the Grantee. Final payment, of up to ten (10)
percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is
completed, all deliverables have been submitted, match requirements have been met and the Final Project
Report has been received and approved.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department
shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice.
8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed
for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of
being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the
specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for
failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance
under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to
the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in
writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee
shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to
submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified
above shall result in the Department's termination of this Agreement for cause as authorized in this
Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed
CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement.
In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the
Department shall retain the right to require additional or further remedial steps, or to terminate this
DEP Agreement No. S0820, Page 3 of 8
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8.M.4.a
Agreement for failure to perform. No actions approved by the Department or steps taken by the
Grantee shall preclude the Department from subsequently asserting any deficiencies in
performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
9. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119.07(1)(a), Florida Statutes.
10. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of this Agreement and for five (5) years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes.
11. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at
850/245-2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining
whether the relationship represents that of a subrecipient or vendor. For state financial assistance,
the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found
under the "Links/Forms" section appearing at the following website:
https://apps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
12. A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the
Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is
ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to
be responsible for the fulfillment of all work elements included in any subcontract and agrees to be
responsible for the payment of all monies due under any subcontract. It is understood and agreed
DEP Agreement No. 50820, Page 4 of 8
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8.M.4.a
by the Grantee that the Department shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of minority owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement
includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules
and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of
this Agreement.
15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt
requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses
below.
16. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for
this Agreement is identified below.
Susan Leitholf
Florida Department of Environmental Protection
Florida Coastal Office
3900 Commonwealth Blvd., MS#235
Tallahassee, Florida 32399
Telephone No.:
(850) 245-2953
E-mail Address:
Susan. leitholf de .state.fl.us
17. The Grantee's Grant Manager for this Agreement is identified below.
Lori Rocky
St. Lucie County Board of County Commission
2300 Virginia Avenue
Fort Pierce, Florida 34982
Telephone No.:
(772) 462-1485
Fax No.:
(772) 462-2362
E-mail Address:
rockyl@stlucieco.org
18. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are
covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee
DEP Agreement No. S0820, Page 5 of 8
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8.M.4.a
shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department,
for the protection of his employees not otherwise protected.
19. A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily
injury and property damage. The minimum limits of liability shall be $200,000 each individual's
claim and $300,000 each occurrence. This insurance will provide coverage for all claims that may
arise from the services and/or operations completed under this Agreement, whether such services
and/or operations are by the Grantee or anyone directly or indirectly employed by him.
B. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims
which may arise from the services and/or operations under this Agreement, whether such services
and/or operations are by the Grantee or by anyone directly, or indirectly employed by him. The
minimum limits of liability shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if
applicable
$300,000 Hired and Non -owned Liability Coverage
C. All insurance policies shall be with insurers licensed or eligible to do business in the State of
Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance
will not be canceled for any reason except after thirty (30) days written notice (with the exception
of non-payment of premium which requires a 10 day notice) to the Department's Procurement
Administrator.
20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
21. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Agreement.
22. The Department may at any time, by written order designated to be a change order, make any change in the
Grant Manager information or task timelines within the current authorized Agreement period. All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which
causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this
Agreement.
23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may
not transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and posts the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity, at (850) 487-0915.
24. Land acquisition is not authorized under the terms of this Agreement.
25. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner
DEP Agreement No. S0820, Page 6 of 8
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8.M.4.a
as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited
or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida.
26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 50820, Page 7 of 8
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8.M.4.a
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS
By:_
Title: *
Date:
FEID No.: 59-6000835
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
0
Secretary or designee
Date:
E dz��l
usan Leitholf, DEP Grant Vanager
DEP Contracts Administrator
Approved as to form and legality:
Vj
DEP Attorney
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
Grantee must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Grant Work Plan (2 Pages)
Attachment B Payment Request Summary Form (2 Pages)
Attachment C Contract Payment Requirements (I Page)
Attachment D Progress Report Form (1 Page)
Attachment E Special Audit Requirements (5 Pages)
DEP Agreement No. 50820, Page 8 of 8
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8.M.4.a
ATTACHMENT A
GRANT WORK PLAN
Project Title: Paradise Park Stormwater Project Phase 5 — System 4
Project Location: Paradise Park is an approximately 168 acre residential subdivision located in Ft. Pierce between two
drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Ft. Pierce Farms Water Control
District (FPFWCD) Canal 1 within the St. Lucie/Loxahatchee Watershed Basin, WBID 3163, hydrologic unit code
03080203.
Project Background: Paradise Park was developed in the 1960's before State water quality regulations were developed,
and has dirt roads, poor storm water conveyances and a lack of storm water treatment. During rain events untreated
stormwater outfalls directly into these canals. Both canals drain into Taylor Creek which the drains into the Indian River
Lagoon approximately one- quarter mile away. Water quality of the runoff from the untreated areas is poor and contains
debris, sediment and contaminants such as oil, grease, fertilizers and pesticides, which are being deposited into St Lucie
County's natural surface water bodies, most notably the Indian River Lagoon which is already undergoing major dredging
to remove all of the above contaminants and silt deposits. These pollutants have been determined to be detrimental to the
health of the area's natural resources including the Lagoon.
The Paradise Park paving and drainage retrofit project began almost 10 years ago. In that time the Grantee has constructed
three of the five phases using County drainage crews and St. Lucie River Issues Team (SLRIT) Funding. Phase 1 was
completed Spring 2007, Phase 2 was completed Summer 2010, and Phase 3 was completed Spring 2013. Grantee has
elected to delay Phase 4 of the project and will implement Phase 5 — System 4 for this funding request.
The need for this project is identified in the Indian River Lagoon National Estuary Program's Comprehensive
Conservation and Management Plan, the Department of Environmental Protection Surface Water Improvement and
Management Plan, and the Comprehensive Everglades Restoration Plan, St Lucie County Storm Water Master Plan, St.
Lucie County Five Year Capital Plan and St. Lucie County Local Mitigation Strategy.
Project Description: The primary purpose of the project is surface water restoration to reduce freshwater and pollutants
discharge into the Indian River Lagoon from this 52 acre phase of the Paradise Park paving and drainage retrofit.
Task 1: Construction
Ten (10) interconnected dry detention ponds with two (2) drainage outfalls to Taylor Creek will be constructed to treat
and attenuate stormwater discharges. Six (6) dirt roads totaling 1.5 miles will be paved and 97 dirt driveways will be
stabilized with concrete driveway aprons within the road right of ways. Roadside grass swales will be constructed on
both sides of the roads to collect, treat, and convey runoff to the dry detention ponds. The swales and dry detention
ponds will be interconnected between the existing roads and driveways with approximately 6,000 feet of storm drains
and 65 drainage structures.
The primary construction will be performed by the Water Quality and Road & Bridge Divisions of the St. Lucie County
Public Works Department. The Department has years of experience constructing similar projects and is currently
completing stormwater improvement projects in White City in Ft. Pierce. Public Works personnel will construct
temporary erosion and sediment controls; perform clearing and grading; construct ten (10) dry detention ponds; and
construct roadside swales and storm drainage improvements. Last, roadway paving, concrete driveway apron
construction and site stabilization will construct temporary erosion and sediment controls. A construction certification
and complete as -built drawings for the project as required by the regulatory permits are the criteria to determine success.
Deliverable: Temporary erosion and sediment controls, clearing and grading, 10 dry detention ponds, and roadside
swales and storm drainage improvements constructed as described in this task, as evidenced by: Dated color
photographs of the construction site(s) prior to, during, and immediately following completion of the construction task;
Certified as -built drawings; Signed statement from a Florida Licensed Professional Engineer indicating construction
has been completed in accordance with the design; and, Signed acceptance of the completed project by the Grantee.
DEP Agreement No. 50820, Attachment A, Page 1 of 2
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Performance Standard: The Department Grant Manager will review the photographs and certification of completion
for all components by the Grantee's project certified engineer to verify that construction has been completed for all
components in accordance with the approved plans.
Timeline: October 2015 — December 2017.
Contractual: Construction is estimated at $1,304,448.48 of which a maximum of $304,448.48 will be reimbursed
through this Agreement and the remaining amount will be expended by the Grantee.
Total Budget by Task and Deliverables:
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Total:
304,448.48
The FY2014-15 GAA did not require a match for these projects.
DEP Agreement No. S0820, Attachment A, Page 2 of 2
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8.M.4.a
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Grantee:
Mailing Address:
DEP Agreement No.: S0820
Date Of Request-
Task/Deliverable Amount
Requested:$
Grantee's Grant Manager:
Payment Request No.:
Performance
Period:
Task/Deliverable
No..
GRANT EXPENDITURES SUMMARY SECTION
I F.ttective. I We of (.rant throiwh hand-ot-(irant Period I
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS REQUEST
TOTAL
CUMULATIVE
PAYMENT
REQUESTS
MATCHING
FUNDS
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries
$N/A
$N/A
$N/A
$N/A
Fringe Benefits
$N/A
$N/A
$N/A
$N/A
Travel (if authorized)
$N/A
SN/A
$N/A
$N/A
Subcontracting:
S
$
SN/A
$N/A
Contractual
$
$
$N/A
$N/A
Equipment Purchases
$N/A
$NIA
$N/A
$N/A
Supplies/Other Expenses
$N/A
$NIA
$N/A
$N/A
Land
$N/A
$N/A
$N/A
$N/A
Indirect
$N/A
$N/A
$N/A
$N/A
TOTAL AMOUNT
$
$/A
$N/A
$N/A
TOTAL TASK/DELIVERABLE
BUDGET AMOUNT
$
$N/A
Less Total Cumulative Payment
Requests of:
$
$N/A
TOTAL REMAINING IN TASK
$
$N
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were cnargea to ana unuzea onry for the above citea grat
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name
Telephone Number
DEP Agreement No. S0820, Attachment B, Page 1 of 2
Print Name
Telephone Number
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8.M.4.a
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK/DELIVERABLE BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST" column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for (must agree with the current Grant Work Plan).
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for
which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current
Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved
budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on
the "TOTAL AMOUNT" line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT" line. Enter the
total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT
REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL TASK
BUDGET AMOUNT" for the amount to enter on the "TOTAL REMAINING IN TASK' line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The final request should show the total of all requests; first
through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you
are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task
you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant
Work Plan. Enter the total on the "TOTAL AMOUNT" line for this column. Enter the match budget amount on the
"TOTAL TASK BUDGET AMOUNT" line for this column. Enter the total cumulative amount of this and any previous
match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN TASK' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the
total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTES:
If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services, Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
DEP Agreement No. S0820, Attachment B, Page 2 of 2
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8.M.4.a
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: ho://www.fldfs.com/aadir/reference suide.htm
DEP Agreement No. S0820, Attachment C, Page 1 of 1
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8.M.4.a
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
S0820
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No
S0820 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
DEP Agreement No. 50820, Attachment D, Page I of I
Date
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8.M.4.a
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/efda/cfda.html.
DEP Agreement No. S0821, Attachment E, Page 1 of 5
Packet Pg. 287
8.M.4.a
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at hops://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at
http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/audagen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP Agreement No. S0821, Attachment E, Page 2 of 5
Packet Pg. 288
8.M.4.a
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dQ.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at hU://harvester.census.gov/fac/
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEP S inaleAuditQdep. state. fl. us
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSinWeAudit@dep.state.fl.us
DEP Agreement No. S0821, Attachment E, Page 3 of 5
Packet Pg. 289
8.M.4.a
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I I I West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit ,dep.state.fl.us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0821, Attachment E, Page 4 of 5
Packet Pg. 290
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8.M.4.b
RESOLUTION
A RESOLUTION ACCEPTING THE FLORDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT
(#S0820) FOR PARADISE PARK PHASE 5 / SYSTEM 4
STORMWATER RETROFIT AND AUTHORIZING THE
CHAIR TO EXECUTE THE AGREEMENT AND FURTHER
AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE
AGREEMENT BY APPROVING IT AS TO FORM AND
CORRECTNESS
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. The Florida Department of Environmental Protection has awarded the
County funding for Paradise Park Phase 5 / System 4 Stormwater Retrofit (#S0820)
2. The Board should authorize and approve execution of the Grant
Agreement with the Florida Department of Environmental Protection for the above -
referenced project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of St. Lucie County, Florida:
1. The Board hereby accepts and approves the Grant Agreement with the
Florida Department of Environmental Protection (#S0820) to provide funding for
Paradise Park Phase 5 / System 4 Stormwater Retrofit.
2. The Board hereby authorizes and Chair to execute the above -referenced
agreement and further authorizes the County Attorney to execute the agreement by
approving it as to form and correctness.
Page 1 of 2
Packet Pg. 292
8.M.4.b
After motion and second, the vote on Resolution was as follows:
Chair Paula Lewis
Vice -Chairman Kim Johnson
Commissioner Chris Dzadovsky
Commissioner Frannie Hutchinson
Commissioner Tod Mowery
PASSED AND DULY ADOPTED this 215t day of July, 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Page 2of2
Packet Pg. 293
ITEM NO. RES-2015-120
DATE: 07/21/2015
AGENDA REQUEST *CONSENT
AGENDA\TRANSPORTATION
PLANNING ORGANIZATION
TO: Board of County Commissioners
PRESENTED BY: Peter Buchwald, Executive Director
SUBMITTED BY: Transportation Planning Organization
SUBJECT: Approval of Federal Metropolitan Planning (PL) First Authorization of
Funding for FY 2015/2016
BACKGROUND:
The St. Lucie Transportation Planning Organization (TPO) has received notification of funding from Florida
Department of Transportation for the first authorization of Federal Metropolitan Planning (PL) funds in
the amount of $199,800.00; these funds were budgeted in the second year of the Unified Planning Work
Program (UPWP) for FY 2015/2016.
PREVIOUS ACTION:
July 15, 2014 - BOCC approval of the first authorization of PL funds in the amount of $195,543.
September 2, 2014 - BOCC approval of the second authorization of PL funds in the amount of $86,691.
February 2, 2015 - BOCC approval of the third authorization of PL funds in the amount of $385,356.
April 7, 2015 - BOCC approval of the fourth authorization of PL funds in the amount of $101,410.
FINANCIAL IMPACT:
Since these Grant funds were not anticipated in FY 15, funding is not appropriated in the FY 15 adopted
budget. Therefore, a budget needs to be established to expend these funds. Matching funds are not
required. Funds will be made available in the Federal Metropolitan Planning (PL) Grant fund 001560-
1540-331130-100.
RECOMMENDATION:
Staff recommends Board approval of Budget Resolution in the amount of $199,800.00 to amend the
County budget for receipt of PL funds on behalf of the St. Lucie TPO.
COMMISSION ACTION:
Packet Pg. 294
Coordination/Signatures
A
Heather Young, Asst. County Attorney 7/8/2015
r
4ir
aula A. LewisDistrict No. 3,C7/21/2015
Updated: 7/14/2015 3:17 PM by Kelly Phelan Page 2
Packet Pg. 295
8.Q.a
Centennial
IM LD'h (37M
1915 * 2015
Florida Department of Transportation
RICK SCOTr 3400 West Commercial Blvd. JIM BOXOLD
GOVERNOR Fort Lauderdale, FL 33309 SECRETARY
June 29, 2015
Mr. Darrell Drummond, Chair
St. Lucie Transportation Planning Organization
Coco Vista Centre
466 SW Port St. Lucie Blvd, Suite 111
Port St. Lucie, FL 34953
SUBJECT: St. Lucie Transportation Planning Organization (TPO)
FY 2014/2015 — 2015/2016 Unified Planning Work Program (UPWP)
FM No. 423604-2-14-01; Contract No. A5115; F.A. Program No. PL-0311 (52)
Dear Mr. Drummond:
The St. Lucie TPO is authorized to expend $199,800.00 of Federal Metropolitan Planning (PL) funds for
its UPWP from July 1, 2015 through June 30, 2016. This is the first authorization of PL funds budgeted
for the 2015/2016 Fiscal Year of the UPWP. This authorization is subject to:
■ Provision of the required matching amounts by the TPO and the State
■ Compliance with any conditions placed on individual UPWP tasks
■ Provision of all required documentation with requisitions.
Please contact Darci Mayer at 954-777-4491 if you have questions or need additional information.
Sincerely,
[.Y
Stacy L. Miller-Novello, P.E.
Director of Transportation Development
District Four
SM/dm
cc: Peter Buchwald, St. Lucie TPO
Antonette Adams, FDOT District Four
Stacie Blizzard, FHWA
Steve Braun, FDOT District Four
Lee Calhoun, FDOT Central Office
Amie Goddeau, FDOT District Four
Nikye Joseph, FDOT District Four
Sean Santalla, FDOT Central Office
www.dot.state.fl.us
Packet Pg. 296
8.Q.b
RESOLUTION
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available
from the Federal Highway Administration as a Transportation Planning Grant Agreement, in the amount of
$199,800. The funding from the Federal Highway Administration is for the Unified Planning Work Program
(UPWP).
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 21 st day of July, 2015, pursuant to Section 129.06 (d), Florida Statutes
that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby
amended as follows:
REVENUE
001660-1640-331130-100
APPROPRIATIONS
001560-15440-599330-100
Federal Highway Administration
Project Reserves
After motion and second the vote on this resolution was as follows:
Commissioner Paula A. Lewis, Chair
Commissioner Kim Johnson, Vice Chair
Commissioner Chris Dzadovsky
Commissioner Frannie Hutchinson
Commissioner Tod Mowery
PASSED AND DULY ADOPTED THIS 21ST DAY OF JULY 2015.
ATTEST:
$199,800
$199,800
XXX
XXX
XXX
XXX
XXX
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Packet Pg. 297
ITEM NO. ORD-2015-9
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Leslie Olson, Planning Manager
Planning Division
DATE: 07/21/2015
*PUBLIC HEARINGS\PLANNING
& DEVELOPMENT SERVICES
Ordinance - Amending the Code of Ordinances Pertaining to the Economic
Development Impact Fee Mitigation Program - Final Hearing
Recently, the staff has been working in conjunction with the St. Lucie County Economic Development
Council to assist Expert Shutter Services, Inc., an expanding locally owned and operated small
manufacturer of hurricane shutter products. Expert Shutter Services, Inc., is located in Port St Lucie. They
have been in business serving the Treasure Coast for over 26 years. The company is family owned and
operated by Michael and Jamie Heissenberg, along with their three children, Christopher, Michael and
Christina. The company designs and develops new products for the hurricane and security shutter
industry. They hold several patents for their designs in the United States, Canada, Mexico, Japan, China,
Australia, Russia, South Africa and Europe. On a retail basis, they are the largest manufacturer of
hurricane and security shutters on the Treasure Coast. Their service area includes Brevard, Indian River, St
Lucie, Martin and Palm Beach Counties. Their services include installation, service and repair of hurricane
and security shutters, for residential, commercial and high-rise properties.
The company is expected to double in size over the next five years. Part of their growth strategy includes
a larger manufacturing facility. In September of 2014, the company purchased 2.30 acres of industrial
property in Port St. Lucie. They have been working with a local civil engineer, architect and builder and
have submitted their preliminary site plan to the City of Port St Lucie, in December of 2014. The building
plan consists of a new, two-story building, with a gross floor area of 24,800 sq. ft., and also includes a
future, single story addition, with a gross floor area of 2,500 sq. ft. The company is requiring the builder to
use local contractors and suppliers for the construction.
St. Lucie County offers a variety of economic incentives to growing and relocating Qualified Targeted
Industries (QTI) as follows:
1. Job Growth Investment Grant: Upon demonstrating that it has met certain salary requirements
and number of jobs created, a QTI is eligible for a cash grant paid per job created.
2. Ad Valorem Tax Abatement: Lowering the amount of Ad Valorem taxes due on new construction
and business equipment for up to 10 years on a declining scale based on the wages provided, the
QTI's number of jobs created, and the total amount of capital investment.
Packet Pg. 298
3. Impact Fee Mitigation: Reducing some or all of the Impact Fees due on new construction in
conjunction with a project for a new or expanding QTI which meets certain wage requirements,
number of jobs created, amount of capital investment, and benefits packages for its employees.
A list of Qualified Targeted Industry types, as adopted by St. Lucie County, is attached to this agenda item.
As staff has been working to assist this local company, it has come to our attention that the County's
economic development incentive program focuses primarily on attracting large industries to St. Lucie
County, but largely does not contemplate assisting small, local industries in their expansion efforts.
Therefore, the Board of County Commissioners recently amended the Job Growth Investment Grant
criteria to add incentives targeted specifically to locally owned and operated small businesses. The Board
then directed staff to amend the Impact Fee Mitigation Ordinance to address the eligibility of locally
owned and operated small industries.
The attached draft ordinance amends the Economic Development Impact Fee Mitigation Program
language by:
1) Defining a "locally owned and operated small business" as one that is continually operated in
St. Lucie County for at least three years and owned and operated by a St. Lucie, Martin,
Indian River or Okeechobee County homesteaded resident, with 50 or fewer employees;
and
2) Slightly lowering the eligibility requirement of creating a minimum of ten new jobs with an
average private sector wage (excluding benefits) of 100% of the county's average private
sector wage along with a benefit package that includes health insurance.
PREVIOUS ACTION:
In 2008 the Board adopted Ordinance No. 08-007, which created the Economic Development Impact Fee
Mitigation Program in the St. Lucie County Code of Ordinances and Compiled Laws. This ordinance
established an economic development impact fee mitigation program for qualified targeted industry
businesses so as to encourage economic development and to create permanent employment expansion
opportunities for the citizens of the county.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board approval of the proposed Ordinance.
Updated: 7/9/2015 4:21 PM by Kelly Phelan A Page 2
Packet Pg. 299
Coordination/Signatures
anie 5. McIntyre, C my ttorney 7/6/2015
Updated: 7/9/2015 4:21 PM by Kelly Phelan A Page 3
Packet Pg. 300
9.a
ORDINANCE NO. 15-OXX
File No. Ord-520154871
AN ORDINANCE AMENDING CHAPTER 24 (IMPACT FEES),
ARTICLE I (IN GENERAL), OF THE CODE OF ORDINANCES OF
ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 24-1
(ECONOMIC DEVELOPMENT IMPACT FEE MITIGATION
PROGRAM) TO PROVIDE FOR LOCALLY OWNED AND
OPERATED SMALL BUSINESSES TO BE ELIGIBLE FOR
ECONOMIC DEVELOPMENT IMPACT FEE MITGATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
APPLICABILITY; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR ADOPTION; AND PROVIDING FOR
CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. On January 15. 2008, the Board adopted Ordinance No. 08-007 which created Section
1-7.5-1 (Economic Development Impact Fee Mitigation Program) of the St. Lucie
County Code of Ordinances and Compiled Laws, to establish an economic
development impact fee mitigation program for Qualified Target Industry Businesses
to encourage economic development opportunities within the county and to create
permanent employment expansion opportunities for the citizens of the county.
2. On August 12, 2014, the Board adopted Ordinance No. 14-020 which amended and
recodified the St. Lucie County Code of Ordinances, including the recodification of
Chapter 1-7.5 as Chapter 24 and Section 1-7.5-1 to Section 24-1.
3. On June 18, 2015, the St. Lucie County Planning and Zoning Commission held a
public hearing, of which due notice was published in the St. Lucie News Tribune, and
recommended approval to the Board of County Commissioners; and
4. On July 21, 2015, the Board of County Commissioners of St. Lucie County, Florida
held a public hearing, of which due notice was placed in the St. Lucie News Tribune
and unanimously deemed it to be in the best interest of the health, safety and welfare
of the county's residents to amend Section 24-1 to provide for long term locally
owned and operated businesses seeking to expand their facilities and workforce to
participate in the Economic Impact Fee Mitigation Program.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida, as follows:
PART A. Section 24-1 (Economic Development Impact Fee Mitigation) of Article I (In
General) of Chapter 24 (Impact Fees) of the Code of Ordinances of St. Lucie County is
amended as follows:
Sec. 24-1. - Economic development impact fee mitigation program.
1
Underlined passages are added. Str --- ''- *"re ^" passages are deleted.
Packet Pg. 301
9.a
(a) For the purpose of this section, the term "qualified target industry business" shall mean a new or
expanding business in the county that has a positive economic and fiscal impact on the county and
meets the requirements of F.S. § 288.106, or its statutory successor in function, as a qualified target
industry business. For the purpose of this section, the term "applicant" shall include any person,
company, research institute or business park developer that will house qualified target industry
businesses.
(b) For the purposes of this section, the term "locally owned and operated small business" shall mean a
target industry continually operated in St. Lucie County for at least three (3) years which is owned and
operated by a St. Lucie, Martin, Indian River or Okeechobee County resident whose homestead is
located in St. Lucie, Martin, Indian River, Okeechobee County, and which employs fifty (50) or fewer
employees.
(bc) Because the imposition of the impact fees herein may place the county in a non-competitive position
with other local governments that have chosen not to require growth to pay its fair share of needed
capital facilities, thus hindering efforts by the county and the community to encourage economic
development opportunities within the county and to create permanent employment expansion
opportunities for the county's citizens, there is hereby created an economic development impact fee
mitigation program for certain qualified target industry businesses to mitigate any real or perceived
disadvantage occurring from the imposition of the impact fees.
(ed) This program is not intended as an entitlement program. The program is intended to provide the board
of county commissioners the opportunity, in its sole discretion, to grant impact fee mitigation to
qualified target industry businesses.
(de) To be eligible for an economic development impact fee waiver, an applicant must meet the following
requirements:
(1) Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten
percent increase in existing employment (whichever is greater) with an average private sector
wage (excluding benefits) of at least 107 percent of the county's average private sector wage
(excluding the top two executive salaries) and provide a benefit package that includes health
insurance and remain in the county for a minimum of ten years; or
(2) Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten
percent increase in existing employment (whichever is greater) with an average private sector
wage (excluding benefits) of 100 percent of the county's average private sector wage (excluding
the top two executive salaries) and make a capital investment in the county of $10,000,000.00 or
greater in construction, renovations, equipment purchases, or other major capital investment
items and remain in the county for a minimum of ten years; aPA or
(3) Qualify as a locally owned and operated small business and create a minimum of ten new iobs
with an average private sector wage (excluding benefits) of 100 percent of the county's average
private sector wage (excluding the top two executive salaries) and provide a benefit package that
includes health insurance and remain in the county for a minimum of ten vears: and.
(34) Enter into an agreement with the county wherein the applicant agrees to locate or expand its
business operations to/within the county for a period of at least ten years. The agreement will also
require the applicant to provide the county with the applicant's quarterly report (UCT-6) and all
other documentation to demonstrate that the job creation and salary level commitments were
achieved.
(ef) Any applicant seeking an economic development impact fee waiver shall file an application for waiver
with the county administrator prior to the issuance of the building permit for the subject capital facilities
impact construction. The application shall contain:
(1) A designation of the capital facilities impact construction for which the application is being
submitted, including a current and complete legal description of the property upon which the
qualified target industry business is proposed to be located;
2
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Packet Pg. 302
9.a
(2) The name and address of the owner of the property upon which the qualified target industry
business is proposed to be located;
(3) Proof that the capital facilities impact construction will be a qualified target industry business;
(4) A notarized affidavit and all necessary supporting evidence affirming that the applicable
requirements of subsection (d)(1) er (d)(2) (e) of this section will be met within one year of the
date the certificate of occupancy is issued which term may be extended by the board of county
commissioners upon good cause shown; and
(5) Other necessary information as determined by the county administrator.
(fg) Any applicant who submits an application for economic development impact fee mitigation pursuant to
this section and desires the immediate issuance of a building permit prior to approval of the application
shall pay the impact fees imposed herein. Should the board of county commissioners approve and
accept the mitigation application, the mitigation amount shall be refunded to the applicant or owner.
(gh) If the applicant meets the requirements provided above for mitigation, the applicant shall be eligible
for the following:
(1) If the applicant qualifies under subsection (de)(1) of this section, it shall be eligible to receive an
economic development impact fee mitigation in the following amounts; provided, however, that
the board may increase these waiver amounts in the event the applicant exceeds these
requirements:
Number of Jobs
Percent of Average
Waiver Amount
Created
Private Sector Wage
Minimum of 10
107% plus benefits
I
$3,500.00 per job created
Minimum of 10
150% plus benefits
$5,000.00 per job created
Minimum of 10
200% plus benefits
—T
$7,500.00 per job created
(2) If the applicant qualifies under subsection (4e)(2) of this section, it shall be eligible to receive an
economic development impact fee mitigation in the following amounts; provided, however, that
the board may increase these mitigation amounts in the event the applicant exceeds these
requirements:
Number of Jobs Create Total Capital Investment
Minimum of 10 —T$10,000,000.00 to $14,999,999.99.00
Minimum of 10 �$15,000,000.00 to $19,999,999.99
Minimum of 10 r $20,000,000 or more
Waiver Amount
40% of total county impact fees
50% of total county impact fees
60% of total county impact fees
(3) If the applicant qualifies under subsection (e)(3) of this section, it shall be eligible to receive an
economic development impact fee mitigation in the following amounts; provided, however, that
the board may increase these waiver amounts in the event the applicant exceeds these
requirements:
3
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S*r--- r'- * h r e - ^" passages are deleted.
Packet Pg. 303
9.a
Number of Jobs
Percent of Average
Waiver Amount
Created
Private Sector Wage
Minimum of 10
100% plus benefits
$3,500.00 per job created
Minimum of 10
140% plus benefits
$5,000.00 per job created
Minimum of 10
185% plus benefits
$7,500.00 per job created
(4) Each applicant shall only be eligible for mitigation under either subsection (de)(1), (de)(2) or(e)(3),
but not both in combination.
(#i) If the county administrator finds that the applicant meets the requirements provided herein for
mitigation, the county administrator shall agenda an impact fee mitigation agreement before the board
of county commissioners, which shall contain, but not be limited to, the county impact fee mitigation
application for qualified target industries and any other documents as requested by the county
administrator. Because this program is not an entitlement program, the board may reject the request
for mitigation without cause.
(4i Any incentive approved pursuant to the economic development impact fee mitigation program shall be
paid from other legally available funds (other than impact fees).
(j) Any request for economic development impact fee mitigation must be submitted to the county by the
applicant prior to the applicant deciding whether or not they will expand or locate in the county.
PART K. SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or circumstance is held
invalid, it is the intent of the District that the invalidity shall not affect other provisions or applications of the
Ordinance which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared severable.
PART L. 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.
PART M. EFFECTIVE DATE.
This Ordinance shall take effect retroactively on May 1, 2015.
PART N. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chair Paula A. Lewis XX
Vice Chair Kim Johnson XX
Commissioner Chris Dzadovsky XX
Commissioner Tod Mowery XX
Commissioner Frannie Hutchinson XX
4
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Packet Pg. 304
9.a
PART O. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County,
Florida, 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 K through O shall not be codified.
PASSED AND DULY ADOPTED this 21st day of July, 2015.
ATTEST:
BY:
Deputy Clerk
BY:
5
Underlined passages are added.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
S-*r--- ''- *hrA-- " passages are deleted.
Packet Pg. 305
9.b
Chapter 24 - IMPACT FEES
FOOTNOTE(S):
--- (1) ---
State Law reference— Florida Impact Fee Act, F.S. § 163.31801.
ARTICLE I. - IN GENERAL
Sec. 24-1. - Economic development impact fee mitigation program.
(a) For the purpose of this section, the term "qualified target industry business" shall mean a new or
expanding business in the county that has a positive economic and fiscal impact on the county and
meets the requirements of F.S. § 288.106, or its statutory successor in function, as a qualified target
industry business. For the purpose of this section, the term "applicant" shall include any person,
company, research institute or business park developer that will house qualified target industry
businesses.
(b) Because the imposition of the impact fees herein may place the county in a non-competitive position
with other local governments that have chosen not to require growth to pay its fair share of needed
capital facilities, thus hindering efforts by the county and the community to encourage economic
development opportunities within the county and to create permanent employment expansion
opportunities for the county's citizens, there is hereby created an economic development impact fee
mitigation program for certain qualified target industry businesses to mitigate any real or perceived
disadvantage occurring from the imposition of the impact fees.
(c) This program is not intended as an entitlement program. The program is intended to provide the board
of county commissioners the opportunity, in its sole discretion, to grant impact fee mitigation to
qualified target industry businesses.
(d) To be eligible for an economic development impact fee waiver, an applicant must meet the following
requirements:
(1) Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten
percent increase in existing employment (whichever is greater) with an average private sector
wage (excluding benefits) of at least 107 percent of the county's average private sector wage
(excluding the top two executive salaries) and provide a benefit package that includes health
insurance and remain in the county for a minimum of ten years; or
(2) Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten
percent increase in existing employment (whichever is greater) with an average private sector
wage (excluding benefits) of 100 percent of the county's average private sector wage (excluding
the top two executive salaries) and make a capital investment in the county of $10,000,000.00 or
greater in construction, renovations, equipment purchases, or other major capital investment
items and remain in the county for a minimum of ten years; and
(3) Enter into an agreement with the county wherein the applicant agrees to locate or expand its
business operations to/within the county for a period of at least ten years. The agreement will also
require the applicant to provide the county with the applicant's quarterly report (UCT-6) and all
other documentation to demonstrate that the job creation and salary level commitments were
achieved.
(e) Any applicant seeking an economic development impact fee waiver shall file an application for waiver
with the county administrator prior to the issuance of the building permit for the subject capital facilities
impact construction. The application shall contain:
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Packet Pg. 306
9.b
(1) A designation of the capital facilities impact construction for which the application is being
submitted, including a current and complete legal description of the property upon which the
qualified target industry business is proposed to be located;
(2) The name and address of the owner of the property upon which the qualified target industry
business is proposed to be located;
(3) Proof that the capital facilities impact construction will be a qualified target industry business;
(4) A notarized affidavit and all necessary supporting evidence affirming that the requirements of
subsection (d)(1) or (d)(2) of this section will be met within one year of the date the certificate of
occupancy is issued which term may be extended by the board of county commissioners upon
good cause shown; and
(5) Other necessary information as determined by the county administrator.
(f) Any applicant who submits an application for economic development impact fee mitigation pursuant to
this section and desires the immediate issuance of a building permit prior to approval of the application
shall pay the impact fees imposed herein. Should the board of county commissioners approve and
accept the mitigation application, the mitigation amount shall be refunded to the applicant or owner.
(g) If the applicant meets the requirements provided above for mitigation, the applicant shall be eligible
for the following:
(1) If the applicant qualifies under subsection (d)(1) of this section, it shall be eligible to receive an
economic development impact fee mitigation in the following amounts; provided, however, that
the board may increase these waiver amounts in the event the applicant exceeds these
requirements:
Number of Jobs
Created
Minimum of 10
Minimum of 10
Minimum of 10
Percent of Average
Private Sector Wage
107% plus benefits
150% plus benefits
200% plus benefits
Waiver Amount
$3,500.00 per job created
$5,000.00 per job created
$7,500.00 per job created
(2) If the applicant qualifies under subsection (d)(2) of this section, it shall be eligible to receive an
economic development impact fee mitigation in the following amounts; provided, however, that
the board may increase these mitigation amounts in the event the applicant exceeds these
requirements:
Number of Jobs Created
Minimum of 10
Minimum of 10
Total Capital Investment
Waiver Amount
$10,000,000.00 to $14,999,999.99.00 40% of total county impact fees
$15,000,000.00 to $19,999,999.99 1 50% of total county impact fees
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Packet Pg. 307
9.b
Minimum of 10 $20,000,000 or more 60% of total county impact fees
(3) Each applicant shall only be eligible for mitigation under either subsection (d)(1) or (d)(2), but not
both.
(h) If the county administrator finds that the applicant meets the requirements provided herein for
mitigation, the county administrator shall agenda an impact fee mitigation agreement before the board
of county commissioners, which shall contain, but not be limited to, the county impact fee mitigation
application for qualified target industries and any other documents as requested by the county
administrator. Because this program is not an entitlement program, the board may reject the request
for mitigation without cause.
(i) Any incentive approved pursuant to the economic development impact fee mitigation program shall be
paid from other legally available funds (other than impact fees).
Q) Any request for economic development impact fee mitigation must be submitted to the county by the
applicant prior to the applicant deciding whether or not they will expand or locate in the county.
(Code 1982, § 1-7.55-1; Ord. No. 08-007, pt. A, 1-15-2008)
Secs. 24-2-24-20. - Reserved.
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9.c
MANUFACTURING FACILITIES
Chemical Manufacturing
Pharmaceutical Manufacturing
Computer & Electronic Product Mfg.
Computer & Electronic Component Mfg
Electromedicai Apparatus Mfg.
Laser Manufacturing
Software Reproducing
Transportation Equipment Manufacturing
Aviation & Aerospace Manufacturing
Machinery Manufacturing
Instruments for Measuring & Testing Elec.
Lens Manufacturing
Power Distribution, Generation & Technology
Electrical Equipment Manufacturing
Appliance Component Manufacturing
Fiber Optic Cable Manufacturing
Surgical & Medical Instrument Mfg.
Food & Beverage Products Manufacturing
Wood & Paper Product Manufacturing
Printing & Related Support Activities
Aquaculture
Boat and Allied Products Mfg
FINANCE & INSURANCE SERVICES
Funds, Trust & Other Financial Vehicles
INFORMATION INDUSTRIES
Film, Video/Electronic Media Production
Information Services & Data Processing
Data Processing Services
Software Publishing
Music Publishing
Telecommunications
Satellite Communications
CLEAN ENERGY
Solar Energy
Biomass Energy and Biofuels
Fuel Cell and Hydrogen ,Technologies
Ocean Energy
Other Renewables
PROFESSIONAL, SCIENTIFIC &
TECHNICAL SERVICES
Professional, Scientific & Technical
Computer Programming/Software
Computer System Design
Management, Scientific & Tech Services
Research & Development
Scientific & Technical Consulting Svc
Simulation Training
Testing Laboratories
Bio-Medical & Bio-Science
Nano Technology
MANAGEMENT & DISTRIBUTION
Management Services
National, International & Regional Headqtrs
Distribution Centers
ADMINISTRATIVE & SUPPORT
SERVICES
Technical Support
Other industries may be considered by the Board
of County Commissioners if the company can
improve the qualify of life within the community by
creating new jobs and/or high wage jobs.
Updated on 3/10/09
Packet Pg. 309
ST. LUCIE COUNTY BOAR 9 d
OF COUNTY COMMISSIONE
PUBLIC HEARING AGENDA
July 21, 2015
NOTICE OF PROPOSED TEXT AMENDMENT TO THE CODE OF ORDINANCE VD
COMPILED LAWS
The St. Lucie County Board of County Commissioners proposes to consii
adoption of the following by ordinance:
ORDINANCE
AN ORDINANCE AMENDING CHAPTER 24 (IMPACT FEES), ARTICLE I (IN GENERAL),
CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 24-
NOMIC DEVELOPMENT IMPACT FEE MITIGATION PROGRAM) TO PROVIDE FOR L
OWNED AND OPERATED SMALL BUSINESSES TO BE ELIGIBLE FOR ECONOMIC DEVEL(
IMPACT FEE MITGATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLIC)
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIV
PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION.
APPLICANT: St. Lucie County Board of County Commissioners
FILE NUMBER: Ord-520154871
PURPOSE: This ordinance amends the established economic development imt
mitigation program to include small businesses that are a qualified targeted indL
as to encourage economic development and to create permanent employment
sion opportunities for the citizens of the county. A list of targeted industries can b
online at stlucieco.gov/ed/target_industry.htm
The first of two PUBLIC HEARINGS on this item will be held in the Commission
bers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Buildinc
Virginia Avenue, Fort Pierce, Florida on Tuesday. June 21, 2015 beginning at 9
or as soon thereafter as possible.
All interested persons will be given an opportunity to be heard. Written comm(
ceived in advance of the public hearing will also be considered. Written comment
Board of County Commissioners should be received by the Planning and Devell
Services Department - Planning Division at least 3 days prior to the scheduled f
The petition file is available for review at the Planning and Development Servic
partment — Planning offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierc
ida during regular business hours. Please call (772) 462-2822 orTDD (772) 462
you have any questions or require additional information about this petition.
The St. Lucie County Board of County Commissioners has the power to review ar
any applications within their area of responsibility.
The proceedings of the Board of County Commissioners are electronically re
PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decide:
peal any decision made by the Board of County Commissioners with respect to a
ter considered at a meeting or hearing, he or she will need a record of the proce
For such purpose, he or she may need to ensure that a verbatim record of the pi
ings is made, which record includes the testimony and evidence upon which the
is to be based. Upon the request of any party to the proceeding, individuals to
during a hearing will be sworn in. Any party to the proceeding will be granted an
tunity to cross-examine any individual testifying during a hearing upon request.
comes necessary, a public hearing may be continued from time to time to a date -
Anyone with a disability requiring accommodations to attend this meeting should act
the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the me I at
(772) 462-1546 orT.D.D. (772) 462-1428.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
/S/ PAULA LEWIS, CHAIR Packet Pg. 310
PUBLISH DATE: July 9, 2015
10.A.1
ITEM NO. RES-2015-121
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Katherine Barbieri, Asst. County Attorney
County Attorney
Solid Waste Preliminary Assessment Resolution
DATE: 07/21/2015
*REGULAR AGENDA\COUNTY
ATTORNEY
Pursuant to Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County, the St. Lucie County
Board of County Commissioners (the Board) has the authority to impose annual assessments for solid
waste (garbage and recycling) collection, disposal and administrative services, facilities or programs
against certain property within St. Lucie County.
The Board initially levied recurring assessments on residential properties within the County Solid Waste
Urban Service Area for the purpose of including solid waste fees on property tax bills on September 14,
2004. This method of collection is in lieu of the garbage hauler billing property owners directly for
garbage and recycling services. The purpose for this action is to provide residential property owners and
occupants proper, safe and cost effective disposal residential waste and recyclable materials generated on
such property.
The attached Resolution authorizes the Board to impose assessments for solid waste services for the fiscal
year commencing October 1, 2015 at a rate of $252.06 per dwelling unit, directs the County Administrator
to prepare a preliminary assessment roll for said fiscal year to be collected using the uniform method of
collection on the 2015 property tax bill, and establish a public hearing to be held on September 1, 2015 at
6:00 p.m. or as soon thereafter as may be heard.
PREVIOUS ACTION:
January 13, 2009 - The Board approved advertising the Request for Proposals for Residential Solid Waste
Collection Services.
May 12, 2009 - The Board awarded RFP No. 09-020 to Waste Pro of Florida, Inc. For an initial period of 5
yea rs.
FINANCIAL IMPACT:
N/A
Packet Pg. 311
10.A.1
RECOMMENDATION:
Staff recommends Board adopt the Solid Waste Preliminary Assessment Resolution and authorize the
Chair to sign the Resolution.
COMMISSION ACTION:
Coordination/Signatures
4anWiie 5. McIWCc)dntytorney 7/6/2015
40airaula A. Lewis, District No. 7/21/2015
Updated: 7/14/2015 3:19 PM by Kelly Phelan Page 2
Packet Pg. 312
10.A.1.a
Attachment 'T'
ST. LUCIE COUNTY, FLORIDA
PRELIMINARY ASSESSMENT RESOLUTION
SOLID WASTE
ADOPTED: July 21, 2015
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TABLE OF CONTENTS
Page
SECTION 1.
AUTHORITY................................................................................................. 1ui
SECTION 2.
PURPOSE AND DEFINITIONS.......................................................................
1
m
v,
SECTION 3.
LEGISLATIVE DETERMINATIONS................................................................
11
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L
SECTION 4.
SOLID WASTE COLLECTION AND DISPOSAL SERVICES ..............................
14
SECTION 5.
DETERMINATION OF SOLID WASTE COST;
E
ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE
ASSESSMENTS...........................................................................................15
(L
a�
SECTION 6.
ASSESSMENT ROLL....................................................................................
16
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SECTION 7.
AUTHORIZATION OF PUBLIC HEARING
17
.....................................................
SECTION 8.
NOTICE BY PUBLICATION ..........................................................................
17
0
SECTION 9.
NOTICE BY MAIL........................................................................................
17
U)
SECTION 10.
EFFECTIVE DATE........................................................................................
18
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APPENDIX A. DESCRIPTION OF COUNTY SOLID WASTE URBAN Lh
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SERVICE AREA........................................................................................... A-1 N
B-1 w
APPENDIX B. FORM OF NOTICE TO BE PUBLISHED .......................................................
APPENDIX C. FORM OF NOTICE TO BE MAILED............................................................. C-1 w
Packet Pg. 314
10.A.1.a
RESOLUTION 15-XXX
A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE
COLLECTION AND DISPOSAL OF RESIDENTIAL WASTE AND
RECYCLABLE MATERIALS IN THE COUNTY SOLID WASTE URBAN
SERVICE AREA OF ST. LUCIE COUNTY, FLORIDA; DESCRIBING THE
METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN ST. LUCIE COUNTY; DETERMINING
THE SOLID WASTE COST AND THE PRELIMINARY SOLID WASTE
SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND
DIRECTING THE PROVISION OF NOTICE THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA:
SECTION 1. AUTHORITY.
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This resolution is adopted pursuant to the provisions of Article V, Collection of Solid Waste Lh
and Recyclable Materials, of the St. Lucie County Code, Sections 125.01, 125.66, 197.3632, and N
197.3635, Florida Statutes, and other applicable provisions of law. w
W
SECTION 2. PURPOSE AND DEFINITIONS.
This resolution constitutes the Preliminary Assessment Resolution. All capitalized words
and terms not otherwise defined herein shall have the meanings set forth in Article V, Collection
of Solid Waste and Recyclable Materials, of the St. Lucie County Code. Unless the context
indicates otherwise, words imparting the singular number, include the plural number, and vice
versa. As used in this Preliminary Assessment Resolution, the following terms shall have the
following meanings, unless the context hereof otherwise requires:
"Assessed Property" means all parcels of land included on the Assessment Roll that
receive a special benefit from the delivery of the Residential Waste and Recyclable Materials
collection and disposal services, facilities or programs identified in the Preliminary Assessment
Resolution.
"Assessment Roll" means the special assessment roll relating to a Solid Waste Service
Assessment approved by a Final Assessment Resolution.
"Biomedical Waste" means any solid waste or liquid waste that may present a threat of
infection to humans. The term includes, but is not limited to, non -liquid human tissue and body
1
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10.A.1.a
parts; laboratory and veterinary waste that contain human -disease -causing agents; discarded
disposable sharps; human blood and human blood products and body fluids; and other materials
that in the opinion of the Department of Health represent a significant risk of infection to persons
outside the generating facility. The term does not include human remains that are disposed of by
persons licensed under Chapter 497, Florida Statutes.
"Biological Waste" means solid waste that causes or has the capability of causing disease
or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and
other wastes capable of transmitting pathogens to humans or animals. The term does not include
human remains that are disposed of by persons licensed under Chapter 497, Florida Statutes.
"Board" means the Board of County Commissioners of St. Lucie County, Florida.
"Building" means any structure, whether temporary or permanent, built for the support,
shelter or enclosure of Persons, chattel or property of any kind.
"Bulk Items" means items that require special handling and management because of their W
volume, e.g., tires, Construction and Demolition Debris, White Goods, large household goods and
furniture. "Bulk Items" must have been previously used by the customer at the Dwelling Unit for
which Collection Service is provided. The term "Bulk Items" excludes Exempt Waste.
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"Collection Service" means Residential Waste Collection Service and Recyclable Material w
Collection Service. W
"Commercial Property" means all Improved Property other than Residential Property.
"Construction and Demolition Debris" means discarded materials generally considered
to be not water-soluble and nonhazardous in nature, including but not limited to steel, glass,
brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the
construction or destruction of a structure as part of a construction or demolition project or from
the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative
matter that normally results from land clearing or land -development operations for a
construction project including such debris from construction of structures at a site remote from
the construction or demolition project site. Mixing of construction and demolition debris with
other types of solid waste will cause the resulting mixture to be classified as other than
construction and demolition debris. The term also includes:
1. Clean cardboard, paper, plastic, wood, and metal scraps from a construction
project;
2
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10.A.1.a
2. Except as provided in S. 403.707(9)(j), Florida Statutes, yard trash and unpainted,
nontreated wood scraps and wood pallets from sources other than construction or demolition
projects;
3. Scrap from manufacturing facilities which is the type of material generally used in
construction projects and which would meet the definition of construction and demolition debris
if it were generated as part of a construction or demolition project. This includes debris from
the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and
similar materials from industrial or commercial facilities; and
4. De minimis amounts of other nonhazardous wastes that are generated at
construction or destruction projects, provided such amounts are consistent with best
management practices of the industry.
"County" or any like term, means a political subdivision of the state established pursuant
to 5.1, Art. VIII of the State Constitution and, when S. 403.706(19), Florida Statutes, applies,
means a special district or other entity.
"County Administrator" means the chief executive officer of the County, or the designee
or designees of the County Administrator.
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"County Solid Waste Urban Service Area" means that portion of the unincorporated area w
of the County described on Appendix A. W
"Duplex" shall mean a Building that contains two Dwelling Units.
"Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for residential
purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as
living quarters for one family only.
"DOR Code" means a property use code established in Rule 12D-8.008, Florida
Administrative Code, assigned by the Property Appraiser to Tax Parcels within the County.
"Exempt Waste" means Biological Waste, Hazardous Waste, Sludge, automobiles,
automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead acid
batteries, used oil, any material for which there is no legally permitted disposal or storage facility
within the County. However, tires on rims, rims, small boat and auto parts under SO Ibs are not
exempt.
"Final Assessment Resolution" means the resolution adopted in which Solid Waste
Service Assessments are imposed which shall confirm, modify, or repeal the Preliminary
ic3
Packet Pg. 317
10.A.1.a
Assessment Resolution and which shall be the final proceeding for the annual imposition of Solid
Waste Service Assessments.
"Fiscal Year" means that period beginning October 1st of each year and ending on
September 30th of the subsequent year.
"Garbage" means all putrescible waste which generally includes, but is not limited to,
kitchen and table food waste, vegetative, food or any organic waste that is attendant with, or
results from the storage, preparation, cooking or handling of food material.
"Hazardous Waste" means solid waste, or a combination of solid wastes, which, because
of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
significantly contribute to, an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness or may pose a substantial present or potential hazard to human
health or the environment when improperly transported, disposed of, stored, treated, or
otherwise managed. The term does not include human remains that are disposed of by persons
licensed under Chapter 497, Florida Statutes.
"Household Waste" means Garbage and Rubbish generated by a Dwelling Unit for which
Collection Service is provided hereunder. The term "Household Waste" does not include
Exempt Waste or Bulk Items. N
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"Improved Property" means all property within the County on which a Building or other
improvements including, but not limited to, facilities providing retail electrical service to such o
property have been placed or constructed, which improvements result in such property
generating Residential Waste or being capable of generating Residential Waste. N
"Improvement Codes" mean the property use codes assigned by the Property Appraiser
to Tax Parcels within the County.
"Preliminary Assessment Resolution" means the annual resolution adopted in any year
in which Solid Waste Service Assessments are imposed which shall be the initial proceeding for
the identification of the Solid Waste Cost for which an assessment is to be made and for the
imposition of a Solid Waste Service Assessment.
"Land Clearing Debris" means vegetative matter resulting from a comprehensive land
clearing operation, but does not include Yard Trash.
"Mobile Home" means manufactured homes, trailers, campers and recreational vehicles
"Multiple Single -Family Attached Units" means single-family dwelling units constructed
in a series, row, or group, including four units or more with common walls or separate walls
4
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10.A.1.a
abutting each other, separated by a nominal space of not less than two inches, or which have an
independent entrance.
"Owner" means the Person reflected as the owner of Assessed Property on the Tax Roll
"Property Appraiser" means the St. Lucie County Property Appraiser.
"Recyclable Material" means those materials that are capable of being recycled and that
would otherwise be processed or disposed of as solid waste.
"Recyclable Material Collection Service" means the process whereby Recyclable Material
is removed from a Dwelling Unit, processed and marketed by Contractor.
"Residential Property" means a parcel of Improved Property on which a Single -Family
Residence, Mobile Home, Duplex or Triplex is located; provided, however, that "Residential o
Property" does not include (A) property on which a Mobile Home is located that is classified as
either "PUD," "HIRD," "RE-211, "CG," "CN," "CO," or "RVP" under the County's zoning regulation,
or (B) a parcel of property on which more than one Single -Family Residence, Mobile Home,
Duplex or Triplex is located; or (C) any Dwelling Unit located on a parcel of property that shares
a common wall with one or more other Dwelling Units on other parcels of property not under
common ownership. Residential property shall not include any County owned property. N
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"Residential Waste" includes Household Waste, Yard Trash and Bulk Items. W
"Residential Waste Collection Service" means the process whereby Residential Waste is
removed from a Dwelling Unit and transported to a Solid Waste Disposal Facility.
"Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or paper
boxes and containers, sweep -ups and all other accumulations of a nature other than Garbage,
which are usual to housekeeping; also any bottles, cans or other containers not containing
Garbage.
"Single -Family Residence" shall mean a Building that contains a single Dwelling Unit
"Sludge" includes, the accumulated solids, residues, and precipitates generated as a
result of waste treatment or processing, including wastewater treatment, water supply
treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped
from septic tanks, grease traps, privies, or similar waste disposal appurtenances.
"Solid Waste Service Assessment" means a special assessment lawfully imposed by the
County against Assessed Property to fund all or any portion of the cost of the provision of
Residential Waste and Recyclable Materials collection and disposal services, facilities, or
5
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programs providing a special benefit to property as a consequence of possessing a logical
relationship to the value, use, or characteristics of the Assessed Property.
"Solid Waste Cost" means the amount necessary to fund the County's collection and
disposal of Residential Waste and the recycling activities of Recyclable Materials that are E
allocable to Assessed Property during a Fiscal Year and shall include, but not be limited to: (A)
the cost, whether direct or indirect, of all services, programs or facilities provided by the County, a
or through contractual arrangements with the County relating to Residential Waste and
Recyclable Materials management, collection and disposal activities; (B) the cost of any
indemnity or surety bonds and premiums for insurance; (C) the cost of salaries, volunteer pay, E
workers' compensation insurance, or other employment benefits; (D) the cost of computer a
services, data processing, and communications; (E) the cost of training, travel and per diem; (F) r
the recovery of unpaid or delinquent fees or charges advanced by the County and due for v
Residential Waste and Recyclable Materials management, collection, and disposal services,
programs or facilities allocable to specific parcels; (G) the cost of engineering, financial, legal or o
other professional services; (H) all costs associated with the structure, implementation, `n
collection, and enforcement of the Solid Waste Service Assessments or a prior year's assessment
for a comparable service, facility or program, including any service charges of the Tax Collector
or Property Appraiser; (1) all other costs and expenses necessary or incidental to the acquisition,
provision, or delivery of the services, programs or facilities funded by the Solid Waste Service
Assessment, and such other expenses as may be necessary or incidental to any related financing N
authorized by the Board; (J) a reasonable amount for contingency and anticipated delinquencies w
and uncollectible Solid Waste Service Assessments; and (K) reimbursement to the County or any
other Person for any monies advanced for any costs incurred by the County or such Person in o
connection with any of the foregoing items of Solid Waste Cost.
"Solid Waste Disposal Facility" means any solid waste management facility that is the
final resting place for solid waste, including landfills and incineration facilities that produce ash
from the process of incinerating municipal solid waste.
"Tax Collector" means the St. Lucie County Tax Collector.
"Tax Roll" means the real property ad valorem tax assessment roll maintained by the
Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Triplex" shall mean a Building that contains three Dwelling Units.
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida
Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on
the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder.
[7
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"White Goods" includes discarded air conditioners, heaters, refrigerators, ranges, water
heaters, freezers, and other similar domestic and commercial large appliances.
"Yard Trash" means vegetative matter resulting from yard landscaping maintenance and
land clearing operations and includes associated rocks and soils.
SECTION 3. LEGISLATIVE DETERMINATIONS.
It is hereby ascertained, determined and declared that the Solid Waste Costs provide a
special benefit to the Assessed Property based upon the following legislative determinations:
(A) Pursuant to Article VIII, Section 1, Florida Constitution, and Sections 125.01 and
125.66, Florida Statutes, the Board has all powers of local self-government to perform County
functions and to render County services except when prohibited by law, and such power may be
exercised by the enactment of legislation in the form of County ordinances and resolutions.
(B) In addition to its powers of self-government, the Board is authorized by Section
125.01(1)(r), Florida Statutes, to impose Solid Waste Service Assessments in all or a portion of
the unincorporated area. Additionally, the Board derives authority to impose Solid Waste
Service Assessments from the home rule power of counties in Article VIII, Section 1(f), Florida
Constitution, Section 125.01, Florida Statutes, and specifically Section 125.01(1)(r), Florida N
Statutes. LU
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(C) This Resolution authorizes the imposition of Solid Waste Service Assessments
within the County Solid Waste Urban Service Area.
(D) It is fair and reasonable to use the Improvement Codes and DOR Codes to
apportion the Solid Waste Cost among parcels of Assessed Property located within the County
Solid Waste Urban Service Area because: (1) the Tax Roll database employing the use of such
property use codes is the most comprehensive, accurate, and reliable information readily
available to determine the property use and number of Dwelling Units for Improved Property
within the County Solid Waste Urban Service Area, and (2) the Tax Roll database is maintained
by the Property Appraiser and is consistent with the coding of parcel designations on the Tax Roll
which compatibility permits the development of an Assessment Roll in conformity with the
requirements of the Uniform Assessment Collection Act.
(E) Pursuant to Section 403.706(1), Florida Statutes, the County has the general
responsibility and authority to provide for the collection and transport of Residential Waste and
Recyclable Materials generated within its unincorporated area to appropriate Solid Waste
Disposal Facilities.
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(F) The existence of any Building or other improvement on Improved Property results
in such property generating Residential Waste and Recyclable Materials or being capable of
generating Residential Waste and Recyclable Materials.
(G) Whether imposed throughout the entire County or a portion thereof, the
imposition of a recurring annual Solid Waste Service Assessment is an alternative, equitable and
efficient method to fairly and reasonably apportion and recover the Residential Waste and
Recyclable Materials management, collection, and disposal costs experienced by the County
among the parcels of Residential Property within the County Solid Waste Urban Service Area.
(H) The size or value of Residential Property does not determine the scope and cost
of Residential Waste and Recyclable Materials management, collection, and disposal services to
be provided to such property. The use of Residential Waste and Recyclable Materials
management, collection, and disposal services, facilities, and programs are driven by the
existence of a Dwelling Unit and the average occupant population.
(1) Apportioning the Solid Waste Costs for Residential Waste collection and disposal
services provided to Residential Property within the County Solid Waste Urban Service Area on a
per Dwelling Unit basis is compatible with the use of the Tax Roll database, is required to avoid
cost inefficiency and unnecessary administration, and is a fair and reasonable method of
apportioning Solid Waste Costs. N
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0) The use of the uniform method of collection authorized in the Uniform
Assessment Collection Act provides a mechanism to equitably and efficiently collect Solid Waste o
Service Assessments for Residential Waste and Recyclable Materials management, collection,
and disposal service, facilities, and programs allocable to specific parcels of Assessed Property
within the County Solid Waste Urban Service Area.
(K) The annual Solid Waste Service Assessment to be imposed pursuant to this
Resolution shall constitute non -ad valorem assessments within the meaning and intent of the
Uniform Assessment Collection Act.
(L) The Solid Waste Service Assessment imposed pursuant to this Resolution is
imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property
Appraiser or Tax Collector under the provision of the Uniform Assessment Collection Act and the
Interlocal Agreement with the Property Appraiser shall be construed as ministerial.
(M) Residential Waste and Recyclable Materials management, collection, and disposal
services, facilities, and programs furnished by the County provide a special benefit and possess a
logical relationship to the use and enjoyment of Residential Property by providing: (1)
Residential Waste and Recyclable Materials management, collection, and disposal services,
facilities, and programs to the Owners and occupants of Residential Property for proper, safe,
8
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and cost effective disposal of Residential Waste and Recyclable Materials generated on such
property, (2) better service to Owners and tenants, (3) the enhancement of environmentally
responsible use and enjoyment of Residential Property, and (4) the protection and possible
enhancement of property values and the health and safety of the Owners and occupants of
Residential Property resulting from the uniform delivery and availability of such services,
facilities, and programs.
(N) It is hereby ascertained, determined, and declared that each parcel of Assessed
Property will be benefitted by the County's provision of Residential Waste and Recyclable
Materials management, collection, and disposal services, facilities and programs in an amount
not less than the Solid Waste Service Assessment upon such parcel computed in the manner set
forth in this Preliminary Assessment Resolution.
SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES.
(A) Upon the imposition of Solid Waste Service Assessments for Residential Waste
and Recyclable Materials management, collection, and disposal against Assessed Property LU
located within the County Solid Waste Urban Service Area, the County shall cause Residential
Waste and Recyclable Materials management, collection, and disposal services to be provided to r
such Assessed Property. Solid Waste Costs shall be paid from proceeds of the Solid Waste Lh
Service Assessments. N
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(B) The provision of comprehensive Residential Waste and Recyclable Materials
management, collection, and disposal services and programs furnished by or through the County o
Solid Waste Urban Service Area to Residential Property enhances and strengthens the
relationship of such services and programs to the use and enjoyment of Residential Property
within the County Solid Waste Urban Service Area.
SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF PRELIMINARY
SOLID WASTE SERVICE ASSESSMENTS.
(A) The Solid Waste Cost to be assessed and apportioned among benefitted parcels
for the Fiscal Year commencing October 1, 2015, is approximately $4,860,472.98. The approval
of this Preliminary Assessment Resolution determines the amount of the Solid Waste Cost. The
remainder of such Fiscal Year budget for Residential Waste and Recyclable Materials services and
facilities shall be funded from available County revenue other than Solid Waste Service
Assessments.
(B) For the Fiscal Year in which Solid Waste Service Assessments for Residential Waste
and Recyclable Materials management, collection, and disposal services, facilities and programs
are imposed, the Solid Waste Cost shall be allocated among all parcels of Assessed Property,
based upon each parcels' classification as Residential Property and the number of Dwelling Units
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10.A.1.a
for such parcels. A rate of assessment equal to $252.06 for each Dwelling Unit for Residential
Waste and Recyclable Materials management, collection, and disposal services is hereby
approved for the Fiscal Year commencing on October 1, 2015. In addition to the Solid Waste
Service Assessments for Residential Waste and Recyclable Materials for the Fiscal Year, the Solid
Waste Cost due from any property for prior Fiscal Years which is delinquent shall be assessed
against such Residential Property.
(C) The rate of the Solid Waste Service Assessments established in this Preliminary
Assessment Resolution shall be the rates applied by the County Administrator in the preparation
of the Preliminary Assessment Roll for the Fiscal Year commencing October 1, 2015, as provided
in Section 6 of this Preliminary Assessment Resolution.
SECTION 6. ASSESSMENT ROLL.
(A) The County Administrator is hereby directed to prepare, or cause to be prepared, o
a Preliminary Assessment Roll for the Fiscal Year commencing October 1, 2015. Such
Preliminary Assessment Roll shall contain the following: (1) a summary description of all LU
Assessed Property within the County Solid Waste Urban Service Area conforming to the
description contained on the Tax Roll, (2) the name and address of the Owner of record of each r
parcel as shown on the Tax Roll, and (3) the amount of the Preliminary Solid Waste Service Lh
Assessment for Residential Waste and Recyclable Materials management, collection, and N
disposal services. The Preliminary Assessment Roll shall be open to public inspection. The w
foregoing shall not be construed to require that the Preliminary Assessment Roll be in printed
form if the amount of the Solid Waste Service Assessment for each parcel of property can be o
determined by use of a computer terminal available to the public. Such Solid Waste Service
Assessment for each parcel of Assessed Property shall be computed by multiplying the
assessment rate by the number of Dwelling Units on such parcel. A separate Assessment Roll
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containing the above information shall also be prepared for any Residential Property that is
delinquent in payments of the Solid Waste Cost for prior Fiscal Years.
(B) It is hereby ascertained, determined, and declared that the foregoing method of
determining the Solid Waste Service Assessments for Residential Waste and Recyclable Materials
management, collection, and disposal services (1) is a fair and reasonable method of
apportioning the Solid Waste Cost among parcels of Assessed Property and (2) is an equitable
and efficient mechanism to address payment delinquencies and recover funds advanced for
Residential Waste and Recyclable Materials management, collection, and disposal services,
facilities, and programs which are allocable to specific parcels of Assessed Property.
LEI:1�e�3TiLci
There is hereby established a public hearing to be held at 6:00 p.m. on September 1, 2015,
in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration
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10.A.1.a
Annex, 2300 Virginia Avenue, Fort Pierce, Florida, forth e purpose of (A) receiving and considering
any comments on the Solid Waste Service Assessments from affected property owners and (B)
authorizing the imposition of such Solid Waste Service Assessments for Residential Waste and
Recyclable Materials management, collection, and disposal and collection on the same bill as ad
valorem taxes.
SECTION 8. NOTICE BY PUBLICATION.
The County Administrator shall publish a notice, as required by the Uniform Assessment
Collection Act, in substantially the form attached hereto as Appendix B. Such notice shall be
published not later than August 5, 2015 in a newspaper generally circulated in the County.
SECTION 9. NOTICE BY MAIL.
The County Administrator shall provide notice by first class mail to the Owner of each o
parcel of Assessed Property that was subject to the Solid Waste Assessment for the first time, is
being assessed for a delinquency in the payment of the Solid Waste Cost for prior Fiscal Years or LU
as otherwise required by the Uniform Assessment Collection Act, in substantially the form
attached hereto as Appendix B. Such notices shall be mailed not later than August 5, 2015. r
For purposes of the Solid Waste Assessment, the amount of the assessment levied in Fiscal Year Lh
2015-2016 shall be deemed the maximum rate authorized by law. N
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SECTION 10. EFFECTIVE DATE. W
This Preliminary Assessment Resolution shall take effect immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 21s' day of July 2015.
(SEAL)
ATTEST:
By:
Deputy Clerk
11
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
By:
Chair
APPROVED FOR FORM AND
CORRECTNESS:
By:
County Attorney
Packet Pg. 325
10.A.1.a
APPENDIX A
DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA
The County Solid Waste Urban Service Area is described as that portion of the
unincorporated area of the County lying to the east of the following described line:
begin at the point Interstate 95 enters the County from Indian River County and run southerly c
along Interstate 95 along Interstate 95 to Angle Road; then run westerly along Angle Road to E
Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly
a
along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road;
then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along
Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road;
then run westerly along Glades Cutoff Road to C-24 Canal; then run southerly along C-24 Canal o
to Juliette Avenue; then run westerly along Juliette Avenue to Salvatierra Boulevard; then run U)
southerly along Salvatierra Boulevard to Tanforan Boulevard; then run easterly along Tanforan LU
Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters
Martin County. r
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APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To be published on or before August 5, 2015
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS
Notice is hereby given that the Board of County Commissioners of St. Lucie County, Florida
(the "Board") will conduct a public hearing to consider imposing solid waste special assessments
against certain improved residential properties located within the County Solid Waste Urban
Service Area to fund the cost of solid waste management, collection, and disposal services,
facilities and programs provided to such properties and to authorize collection of such
assessments on the tax bill.
The hearing will be held in the County Commission Chambers at 6:00 p.m. on September
1, 2015, or as soon thereafter as the matter may be heard in the St. Lucie County Commission
Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia
Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed
assessments. All affected property owners have a right to appear at the hearing and to file
written objections with the Board within 20 days of this notice. If a person decides to appeal N
any decision made by the Board with respect to any matter considered at the hearing, such w
person will need a record of the proceedings and may need to ensure that a verbatim record is
made, including the testimony and evidence upon which the appeal is to be made. In o
accordance with the Americans with Disabilities Act, persons needing a special accommodation
or an interpreter to participate in this proceeding should contact George Landry, Safety and Risk
Manager at (772) 462-1546 or TDD (772) 462-1428, at least seven days prior to the date of the
hearing. m
The assessments will be computed by multiplying the number of dwelling units on each
parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year shall be
$252.06 per dwelling unit. The maximum rate of assessment that can be charged in future fiscal
years without additional notice shall be $252.06 per dwelling unit. Copies of the assessment
roll, showing the amount of the assessment to be imposed against each parcel of property, and
the legal documentation for the assessment program are available for inspection at the Office of
the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107 Fort Pierce, Florida.
The assessments will be collected on the ad valorem tax bill to be mailed in November
2015, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will
cause a tax certificate to be issued against the property which may result in a loss of title.
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10.A.1.a
If you have any questions, please contact the County at (772) 462-1631, Monday through
Friday between 8:00 a.m. and 5:00 p.m.
[INSERT MAP OF COUNTY]
Howard N. Tipton
County Administrator
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10.A.1.a
APPENDIX C-1 AND C-2
FORM OF NOTICE TO BE MAILED
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10.A.1.a
APPENDIX C-1
******NOTICE TO PROPERTY OWNER******
ST. LUCIE COUNTY, FLORIDA NOTICE OF
HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF NON -AD VALOREM
ASSESSMENTS
St. Lucie County
2300 Virginia Avenue NOTICE DATE: August 5, 2015
Owner Tax Parcel #
Address Legal Description:
City, State, Zip
U)
As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County LU
Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments
for solid waste services (garbage and yard waste collection) using the tax bill collection method, r
may be levied on your property. The use of an annual special assessment to fund solid waste Lh
services benefitting improved residential property located within the County Solid Waste Urban N
Service Area is a fair, efficient and effective manner to fund solid waste services. The total LU
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annual solid waste assessment revenue to be collected within the County Solid Waste Urban
Service Area is estimated to be $4,860,472.98. The annual solid waste assessment is based on o
the number of residential dwelling units contained on each parcel of property.
The following is a summary of the non -ad valorem special assessments being imposed on the
above parcel for the fiscal year beginning October 1, 2015.
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units on the above parcel is 1 dwelling units.
The annual solid waste assessment for the above parcel is $252.06 for fiscal year 2015-2016 and
shall constitute the maximum amount of the assessment for future fiscal years, unless a new
resolution is subsequently adopted by the Board.
A public hearing will be held at 6:00 p.m. on September 1, 2015 or as soon thereafter as may be
heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County
Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving
public comment on the proposed assessments. All owners of improved residential property
within the County Solid Waste Urban Service Area were mailed individual notices similar to this
16
Packet Pg. 330
10.A.1.a
one. Subsequent to this year, only owners of reclassified property which resulted in an
increased assessment, or owners of property not included on the prior years assessment roll will
receive updated mailed notice in addition to the annual published notice, provided that the
amount levied does not exceed the maximum amount of the assessment as set forth herein. You
and all other affected property owners have a right to appear at the hearing and to file written
objections with the Board within 20 calendar days of the date of this notice. If you decide to
appeal any decision made by the Board of County Commissioners with respect to any matter
considered at the hearing, you will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be made. In accordance with the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter to participate in this proceeding should contact the George
Landry, Safety and Risk Manager at (772) 462-1546 or telecommunications device for the deaf at
(772) 462-1428, at least seven (7) days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 0
days from the date of Board's action at the above hearing (including the method of
apportionment, the rate of assessment and the imposition of assessments), such action shall be
the final adjudication of the issues presented.
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Copies of the legal documentation for the assessment program are available for inspection at the
Office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107, Fort Pierce, N
Florida. LU
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The special assessment amount shown on this notice and the ad valorem taxes for the above
parcel will be collected on the ad valorem tax bill mailed in November of each year that the
assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued
against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions, please contact
the County at (772) 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p.m.
*****THIS IS NOT A TAX BILL*****
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10.A.1.a
APPENDIX C-2
* * * * * NOTICE TO PROPERTY OWNER * * * * *
ST. LUCIE COUNTY
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Owner
Address
City, State Zip
ST. LUCIE COUNTY, FLORIDA
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF NON -AD
VALOREM ASSESSMENTS
NOTICE DATE: AUGUST 5, 2015
NOTICE OF ASSESSMENT FOR "UNCOLLECTED" SOLID WASTE SERVICE ASSESSMENT FEES DUE
FOR FISCAL YEAR 2014-2015 (OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015).
As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County
Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments
for solid waste services (garbage, recycling and yard waste collection and disposal service) using
the tax bill collection method, may be levied on your property. The use of an annual special
assessment to fund solid waste services benefitting improved residential property located within
the County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund solid
waste services. The total annual solid waste assessment revenue to be collected within the
County Solid Waste Urban Service Area for "uncollected" solid waste service assessment fees is
estimated to be $4,860,472.98. The annual solid waste assessment is based on the number of
residential dwelling units contained on each parcel of property.
The following is a summary of the solid waste service assessments that were erroneously not
collected for the above parcel for the fiscal year beginning October 1, 2014. This amount is in
addition to the solid waste non -ad valorem assessment for the fiscal year beginning October 1,
2015.
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units on the above parcel is 1 dwelling units.
The annual solid waste assessment for the above parcel is $252.06 for fiscal year 2015-16 and
shall constitute the maximum amount of the assessment for future fiscal years, unless a new
resolution is subsequently adopted by the Board.
F11:3
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10.A.1.a
A public hearing will be held at 6:00 p.m. on September 1, 2015, or as soon thereafter as may be r
heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County o
Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving
public comment on the proposed assessments. All owners of improved residential property
within the County Solid Waste Urban Service Area were mailed individual notices similar to this E
one. Subsequent to this year, only owners of reclassified property which resulted in an
increased assessment, or owners of property not included on the prior years assessment roll will a
receive updated mailed notice in addition to the annual published notice, provided that the
amount levied does not exceed the maximum amount of the assessment as set forth herein. You
and all other affected property owners have a right to appear at the hearing and to file written E
objections with the Board within 20 calendar days of the date of this notice. If you decide to a
appeal any decision made by the Board of County Commissioners with respect to any matter r
considered at the hearing, you will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be made. In accordance with the Americans with Disabilities Act, persons needing a special o
accommodation or an interpreter to participate in this proceeding should contact the George `n
Landry, Safety and Risk Manager at (772) 462-1546 or telecommunications device for the deaf at
(772) 462-1428, at least seven (7) days prior to the date of the hearing.
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Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20
days from the date of Board's action at the above hearing (including the method of N
apportionment, the rate of assessment and the imposition of assessments), such action shall be w
the final adjudication of the issues presented. W
Copies of the legal documentation for the assessment program are available for inspection at the
Office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107 Fort Pierce,
Florida.
The special assessment amount shown on this notice and the ad valorem taxes for the above
parcel will be collected on the ad valorem tax bill mailed in November of each year that the
assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued
against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions, please contact
the County at (772) 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p.m.
*****THIS IS NOT A TAX BILL*****
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10.A.2
ITEM NO. (ID # 2972)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 07/21/2015
*REGULAR AGENDA\COUNTY
ATTORNEY
Agreement with Green3Power St. Lucie, LLC - Development of a
Gasification Facility to Process Municipal Solid Waste for St. Lucie County
St. Lucie County's Solid Waste Department already has implemented several measures to minimize the
amount of solid waste that is placed in the County's landfills. The County has developed and is operating
a baling facility, which compresses the County's "Class I" waste (e.g., garbage) and thus reduces the
volume of material that is placed in the County's landfill. The County also operates a "C&D" recycling
facility where recyclable material are removed from construction and demolition debris. In addition, the
County operates a recycling facility where recyclable materials are sorted and prepared for marketing.
These three (3) facilities help reduce the amount of waste that is disposed of in the County's landfills.
The successful implementation of these facilities has significantly extended the useful life of the County's
landfills.
The goal of the Solid Waste Department is to find a new technology that can be used to supplement and
enhance the County's existing solid waste management operations. To be considered a viable option, the
technology has to be proven, cost-effective, and more environmentally friendly than traditional methods
of solid waste disposal. A proven technology is one that can be observed in a commercial scale operation.
A cost effective technology is one that can be implemented without increasing the rates (a/k/a "tipping
fees") that the County charges its residents for the disposal of solid waste.
The County Staff believes that certain modern "Conversion Technologies" might meet these criteria.
Conversion Technologies means "an innovative technology that uses energy to convert Municipal Solid
Waste into gases or elements (e.g., carbon, hydrogen, gaseous or liquid fuels) that, in turn, are used for
the production of useful products (e.g., electricity, steam, fuel)."
In 2006 and again in 2012, the County issued a Request for Qualifications ("RFQ") because the County
wanted to solicit information from companies that are capable of successfully providing a viable
Conversion Technology to the County. Both times, the County entered into negotiations with vendors
that offered to provide a technology that would meet the County's needs. Both times, the negotiations
were unsuccessful. Among other things, the vendors discovered it was extremely difficult or impossible
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for them to provide their services and technologies for a price that was acceptable to the County. More
specifically, the vendors could not obtain financing to construct their proposed facilities unless the County
agreed to raise the waste disposal rates (tipping fees) paid by the County's residents.
On September 7, 2014 the County issued a new RFQ (RFQ No. 14-057) for companies that are interested
in using a Conversion Technology to process municipal solid waste for St. Lucie County. Three hundred
thirty-one (331) companies were notified about the RFQ and twenty-seven (27) copies of the RFQ
documents were distributed. Proposals were submitted to the County by six (6) companies:
Barker Consulting & Partners ("Barker") and a team that includes VASST Energy Concepts, Inc.
("VASST")
Carbon Cycle Power
Enstorga USA, Inc. and Chemtex International
Green Energy & Development Inc. and Advanced Conversion Technologies, LLC
Green Photon Power
Green Power Operations, Inc. aka Green3Power St. Lucie, LLC ("Green3Power")
A Selection Committee was appointed to review the proposals. The Selection Committee was comprised
of five (5) members of the County Staff:
Robert Bentkofsky, Deputy County Administrator
Craig Hauschild, Assistant County Engineer
Ed Matthews, Parks, Recreation & Facilities Director
Mike Powley, County Engineer
Ron Roberts, Solid Waste Director
On February 18, 2015, the Selection Committee evaluated, scored, and ranked all of the proposals that
were received in response to the County's RFQ. Based on the scores established by the Selection
Committee, the vendors were ranked as follows:
1. Green Power Operations, Inc. a/k/a Green3Power St. Lucie, LLC (440 points)
2. Carbon Cycle Power (420 points)
3. Enstorga USA/Chemtex (345 points)
4. Barker/VASST (338 points)
5. Green Energy/Advanced Conversion Technologies (326 points)
6. Green Photon Power (326 points)
At the Board's meeting on April 21, 2015, the Board approved the Selection Committee's
recommendation to create a short list with the two highest ranked firms. The Board also approved the
Selection Committee's recommendation to commence negotiations with Green3Power.
Updated: 7/13/2015 11:53 AM by Kelly Phelan Page 2
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Based on the Board's decisions as noted above, the Staff met with Green3Power and negotiated the
terms of a draft contract for a Conversion Technology. Attached for your review is a proposed
"Agreement for the Development and Operation of a Gasification Facility" ("Agreement") between the
County and Green3Power St. Lucie, LLC. Also attached for your review is a memorandum from David S.
Dee, Esq., the County's special counsel, which identifies some of the significant issues that are addressed
in the proposed Agreement.
PREVIOUS ACTION:
On March 31, 2015, an agenda item concerning RFQ No. 14-057 was submitted to the Board from the
County Attorney's office. This agenda item requested the Board's approval of the short list for RFQ No.
14-057 and also requested permission for Staff to negotiate with the highest ranked firm. This item was
pulled from the Board's agenda after VASST filed a written protest. On April 21, 2015, the Board denied
VASST's protest and directed staff to negotiate an agreement with the highest ranked firm (Green3Power
St. Lucie, LLC).
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends (1) Board approval of the Agreement for the Development and Operation of a
Gasification Facility between the County and Green3Power St. Lucie, LLC, and (2) Board authorization for
the Chair to sign the Agreement on behalf of the County.
COMMISSION ACTION:
Coordination/Signatures
A"�
Heather Young, Asst. County Attorney 7/9/2015
Updated: 7/13/2015 11:53 AM by Kelly Phelan Page 3
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Gardner, Bist, Bowden, Bush,
GBANDee, LaVia c.' Wright, P.A.
ATTOR.n'EYSATL�i 6V
1300 Tliomaswood Drive
Tallahassee, Florida 32308 caries Duncan
Michael P. Bist R. Gardner
Garvin B. Bowden* www.gbwlegalcom John T. LaVla, III
www.gbwlegal.com B. Bush Telephone Facsimile Robert Scheffel -Schef Wright
David S. Dee 850.385.0070 850.385.5416 'Board Certified Rent Estate Lawyer
July 9, 2015
Daniel S. McIntyre
St. Lucie County Attorney
2300 Virginia Avenue, 3rd Floor
Administrative Annex
Ft. Pierce, Florida 34982
Re: St. Lucie County's Proposed Agreement with Green3Power
Dear Mr. McIntyre:
St. Lucie County ("County") hired this law firm to assist the County with various issues
affecting the County's solid waste management programs.' In our capacity as outside counsel,
we have participated in the County's negotiations with Green3Power St. Lucie, LLC
("Green3Power") concerning the development and operation of a gasification facility ("Facility")
that will be built on the County's property. We also helped the County prepare a draft
"Agreement for the Development and Operation of the St. Lucie Gasification Facility"
("Agreement") dated July 9, 2015. The draft Agreement will be presented to the Board of
County Commissioners ("Board") for consideration during the Board meeting on July 21, 2015.
This letter identifies and summarizes some of the provisions in the draft Agreement that should
be considered by the Board.2
' The capitalized words and phrases in this letter are defined in Schedule 1, which is attached to the Agreement.
2 We have relied upon the expertise of the County's staff and consultants when preparing the Agreement and this
letter. The County's staff and consultants considered Green3Power's proposed technology when the County
evaluated the proposals that were submitted in response to the County's Request for Qualifications (RFQ No. 14-
057). The County's staff and consultants also considered the potential impacts of the County's proposed business
arrangement with Green3Power on the County's solid waste operations, the County's finances, and the environment.
Although this letter identifies some technical, financial, and policy issues for your consideration, these issues are
outside the scope of our legal analysis and, therefore, we express no opinions about them.
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I. Overview of the Agreement
The proposed Agreement contains the general concepts that will guide the County and
Green3Power as they move forward with the implementation of their plans for the development
of the proposed gasification Facility. These general concepts are summarized in Section 1.1 of
the Agreement, which provides as follows:
1.1. General Scope of Services
This Section. 1.1 describes the general scope of the Parties' duties under this
Agreement. The general requirements in this Section 1.1 are supplemented by the
specific requirements in other sections of this Agreement. Subject to the conditions
contained herein:
(a) the County will lease a parcel of land (i.e., the "Site") at the
Complex [i.e., the location of the County's solid waste management facilities on Glades
Cut -Off Road] to the Developer [Green3Power];
(b) the Developer will design, permit, finance, construct, own, operate,
and maintain a gasification facility ("Facility") on the County's Site;
(c) the Developer will build a new Maintenance Building and new
Office Building for the County at the Complex, demolish the County's existing
Maintenance Building and Office Building, and then begin construction of the Facility;
(d) when the Facility is built, the County will deliver certain types and
quantities of Solid Waste to the Facility, which the Developer will Process in the Facility;
(e) the Developer will use the Facility to gasify waste material for the
County and then the Developer will use the synthesis gas to generate electricity and
produce Diesel Fuel;
(f) the County will pay Processing Fees to Developer for Processing
the County's Solid Waste;
(g) Developer will pay all costs and receive all revenues associated
with the Processing of Solid Waste, the production of electricity and Diesel Fuel, and the
Developer's other activities at the Facility;
(h) Developer will operate and maintain the County's existing C&D
Recycling Facility;
(i) Developer will provide all labor, services, supervision, materials,
and equipment necessary to fulfill Developer's obligations under this Agreement;
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0) Developer will comply at all times with the requirements in this
Agreement and Applicable Law;
(k) Developer will perform all of its work and fulfill all of its
obligations under this Agreement at Developer's sole expense, in exchange for the
Processing Fees and other payments that are expressly authorized herein; and
(1) Upon the expiration or termination of this Agreement, the
Developer will close the Facility and remove its equipment and personal property from
the Site.
The Agreement imposes a variety of obligations on the County, but it primarily requires
the County to: (1) provide land where the Facility can be built; (2) deliver certain types and
quantities of Solid Waste to the Facility; and (3) pay Processing Fees to Green3Power. The
Agreement also imposes a variety of obligations on Green3Power, but it primarily requires
Green3Power to design, permit, finance, construct, maintain, own, and operate the Facility.3
Green3Power's preliminary Site Development Plano shows that the proposed Facility will
be built in an area where it will encroach upon the County's existing Office Building and
Maintenance Building. Accordingly, Green3Power proposes to build a new office building and a
new maintenance building for the County and then demolish the County's existing buildings. In
addition, Green3Power wishes to operate the County's existing C&D Recycling Facility (i.e., the
facility where the County receives, sorts, separates, and recycles construction and demolition
debris).
The Agreement is based on the assumption that the County and Green3Power will
negotiate and execute at least two or three more contracts before Green3Power commences
construction on the County's Site.S Specifically, the County and Green3Power need to negotiate
and execute: (1) a lease authorizing Green3Power to construct its Facility on the County's
property; (2) a contract requiring Green3Power to build a new maintenance building and a new
office building for the County before Green3Power demolishes the County's existing
Maintenance Building and Office Building; and (3) a contract authorizing Green3Power to
operate the County's C&D Recycling Facility. Each of these contracts will need to be reviewed
and approved by the Board of County Commissioners.
II. Specific Requirements in the Agreement
Some of the major concepts in the Agreement are summarized in the following sections
of this letter. This letter also contains footnotes that identify the relevant sections of the
3 See Section 1.1 of the Agreement. All of the following citations in this letter refer to the sections in the
Agreement.
4 Schedule 2 (Proposed Facilities), which is attached to the Agreement.
5 Section 1.4.
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Agreement. You should carefully review the entire Agreement to obtain a more complete
understanding of the terms and conditions in the Agreement.
A. The Term of the Agreement
The initial term of the Agreement will begin on the Effective Date (i.e., the date when the
Agreement is signed by both Parties).6 The Agreement will remain in effect for 20 years after
the Commencement of Operations at the Facility, unless the Agreement is terminated earlier.
The term of the Agreement shall be renewed automatically and extended for an additional 10
years, unless one of the Parties objects to the extension. Consequently, the Agreement is
expected to govern the Parties' relationship for at least 20 years and perhaps 30 years or more.
B. The Schedule for Constructing and Operating the Facility
Under the Agreement, Green3Power must comply with two major deadlines. First,
Green3Power must commence construction of the Facility within 545 days (approximately 18
months) after the Effective Date. Second, Green3Power must complete the construction of the
Facility, and Green3Power must complete the Startup and Commissioning Period (i.e., the period
when the initial performance testing of the Facility is conducted), within 545 days after the
Commencement of Construction.8 However, the deadline for the Commencement of
Construction and the deadline for the completion of the Startup and Commissioning Period may
be extended with the written consent of both Parties. These deadlines also may be extended if
there is a Force Majeure event, such as a hurricane or a Change in Law that delays
Green3Power's performance.
C. The Site
Under the Agreement, the County will allow Green3Power to lease and use some of the
County's property as the Site for the construction and operation of Green3Power's Facility.9 The
proposed Site is approximately 8 acres in size. The Site includes the County's Baling Building
(i.e., the building where the County currently receives and compacts solid waste into bales before
the solid waste is taken to the County's landfill for disposal). 10
D. The Gasification Facility
The proposed Facility will include the following components and operations:
6 Section 2.
Section 5.1(d).
8 Section 5.1(i).
9 Sections 1.1(a); see Schedule 2 (Proposed Facilities), which is attached to the Agreement.
10 Parenthetically, the County will end its baling operations when Green3Power takes possession of the Baling
Building. The County will place unbaled waste in its landfills when the Facility is being built and when the Facility
is not Processing all of the County's waste (e.g., during planned and unplanned outages).
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(1) a waste receiving and sorting area, located inside the Baling Building, where
Green3Power will prepare the waste for use as fuel in the gasification system;
(2) a waste gasification system, which will heat the waste and convert it into a synthesis
gas ("syngas");
(3) a combustion turbine that will burn the syngas and an electrical generator that will
produce electricity;
(4) a fuel production system that will use the syngas to produce synthetic No. 2 diesel
fuel;
(5) storage tanks for the synthetic diesel fuel;
(6) air pollution control systems; and
(7) a water treatment system, which will treat the wastewater generated by the Facility
and the leachate generated by the County's Class I Landfill. i l
The Facility will be designed to operate continuously (24 hours per day, 365 days per year). The
actual operation of the Facility may be reduced or halted at times for scheduled and unscheduled
outages.
E. The Processing Capacity of the Facility
Under the Agreement, the Facility must Process at least 7,000 tons of Solid Waste each
week.12 It is anticipated that the 7,000 tons of Solid Waste will consist of the following types
and quantities of waste:
Municipal Solid Waste (e.g., Garbage) 3,300 tons each week;
Yard Trash (e.g., tree limbs) 863 tons each week;
C&D Debris (e.g., discarded lumber) — 735 tons each week;
Waste Tires — 352 tons each week; and
Excavated Waste (e.g., Solid Waste that is excavated from the County's
Class I Landfill) — 1,730 tons each week.
1 See Schedule 2 (Proposed Facilities) and Schedule 3, which are attached to the Agreement.
'Z Section 4.1.
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F. Green3Power's Exclusive Right to Process County Waste
The Agreement gives Green3Power the exclusive right to Process the County's Solid
Waste during the term of the Agreement. 13 The Agreement prohibits the County from entering
into new contracts with anyone other than Green3Power for the Processing and disposal of the
County's Solid Waste. However, the County may divert Solid Waste to its landfills or other
facilities if Green3Power is unable to accept and Process the Solid Waste that is offered to
Green3Power by the County.
G. The County's Obligation to Deliver Solid Waste
The Agreement requires the County to deliver certain types of Solid Waste to the
Facility.14 Specifically, the County must deliver (or cause to be delivered) all of New Class I
Waste that the County receives at the County's Complex on Glades Cut-off Road.15
Green3Power may request, and upon request the County must deliver, all of the New Yard Trash
and New C&D Debris that the County receives at its Complex.16 If the Facility Processes all of
the County's New Waste, Green3Power may request, and upon request the County must deliver,
up to 750 tons per day of Excavated Waste.17 If the Excavated Waste is not in bales, the County
may need to use a Trommel (i.e., a revolving screen) or similar mechanism to reduce the amount
of soil in the Excavated Waste before the County delivers the Excavated Waste to
Green3Power.18, 19
H. Acceptable and Prohibited Solid Waste
Subject to certain conditions, the County may deliver and Green3Power must accept and
Process the same types of Solid Waste that currently are received at the County's landfills for
disposal.20 For example, the County may deliver Class I Waste (e.g., Garbage), Yard Trash,
Waste Tires, Construction and Demolition Debris, and other similar materials.
Green3Power is not authorized to accept or process Prohibited Waste at the Facility.zl
Prohibited Waste is defined in the Agreement to include Hazardous Waste, Biomedical Waste,
and any other material that is prohibited at the Facility under a Permit or Applicable Law.22
13 Section 6.13.
14 Section 6.1.
15 Section 6.1(a).
16 Section 6.1(b).
17 Sections 6.1(c) and (d).
18 Section 6.2(a).
19 Parenthetically, the County may incur new costs and expenses if the County needs to: (1) excavate Solid Waste
from its landfills for Green3Power to use at the Facility; (2) use a Trommel or other mechanism to reduce the
amount of soil in the Excavated Waste; and (3) deliver Excavated Waste to the Facility. The County's "tipping fee"
(disposal fee) currently does not cover such operations. Moreover, the County only receives a ripping fee when
Solid Waste is delivered to the County's Complex; the County will not receive a tipping fee when the County
excavates waste from its landfills.
20 Sections 6.1(a) and 6.4(c).
21 Section 6.7.
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I. Green3Power's Obligation to Process the County's Waste
Under the Agreement, Green3Power must accept and Process all of the Municipal Solid
Waste (e.g., Garbage), Yard Waste, C&D Debris, and Waste Tires that the County delivers (or
causes to be delivered) to the Facility.23 The County estimates that when Green3Power
commences commercial operations at the Facility, the County's deliveries to the Facility will be
approximately 7,000 tons per week and will consist of the types and approximate quantities of
waste described in Section II.E, above.
J. Green3Power's Right to Process Out-of-ColMly Waste
The County currently does not receive 7,000 tons of Solid Waste each week at the
County's Complex on Glades Cut -Off Road. When the Facility is operational, Green3Power
may want to make up the difference between (1) the amount that is delivered to the Facility by
the County and (2) the amount that the Facility is capable of Processing. Under such
circumstances, the County may be required to provide Excavated Waste to the Facility, up to a
maximum amount of 750 tons per day. If there is still a shortfall after the County delivers
Excavated Waste to the Facility, Green3Power may wish to obtain additional Solid Waste from
other communities or sources.
The Agreement provides that Green3Power may solicit and Process waste materials
generated outside of the County if the County's deliveries of Solid Waste to the Facility are less
than the Facility's Processing capacity.24 The Agreement authorizes Green3Power to solicit and
accept Waste Tires, Class I Waste (e.g., Garbage), Yard Trash, and C&D Debris under such
circumstances. Green3Power may accept such materials, without requesting or receiving further
approvals from the County. In addition, Green3Power may accept any other waste materials that
are approved in advance by the Board.
K. The Priority for Processing Waste
The Agreement requires Green3Power to Process Solid Waste in the following order of
priority: (1) first, New Solid Waste delivered by or on behalf of the County; (2) second, Solid
Waste delivered by or on behalf of third parties (e.g., when the County does not deliver enough
to satisfy the Processing capacity of the Facility); and (3) third, Excavated Waste from the
County's landfills.25
22 See the definition of "Prohibited Waste" in Schedule 1, which is attached to the Agreement.
23 Sections 6.1(a) and 6.4(c).
24 Section 6.4(a).
25 Section 6.12.
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L. Recyclable Materials
The Agreement does not limit the County's ability to conduct curbside recycling
programs.26 The County is not obligated to provide the Facility with Source Separated
Recyclable Materials (e.g., Recyclable Materials that residents place at curbside).
At its option, Green3Power may remove Recyclable Materials from the Solid Waste that
is delivered to the Facility by the County.27 Green3Power shall pay all of the expenses
associated with its recycling activities. Green3Power will receive all of the revenues generated
by the sale or reuse of the Recyclable Materials that Green3Power collects at the Facility.
M. The Processing Fee
The County will pay a Processing Fee to Green3Power for each ton of Solid Waste that
the County delivers and Green3Power Processes at the Facility.28 The Processing Fee initially
will be: (a) $20.00 per ton for New Class I Waste, such as Garbage; (b) $10.00 per ton for Yard
Trash, such as tree limbs; (c) $10.00 per ton for New Construction and Demolition Debris, such
as waste lumber; and (d) $60.00 per ton for Waste Tires. The County will not pay a Processing
Fee for any Excavated Waste that is delivered to or Processed in the Facility.29
The Processing Fees will remain constant until October 1, 2016.30 Thereafter, the
Processing Fee will increase each year on October 1. The percentage increase in the Processing
Fees each year will be the same as the percentage increase in the Consumer Price Index ("CPI")
during the preceding year, except that the Processing Fees will not increase more than 4% or less
than 1 % in any one year.31 Stated differently, the Processing Fee will increase between 1 % and
4% each year, even if the CPI decreases.
26 Section 6.5.
27 Section 6.5(b).
28 Section 8.1(c).
29 Section 8.1(e).
30 Section 8.2(a).
31 Sections 8.2(c) and (d).
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N. The Insurance provided by Green3Power
Green3Power will be required to provide insurance for its operations at the Facility.32
The specific types and amounts of the insurance are set forth in the Agreement. Among other
things, the Agreement requires Green3Power to provide Commercial General Liability
($1,000,000/$2,000,000), Pollution Liability ($2,000,000/$2,000,000), and Excess Liability
($5,000,000).33 Additional insurance requirements may be established by Green3Power and the
County in the Lease and other contracts to be negotiated in the future. For example, the County
anticipates that it will require Green3Power to provide insurance sufficient to cover the cost of
repairing or replacing the buildings that will be used by Green3Power on the Site.
O. The Indemnification provided by Green3Power
The Agreement requires Green3Power to indemnify, defend, and hold the County
harmless from claims that are based on or result from Green3Power's activities under the
Agreement.34 Green3Power's obligation to provide indemnification for these claims is not
limited to the types and amounts of insurance coverage provided by Green3Power.
P. Green3Power's Performance and Payment Bonds
Under the Agreement, Green3Power must provide a performance and payment bond to
ensure that all of its contractors and subcontractors are paid for their services and materials.35 In
addition, Green3Power must provide a bond, letter of credit, escrow account or other mechanism
("Financial Assurance Mechanism") in the amount of $5'000,000.36 This Financial Assurance
Mechanism will be used, if necessary, to remove the Facility and restore the County's Site upon
the termination of the Agreement. The Financial Assurance Mechanism must be maintained in
effect until the Facility Processes 7,000 tons of Solid Waste per week for 24 consecutive months
(approximately 2 years). Thereafter, the Financial Assurance Mechanism will expire unless the
County requests Green3Power to keep the Financial Assurance Mechanism in effect and the
County reimburses Green3Power for the out-of-pocket costs it incurs to maintain the Financial
Assurance Mechanism.
Q. Green3Power's Right to Terminate before the Commencement of Construction
The Agreement gives Green3Power the right to terminate the Agreement at any time
before the Commencement of Construction.37 Green3Power may exercise this right for any
reason Green3Power deems appropriate. For example, Green3Power may terminate the
32 Section 14.
33 Sections 14.2, 14.4, and 14.5.
34 Section 13.2.
35 Section 15(b).
36 Section 15(c).
37 Sections 3.3 and 10.5.
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Agreement if. (a) the County and Green3Power are unable to obtain the necessary permits and
approvals to allow them to conduct their activities in the manner contemplated in the Agreement;
(b) the County and Green3Power are unable to negotiate a mutually acceptable Lease; or (c)
Green3Power cannot obtain financing for the Facility under terms that are acceptable to
Green3Power.
R. The County's Right to Terminate for Green3Power's Failure to meet Deadlines
Under the Agreement, the County may terminate the Agreement if Green3Power fails to
commence construction within 545 days (approximately 18 months) after the Effective Date.38
The County also may terminate the Agreement if Green3Power fails to complete the Startup and
Commissioning Period within 545 days after the Commencement of Construction.39
Termination is the County's only remedy under the Agreement if Green3Power fails to comply
with these deadlines. The Agreement does not allow the County to seek damages or
reimbursement for the expenses the County incurred while working with Green3Power to
implement this Agreement.
S. The Parties Right to Terminate for Default
After Green3Power commences construction of the Facility, the County and
Green3Power may terminate the Agreement if the other Party breaches the Agreement and fails
to cure the breach. If a default occurs, the non -defaulting Party must provide notice to the
defaulting Party and give the defaulting Party an opportunity (typically 30 days) to cure the
default.40 The opportunity to cure shall not last more than 90 days.41
T. Limited Performance Criteria concerning Waste Processing
The Agreement requires Green3Power to Process approximately 7,000 tons of Solid
Waste per week in the Facility, but the Agreement does not provide objective, quantifiable
criteria that the County can use to determine whether Green3Power's Facility is operating
successfully. The Agreement defines the word "Process" to mean "to subject Solid Waste or
other material to the gasification process at the Facility and thereby convert the material to gas,
Ash, Diesel Fuel, and By-Products."42 The Agreement does not specify the degree to which
Processing must occur (e.g., the Agreement does not specify the amount of Ash or Diesel Fuel
that must be produced when the Solid Waste is Processed in the Facility).
38 Section 5.1(d).
39 Section 5.1(i).
40 Sections 10.1 and 10.2.
41 Section 10.2(b).
42 See the definition of "Process" and "Processing" in Schedule 1, which is attached to the Agreement.
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U. Limits on Green3Power's Disposal of Solid Waste in the County's Landfills
The Agreement contains several limits on Green3Power's ability to dispose of Solid
Waste in the County's Landfills.43 For example, the Agreement provides that Green3Power
cannot disp ose of Ash in the County's Landfills unless Green3Power receives the County's prior
approval.4 The Agreement also provides that, if Green3Power solicits Solid Waste from a third
party but then refuses to accept the Solid Waste when it is delivered to the Facility (e.g., because
the Facility is not operating), the County also may refuse to accept the Solid Waste from the third
party. Subject to certain exceptions, the Agreement provides that Green3Power is responsible
for the disposal of the Solid Waste Green3Power receives and generates at the Facility. In most
instances, Green3Power must pay the County's tipping fee (disposal fee) if Green3Power
disposes of any waste in the County's landfills.
Green3Power will have economic incentives to ensure that all of the Solid Waste
delivered to the Facility is Processed successfully and the amount of material taken to the
County's Landfills for disposal is minimized. These economic incentives will be reinforced by
the provisions in the Agreement that limit Green3Power's ability to use the County's Landfills.
V. The Leachate Pipeline
The Agreement requires the County to construct a pipeline from the County's leachate
management system to the boundary of the Site used by Green3Power.45 Green3Power will
construct and extend the leachate pipeline from the boundary of its Site to a water treatment
system. The County will use the pipeline to provide Green3Power with all of the leachate that
Green3Power requests. Green3Power will treat the leachate and then use the treated liquid in the
Facility as process water. Each Party will pay its respective costs for designing, permitting, and
constructing its share of the pipeline. The County will not pay Green3Power for disposing of the
County's leachate. Green3Power will not pay the County for providing leachate to the Facility.
This arrangement is expected to provide at least 3 benefits: (1) the County will save
money by disposing of its leachate for free; (2) the County will reduce or eliminate any potential
adverse environmental impacts associated with its normal method of leachate disposal; and (3)
Green3Power will reduce the Facility's need for ground water and other sources of process
water.
W. Green3Power's Determinations regarding the Facility
The Agreement gives Green3Power the responsibility and the authority to design,
construct, operate, and maintain its Facility. The Agreement does not give the Count many
opportunities to contest or dispute Green3Power's decisions regarding these issues. 6 The
43 Section 7.
44 Section 7(c).
45 Section 5.1(g).
46 See, e.g., Section 5.1(e).
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Dan McIntyre
July 9, 2015
Page 12 of 13
Agreement requires Green3Power to conduct its activities in compliance with all Applicable
Laws, but it primarily will be Green3Power's obligation and right to determine whether the
Facility is properly designed, built, operated, and maintained.
X. Green3Power's Compliance with Applicable Laws
The Agreement requires Green3Power to comply with all Applicable Laws, including
environmental regulations.47 The Agreement also gives the County the authority to assess
administrative charges against Green3Power if Green3Power fails to control litter, odor,
stormwater, or leachate on the Site.48 It should be recognized that these administrative charges
are relatively modest in size ($100 to $3,000) because they are not intended to be penalties. The
administrative charges may provide an additional economic incentive to ensure Green3Power's
compliance with its obligations under the Agreement.
Y. Risk Allocation under the Agreement
The County has tried to minimize its potential risks and liabilities under the Agreement.
In general, Green3Power will take the risks and suffer the consequences if. (1) the proposed
Facility does not work as expected; (2) there are delays or cost overruns with the construction
and operation of the Facility; and (3) the quantity or quality of waste available to the Facility
does not satisfy Green3Power's needs.
The County also will suffer if Green3Power encounters problems with its efforts to build
and operate the Facility. If problems arise, the County will not fully enjoy the benefits it expects
from the County's expenditure of time and resources to implement the requirements in the
Agreement. In addition, the County will not be able to utilize its Site for other purposes as long
as the Agreement is in effect or the Facility remains on the Site. Further, the County will need to
bury unbaled waste in its Landfills if the Facility is unable to Process all of the waste that the
County delivers to the Complex.
III. Conclusion
The Agreement provides a framework for the County and Green3Power to move forward
with their efforts to develop a Facility that can be used to gasify and dispose of the County's
solid waste. Although the Agreement attempts to identify and address some of the foreseeable
risks and potential liabilities that may arise in the future, it is impossible to anticipate or address
all of the events and circumstances that may affect the Parties' proposed activities.
The execution of the draft Agreement is the first step toward the implementation of the
Parties' plans. The Parties still need to negotiate and execute mutually acceptable contracts for
the lease of the County's Site, the construction of new office and maintenance buildings for the
47 Section 18; see also the definition of "Applicable Law" in Schedule 1, which is attached to the Agreement.
48 Section 19.
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Dan McIntyre
July 9, 2015
Page 13 of 13
County, and the operation of the County's C&D Recycling Facility. The first two of these
contracts must be executed before Green3Power commences construction on the Site. Given the
uncertainties and hurdles facing the Parties, the Agreement provides opportunities for
Green3Power to terminate its relationship with the County if conditions warrant such action prior
to the Commencement of Construction. After the Commencement of Construction, the County
and Green3Power will be joined in a long-term relationship.
Please contact me at (850) 385-0070 if you have any questions.
1:n
C
- L-JZ-
David S. Dee
cc: Ron Roberts
Eric Grotke
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AGREEMENT FOR
THE DEVELOPMENT AND OPERATION
OF THE ST. LUCIE GASIFICATION FACILITY
BETWEEN
ST. LUCIE COUNTY, FLORIDA,
AND
GREEN3POWER ST. LUCIE, LLC
10.A.2.b
DRAFT
7/9/15
ILZ
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TABLE OF CONTENTS
1. THE BASIS FOR THIS AGREEMENT.............................................................................2
1.1
General Scope of Services.......................................................................................2
1.2
Definitions................................................................................................................3
1.3
Schedules.................................................................................................................3
1.4
Future Contracts.......................................................................................................3
2. TERM OF AGREEMENT...................................................................................................3
3. CONDITIONS PRECEDENT.............................................................................................4
3.1
Conditions Precedent for Developer's Obligations.................................................4
3.2
Obligation to Accomplish Conditions Precedent.....................................................4
3.3
Failure to Accomplish Conditions Precedent..........................................................5
4. PROCESSING CAPACITY OF THE FACILITY..............................................................5
5. FACILITY
DEVELOPMENT OBLIGATIONS.................................................................5
5.1
The Parties' Obligations Prior to Commencement of Operations ...........................5
5.2
County's Responsibilities During Facility Operations............................................8
5.3
Developer's Responsibilities During Facility Operations.......................................9
5.4
Developer's Operation of C&D Recycling Facility...............................................11
5.5
Developer's Closure of Facility.............................................................................11
5.6
Developer's Obligation to Hire Locally................................................................11
5.7
County's Right to Purchase Diesel Fuel................................................................11
6. SUPPLY OF SOLID WASTE TO THE FACILITY.........................................................12
6.1
County's Obligation to Deliver and Developer's Obligation to Process Solid
Waste......................................................................................................................12
6.2
County's Obligation to Sort Solid Waste...............................................................12
6.3
The County's Legal Mechanisms for Delivering Solid Waste to the Facility .......
13
6.4
Developer's Right to Accept Waste From Non -County Sources ..........................13
6.5
Recyclable Materials..............................................................................................14
6.6
Rejectable Materials...............................................................................................14
6.7
Prohibited Waste....................................................................................................15
6.8
Developer's Inspection, Acceptance, and Rejection of County's Solid Waste.....15
6.9
Delivery of Solid Waste During the Startup and Commissioning Period.............16
6.10
Storage of Waste Supply........................................................................................17
6.11
Waste Deliveries During Outages..........................................................................17
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6.12
Waste Processing Priorities....................................................................................18
6.13
Exclusive Waste Processor....................................................................................18
6.14
Disclaimer Concerning Waste Composition..........................................................18
6.15
No Limits on Origin of County Solid Waste.........................................................18
6.16
Monthly Communications Concerning Waste Supply..........................................19
6.17
Limitations Imposed Under Tropicana Contract...................................................19
7.
USE OF COUNTY' S LANDFILLS..................................................................................19
8.
FEES
AND REVENUES...................................................................................................20
8.1
The Developer's Invoices to the County...............................................................20
8.2
CPI Adjustments to the Processing Fee.................................................................21
8.3
The County's Invoices to the Developer...............................................................22
8.4
Verification of Payment Amounts.........................................................................22
8.5
Late Payments........................................................................................................22
8.6
Developer's Revenues...........................................................................................22
8.7
Developer's Billings..............................................................................................22
9.
REPRESENTATIONS AND WARRANTIES..................................................................22
9.1
Developer's Representations, Warranties and Covenants.....................................22
9.2
County's Representations, Warranties and Covenants..........................................24
10.
DEFAULT AND REMEDIES...........................................................................................25
10.1
Termination Upon Default.....................................................................................25
10.2
Notice and Right to Cure.......................................................................................26
10.3
Remedies Upon Default.........................................................................................26
10.4
Restoration of Site..................................................................................................27
10.5
Termination for Convenience Before Commencement of Construction...............27
10.6
County's Right to Withhold Payment....................................................................27
11.
FORCE MAJEURE...........................................................................................................27
11.1
Force Majeure........................................................................................................27
11.2
Effect of Force Majeure.........................................................................................27
11.3
Notification Obligations.........................................................................................28
11.4
Duty to Mitigate.....................................................................................................28
12.
DISPUTE RESOLUTION.................................................................................................28
12.1
Mediation...............................................................................................................28
12.2
Meeting with County Administrator and Board....................................................29
12.3
Litigation................................................................................................................29
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12.4
Disputes Relating to Termination For Cause.........................................................29
12.5
Waiver of Jury Trial...............................................................................................29
12.6
Jurisdiction and Venue...........................................................................................30
12.7
Governing Law......................................................................................................30
12.8
Sovereign Immunity...............................................................................................30
12.9
Operations During Dispute....................................................................................30
13.
DAMAGES AND INDEMNIFICATION.........................................................................30
13.1
Liability..................................................................................................................30
13.2
Developer's Indemnification.................................................................................30
13.3
Contribution...........................................................................................................31
13.4
Fines and Penalties.................................................................................................31
13.5
No Personal Liability.............................................................................................31
14.
DEVELOPER'S INSURANCE.........................................................................................32
14.1
Developer's Insurance...........................................................................................32
14.2
Commercial General Liability...............................................................................32
14.3
Business Automobile Liability..............................................................................32
14.4
Pollution Liability..................................................................................................32
14.5
Excess Liability......................................................................................................33
14.6
Worker's Compensation Insurance & Employers Liability...................................33
14.7
Additional Insured Endorsements..........................................................................33
14.8
Waiver of Subrogation...........................................................................................33
14.9
Certificate(s) of Insurance......................................................................................34
14.10
Deductibles, Self -Insured Retentions, and Supplemental Coverage.....................34
14.11
Right to Revise or Reject.......................................................................................35
14.12
Minimum Requirements for Insurance..................................................................35
14.13
Other Insurance Requirements...............................................................................35
15.
PERFORMANCE AND PAYMENT BONDS.................................................................36
16.
DEVELOPER'S RELATIONSHIP WITH THE COUNTY.............................................37
16.1
Availability of Developer's Representatives.........................................................37
16.2
Director's Review of Developer's Performance....................................................37
16.3
Right to Inspect Developer's Operations...............................................................37
16.4
Right to Approve....................................................................................................37
16.5
Educational Tours..................................................................................................38
17.
RECORDKEEPING AND REPORTING REQUIRMENTS............................................38
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17.1
General Recordkeeping..........................................................................................38
17.2
Format of Reports..................................................................................................38
17.3
Accident Reports....................................................................................................38
17.4
Environmental Reporting.......................................................................................39
17.5
Right to Inspect and Audit Records.......................................................................39
17.6
Public's Right to Inspect Developer's Records.....................................................39
18. COMPLIANCE
WITH APPLICABLE LAWS.................................................................40
18.1
Compliance with Applicable Laws........................................................................40
18.2
Regulatory Compliance and Citations...................................................................40
19. ADMINISTRATIVE
CHARGES......................................................................................40
19.1
Basis for Administrative Charges..........................................................................40
19.2
Administrative Charges During Term of Agreement............................................40
20. MISCELLANEOUS PROVISIONS..................................................................................42
20.1
Binding Effect........................................................................................................42
20.2
Transfer of Agreement and Subcontractors...........................................................42
20.3
Confidentiality.......................................................................................................42
20.4
Notices And Other Communications.....................................................................43
20.5
Severability............................................................................................................44
20.6
Waiver of Requirements........................................................................................44
20.7
Relationship Between the Parties...........................................................................44
20.8
No Third Party Beneficiaries.................................................................................44
20.9
County Ordinances.................................................................................................44
20.10
General Rules of Construction...............................................................................45
20.11
Counterparts...........................................................................................................45
20.12
Amendments to Agreement...................................................................................45
20.13
Entire Agreement...................................................................................................45
20.14
Construction of Agreement....................................................................................46
20.15
Survival of Obligations After Termination............................................................46
20.16
Election of Remedies.............................................................................................46
20.17
Permits and Licenses..............................................................................................46
20.18
Equal Opportunity Employment............................................................................46
20.19
Compliance with Labor Laws................................................................................47
20.20
Legal Status of the Parties' Employees.................................................................47
20.21
Taxes, Fees, and Assessments...............................................................................47
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20.22 Fair Dealing...........................................................................................................47
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AGREEMENT FOR THE DEVELOPMENT AND OPERATION
OF THE ST. LUCIE GASIFICATION FACILITY
This "Agreement for the Development and Operation of the St. Lucie Gasification
Facility" ("Agreement") is dated and effective as of , 2015 ("Effective Date"), by
and between St. Lucie County, Florida ("County"), a political subdivision of the State of Florida,
and Green3Power St. Lucie, LLC ("Developer"), a limited liability company duly organized and
existing under the laws of the State of Florida.
RECITALS
WHEREAS, pursuant to Section 403.706(1), Florida Statutes, the County is responsible
for providing facilities for the disposal of the Municipal Solid Waste ("MSW") generated in the
County; and
WHEREAS, the County currently conducts various Solid Waste management activities at
a central facility and complex ("Complex") located at 6120 Glades Cut -Off Road in St. Lucie
County, Florida; and
WHEREAS, the County's Complex includes the County's Class I Landfill, a disposal
area for Construction and Demolition Debris ("C&D Debris"), an area for managing Yard
Waste, a Baling Building, and related facilities; and
WHEREAS, the County issued a Request for Qualifications ("RFQ") from firms that are
qualified to Process the County's Municipal Solid Waste using innovative conversion
technologies; and
WHEREAS, Developer submitted a statement of qualifications in response to the
County's Request for Qualifications (RFQ No. 14-057); and
WHEREAS, the County has reviewed and relied upon the statement of qualifications and
other information provided by the Developer concerning the Developer's experience and ability
to provide the services required under this Agreement; and
WHEREAS, after evaluating all of the proposals that were submitted in response to the
County's RFQ, the County finds that the Developer has submitted the best proposal; and
WHEREAS, the County wishes to use and the Developer wishes to provide its services,
subject to the terms and conditions contained in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
agreements contained herein, and the mutual benefits provided hereunder, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree that they shall be bound by and shall comply with the following provisions in this
Agreement:
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1. THE BASIS FOR THIS AGREEMENT
1.1 General Scope of Services.
This Section 1.1 describes the general scope of the Parties' duties under this Agreement.
The general requirements in this Section 1.1 are supplemented by the specific requirements in
other sections of this Agreement. Subject to the conditions contained herein:
(a) the County will lease a parcel of land (i.e., the "Site") at the Complex to
the Developer;
(b) the Developer will design, permit, finance, construct, own, operate, and
maintain a gasification facility ("Facility") on the County's Site;
(c) the Developer will build a new Maintenance Building and new Office
Building for the County at the Complex, demolish the County's existing Maintenance Building
and Office Building, and then begin construction of the Facility;
(d) when the Facility is built, the County will deliver certain types and
quantities of Solid Waste to the Facility, which the Developer will Process in the Facility;
(e) the Developer will use the Facility to gasify waste material for the County
and then the Developer will use the synthesis gas to generate electricity and produce Diesel Fuel;
(f) the County will pay Processing Fees to Developer for Processing the
County's Solid Waste;
(g) Developer will pay all costs and receive all revenues associated with the
Processing of Solid Waste, the production of electricity and Diesel Fuel, and the Developer's
other activities at the Facility;
(h) Developer will operate and maintain the County's existing C&D
Recycling Facility;
(i) Developer will provide all labor, services, supervision, materials, and
equipment necessary to fulfill Developer's obligations under this Agreement;
0) Developer will comply at all times with the requirements in this
Agreement and Applicable Law;
(k) Developer will perform all of its work and fulfill all of its obligations
under this Agreement at Developer's sole expense, in exchange for the Processing Fees and other
payments that are expressly authorized herein; and
(1) Upon the expiration or termination of this Agreement, the Developer will
close the Facility and remove its equipment and personal property from the Site.
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1.2 Definitions.
The capitalized words and phrases in this Agreement are defined in Schedule 1. The
definitions contained in Schedule 1 shall be used when interpreting this Agreement. If a
definition contained in Schedule 1 conflicts with a similar definition in a federal, state, or local
law, the definition contained in Schedule 1 shall prevail when construing this Agreement.
1.3 Schedules.
The following Schedules are attached to and made a part of this Agreement:
Schedule 1 - Definitions
Schedule 2 - Preliminary Site Development Plan (Existing Facilities; Proposed
Facilities)
Schedule 3 - Diagram of the Facility's major components, including the air
pollution control devices
Schedule 4 - Schedule of Processing Fees
Schedule 5 - Necessary Permits and Approvals
Schedule 6 -
Schedule 7 -
Schedule 8 -
1.4 Future Contracts.
Sample Calculations of CPI Adjustments
Boiler Feedwater Standards
Specification for No. 2 Diesel Fuel
This Agreement provides a general description of the Parties' obligations to each other.
The Parties anticipate that the provisions in this Agreement will be supplemented in the future by
several other contracts, including the following:
(a) A Lease for the Site
(b) A contract concerning the Developer's operation of the County's C&D
Recycling Facility
(c) A contract concerning the Developer's construction of a new Maintenance
Building and a new Office Building
2. TERM OF AGREEMENT
This Agreement shall take effect and be binding on the Parties from the Effective Date
until the date when this Agreement expires or is terminated. The initial term of this Agreement
shall expire on the twentieth (20th) anniversary of the Commencement of Operations. At the end
of the initial term, this Agreement shall be renewed automatically and extended for an additional
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10.A.2.b
term of ten (10) years, unless one Party provides written notice to the other Party on or before the
eighteenth (18th) anniversary of the Commencement of Operations that it does not wish to renew
this Agreement. During any renewal term, the Parties shall be subject to the conditions and
limitations that are contained herein, unless the Parties agree otherwise.
3. CONDITIONS PRECEDENT
3.1 Conditions Precedent for Developer's Obligations.
The Developer shall have no obligation to construct or operate the Facility pursuant to
this Agreement unless the Developer concludes that all of the following conditions precedent
have been completed to the Developer's satisfaction or the Developer decides to waive the
conditions precedent:
(a) County Real Estate Documents. Developer and the County enter into a
Lease and all other easements, right-of-way, and similar agreements that are necessary to allow
Developer to construct and operate the Facility on the Site.
(b) Diesel Fuel Agreements. Developer enters into one or more contracts with
the County and/or third parties for the sale of all of the Diesel Fuel produced by the Facility.
(c) Final Design. Developer shall prepare the Final Design for the
construction and operation of the Facility, including the detailed design reports, drawings, and
specifications for the gasification equipment and the improvements to the Site.
(d) Governmental Permits. Developer and the County obtain all of the
Permits necessary for them to fulfill their respective obligations concerning the construction and
operation of the Facility.
(e) Utility Services. Developer obtains all necessary Utility Services for the
construction, operation and maintenance of the Facility.
(f) Financing. Developer obtains financing for the construction of the
Facility and closes the necessary financing transactions.
(g) Interlocal Agreement. The County and the City of Port St. Lucie enter
into an interlocal agreement for the supply of Solid Waste to the Facility.
3.2 Obligation to Accomplish Conditions Precedent.
The Parties shall use Commercially Reasonable Efforts to complete their respective tasks
concerning the conditions precedent identified in Section 3.1, above. Developer shall commence
such efforts promptly after the Effective Date and shall diligently and continuously pursue such
efforts until (a) the conditions precedent are accomplished or (b) the Developer concludes that
such conditions cannot reasonably be accomplished. Upon the occurrence of (a) or (b), the
Developer shall promptly give notice to the County.
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3.3 Failure to Accomplish Conditions Precedent.
The Developer shall have the exclusive right to determine whether the conditions
precedent in Sections 3.1(a) through (g) have been accomplished. If the Developer concludes
that one or more of the conditions precedent in Section 3.1 have not been or cannot reasonably
be accomplished, the Developer may terminate this Agreement pursuant to Section 10.5, below,
at any time before the Commencement of Construction.
4. PROCESSING CAPACITY OF THE FACILITY
4.1 Upon and after the Commencement of Operations, each week the Facility shall
Process approximately seven thousand (7,000) Tons of Solid Waste, which shall consist of the
following types and quantities of Solid Waste:
• MSW — 3,300 Tons each week;
• Yard Trash 863 Tons each week;
• C&D Debris — 735 Tons each week;
• Waste Tires 352 Tons each week; and
• Excavated Waste — 1,750 Tons each week.
With regard to the five (5) types of Solid Waste identified above, the actual quantities of waste
Processed in the Facility may vary, but the total amount shall not be less than seven thousand
(7,000) Tons per week. The quantity of Excavated Waste may be adjusted, as necessary, to
provide the required quantity of waste for the Facility's production of Diesel Fuel, subject to the
limitations in Section 6.1(d), below.
4.2 The Facility shall be capable of receiving, sorting, and preparing one thousand
two hundred (1,200) Tons of Solid Waste each day for use as Refuse Derived Fuel in the
Facility's gasification equipment.
4.3 The gasification equipment in the Facility shall be capable of Processing one
thousand (1,000) Tons of Solid Waste each day. This value is approximately equivalent to seven
hundred twenty-nine (729) Tons of Refuse Derived Fuel each day.
4.4 The Processing capacity of the Facility shall be measured in TPD, based on the
amount of MSW, C&D Debris, Yard Waste, Waste Tires, and Excavated Waste that is accepted
and Processed by the Facility. The Processing capacity of the Facility shall be determined by
calculating the Facility's average performance over a period of thirty (30) consecutive days,
except as otherwise expressly provided herein.
5. FACILITY DEVELOPMENT OBLIGATIONS
5.1 The Parties' Obligations Prior to Commencement of Operations.
Subject to the other provisions of this Agreement, the development and operation of the
Facility will proceed as follows:
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(a) General Obligation to Develop Facility. The Parties shall work diligently
and in good faith to accomplish their respective tasks under this Agreement so that the Developer
can begin the construction of the Facility in a timely manner.
(b) Permits. The County currently has all Permits required to operate the
Complex as it is currently operated. The County shall be responsible for obtaining the Permits
(including Permit modifications) necessary to perform its obligations under this Agreement. The
Developer shall be responsible for obtaining all Permits necessary to perform its obligations
under this Agreement. The Parties shall cooperate with each other and shall perform all
administrative tasks necessary to assist each other with their respective efforts to obtain the
necessary Permits, but neither Party is obligated to incur any out-of-pocket expenses to assist the
other Party with its efforts to obtain the necessary Permits.
(c) Coordination of Construction Activities. Developer and the County shall
cooperate and coordinate with each other to ensure that the Developer's construction activities
on the Site do not unreasonably interfere with the County's operations on the Complex. At least
once each month from the Effective Date until the Commencement of Operations, the Developer
shall meet with the Director to discuss the Developer's plans for the construction and operation
of the Facility.
(d) Commencement of Construction. Before the Commencement of
Construction occurs, the Developer must obtain all of the funds necessary to pay for the
construction of the Facility. The Commencement of Construction shall be deemed to occur on
the date when the Developer delivers a "notice to proceed" to the Developer's general contractor
for the construction of the Facility and the related improvements on the Site. On the same day,
the Developer shall send a copy of the notice to proceed to the Director. The Commencement of
Construction must occur no later than five hundred forty-five (545) days after the Effective Date,
unless an extension of this deadline is granted (1) for a Force Majeure event pursuant to Section
11 of this Agreement or (2) with the written consent of both Parties. The County's sole and
exclusive remedy for Developer's failure to achieve Commencement of Construction before this
deadline is to terminate this Agreement in the manner provided in Section 10, below. Developer
shall not have any liability to the County for monetary or other damages solely because
Developer did not achieve Commencement of Construction before the deadline. The County
shall not have any liability to Developer for monetary or other damages solely because the
County exercised its right to terminate this Agreement pursuant to this Section 5.1(d).
(e) Developer's Plans for Proposed Site Development. The Developer's
preliminary Site Development Plan is attached hereto in Schedule 2. Developer shall provide the
Director with copies of the Developer's updated Site Development Plans whenever the plans are
revised materially. The County shall have the right to review and approve all of the Developer's
proposed Site Development Plans, before the Developer begins construction of any improvement
on the Site. The County's right to approve the Developer's Site Development Plans shall be
limited to whether, and the extent to which, the Developer's Site Development Plans: (1) are in
compliance with the County's land development regulations, building codes, and other
Applicable Laws that are within the County's jurisdiction and applicable to the proposed
development; (2) are in compliance with the requirements in this Agreement; and (3) will unduly
interfere with the County's structures and operations on the Complex. The County's deadline for
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completing its review of the Developer's Permit Drawings and Final Design shall be twenty-one
(21) days after the Director receives a complete plan and all necessary supporting information, or
the deadline established by any Applicable Law, whichever is less. The Site Development Plans
provided to the County pursuant to this Section 5.1(e) shall identify the location of the
Developer's improvements to the Site, such as buildings, roads, pipes, aboveground and
underground utilities, and related infrastructure, but the Developer is not required to provide the
County with the Developer's trade secrets (e.g., detailed equipment specifications).
(f) Replacement of County's Maintenance Building and Office Building. The
Developer's preliminary Site Development Plan in Schedule 2 indicates that the Facility will
encroach upon the County's Maintenance Building and Office Building. If the Developer deems
it necessary, the Developer may demolish the County's Maintenance Building and Office
Building. However, the Developer shall construct replacement buildings for the County and the
County must relocate its operations to the replacement buildings before the Developer
demolishes the existing buildings. The replacement buildings shall be located at the Complex, as
shown on Schedule 2. The replacement buildings shall, in all material respects, be at least equal
to the existing buildings. The County shall have the right to review and approve the plans and
specifications for the replacement buildings before the Developer commences construction of the
replacement buildings. The contract for the construction of the replacement buildings, including
the requirements for the Developer's insurance and the public construction bonds needed
pursuant to Section 255.05, Florida Statutes, must be approved and executed by the Parties
before the Commencement of Construction. The Developer shall be responsible for taking all
actions and paying all expenses associated with the design, permitting, financing, and
construction of the replacement buildings, as well as the demolition of the existing buildings.
Subject to Section 5.1(b), above, the County shall assist the Developer with its efforts to obtain
the building permits and other approvals from the City of Ft. Pierce.
(g) Leachate Pipeline. The County shall design, permit, finance, construct,
operate, and maintain a pipeline that the County shall use to convey all of the leachate from the
County's Class I Landfill to the Interconnection Point at the boundary of the Site. The
Developer shall design, permit, finance, construct, operate, and maintain a pipeline that the
Developer shall use to convey all of the leachate from the Interconnection Point to the water
treatment system that the Developer will build and operate in the Facility. The County and
Developer shall coordinate their respective activities to ensure that the pipeline is installed and
operational at least ninety (90) days before the Developer's deadline for completing the Startup
and Commissioning Period pursuant to Section 5.1(i), below. However, neither Party shall begin
construction of the leachate pipeline before the Commencement of Construction. During and
after the Startup and Commissioning Period, the County shall provide the Developer with all of
the leachate that the Developer requests, up to the total amount that the County's Class I Landfill
produces. Leachate from the Class I Landfill shall be treated by Developer in the Facility's
water treatment system to Boiler Feedwater Standards (see Schedule 7) and then used as makeup
water in the Facility. The County shall not receive a fee from the Developer for delivering the
County's leachate to the Interconnection Point. The Developer shall not receive a fee from the
County for using and disposing of the County's leachate. The County provides no warranty or
guarantee concerning the quality, composition, or other physical or chemical characteristics of
the leachate that the County will provide to the Developer.
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(h) Developer's Operations Plan. The Developer shall submit an Operations
Plan to the Director at least thirty (30) days before the Commencement of Operations. In
general, the Operations Plan shall describe the measures to be used by Developer to ensure that
its operations do not cause Objectionable Odors in off -Site areas or nuisance conditions. At a
minimum, the Operations Plan shall describe the Developer's specific plans for controlling
odors, leachate, noise, dust, and litter resulting from the operation of the Facility. The Developer
shall use Commercially Reasonable Efforts to control these aspects of the Facility operations.
The Operations Plan also shall contain the Developer's plans for: (1) handling Hazardous Waste,
if any is delivered to the Facility; and (2) responding to emergency conditions, such as fires,
accidents, and hurricanes. The County may submit comments to the Developer concerning the
Operations Plan, but the County shall have no right to approve or reject the Operations Plan,
except for the right to require the Developer to use Commercially Reasonable Efforts to control
odors, leachate, noise, dust, and litter. The Operations Plan shall be revised and resubmitted to
the County within thirty (30) days whenever there is a change in the Developer's operations that
is reasonably likely to increase the odor, leachate, noise, dust, or litter from the Developer's
operations and whenever the Developer's operations cause Objectionable Odors in off -Site areas.
(i) Completion of Construction and Startup and Commissioning of the
Facility. The Startup and Commissioning Period shall begin upon the Completion of
Construction. Developer shall complete the Startup and Commissioning Period no later than five
hundred forty-five (545) days after the Commencement of Construction, unless an extension of
this deadline is granted (1) for a Force Maj eure event pursuant to Section 11 of this Agreement
or (2) with the written consent of both Parties. The completion of the Startup and
Commissioning Period shall be deemed to occur when Developer provides written notice to the
Director in compliance with Section 5.10), below. The County's sole and exclusive remedy for
Developer's failure to meet this deadline is to terminate this Agreement in the manner provided
in Section 10, below. Developer shall not have any liability to the County for monetary or other
damages solely because Developer did not complete the Startup and Commissioning Period
before the applicable deadline. The County shall not have any liability to Developer for
monetary or other damages solely because the County exercised its right to terminate this
Agreement pursuant to this Section 5.1(i). However, if this Agreement is terminated pursuant to
this Section 5.1(i), Developer shall restore the Site in compliance with the requirements in
Section 10.4, below.
0) Commencement of Operations. When the Startup and Commissioning
Period is completed, Developer shall provide the Director with written notice certifying that the
Facility is capable of Processing at least seven thousand (7,000) Tons each week of Solid Waste
(as described in Section 4.2, above) on a continuous basis. The Commencement of Operations
shall be the date when the County receives such notice.
5.2 County's Responsibilities DuringFacility acilityOperations.
The County shall be responsible for the following activities when the Facility is
operational, including the Startup and Commissioning Period:
(a) Delivery of Solid Waste. Subject to the conditions herein, the County
shall deliver Solid Waste, or cause Solid Waste to be delivered, to the Delivery Point.
Packet Pg. 363
10.A.2.b
(b) Scales and Weighing. The County currently operates scales, a scalehouse,
and automated data collection systems to measure and record the weight of the vehicles
delivering Solid Waste to the Complex. After the Commencement of Construction, the County
shall use its scales, scalehouse, and automated data collection systems to measure and record the
weight of the Solid Waste that is delivered to the Facility. Upon the Developer's request, the
County also shall weigh the Ash, Recyclable Materials, Prohibited Waste, and other materials
removed from the Facility. The County shall record the following information for each vehicle
that the County weighs at its scalehouse pursuant to this Agreement: (1) the date and time when
the vehicle was weighed; (2) the name of the company or entity that delivered or removed
materials from the Complex; (3) the vehicle identification number; (4) the vehicle's gross and
tare weights; (5) the type of Solid Waste or other material in the vehicle's Load; and (6) the
origin of the Solid Waste or other material in the vehicle's Load (e.g., a third party). The County
shall provide this information to the Developer within five (5) Business Days after the month in
which the information is collected. The County also shall inspect and calibrate its scales at least
once each Billing Year. The County shall promptly provide Developer with copies of all test
reports the County receives concerning the inspection and calibration of the County's scales.
(c) Traffic Control on the Complex. The County will be responsible for
placing signs on the Complex and otherwise directing vehicles to the Facility or the Landfills, as
appropriate.
(d) Receiving Time at the Complex. The County shall operate the scalehouse
and scales during the Receiving Time at the Complex, which currently is 6:00 A.M. until 5:00
P.M. each Business Day, and 6:00 A.M. until 2:00 P.M. each Saturday, except Holidays. Upon
and after the Commencement of Operations, the County will operate the scalehouse and scales
from 6:00 A.M. until 8:00 P.M., seven (7) days each week, except Holidays. However, the
Director can reduce the Receiving Time at the Complex whenever the operations at the Facility
will be curtailed, if both Parties agree that such action is appropriate. The Director also may
reduce the Receiving Time at the Complex to the current hours of operation (i.e., 6:00 A.M. until
5:00 P.M. each Business Day, and 6:00 A.M. until 2:00 P.M. each Saturday, except Holidays)
during a Planned Outage at the Facility and whenever the Facility is Processing less than five
hundred fifty (550) TPD of Solid Waste, as determined on a daily basis rather than a thirty (30)
day average. Further, the Director may reduce the Receiving Time at the Complex so that it is
the same as the Receiving Time at the Facility, if the Developer decides to reduce the Receiving
Time at the Facility pursuant to Section 5.3(d), below.
5.3 Developer's Responsibilities DuringFacility acility Operations.
Developer shall be responsible for conducting all of the operations in the Facility and on
the Site, including the operation of the gasification units (thermal conversion systems), Diesel
Fuel production and storage systems, waste sorting and management systems, water treatment
systems, and the electrical power generation system. Among other things, the Developer shall be
responsible for the following activities when the Facility is operational, including the Startup and
Commissioning Period:
(a) Baling Building Operations. The "tipping floor" of the Baling Building
shall be the Delivery Point for all of the Solid Waste delivered to the Facility by or on behalf of
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10.A.2.b
the County, unless the Parties agree otherwise. After the Solid Waste is unloaded inside the
Baling Building, the Developer shall sort the waste and prepare Refuse Derived Fuel for use in
the Facility's gasification units.
(b) Transporting Solid Waste. Developer shall be responsible for moving and
managing all of the Solid Waste after it is delivered to the Delivery Point. More specifically,
Developer shall be responsible for moving all Solid Waste (except Prohibited Waste, which shall
be handled pursuant to Section 6.7 herein) from the Delivery Point and transporting it to an
appropriate location for storage, recycling, Processing, reuse, or disposal, either on or off of the
Site, as appropriate. The Developer also shall be responsible for moving all Ash, By -Products,
Recyclable Material, and other material on and off of the Site.
(c) Timely Ingress and Egress at Facility. Developer shall direct and control
the vehicular traffic on the Site, including the traffic into and out of the Baling Building.
Developer shall design and operate the Facility in a manner that allows County Vehicles to enter
the Facility, unload, and leave the Site within twenty (20) minutes after the vehicles leave the
County's scalehouse on their way to the Site. If a County Vehicle cannot achieve this schedule
because of delays it experiences on the Site, the County may allow the County Vehicle to unload
at the Landfills, notwithstanding the County's obligation to deliver Solid Waste to the Delivery
Point pursuant to Section 6.1(a), below. The County also may allow County Vehicles to unload
at the Landfills if a queue of vehicles extends from the Baling Building to the intersection where
the access road to the Site veers off from the County's access road to the Landfills. This
intersection is shown on Schedule 2.
(d) Receiving Time at the Facility. When the Facility is operating, the
Receiving Time at the Facility shall be 6:00 A.M. until 8:00 P.M., every day of the year, except
Holidays. However, the Developer may reduce the Receiving Time at the Facility if the County
agrees in writing that the change in the Receiving Time at the Facility will not unduly hinder the
County's ability to provide Solid Waste to the Facility in compliance with the requirements in
Section 6, below. The Receiving Time at the Facility shall be extended, when requested by the
Director, if necessary to enable the County to deliver Excavated Waste to the Facility in
compliance with the requirements in Section 6, below.
(e) Utility Services. The Developer shall obtain and pay for all Utility
Services necessary for the construction, commissioning, operation and maintenance of the
Facility.
(f) Developer's As -Built Plans. Within sixty (60) days after the Completion
of Construction, the Developer shall provide the Director with a copy of the as -built plans for the
Facility. The Developer shall update its as -built plans whenever the Developer performs
additional construction on the Site. The updated plans shall be provided to the Director within
sixty (60) days after the completion of any such construction. The content of the as -built plans
shall be the same as the Site Development Plans described in Section 5.1(e), above.
(g) Maintenance of the Facility. Throughout the Term of this Agreement, the
Developer shall maintain the Facility and the associated equipment in compliance with the
manufacturer's recommendations. Developer also shall repair and refurbish the Facility, as
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10.A.2.b
needed, to maintain the Facility's Processing capacity at or above seven thousand (7,000) Tons
per week of Solid Waste (as described in Section 4.1, above). In October of each Billing Year,
the Developer shall certify to the County that the Processing capacity of the Facility meets or
exceeds this requirement. If the Facility does not meet this requirement, the Developer shall
perform all repairs necessary to restore the Facility's Processing capacity to this level.
5.4 Developer's Operation of C&D Recycling Facility.
The County and the Developer wish to have the Developer operate and maintain the
County's C&D Recycling Facility for the County. To implement this concept, the County and
the Developer expect to negotiate and execute a mutually acceptable contract that will establish
the specific requirements governing the Developer's operation of the C&D Recycling Facility. If
this contract is executed before the Commencement of Operations, the Developer shall take
possession of the C&D Recycling Facility upon the Commencement of Operations, unless the
Parties mutually agree to an earlier date.
5.5 Developer's Closure of Facility.
When this Agreement expires or terminates, the Developer shall close the Facility in
compliance with Applicable Law. In addition, the Developer shall remove all of the Solid
Waste, By -Products, Rejectable Materials, Ash, and similar materials from the Site. The
Developer also shall remove its gasification equipment, fuel production equipment, and personal
property from the Site, unless the Parties agree otherwise. However, the Developer shall have no
obligation to remove the buildings or the building foundations that the Developer constructed on
the Site.
5.6 Developer's Obligation to Hire Locally
The Developer shall use its best efforts to hire qualified local residents to work on the
construction and operation of the Facility. The Developer shall coordinate with the County to
ensure that the Developer's need for qualified local employees is well publicized in the County.
When hiring employees, the Developer shall give priority to the employment of local applicants
that meet the Developer's criteria for skills and experience.
5.7 County's Right to Purchase Diesel Fuel.
The County shall have the right to purchase part or all of the Diesel Fuel produced by the
Developer at the Facility. The Developer shall sell the Diesel Fuel to the County at a rate that is
at least five percent (5%) less than the current market rate for No. 2 diesel fuel, excluding taxes
and other governmental fees. The County's right to purchase Diesel Fuel from the Developer
shall expire unless the County provides written notice to the Developer that it wishes to make
such purchase and the notice is delivered within sixty (60) days after the Effective Date. If the
County fails to give timely notice, the County's right to purchase Diesel Fuel from the Developer
shall be limited to the amounts, if any, that the Developer elects to make available to the County.
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10.A.2.b
6. SUPPLY OF SOLID WASTE TO THE FACILITY
6.1 County's Obligation to Deliver and Developer's Obligation to Process Solid Waste.
(a) Subject to the conditions contained herein, whenever the County's
Franchisee or any other Person delivers New Class I Waste to the Complex, the County must
instruct that Person to deliver the New Class I Waste to the Delivery Point. In this manner, the
County shall cause New Class I Waste to be delivered to the Facility. Subject to the conditions
contained herein, Developer must accept and Process all of the New Class I Waste that the
County delivers or causes to be delivered to the Facility.
(b) At its option, Developer may request the County to deliver (or cause to be
delivered) some or all of the New C&D Debris, New Yard Trash, and Waste Tires that are
received by the County at the Complex. Upon request, the County must deliver (or cause to be
delivered) to the Facility all of the New C&D Debris, New Yard Trash, and Waste Tires that are
received at the Complex and requested by the Developer. Developer must accept and Process all
of the New C&D Debris, New Yard Trash, and Waste Tires that Developer requests and receives
from the County.
(c) If the Developer requests and Processes all of the New Class I Waste, New
Yard Trash, and New C&D Debris that is received by the County at the Complex, Developer
may request the County to deliver Excavated Class I Waste to the Facility for Processing. In
such circumstances, the County must deliver the amount of Excavated Class I Waste that is
requested by the Developer, subject to the limits in Section 6.1(d), below. If the Developer
Processes all of the Excavated Class I Waste that the County provides, the Developer may
request and the County must deliver Excavated Yard Trash and Excavated C&D Debris, subject
to the limits in Section 6.1(d), below. Developer must accept and Process all of the Excavated
Class I Waste, Excavated Yard Trash, and Excavated C&D Debris that Developer requests and
receives from the County. In all cases involving a request for Excavated Waste, the Developer
must provide reasonable advance notice to the Director, as determined by the Director under the
circumstances.
(d) Notwithstanding anything else contained herein, the County shall have no
obligation to provide the Facility (1) more than seven hundred fifty (750) Tons of Excavated
Waste on any day or (2) any Excavated Waste on a Holiday.
6.2 County's Obligation to Sort Solid Waste.
(a) For approximately fourteen (14) years, the County has compacted and
baled the Class I Waste before placing such waste in the Class I Landfill. If the County delivers
bales of Excavated Class I Waste to the Developer, the County does not need to sort or screen
the Excavated Class I Waste before the Excavated Class I Waste is taken to the Delivery Point.
If the County delivers Excavated Class I Waste that was not baled before it was placed in the
Class I Landfill, the County shall use a Trommel or similar mechanism to reduce the amount of
soil that is mixed in with the Excavated Class I Waste, before the County delivers the Excavated
Class I Waste to the Delivery Point. The County must use a Trommel or similar mechanism to
reduce the amount of soil in any Excavated Yard Trash or Excavated C&D Debris that the
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10.A.2.b
County delivers to the Delivery Point. With regard to Excavated C&D Debris, the County may
deliver the Excavated C&D Debris to the County's C&D Recycling Facility (i.e., instead of the
usual Delivery Point) and use a vibrating screen (i.e., instead of a Trommel) to reduce the
amount of soil in the Excavated C&D Debris. In such cases, the Developer shall transport the
Excavated C&D Debris from the C&D Recycling Facility to the location desired by the
Developer.
(b) The County shall have no obligation to sort, segregate, screen, clean, or
otherwise improve any New Solid Waste before the New Solid Waste is delivered by or on
behalf of the County to the Delivery Point. Except as described in Section 6.2(a), above, the
County shall have no obligation to sort, segregate, screen, clean, or otherwise improve any
Excavated Waste before it is delivered by or on behalf of the County to the Delivery Point.
6.3 The County's Legal Mechanisms for Delivering Solid Waste to the Facility.
(a) The County currently has an exclusive franchise agreement with a
Franchisee for the collection of Garbage and certain other types of Solid Waste generated in the
unincorporated areas of the County. To the extent allowed by Applicable Law, the County shall:
(1) continue to use franchise agreements and a Franchisee to control the collection of Garbage in
the unincorporated areas of the County; and (2) continue to require its Franchisee to deliver all of
the Garbage collected pursuant to the exclusive franchise agreement to the County's Complex,
where the Franchisee will be directed to deliver the Garbage to the Developer at the Delivery
Point.
(b) The County currently has an interlocal agreement with the City of Port St.
Lucie for the collection and disposal of the Garbage generated in the City. Under this interlocal
agreement, the City is obligated to deliver its Garbage to the County's Complex. The County
shall endeavor to renew, extend, and maintain its interlocal agreement with the City throughout
the term of this Agreement.
6.4 Developer's Right to Accept Waste From Non -County Sources.
(a) At its option, Developer may enter into contracts with third parties to
accept and Process their Solid Waste at the Facility, if the County's deliveries of Solid Waste to
the Facility are less than the Processing capacity of the Facility. Under such circumstances, the
Developer may accept and Process the following types of Solid Waste at the Facility, without
receiving any further approval from the County: (1) Waste Tires generated in St. Lucie County
or elsewhere; and (2) incremental amounts of Class I Waste, Yard Trash, and/or C&D Debris
when the Developer concludes, in its sole discretion, that such materials are needed to
supplement the Solid Waste delivered to the Facility by the County. The Developer also may
accept and Process other types of Solid Waste that the Developer receives from third parties, if
the Developer receives the Board's prior written approval for such materials.
(b) Before the Developer accepts any Solid Waste from a third party for
Processing at the Facility, the Developer must demonstrate that the Facility has the Processing
capacity to accept and Process all of the MSW, Yard Waste, C&D Debris and Waste Tires that
are being delivered to the Facility by or on behalf of the County. The amount of waste being
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10.A.2.b
delivered to the Facility shall be determined as of the time when the Developer wishes to accept
Solid Waste from a third party.
(c) In all cases, the Developer shall accept and Process all of the MSW, Yard
Waste, C&D Debris, and Waste Tires that the County delivers to the Facility or causes to be
delivered to the Facility. The Parties estimate, but do not guarantee, that as of the
Commencement of Operations, the County's deliveries will be comprised of the types and
quantities of Solid Waste that are described in Section 4.1, above.
(d) Before the Developer enters into a contract with a third party for the
delivery of Solid Waste, Developer shall provide the County with thirty (30) days advance
written notice. The Developer also shall work with the County to determine whether the County
is able and willing to provide the additional Solid Waste that the Developer is seeking.
(e) Developer shall receive one -hundred percent (100%) of the fees, as
negotiated by Developer, to be paid by third parties to Developer for Processing Solid Waste in
the Facility. Developer shall be solely responsible for submitting invoices for and collecting
payment of such fees. Developer shall be solely responsible for Processing, recycling, and/or
disposing of all materials that Developer receives from third parties.
6.5 Recyclable Materials.
(a) Nothing contained herein shall be construed to restrict the County's right
to maintain, promote, and expand its Recycling programs, including the County's right to
increase the number and types of Recyclable Materials that the County recycles.
Notwithstanding anything else contained herein, the County shall have no obligation to deliver
Source Separated Recyclable Materials to the Facility.
(b) At its option, the Developer may remove any or all of the Recyclable
Materials that are contained in the Solid Waste that is delivered to the Facility. With regard to
Recyclable Materials that are removed from the Solid Waste by Developer, (1) Developer shall
be solely responsible for the removal, recycling, reuse, and disposal of the Recyclable Materials
and (2) Developer shall receive all revenues and shall pay all expenses associated with the
removal, recycling, reuse, and disposal of the Recyclable Materials. Developer also shall pay all
expenses associated with the disposal of any Solid Waste (e.g., rejects and residue) that is mixed
with the Recyclable Material.
6.6 Rejectable Materials.
(a) Developer has the right to reject a Load of New Class I Waste if the Load
contains more than a de minimis amount (i.e., five percent (5%), measured by weight or volume)
of Rejectable Material. This right does not apply to New C&D Debris or New Yard Trash
delivered by or on behalf of the County.
(b) If a Load of New Class I Waste is delivered by or on behalf of the County
and the Load contains one or more items of Rejectable Material (e.g., concrete blocks) that can
be removed easily from the Solid Waste, Developer shall use Commercially Reasonable Efforts
to remove the Rejectable Materials from the Solid Waste and shall accept the remainder of the
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10.A.2.b
Load. If the Developer removes Rejectable Material from the Solid Waste that is delivered by or
on behalf of the County, the Developer may deliver such materials to the County's Class I
Landfill or C&D Disposal Area, as appropriate. In such cases, the County shall dispose of the
Rejectable Materials, without charging any Tipping Fee to the Developer.
(c) If the Developer rejects part or all of a Load that is that is delivered to the
Facility by or on behalf of the Developer or third parties, the Developer may deliver the
Rejectable Materials to the County's Landfills for disposal, subject to the limitations in Section
7, below. In such cases, the Developer shall pay the applicable Tipping Fee for the disposal of
the Rejectable Materials.
6.7 Prohibited Waste.
The County shall not knowingly deliver and Developer shall not knowingly accept or
Process any Prohibited Waste at the Site. Developer shall be responsible for determining
whether any single item of Solid Waste or other material delivered to the Facility is Prohibited
Waste. If any Person, including the County and Persons delivering on behalf of the County,
delivers Prohibited Waste to the Site, Developer shall instruct that Person to remove the
Prohibited Waste from the Complex, in compliance with the requirements in Section 6.8, below
6.8 Developer's Inspection, Acceptance, and Rejection of County's Solid Waste.
(a) The Developer may inspect the Loads in County Vehicles at any time
while the vehicles are on the Site, provided the inspections are consistent with the Developer's
procedures for inspecting other vehicles and Applicable Law. The Developer shall have at least
one trained spotter or operator on duty at the Delivery Point at all times when County Vehicles
deliver Solid Waste to the Delivery Point. The Developer's spotter(s) or operator(s) shall inspect
the County's Solid Waste when it is unloaded at the Delivery Point and they shall determine
whether the Load contains Prohibited Waste. The Developer may refuse to accept part or all of
any Load of Solid Waste if the Developer reasonably believes the rejected material consists of
Prohibited Waste. If part of a Load in a County Vehicle consists of Prohibited Waste (e.g., a
propane gas tank) that can be removed easily from the Load, the Developer may reject the
Prohibited Waste, but the Developer shall accept the portion of the Load that is not Prohibited
Waste.
(b) If the Developer reasonably believes that a County Vehicle is about to
unload Prohibited Waste at the Site, the Developer shall immediately notify the driver of such
vehicle that he or she cannot unload the Prohibited Waste. If a County Vehicle already has
unloaded Prohibited Waste at the Site, the Developer shall immediately notify the driver, before
the driver leaves the Site, that the Prohibited Waste has been rejected by the Developer. After
notifying the driver, the Developer shall: (1) load the Prohibited Waste into the driver's vehicle;
(2) place the Prohibited Waste in a roll -off container on the Site; (3) segregate the Prohibited
Waste from the active areas of the Site; or (4) otherwise manage the Prohibited Waste in
compliance with this Agreement and Applicable Law.
(c) In all cases, the Developer shall be deemed to have accepted the Solid
Waste delivered in a County Vehicle when the Solid Waste is unloaded at the Site, unless the
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10.A.2.b
Developer informs the driver of the County Vehicle, before the driver leaves the Site, that the
waste is being rejected as Prohibited Waste and then (1) the Developer loads the Prohibited
Waste back into the County Vehicle or (2) the Developer gives notice in compliance with the
following requirements:
(i) within six (6) hours after informing the driver, the Developer shall
orally notify the Director that the Developer has rejected the Prohibited Waste; and
(ii) within three (3) Business Days after rejecting the Prohibited
Waste, the Developer shall provide written notice to the Director and the written notice shall
state: the time and date when the Prohibited Waste was rejected; the name of the driver that
delivered the Prohibited Waste; the identification number on the County Vehicle; the reason(s)
for rejecting the Prohibited Waste; the estimated quantity of Prohibited Waste; and how the
Developer has disposed of or will dispose of the Prohibited Waste.
(d) The procedures in this Section 6.8 must be followed if the Developer
wishes to reject any Solid Waste that is unloaded at the Site by a County Vehicle. If the
Developer fails to comply with these procedures, the Developer shall be deemed to have waived
its right to reject the Prohibited Waste.
(e) Title, responsibility, and liability for all of the Solid Waste delivered in a
County Vehicle shall pass to the Developer when such Solid Waste is accepted at the Site. The
Developer shall arrange and pay for the disposal of all Solid Waste, including Prohibited Waste,
that is accepted at the Site.
(f) If the Developer refuses to accept Solid Waste delivered by a County
Vehicle, and the Developer complies with the requirements in this Section 6.8 for rejecting
Prohibited Waste, the Developer may request the County to remove the Prohibited Waste from
the Site when the Developer notifies the Director pursuant to Section 6.8(c)(i), above. The
Director shall orally notify the Developer, within one (1) Business Day after receiving notice
pursuant to Section 6.8(c)(i), whether the County will remove the Prohibited Waste at its cost. If
so, the County shall remove such waste within five (5) days after receiving the Developer's oral
request. In the alternative, within one (1) Business Day after receiving notice pursuant to
Section 6.8(c)(i), the County shall authorize the Developer to arrange for the removal of the
Prohibited Waste at the County's expense, subject to terms and conditions that are mutually
acceptable to the Parties.
6.9 Delivery of Solid Waste During the Startup and CommissioningPeriod.
eriod.
The County shall have no obligation to deliver (or cause the delivery of) Solid Waste to
the Facility until the Startup and Commissioning Period. At least thirty (30) days before the
beginning of the Startup and Commissioning Period, the Developer shall provide the Director
with a written estimate of the amount of Solid Waste that the Developer will need each day of
the Startup and Commissioning Period. During the Startup and Commissioning Period, the
County shall deliver (or cause to be delivered) to the Facility as much New Solid Waste as the
Developer reasonably requires to perform the startup and commissioning of the Facility,
including the performance and compliance tests for the Facility, but the County is not required to
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10.A.2.b
deliver more New Solid Waste than the County receives at the Complex. If the Developer also
needs Excavated Waste during the startup and commissioning of the Facility, Developer shall
provide reasonable advance notice and otherwise work closely with the Director to ensure that
the County has the equipment and personnel available to provide the necessary quantity of
Excavated Waste to the Facility. The County shall deliver the requested quantity of Excavated
Waste, subject to the limitations in Section 6.1(d), above.
6.10 Storage of Waste Supply.
(a) The County only receives Loads of New Solid Waste during the Receiving
Times at the Complex. The Facility, however, will operate continuously, twenty-four (24) hours
per day and seven (7) days per week, except during Planned and Unplanned Outages.
Accordingly, the Facility must be designed and constructed with enclosed areas where the
Developer can store enough Solid Waste so that the Developer can continue to operate the
Facility when the County is not delivering Solid Waste to the Facility. At a minimum, the
Developer must design and construct the Facility with enclosed areas that have sufficient storage
capacity to hold safely at least two thousand five hundred (2,500) Tons of Solid Waste or Refuse
Derived Fuel.
(b) The County shall not deliver (or cause to be delivered) Solid Waste to the
Facility if the Facility's enclosed storage areas are full or the Facility is otherwise unable to
accept additional Loads of Solid Waste.
(c) If the Developer rejects any Solid Waste delivered by or on behalf of the
County because the Facility does not have sufficient storage capacity or Processing capacity for
such waste, the County's rejected waste may be disposed of by the County in its Landfills. The
County will receive the Tipping Fees for such waste.
(d) Developer shall provide reasonable advance written notice to the Director
if the Developer wants the County to deliver Excavated Waste for the Developer to stockpile in
the storage area in the Facility. The County shall use good faith efforts to ensure that the
Excavated Waste is delivered to the Facility within a reasonable time after it is requested, subject
to the limitations in Section 6.1(d), above.
6.11 Waste Deliveries During Outages.
Developer shall provide the Director with reasonable advance written notice of each
period when the Processing capacity of the Facility will be reduced as a result of a Planned
Outage or other foreseeable condition. The Developer also shall provide the Director with
written notice promptly after discovering that an Unplanned Outage or other unanticipated
condition will reduce the Facility's Processing capacity. Developer's notice shall identify (a) the
extent to which the Facility's Processing capacity has been or will be reduced, (b) the anticipated
date and time when the Facility's Processing capacity will be restored, and (c) the amount of
Solid Waste, if any, the Developer wishes to receive from the County during the period when the
Facility's Processing capacity is reduced. During outages and reduced operations, all of the New
Solid Waste that is delivered to the Complex by or on behalf of the County and not accepted by
Developer will be disposed of in the County's Landfills. The County will receive all Tipping
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10.A.2.b
Fees associated with such waste. During outages and reduced operations at the Facility, if the
Developer rejects any Solid Waste delivered to the Complex by third parties pursuant to Section
6.4, such waste also may be rejected at the County's Landfills. If the County elects to accept
such waste for disposal in the County's Landfills, the County shall receive all Tipping Fees for
such waste.
6.12 Waste Processing Priorities.
The Developer will accept and Process Solid Waste at the Facility in the following order
of priority:
6.4, above; and
(i) First, New Solid Waste delivered by or on behalf of the County;
(ii) Second, Solid Waste delivered to the Facility pursuant to Section
(iii) Third, Excavated Waste.
6.13 Exclusive Waste Processor.
The County agrees that it has not entered into and will not enter into any contracts with
any Person, except Developer, for (a) the Processing or disposal of the New Solid Waste that is
delivered to the Complex or (b) the recycling or reuse of the Solid Waste contained in the
County's Landfills. However, if Developer rejects part or all of the County's New Solid Waste
or Excavated Waste for any reason, the County may deliver (or cause another Person to deliver)
the rejected Solid Waste to the Landfills or another appropriate facility for recycling, reuse,
disposal or other purposes and the County may enter into appropriate contracts for the
management of such Solid Waste.
6.14 Disclaimer Concerning Waste Composition.
The County does not guarantee and affirmatively disclaims any representations
concerning the composition of the Solid Waste that the County will deliver or cause to be
delivered to the Facility. The County's disclaimer covers and includes but is not limited to (a)
the physical and chemical properties of the Solid Waste, (b) the moisture content of the Solid
Waste, (c) the energy value (i.e., BTU content) of the Solid Waste, and (d) the amount of
Recyclable Material, Rejectable Material, and other material in the Solid Waste.
6.15 No Limits on Origin of County Solid Waste.
This Agreement imposes no limits on the origin of the Solid Waste delivered to the
Facility by or on behalf of the County. Among other things, the County may deliver (or cause to
be delivered) Solid Waste generated outside the unincorporated areas of St. Lucie County,
Florida, or Solid Waste generated by a Person other than the County. The County also may
cause Solid Waste to be delivered by an agent (e.g., a Franchisee) or other third party, such as a
municipality.
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10.A.2.b
6.16 Monthly Communications Concerning Waste Supply.
The Manager shall deliver a Monthly Report to the Director on or before the tenth (1 Oth)
Business Day of each Billing Month. At a minimum, the Monthly Report shall provide the
following information: (a) the amount of Solid Waste that was Processed at the Facility each day
during the previous month; (b) the dates when there will be a Planned Outage or other known
event that will reduce the operations at the Facility during the current Billing Month or any of the
next six (6) Billing Months; (c) any information in Developer's possession that Developer
reasonably expects may affect the County's plans concerning the delivery of Solid Waste to the
Facility in the future; and (d) any other information reasonably requested by the Director. The
Director and the Manager shall meet at least once each month to discuss the Monthly Report, any
issues that may reasonably be expected to affect the delivery and acceptance of Solid Waste at
the Facility, and other issues related to the Parties' obligations and performance under this
Agreement.
6.17 Limitations Imposed Under Tropicana Contract.
Notwithstanding anything else contained herein, the County shall have no obligation to
deliver any Excavated Class I Waste to the Developer if such delivery would constitute a breach
of the County's obligations under its Landfill Gas Agreement (dated November 23, 2004) with
Tropicana Manufacturing Company, Inc. ("TMC"). Based on the provisions of Section 5.7 of
the Landfill Gas Agreement, the County cannot deliver Excavated Class I Waste to the
Developer before September 30, 2020. However, subject to the other conditions herein, the
County can and will deliver Excavated C&D Debris to the Developer until the County can
deliver Excavated Class I Waste in compliance with the Landfill Gas Agreement.
7. USE OF COUNTY'S LANDFILLS
(a) The County has the right to restrict or reject the delivery of any Solid
Waste or other material at the County's Landfills, subject to the limitations contained in this
Agreement. The County also has the right to collect the then current Tipping Fees for the
disposal of any Solid Waste or other material in the County's Landfills, except as otherwise
expressly provided herein.
(b) Notwithstanding anything else contained herein, the Developer will not be
allowed to dispose of more than one hundred (100) Tons of Rejectable Material in the Landfills
on any day, unless the Developer receives the Director's prior written approval.
(c) The Developer will not be allowed to dispose of Ash in the Landfills,
unless the Developer receives the Director's prior written approval.
(d) If a third party delivers Solid Waste or other material to the Complex for
the Developer pursuant to Section 6.4, above, and such material is rejected by the Developer for
any reason, the County may refuse to accept such material for disposal in the County's Landfills.
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10.A.2.b
8. FEES AND REVENUES
8.1 The Developer's Invoices to the County.
(a) The County shall provide the Developer with scalehouse information
pursuant to Section 5.2(b), above, to enable the Developer to prepare its invoices to the County
The Developer's invoice shall be in a format that is acceptable to the Director.
(b) The Manager shall submit the Developer's invoice to the Director no later
than the twentieth (20th) Business Day of each Billing Month. The invoice shall provide the
following information concerning the previous Billing Month: (1) the total amount of the
Processing Fees owed to the Developer by the County; and (2) the total amount of any other fees
or charges to be paid to Developer under this Agreement. The Developer's invoice shall include
any supporting information reasonably requested by the Director. The County shall have the
right to dispute the amount requested in the Developer's invoice, but all undisputed amounts
shall be paid by the County in compliance with the Florida Prompt Payment Act.
(c) With regard to Section 8.1(b), above, the amount of the Processing Fees
owed to the Developer shall be calculated by multiplying (1) the number of Tons of New Solid
Waste delivered to the Facility by or on behalf of the County and Processed by the Developer
during the Billing Month by (2) the applicable Processing Fee. The following table contains the
applicable Processing Fees and it presents the basic format that should be used when calculating
the total amount of the Processing Fees that are owed to the Developer each Billing Month:
Type of New Solid
Quantity of New
Processing Fee (as
Monthly Total (U.S.
Waste Processed by
Solid Waste
adjusted for CPI)
Dollars)
Developer
Delivered by
County and
Processed by
Developer During
Billing Month
MI
LM
(Tons)
No
New Class I Waste
$20 / Ton
$
New Yard Trash
...............................................................................................................................................................................................................................................10
...............................................................................................................................................................................................................................................
$10 / Ton
$
New C&D Debris
$ / Ton
$
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Waste Tires
1
1 $60 / Ton
I $
(d) The County shall pay the Processing Fee for all New Solid Waste that is
delivered to the Facility by or on behalf of the County and Processed in the Facility, including
New Solid Waste that is delivered during the Startup and Commissioning Period.
(e) The County shall not pay any Processing Fee for: (1) any Excavated
Waste that is Processed by the Facility; (2) any Solid Waste that is rejected by the Developer; (3)
any Solid Waste that is not Processed in the Facility; (4) any Solid Waste that is delivered to the
Facility by or on behalf of the Developer; and (5) any Solid Waste that is delivered to the Facility
by a Person that is not acting on behalf of the County.
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10.A.2.b
8.2 CPI Adjustments to the Processing Fee.
(a) On October 1, 2016 and each October 1 thereafter during the Term of this
Agreement, the Processing Fees shall be adjusted to reflect the change in the Consumer Price
Index ("CPI") during the previous year due to inflation or deflation. Specifically, the Processing
Fees in Section 8.1(c), above, shall be adjusted by an amount that is equal to one hundred percent
(100%) of the percentage change that occurred in the CPI during the most recent twelve (12)
consecutive month period beginning on April 1 and ending on March 31. For example, with
regard to the CPI adjustment on October 1, 2016, the relevant period will be April 1, 2015
through March 31, 2016.
(b) The percentage change in the CPI shall be calculated by using the
following formula:
PC = CPI 1 divided by CPI 2, minus 1.0, multiplied by 100
Where:
PC is the percentage change in the CPI from one year to the next
CPI 1 is the CPI index number for the most recent April (e.g., April 2016)
CPI 2 is the CPI index number for April in the year before CPI 1 (e.g., April
2015)
(c) Notwithstanding anything else contained herein, a single CPI adjustment
to the Processing Fees shall not increase the Processing Fees by more than four percent (4.0%)
and there shall be no "catch up" adjustment to the Rates in future years. Stated differently, there
will not be an adjustment to the Rates in the future to offset or mitigate the effect of the four
percent (4.0%) "cap" in a year when the CPI adjustment would exceed four percent (4.0%), but
for the four percent (4.0%) limitation contained herein.
(d) Notwithstanding anything else contained herein, the CPI adjustment shall
result in an increase in the Processing Fee of one percent (1.0%) or more each year. Stated
differently, the Processing Fee shall increase at least one percent (1.0%), even if the application
of the formula set forth in Section 8.2(b), above, would result in a smaller increase or a reduction
in the Processing Fees.
(e) If the CPI is discontinued or substantially altered, the County may select
another relevant price index published by the United States government or by a reputable
publisher of financial and economic indices.
(f) Schedule 6 contains sample calculations that demonstrate how the CPI
adjustments will be calculated under hypothetical circumstances.
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10.A.2.b
8.3 The County's Invoices to the Developer.
If the Developer owes any money to the County, the County shall submit the County's
invoice to the Manager. The invoice shall provide the following information concerning the
previous Billing Month: (1) the total amount of all Tipping Fees owed to the County by the
Developer; and (2) the total amount of any other fees or charges to be paid to the County under
this Agreement. The amount of the Tipping Fees owed to the County shall be calculated by
determining the amount of Solid Waste delivered to the County's Landfills by or on behalf of the
Developer during the relevant Billing Month and then multiplying that amount by the applicable
Tipping Fee, except where this Agreement expressly provides that the County or a third party
must pay the Tipping Fees. The County's invoice shall include any supporting information
reasonably requested by the Developer. The Developer shall have the right to dispute the
amount requested in the County's invoice, but all undisputed amounts shall be paid within thirty
(30) days after the Developer receives the County's invoice.
8.4 Verification of Payment Amounts.
The County's acceptance and payment of any bill from the Developer, and the County's
deduction of any amount from any payment due to the Developer, shall not be construed as an
accord that the amount paid is the correct amount, nor shall it be construed as a release of any
claim the County may have for additional sums payable from the Developer.
8.5 Late Pa ents.
Late payment of any invoice submitted hereunder shall bear interest at a rate determined
pursuant to Section 55.03(1), Florida Statutes.
8.6 Developer's Revenues.
Any and all revenues derived by Developer from its operations under this Agreement
shall be the exclusive property of Developer. The County shall have no claim or right to any
portion of such revenues. Among other things, the provisions of this paragraph apply to and
include the revenues derived by the Developer from the sale of the Facility's electricity, steam,
Ash, By -Products, Recyclable Materials, Renewable Energy Credits, and synthetic diesel fuel.
8.7 Developer's Billings.
The Developer shall be solely responsible for billing and collecting any revenues or fees
owed to the Developer. Among other things, the County shall not be responsible for submitting
invoices to or collecting money from any third party that delivers Solid Waste to the Facility for
the Developer pursuant to Section 6.4, above.
9. REPRESENTATIONS AND WARRANTIES
9.1 Developer's Representations, Warranties and Covenants.
Developer hereby represents and warrants as follows:
22
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10.A.2.b
(a) Developer is a limited liability company formed, duly organized, validly
existing, and in good standing under the laws of the State of Florida. Developer is qualified to
do business in every jurisdiction necessary to carry on the business and operations contemplated
by this Agreement. Developer has all requisite power and authority to conduct its business, to
own its properties, and to execute, deliver, and perform its obligations under this Agreement.
(b) The execution, delivery, and performance of its obligations under this
Agreement by Developer have been duly authorized by all necessary corporate action, and do not
and will not:
(i) require any consent or approval by any Governmental Authority
other than that which has been obtained and is in full force and effect;
(ii) violate any Applicable Law or violate any provision in any
formation documents of Developer;
(iii) result in a breach or constitute a default under Developer's
formation documents or bylaws, or under any agreement relating to the management or affairs of
Developer, or any indenture or loan or credit agreement, or any other agreement, lease, or
instrument to which Developer is a party or by which Developer or its respective properties or
assets may be bound or affected; or
(iv) result in, or require the creation or imposition of any mortgage,
deed of trust, pledge, lien, security interest, or other charge or encumbrance of any nature upon
or with respect to any of the assets or properties of Developer, as applicable, now owned or
hereafter acquired.
(c) The obligations of Developer under this Agreement are valid and binding
obligations of Developer, and enforceable against Developer by the County.
(d) The execution and performance of this Agreement will not conflict with or
constitute a breach or default under any contract or agreement of any kind to which Developer is
a party, or any judgment, order, statute, or regulation that is applicable to Developer or the
Facility.
(e) To the best knowledge of the Developer, all governmental approvals
necessary for Developer's execution, delivery and performance of this Agreement have been
duly obtained and are in full force and effect, except for those Permits identified by Developer in
Schedule 5.
(f) Subject to Section 20.9 herein, Developer shall comply with all Applicable
Laws in effect or that may be enacted during the Term of this Agreement.
(g) Developer has not employed or retained any Person, other than a bona fide
employee working solely for Developer, to solicit or secure this Agreement, and Developer has
not paid or agreed to pay any Person, other than a bona fide employee working solely for
Developer, any fee, commission, percentage, gift or any other compensation contingent upon or
resulting from the award or making of this Agreement.
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10.A.2.b
(h) Developer is not subject to the restrictions in Sections 287.133 and
287.134, Florida Statutes, for a public entity crime.
(i) Developer is not listed or included in the Scrutinized Companies with
Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy List, which are created pursuant to Section 215.473, Florida Statutes.
9.2 County's Representations, Warranties and Covenants.
County hereby represents and warrants as follows:
(a) County is a political subdivision of the State of Florida. County has all
requisite power and authority to conduct its business, to own its properties, and to execute,
deliver, and perform its obligations under this Agreement.
(b) The execution, delivery, and performance of its obligations under this
Agreement by County have been duly authorized by all necessary action and do not:
(i) require any further consent or approval from the Board;
(ii) violate any Applicable Law;
(iii) result in a breach or constitute a default under any agreement
relating to the management or affairs of County, or any indenture or loan or credit agreement, or
any other agreement, lease, or instrument to which County is a party or by which County or its
properties or assets may be bound or affected; or
(iv) result in, or require the creation or imposition of, any mortgage,
deed of trust, pledge, lien, security interest, or other charge or encumbrance of any nature upon
or with respect to any of the assets or properties of County now owned or hereafter acquired, the
creation or imposition of which could reasonably be expected to have a material adverse effect
on the ability of County to perform its obligations under this Agreement.
(c) The obligations of County under this Agreement are valid and binding
obligations of County, enforceable against the County by Developer.
(d) The execution and performance of this Agreement will not conflict with or
constitute a breach or default under any contract or agreement of any kind to which County is a
party or any judgment, order, statute, or regulation that is applicable to County.
(e) To the best knowledge of County, all required governmental approvals
necessary for County's execution, delivery and performance of this Agreement have been duly
obtained and are in full force and effect, except for those Permits identified in Schedule 5.
24
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10.A.2.b
10. DEFAULT AND REMEDIES
10.1 Termination Upon Default.
Either Party has the right to terminate this Agreement by providing notice to the other
Party (a "Default Notice") upon the occurrence of an Event of Default with respect to the other
Party that is not cured within the time periods set forth in Section 10.2, below. This Agreement
shall terminate thirty (30) days after the Default Notice is delivered, unless the Parties mutually
agree to a different date.
(a) "Event of Default" means with respect to a Party:
(i) The failure of that Party to make payment as required or perform
any other material obligation under this Agreement;
(ii) That Party experiences an Insolvency Event; or
(iii) The making by that Party of a materially incorrect or misleading
representation or warranty in this Agreement, provided that the Default Notice is delivered
promptly after the other Party discovers the presence of such materially incorrect or misleading
representation or warranty in this Agreement.
(b) "Insolvency" with respect to a Party means that either that Party:
(i) is dissolved (other than pursuant to a consolidation, amalgamation
or merger);
(ii) makes a general assignment, arrangement or composition with or
for the benefit of its creditors;
(iii) institutes or has instituted against it a proceeding (which is not
dismissed within ninety (90) days of its filing) seeking a judgment of insolvency or bankruptcy
or any other relief under any bankruptcy or insolvency law or other similar law affecting
creditors' rights, or a petition is presented for its winding -up or liquidation, and such proceeding
or petition is not dismissed within ninety (90) days after it is filed;
(iv) has a resolution passed for its winding -up or liquidation (other than
pursuant to a consolidation, amalgamation or merger);
(v) seeks or becomes subject to the appointment of an administrator,
provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or
for all or substantially all its assets; or
(vi) has a secured party take possession of all or substantially all its
assets or has a distress, execution, attachment, sequestration or other legal process levied,
enforced or sued on or against all or substantially all its assets.
25
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10.A.2.b
10.2 Notice and Right to Cure.
A Party shall not terminate this Agreement unless the following conditions are met:
(a) If a Party fails to make any monetary payment required by this
Agreement, the Party entitled to such payment shall provide the Party obligated to make such
payment a written notice specifying such failure. The Party receiving the notice shall have ten
(10) Business Days to make the payment after receipt of such notice.
(b) With respect to any other obligation specified in this Agreement, the Party
to whom such obligation is owed shall first provide the other Party a written notice specifying
such failure. The Party receiving the notice shall have a thirty (30) day period after receipt of
such notice to cure the failure of performance, if such performance is reasonably susceptible of
being cured. With respect to any failure which is reasonably susceptible of being cured but
cannot reasonably be cured within thirty (30) days, the Party obligated to take action must
commence within such thirty (30) days all acts as will be necessary to cure such failure and the
Party shall diligently and continuously work to complete such acts within a time period that is
reasonable under the circumstances. If the defaulting Party satisfies these requirements, the time
to cure the default shall be extended to include such additional time as is reasonably necessary to
effect a cure, provided that the defaulting Party exercises continuous diligent efforts to cure the
default during the extended cure period. In all cases, however, the time to cure shall not be
longer than ninety (90) days after the non -defaulting Party sent notice to the defaulting Party. If
a defaulting Party fails to cure the default within the cure period, the non -defaulting Party may
terminate this Agreement.
(c) The County's right to exercise its remedies pursuant to this Section 10 is
subject to the County's first delivering notice of an Event of Default to the primary lender that is
providing financing for the Facility. In addition to any cure periods granted to Developer set
forth in Section 10.2(a) and (b), above, the County shall afford to the primary lender an
additional period of thirty (30) days from the date of such notice to cure the Event of Default or
to cause a designee of such lender to assume the Developer's responsibilities under this
Agreement and cure such Event of Default within such additional time period. The County's
obligation to provide notice pursuant to this Section 10.2(c) shall apply only if the Developer's
primary lender is identified to the County in compliance with Section 20.4 before the Event of
Default occurs.
10.3 Remedies Upon Default.
Without limitation of any remedies provided in this Agreement, upon the occurrence and
continuation of an Event of Default, the non -defaulting Party will have the right to pursue all
remedies available at law or in equity, including specific performance. Additionally, the non -
defaulting Party shall have the right to recover from the defaulting Party the actual damages it
suffered as a result of the Event of Default. However, notwithstanding anything to the contrary
contained herein, no Party shall be liable to the other Party for consequential, incidental, delay,
cover, punitive, exemplary or indirect damages, lost profits or other business interruption
damages, arising under or by statute, in tort or contract (except to the extent expressly provided
herein). To the extent any damages to be paid hereunder are deemed liquidated, the Parties
26
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10.A.2.b
acknowledge that such damages are difficult or impossible to determine, that otherwise obtaining
an adequate remedy is inconvenient, and that the liquidated damages constitute a reasonable
approximation of the harm or loss.
10.4 Restoration of Site.
If this Agreement is terminated due to an Event of Default by Developer, Developer shall
remove the Facility and restore the Site, including the portions of the Baling Building used by
Developer, to substantially the same condition the Site was in, normal wear and tear excepted,
when possession of the Site was transferred to Developer, unless the County agrees otherwise in
writing. Pursuant to Section 15 herein, Developer shall provide the County with a bond or other
Financial Assurance Mechanism to ensure that Developer will restore the Site to such condition.
Developer shall complete the restoration of the Site within one hundred eighty (180) days after
the termination of this Agreement or the Developer shall forfeit automatically all of its right,
title, and interest in the Facility to the County, without any further action being taken by either
Party.
10.5 Termination for Convenience Before Commencement of Construction.
Developer shall have the right to terminate this Agreement at any time before the
Commencement of Construction. Developer may exercise this right, with or without cause, for
any or no reason, even if there has been no Event of Default by the County. Developer's right to
terminate the Agreement pursuant to this Section 10.5 shall expire upon the Commencement of
Construction.
10.6 County's Right to Withhold Payment.
If the Developer owes any Tipping Fees to the County and fails to pay such Fees in
compliance with the schedule set forth in Section 10.2(a), above, the County may withhold the
amount owed from the County's payments to the Developer for Processing Fees.
11. FORCE MAJEURE
11.1 Force Majeure.
An event of Force Majeure is defined in Schedule 1.
11.2 Effect of Force Majeure.
(a) Except as otherwise provided in this Agreement, each Party shall be
excused from performance when non-performance was caused by a Force Majeure event but
only if. (i) the non -performing Party gives the other Party notice describing the occurrence of the
Force Majeure event pursuant to Section 11.3, below; (ii) the non-performance is of no greater
scope and of no longer duration than is required by the Force Majeure event; and (iii) the non-
performing Party continuously and diligently uses Commercially Reasonable Efforts to remedy
its inability to perform.
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10.A.2.b
(b) The existence of a Force Majeure event shall not relieve the Parties of any
obligation under this Agreement (including payment obligations) to the extent that performance
of such obligation is not precluded by the Force Majeure event.
(c) In no event will any delay or failure of performance caused by Force
Majeure extend this Agreement beyond its stated Term.
(d) Notwithstanding any other provision in this Agreement to the contrary, in
the event that any delay or failure of performance caused by Force Majeure continues for an
uninterrupted period of ninety (90) days from its inception, the Party not claiming Force Majeure
may, at any time following the end of such period if the Force Majeure event is still in effect,
terminate this Agreement upon written notice to the affected Party.
11.3 Notification Obligations.
In the event of any delay or nonperformance resulting from a Force Majeure event, the
Party claiming that a Force Majeure event has occurred shall notify the other Party immediately
by telephone and/or email, and in writing within five (5) days of such occurrence. The notice
shall describe the nature and cause of the Force Majeure, the date of commencement and the
anticipated duration of the Force Majeure, and shall indicate whether any deadlines imposed
hereunder may be affected by the event of Force Majeure. The notice shall describe the
measures that have been taken and the measures that will be taken to mitigate or eliminate the
effects of the Force Majeure event. A Party claiming that a Force Majeure event has occurred
shall not be entitled to any relief unless and until conforming notice is provided. The Party
claiming that a Force Majeure event has occurred shall notify the other Party of the cessation of
the Force Majeure event or of the conclusion of the affected Party's cure for the Force Majeure
event, in either case within two (2) Business Days thereof.
11.4 Duty to Mitigate.
The Party claiming that a Force Majeure event has occurred shall use its best efforts to
cure the cause(s) preventing its performance of this Agreement and shall provide to the other
Party weekly progress reports describing the actions taken to end the Force Majeure event and
perform its obligations.
12. DISPUTE RESOLUTION
12.1 Mediation.
(a) All claims, disputes and controversies arising out of or related to the
performance, interpretation, application or enforcement of this Agreement, including but not
limited to claims for payment and claims for breach of this Agreement, may be referred to non-
binding mediation before initiation of any adjudicative action or proceeding, at law or in equity,
unless it shall be unreasonable to do so or an emergency situation or necessity dictates otherwise.
All applicable statutes of limitations and defenses based on the passage of time shall be tolled
while the mediation process is pending. The Parties will take all reasonable measures necessary
to effectuate such tolling.
Packet Pg. 383
10.A.2.b
(b) Developer and the County agree to participate fully in the mediation
process and conscientiously attempt to resolve their dispute. Each Party shall bear its own
expenses in connection with the mediation. Both Parties shall pay equally for the services of the
mediator. The mediation shall take place in St. Lucie County, Florida. The mediation shall be
conducted in compliance with the rules adopted by the Florida Supreme Court and the provisions
in Chapter 44, Florida Statutes.
12.2 Meeting with County Administrator and Board.
When a dispute between the County and the Developer is pending or threatened,
Developer may attempt to resolve the dispute with the Administrator. Developer's written
request shall be delivered to the Administrator and it shall describe Developer's proposed
solution for resolving the dispute. The Parties may exchange additional information that is
reasonably necessary to evaluate the disputed issue and Developer's proposal. The
Administrator shall fully and fairly consider Developer's proposal in a timely manner. Upon
request, the Administrator shall meet with Developer and discuss its proposal. If the
Administrator rejects Developer's proposal in whole or in part, Developer shall be allowed to
present its proposal to the Board at a duly noticed public meeting; provided, however, Developer
must deliver its written proposal to the Board at least thirty (30) days before the public meeting.
The Board may accept or reject Developer's proposal, or take other action that the Board deems
appropriate, in the Board's sole discretion. If the Parties are unable to resolve the dispute under
this Section 12.2, either Party may initiate a non -binding mediation process in accordance with
the provisions of Section 12.1 above.
12.3 Litigation.
If either Party is dissatisfied after following the procedures in Sections 12.1 or 12.2, it
may initiate litigation, subject to the provisions in this Agreement.
12.4 Disputes Relating to Termination For Cause.
Notwithstanding the other provisions in this Section 12, if any Party terminates this
Agreement for cause, the terminating Party shall have the right, in its sole discretion, to proceed
directly with litigation of any claims or disputes relating to the termination for cause and may
include other claims and disputes unrelated to the termination, and shall not be required to
submit such claims or disputes to mediation. In any litigation concerning or arising under this
Agreement, the Parties shall pay their own costs, expenses, and attorneys' fees.
12.5 Waiver of Jury Trial.
The Parties agree that any claim filed in state or federal court concerning this Agreement
shall be heard by a judge, sitting without a jury. THE PARTIES HEREBY KNOWINGLY,
VOLUNTARILY, AND PERMANENTLY WAIVE ANY RIGHT THEY MAY HAVE TO A
JURY TRIAL CONCERNING ANY MATTER THAT ARISES FROM OR IS BASED ON
THE INTERPRETATION, APPLICATION, OR ENFORCEMENT OF THE TERMS OF THIS
AGREEMENT.
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10.A.2.b
12.6 Jurisdiction and Venue.
The Parties acknowledge and agree that with respect to any action, suit, or other
proceeding (a "proceeding") to enforce, interpret, or apply the provisions of this Agreement,
each Party irrevocably submits to the exclusive jurisdiction of the state and federal courts in and
for St. Lucie County, Florida, and waives any objection which it may have at any time to the
laying of venue of any proceeding brought in any such court, and waives any claim that such
proceeding has been brought in an inconvenient forum, and waives the right to object that such
court does not have jurisdiction over such Party.
12.7 Governing Law.
The laws of the State of Florida shall govern the rights, obligations, duties, and liabilities
of the Parties to this Agreement and shall govern the interpretation of this Agreement.
12.8 Sovereign Immunity.
Nothing in this Agreement shall be interpreted or construed to constitute a waiver of the
County's common law sovereign immunity or the limits on liability set forth in Section 768.28,
Florida Statutes, for tort claims.
12.9 Operations During Dispute.
If a dispute (that is not an Event of Default) arises between the County, the Developer,
and/or any other Person concerning a Party's performance, obligations, rights, or compensation
under this Agreement, the Parties shall continue to perform their respective duties in strict
compliance with the requirements of this Agreement, regardless of the pending dispute.
13. DAMAGES AND INDEMNIFICATION
13.1 Liability.
The Developer shall be liable for all injuries and conditions that are caused by or result
from the Developer's actions, including but not limited to the Developer's failure to perform in
accordance with the terms of this Agreement. To the extent that the County and Developer are
joint tortfeasors, losses shall be apportioned in the manner described in Section 13.3, below.
13.2 Developer's Indemnification.
(a) To the greatest extent allowed by Applicable Law, the Developer releases
and shall indemnify, hold harmless, and, if requested by the County, defend, each of the County
Indemnified Parties from and against every Indemnified Loss that is caused by or results from,
directly or indirectly, in whole or in part, any negligent or willful act or omission of the
Developer, the Developer's officers, employees, agents and invitees, any tier of subcontractor to
the Developer or any subcontractor to a subcontractor of the Developer, or anyone employed by
any of those Persons for whose acts or omissions any of them may be liable, except to the extent
resulting from the negligent acts or omissions of the County Indemnified Party. The obligation
of the Developer under this Section 13.2 is absolute and unconditional; it is not conditioned in
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any way on any attempt by a County Indemnified Party to collect from an insurer any amount
under a liability insurance policy, and is not subject to any set-off, defense, deduction, or
counterclaim that the Developer might have against the County Indemnified Party.
(b) It is the intent of this Section 13.2 that the Developer's indemnification
obligations include all joint and several liability of the Developer, any subcontractor to the
Developer, or any subcontractor to a subcontractor of the Developer, and anyone directly or
indirectly employed by any of them, or anyone for whose acts or omissions any of them may be
liable.
(c) The County may employ any outside counsel of its choice or may use its
in-house counsel to enforce or defend its right to indemnity provided by this Agreement. If a
County Indemnified Party requests that the Developer defend it with respect to any Indemnified
Loss, the County Indemnified Party may participate in the defense at its sole cost and expense.
The Developer shall advance or promptly reimburse to a County Indemnified Party any and all
costs and expenses incurred by the County Indemnified Party in connection with investigating,
preparing to defend, settling, or defending any legal proceeding for which the County
Indemnified Party is entitled to indemnification under this Agreement.
13.3 Contribution.
In the event of joint negligence on the part of the County and the Developer, any loss and
costs shall be apportioned in accordance with the provisions of Section 768.31, Florida Statutes,
the Uniform Contribution Among Tortfeasors Act, as it exists on the Effective Date, subject to
the recovery limits set forth in Section 768.28, Florida Statutes, in effect on the Effective Date.
13.4 Fines and Penalties.
If the Developer fails to comply with any Applicable Law, the Developer shall promptly
pay to the County the following:
(1) All lawful fines, penalties, and forfeitures charged to the County by any
judicial order or by any Governmental Authority responsible for the enforcement of the
Applicable Law; and
(2) The actual costs incurred by the County as a result of the Developer's
failure to comply with the Applicable Law, including any costs incurred in investigating and
remedying the conditions which led to or resulted from the Developer's failure to comply with
the Applicable Law.
13.5 No Personal Liability.
Nothing in this Agreement shall be construed as creating any personal liability on the part
of any officer, employee, agent or representative of the County or the Developer.
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14. DEVELOPER'S INSURANCE
14.1 Developer's Insurance.
The Developer shall maintain, on a primary basis and at its sole expense, at all times after
the Effective Date until this Agreement expires or is terminated, policies of insurance that insure
the Contactor against claims, demands, or causes of action for injuries received or damages to
people or property relating to the Developer's acts and omissions under this Agreement. At a
minimum, the Developer shall maintain at all times the following insurance coverage, with the
limits and endorsements described herein. The requirements contained herein, as well as the
County's review or acceptance of insurance maintained by the Developer, is not intended to and
shall not in any manner limit or qualify the liabilities or obligations assumed by Developer under
this Agreement.
14.2 Commercial General Liability.
Developer shall maintain Commercial General Liability with the following minimum
limits and coverage:
Each Occurrence/General Aggregate $1,000,000/$2,000,000
Products — Completed Operations $2,000,000
Personal and Adv. Injury $1,000,000
Fire Damage $ 200,000
Contractual Liability Included
The General Liability insurance form shall be no more restrictive than the latest edition of the
Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services
Office or equivalent, without restrictive endorsements. Coverage shall not contain any
endorsement(s) excluding nor limiting Products/Completed Operations, Contractual Liability or
Cross Liability any further than the restrictions included in the latest edition of the Occurrence
Form Commercial General Liability policy (CG 00 01) or equivalent. The coverage shall
include: (1) Bodily Injury and Property Damage; (2) Premises and Operations; (3) Independent
Contractors; (4) Products and Completed Operations; (5) Broad Form or equivalent Contractual
Coverage applicable to the Agreement and consistent with the indemnification and hold harmless
provisions in the Agreement; (6) Broad Form or equivalent Property Damage Coverage; and (7)
Personal Injury Coverage; all with employment and contractual exclusions removed and deleted.
14.3 Business Automobile Liability.
Developer shall maintain Business Automobile Liability at a limit of liability not less
than $1,000,000 Combined Single Limit / Each Accident. Coverage shall include liability for
Owned, Non -Owned & Hired automobiles.
14.4 Pollution Liability.
Developer shall maintain Pollution Liability at a minimum limit not less than $2,000,000
Each Occurrence / $2,000,000 Aggregate including all sudden and non -sudden events.
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14.5 Excess Liability.
Developer shall maintain Excess Liability at a limit of liability not less than $5,000,000
Each Occurrence / $5,000,000 Aggregate. Developer shall include each required policy herein as
an underlying policy on the Excess Liability, unless the total combined limit of the Excess
Liability is satisfied in the required policy. Developer shall endorse the County as an
"Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance
states the Excess Liability provides coverage on a "True Following -Form" basis. This liability
may be satisfied by the Umbrella Liability form, and the limit may be satisfied by multiple layers
of coverage.
14.6 Worker's Compensation Insurance & Employers Liability.
Developer shall maintain Worker's Compensation Insurance & Employers Liability in
accordance with Chapter 440, Florida Statutes. Developer shall maintain Employers' Liability
Limits not less than $1,000,000 Each Accident, $1,000,000 Disease Each Employee, and
$1,000,000 Disease Policy Limit.
14.7 Additional Insured Endorsements.
Developer shall endorse its insurance with the County as an Additional Insured as
follows: (1) for the Commercial General Liability, the Developer shall endorse the County with
either a CG 2026 Additional Insured — Designated Person or Organization endorsement or CG
2010 Additional Insured — Owners, Lessees, or Developers — Scheduled Person or Organization
endorsement, or similar endorsement; (2) for the Business Automobile Liability, the Developer
shall endorse the County with a CA 2048 — Designated Insured, or similar endorsement; (3) for
the Pollution Liability, the Developer shall endorse the County with the standard Additional
Insured endorsement filed by the insurer for use in the State of Florida; and (4) for the Excess
Liability, the Developer shall endorse the County as an "Additional Insured" on the Umbrella or
Excess Liability, unless the policy provides coverage to the underlying policies on a "True
Following -Form" basis. The Additional Insured shall read "St. Lucie County, Florida, a political
subdivision of the State of Florida, and its Board of County Commissioners" for all
endorsements. These endorsements shall specifically state that the coverage afforded by the
endorsement shall be provided on a primary and non-contributory endorsement. This primary
and non-contributory language can be included in the additional insured endorsement, can be
provided in a separate stand-alone endorsement, or this language can be included in the actual
liability coverage form for the line of insurance coverage that is being evidenced to the County.
A copy of any endorsement issued to extend coverage to the County must be provided when
evidencing insurance to the County.
14.8 Waiver of Subro-ag tion.
Developer agrees to a Waiver of Subrogation for each policy required herein. When
required by the insurer, or should a policy condition not permit Developer to enter into an pre -
loss agreement to waive subrogation without an endorsement, then Developer agrees to notify
the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery
Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any
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policy that includes a condition specifically prohibiting such an endorsement, or voids coverage
should Developer enter into such an agreement on a pre -loss basis. A copy of any endorsement
issued to extend coverage to the County must be provided when evidencing insurance to the
County.
14.9 Certificate(s) of Insurance.
At least five (5) days prior to the Effective Date, Developer shall provide the County with
a Certificate of Insurance evidencing that all coverages, limits, and endorsements required herein
are maintained and in full force and effect. Said Certificate of Insurance shall provide for a
minimum of thirty (30) days prior written notice to the County of any cancellation of coverage.
The Developer shall ensure that such notice is provided to the County. The Certificate of
Insurance shall identify the County's RFQ (No. 14-057) and this Agreement in the certificate.
The Certificate Holder shall be identified as:
St. Lucie County, Florida
2300 Virginia Avenue
Fort Pierce, Florida 34982
The Certificate of Insurance shall evidence a waiver of subrogation in favor of the
County, that coverage shall be primary and noncontributory, and that each policy includes a
Cross Liability or Severability of Interests provision. The Certificate of Insurance shall be
provided to the County Attorney's Office, at the address provided above. The Developer shall
ensure that current Certificates of Insurance are on file with the County at all times during the
term of this Agreement and such certificates comply with the requirements herein.
14.10 Deductibles, Self -Insured Retentions, and Supplemental Coverage.
Developer shall be solely responsible for any costs or expenses as a result of a coverage
deductible, coinsurance penalty, or self -insured retention. When a self -insured retention or
deductible exceeds Two Hundred Fifty Thousand Dollars ($250,000) for any of the foregoing
required policies, the County reserves the right, but not the obligation, to review and request a
copy of the Developer's most recent annual report or audited financial statements to determine
the reasonability of the retention levels, based on the financial capacity of Developer. At the
County's option, the Developer may be required to reduce the self -insured retentions, or the
Developer shall be required to procure a bond guaranteeing payment of losses and related claims
expenses, except as provided in Section 14.13, below.
The County shall be exempt from, and in no way liable for, any sums of money that may
represent a deductible or self -insured retention in any insurance policy. The payment of such
deductible or self -insured retention shall be the sole responsibility of the Developer and any
subcontractor providing the insurance.
For policies written on a "Claims -Made" basis, Developer shall maintain a Retroactive
Date prior to or equal to the Effective Date of this Agreement. In the event the policy is canceled,
non- renewed, switched to an Occurrence Form, retroactive date advanced, or any other event
triggers the right to purchase a Supplemental Extended Reporting Period (SERP) coverage
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during the term of this Agreement, Developer agrees to purchase a SERP with a minimum
reporting period not less than two (2) years. The requirement to purchase a SERP shall not
relieve Developer of the obligation to provide replacement coverage.
14.11 Right to Revise or Reject.
The County reserves the right, but not the obligation, to reject any insurance policy that
fails to meet the criteria stated herein. Additionally, the County reserves the right, but not the
obligation, to review or reject any insurer providing coverage due to its poor financial condition
or failure to operate in compliance with Applicable Laws. Neither the County's approval of any
insurance provided by the Developer or a subcontractor, nor its failure to disapprove such
insurance, shall relieve the Developer or a subcontractor of any part or all of its responsibility for
any liability, damages, or accidents, as set forth herein.
14.12 Minimum Requirements for Insurance.
All of the insurance provided by the Developer pursuant to this Agreement shall be
issued by an insurance company or companies licensed or approved to do business in the State of
Florida with a minimum rating of "A" in accordance with the latest edition of A.M. Best's
Insurance Guide. Additionally, the Financial Category Size must be "X" or greater.
14.13 Other Insurance Requirements.
At its option, the County may allow the Developer to be self -insured for one or more
lines of coverage. In such circumstances, the Developer shall be required to demonstrate to the
satisfaction of the County that the Developer has adequate financial resources to defend and
cover all claims in the amounts and categories required by the County. If the Developer provides
the County with a certificate of self-insurance issued by the State of Florida for the required
insurance, the certificate shall be deemed sufficient to demonstrate that the Developer has
adequate financial resources to defend against potential claims.
The Developer shall immediately advise the County of pending or threatened litigation if
such litigation will reduce the coverage provided to the County.
An insurer shall have no right of recovery against the County. The required insurance
policies shall protect the Developer and the County, and they shall be the primary coverage for
any losses covered by the policies. The Developer shall provide written confirmation that any
company issuing insurance pursuant to this Agreement agrees it has no recourse against the
County for payment of premiums or assessments in any form for such insurance.
The Developer shall be responsible for all of its subcontractors (if any) and their
insurance. Each subcontractor shall provide certificates of insurance to the Developer that
demonstrate coverage and terms in compliance with the requirements applicable to the
Developer. The Developer's liability under this Agreement shall not be limited by the presence
or absence of any insurance that is to be maintained by the Developer's subcontractors.
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15. PERFORMANCE AND PAYMENT BONDS
(a) The Developer shall furnish to the County performance and payment
bonds to ensure the Developer's faithful performance of the requirements contained in this
Agreement.
(b) At least thirty (30) days before the Commencement of Construction, the
Developer shall provide the County Attorney with a performance and payment bond sufficient to
ensure full performance and payment to all contractors and subcontractors providing services or
materials for the construction of the new Maintenance Building, the new Office Building, and the
Facility. The form and content of the bond are subject to the County's prior approval, which
shall not be unreasonably withheld. The Developer may satisfy the requirements in this Section
15(b) by requiring its general contractor to provide the performance and payment bond, but the
Developer shall remain liable to the County for any defect or deficiency in the bond, or any
deficiency in the payments to any contractor or subcontractor of any tier, which results in or
causes the County to suffer any actual damages. The performance and payment bond shall
comply with any applicable requirements in Section 255.05, Florida Statutes, and Applicable
Laws.
(c) In addition to the requirements in Section 15(b), at least thirty (30) days
before the Commencement of Operations, the Developer shall furnish to the County an
irrevocable, annually renewable, operations performance bond or a letter of credit, escrow
account, or other similar financial assurance mechanism ("Financial Assurance Mechanism") in
the amount of Five Million Dollars ($5,000,000) to provide funds, if needed, for the removal of
the Facility and restoration of the Site pursuant to Section 10.4, upon termination of this
Agreement. The Financial Assurance Mechanism shall be maintained in effect until the Facility
Processes seven thousand (7,000) Tons per week of Solid Waste (as described in Section 4.1,
above) for twenty-four (24) consecutive months (i.e., one hundred four (104) consecutive
weeks). Thereafter, the Developer shall maintain the Financial Assurance Mechanism in place if
the County pays the premium for the performance bond or otherwise reimburses the Developer
for the out-of-pocket cost of maintaining the Financial Assurance Mechanism. If this Agreement
is terminated while the Financial Assurance Mechanism is in effect, the Financial Assurance
Mechanism shall be used to pay for the removal of the Facility and restoration of the Site as
provided in Section 10.4 of this Agreement, if the Developer fails to comply with its obligations
under Section 10.4, below.
(d) The form and content of the bonds and Financial Assurance Mechanism
shall be subject to the prior written approval of the County Attorney. The bonds shall be issued
by a surety company that is acceptable to the County. At a minimum, the surety company shall
be rated "A" or better as to management and "FSC V or better as to strength by Best's Insurance
Guide or Surety, and must be listed on the U.S. Treasury Department's list of acceptable sureties
for federal bonds. The Surety must demonstrate that it has been in business and has a record of
successful and continuous operation for at least five (5) years. The bonds shall: (a) contain any
provisions required by Applicable Law; (b) guarantee the performance of the Agreement; and (c)
not be canceled or not renewed without at least thirty (30) calendar days prior written notice to
the County.
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(e) Maintenance of the bonds and a Financial Assurance Mechanism and the
performance by the Developer of all of the obligations under this Section 15 shall not relieve the
Developer of liability under the default and termination provisions set forth in this Agreement or
from any other liability resulting from any breach of this Agreement. The payment bond and any
performance bond may be "called" or and used if there is any default or breach of this Agreement
by the Developer. Calling or using the payment bond or performance bond shall not restrict or
preclude the use of any other remedies available against the Developer for breach, default, or
damages.
16. DEVELOPER'S RELATIONSHIP WITH THE COUNTY
16.1 Availability of Developer's Representatives.
During the Term of this Agreement, the Developer shall cooperate with the County in
every reasonable way to facilitate the successful completion of the activities contemplated under
this Agreement. The Director shall have twenty-four (24) hour access to the Manager via
telephone and electronic mail. Answering machines, pagers, or other devices that do not provide
for immediate contact with the Manager shall not satisfy the requirements of this paragraph. The
Manager shall meet with the Director within five (5) Business Days after receiving a request for
a meeting to discuss the Developer's performance under this Agreement or other issues of
concern to the Director.
16.2 Director's Review of Developer's Performance.
The Director is hereby designated as the public official responsible for the day-to-day
administration of this Agreement by the County. The Developer shall diligently work with the
Director to formulate and adopt procedures that will facilitate the Developer's performance
under this Agreement and the Director's review of the Developer's work.
16.3 Right to Inspect Developer's Operations.
The County shall have the right to inspect the Developer's facilities and operations on the
Site at any reasonable time to determine whether the Developer's performance complies with the
requirements of this Agreement. The Developer shall make its facilities and operations available
for the County's inspection and shall cooperate fully. The County is not obligated to provide
advance notice of its inspections.
16.4 Right to Approve.
Whenever this Agreement authorizes the County or one of its representatives (e.g., the
Director) to approve a request by the Developer, the County shall have the right to withhold its
approval until the Developer submits all of the information reasonably needed to evaluate the
Developer's request. The County shall fairly and objectively evaluate the information provided
by the Developer, as well as any other relevant facts. The consent of the County shall not be
unreasonably withheld or delayed, except as otherwise explicitly provided herein. However, the
County shall have the exclusive right to weigh the relevant facts and determine whether the
approval of the Developer's request is consistent with the requirements in this Agreement and
the public interest.
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10.A.2.b
16.5 Educational Tours.
When requested by the Director, the Developer shall conduct educational tours of the
Facility for the County, students, and other members of the public. The Director shall provide
reasonable advance notice to the Developer before scheduling any such tours. The Director shall
coordinate with the Developer to ensure that such tours do not unduly interfere with the
Developer's operations at the Facility.
17. RECORDKEEPING AND REPORTING REQUIRMENTS
17.1 General Recordkeeping.
The Developer shall be solely responsible for keeping all of the records and documents
necessary to demonstrate that Developer has performed its duties in compliance with the
requirements in this Agreement. At a minimum, the Developer's records shall include copies of:
(1) all Permits required for the Developer's activities under this Agreement; (2) all Citations; (3)
all correspondence to and ftom the FDEP and other Governmental Authorities concerning the
Developer's activities under this Agreement; (4) all logs and reports required by the Permits or
this Agreement; and (5) any other documents necessary to confirm that the Developer has
performed in accordance with this Agreement. The Developer's records shall be accurate, well -
organized and up-to-date at all times. The Developer's records concerning its performance under
this Agreement shall be kept in the Developer's office at the Site or in another location in St.
Lucie County during the Term of this Agreement. Thereafter, such records shall be retained by
the Developer for a minimum of five (5) years after the termination or expiration of this
Agreement.
17.2 Format of Reports.
All of the Developer's reports to the County shall be submitted in an electronic (digital)
format that is compatible with the County's software (e.g., Microsoft Word; pdf). Hard copies
also shall be provided, if requested by the Director or if they are expressly required herein. The
general format and content of the Developer's reports are subject to the Director's approval.
17.3 Accident Reports.
The Developer shall notify the Director of any accidents involving the Developer's staff,
vehicles, or equipment that occur while the Developer is performing services under this
Agreement and result in personal injuries or damage to public or private property. In all such
cases, oral notice shall be provided within six (6) hours of the accident and a written report shall
be provided to the Director within one (1) Business Day of the accident. If any issues are
unresolved at that time, a subsequent report shall be provided to the Director within two (2)
Business Days following the ultimate disposition of the case. The oral and written reports shall
include the date and time of the event, a description of the event, an estimate of the damages and
injuries (if any) caused by the event, and a description of how the event and any associated
damages and injuries were handled or will be handled.
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17.4 Environmental Reporting,
The Developer shall keep the Director informed about the status of the Developer's
compliance with applicable environmental laws. Accordingly, the Developer shall provide the
Director with a copy of the following documents within five (5) Business Days after the
Developer sends such documents to or receives such documents from the FDEP or another
Governmental Authority with jurisdiction over environmental issues: (a) all documents
concerning unauthorized spills, discharges, or releases of Solid Waste, leachate, or other solid or
liquid wastes on the Site; (b) all documents concerning the Developer's failure or inability to
comply with any Permit or Applicable Law; (c) applications for construction, operation, and
renewal Permits; and (d) reports and related documents concerning the Facility's airborne
emissions, liquid discharges, and impacts to surface water and ground water.
17.5 Right to Inspect and Audit Records.
(a) The County's documents concerning this Agreement are public records
and are subject to inspection by the Developer and other members of the public at any reasonable
time, pursuant to Chapter 119, Florida Statutes.
(b) Developer shall cooperate with the Director and provide every reasonable
opportunity for the County to ascertain whether the duties of the Developer are being performed
properly. Developer shall promptly provide any information regarding the services provided by
the Developer under this Agreement, in addition to the information required explicitly by this
Agreement, that the Director or the Developer reasonably deem relevant under the
circumstances.
(c) The County shall have the right to inspect, copy, and audit, at the County's
expense, all of the Developer's records concerning the Developer's services under this
Agreement, except confidential personnel records, financial records, and trade secrets, as defined
by Applicable Law. The County may exercise this right as often as the County deems
appropriate. The Developer's records shall be made available for inspection at the Complex
during normal business hours, within five (5) Operating Days after the County requests the
records. The Developer may provide electronic copies of the records, in lieu of hard copies.
17.6 Public's Right to Inspect Developer's Records.
The Developer shall comply with all applicable requirements contained in the Florida
Public Records Law (Chapter 119, Florida Statutes), including but not limited to any applicable
provisions in Section 119.0701, Florida Statutes. To the extent that the Developer and this
Agreement are subject to the requirements in Section 119.0701, Florida Statutes, the Developer
shall:
(a) keep and maintain all records that ordinarily and necessarily would be
required to be kept by the County in order to perform the services provided hereunder, for a
minimum of five (5) years after the termination or expiration of this Agreement;
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10.A.2.b
(b) provide the public with access to public records on the same terms and
conditions that the County would provide the records and at a cost that does not exceed the cost
specified in Chapter 119, Florida Statutes, or other laws;
(c) ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized by law; and
(d) comply with all requirements for retaining public records and transfer, at
no cost, to the County all records in the possession of the Developer at the expiration or
termination of this Agreement, and destroy all public records that are confidential and exempt
from public records disclosure requirements.
If the Developer fails to comply with the requirements in Sections 17.5(a) through (d), the
County may enforce these provisions in accordance with the terms of this Agreement.
18. COMPLIANCE WITH APPLICABLE LAWS
18.1 Compliance with Applicable Laws.
At all times, the Parties shall comply with all Applicable Laws governing their activities
under this Agreement.
18.2 Regulatory Compliance and Citations.
The Developer shall respond promptly to all Citations concerning the Developer's
activities under this Agreement. The Developer shall provide notice and a copy of each Citation
to the Director promptly after the Citation is received by the Developer. Thereafter, the
Developer shall keep the County informed about the on -going status of the Developer's efforts to
address the Citation and the Developer shall provide notice to the Director when the Citation has
been satisfactorily resolved. The Developer shall pay all costs of investigating and responding to
a Citation, all costs of correcting deficiencies and achieving compliance with Applicable Laws,
and all fines assessed as a result of the Developer's non-compliance.
19. ADMINISTRATIVE CHARGES
19.1 Basis for Administrative Charges.
The Parties have established the terms and amounts of the administrative charges set
forth herein, and the Parties agree that the administrative charges are reasonable under the
circumstances. The Parties also have consulted with their legal counsel and confirmed that these
administrative charges are appropriate.
19.2 Administrative Charges During Term of Agreement.
Throughout the Term of the Agreement, the Administrator shall assess administrative
charges as follows:
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(a) Failure to comply with the provisions in the Operations Plan, Permits, or
Applicable Law concerning the control of litter on the Site, within two (2) Business Days after
receiving written notice from the Director concerning the deficiency in Developer's operations,
shall result in the imposition of an assessment of two hundred fifty dollars ($250) per calendar
day.
(b) Failure to comply with the provisions in the Developer's odor control plan
within one (1) Business Day after receiving written notice from the Director concerning the
deficiency in Developer's operations, shall result in the imposition of an assessment of two
hundred fifty dollars ($250) per calendar day.
(c) Failure to comply with the provision in the odor control plan within
twenty-four (24) hours after receiving written notice from the Director that Developer's failure to
comply is causing Objectionable Odors in Off -Site areas, shall result in the imposition of an
assessment of one thousand dollars ($1,000) per calendar day. This assessment shall increase to
three thousand dollars ($3,000) per calendar day if Developer fails to comply with the
requirements in the odor control plan for more than seventy-two (72) hours after Developer
receives the Director's written notice.
(d) Failure to prevent Objectionable Odors in off -Site areas within twenty-
four (24) hours after receiving written notice from the Director that Developer `s activities on the
Site are causing such odors, shall result in the imposition of an assessment of one thousand
dollars ($1,000) per calendar day.
(e) Failure to control stormwater or leachate on the Site in compliance with
the Operations Plan, Permits, or Applicable Law within forty-eight (48) hours after receiving
written notice of the deficiency from the Director, shall result in the imposition of an assessment
of five hundred dollars ($500) per calendar day.
(f) Failure to maintain or provide documents in the manner required herein
(e.g., see Section 17), within five (5) Business Days after receiving written notice of the
deficiency from the Director, shall result in the imposition of an assessment of one hundred
dollars ($100) per Business Day.
(g) Failure to timely file any report or document required herein (e.g., see
Section 17), within five (5) Business Days after receiving written notice of the deficiency from
the Director, shall result in the imposition of a one hundred dollars ($100) assessment for each
Business Day that each report or document is late.
(h) Failure to clean up Solid Waste, liquids, or materials that are spilled on the
Site or Complex by Developer, within forty-eight (48) hours after receiving written notification
by the Director, shall result in the imposition of a one hundred dollar ($100) assessment per
event per day.
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20. MISCELLANEOUS PROVISIONS
20.1 Bindiniz Effect.
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective successors and permitted assigns.
20.2 Transfer of Agreement and Subcontractors.
(a) Except as set forth in Section 20.2(b), the transfer or assignment of this
Agreement shall require the prior written consent of the non -transferring Party, which consent
shall not be unreasonably withheld. Any single transaction or combination of transactions that
results in a controlling or majority interest in Developer, or substantially all of Developer's
assets, being purchased by or merged with other Persons shall constitute a transfer of this
Agreement.
(b) Developer may assign, pledge, hypothecate or otherwise transfer, as and
for, among other purposes, collateral security, in connection with any financing or the
refinancing of the Facility, including a sale of this Agreement, together with a sale of the
Facility, combined with the lease back to Developer of the Agreement, as part of a sale -
leaseback financing transaction. In connection with any such permitted transfer by Developer,
the County agrees to execute a written consent to such collateral assignment as may be
reasonably requested, which collateral assignment may include, among other terms, the County's
agreement not to terminate this Agreement on account of any Event of Default without written
notice to Developer's primary lender and first providing such lender with thirty (30) days to cure
such Event of Default. If such written consent is not requested, Developer shall notify the
County of any such assignment to the Developer's lender(s) no later than thirty (30) days after
the assignment. Notwithstanding anything else contained herein, Developer shall not
subcontract its duties or obligations under this Agreement concerning the operation of the
Facility, without the prior written consent of the County. Before any subcontractor will be
allowed to enter the Site, the Developer must provide the Director with written notice that
identifies the name of the subcontractor and a brief description of the work to be performed by
the subcontractor. In any case, no subcontract shall relieve Developer of any of its duties or
obligations to the County under this Agreement.
20.3 Confidentiality.
The County acknowledges that it is important to the Developer that its trade secrets and
confidential information not be disclosed to third parties. Accordingly, the Developer must
clearly and explicitly label each page of each document as a confidential trade secret, and
Developer must comply with Applicable Law, if Developer wishes to keep such document
confidential. Notwithstanding anything else contained herein, the County shall have no liability
to Developer for the disclosure of any document where disclosure of the document is required
under the Florida Public Records Act (Chapter 119, Florida Statutes) or other Applicable Laws.
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20.4 Notices And Other Communications.
All invoices, notices, requests, reports, authorizations, protests, and petitions provided for
herein shall be in writing. Such documents shall be addressed to the individuals identified
below, except where otherwise provided herein. All such documents shall be either (a) hand
delivered, (b) mailed by registered or certified mail (postage prepaid), return receipt requested, or
(c) sent by telecopy. The documents shall be deemed to have been duly delivered when
personally delivered, or when transmitted by telecopier and receipt is confirmed by telephone, or
when delivered by U.S. Mail or courier service, as shown by the return receipt. As of the
Effective Date, Developer and the County designate the following as the appropriate people and
places for delivering notices and other documents:
The County:
County Administrator
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, Florida 34982
With a copy to:
County Attorney
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Developer:
Neil Williams, Ph.D., P.E.
Green3Power St. Lucie, LLC
1000 Corporate Drive, Suite 200
Fort Lauderdale, Florida 33334
Tel: 954 202 6660
Email: nwilliams@green3power.com
With a copy to:
Robert Kohn
c/o Green3Power St. Lucie, LLC
1000 Corporate Drive, Suite 200
Fort Lauderdale, Florida 33334
Tel: 954 202 6660
Email: Robert(abiopowercorp.com
Either Party may modify the contact information specified in this Section 20.4 by giving written
notice to the other Party in compliance with the requirements in this Section 20.4.
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20.5 Severability.
The provisions contained in this Agreement shall not be construed to require the County
or Developer to take any action that is contrary to any Applicable Law. Should any provision,
paragraph, sentence, word or phrase contained in this Agreement be determined by a court of
competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the
State of Florida or any Applicable Law, such provision, paragraph, sentence, word or phrase
shall be deemed modified to the extent necessary to conform with such laws, or if not
modifiable, then same shall be deemed severable, and in either event, the remaining terms and
provisions of this Agreement shall remain unmodified and in full force and effect. This
Agreement shall be construed as if such invalid, illegal, void or unenforceable provision had
never been contained herein.
20.6 Waiver of Requirements.
No delay or failure to exercise a right under this Agreement shall impair such right or be
construed to be a waiver thereof, and such right may be exercised from time to time and as often
as deemed expedient. The failure of the County or Developer at any time to require performance
by the other Party of any term in this Agreement shall in no way affect the right of the County or
Developer thereafter to enforce same. Nor shall waiver by the County or Developer of any
breach of any term of this Agreement be taken or held to be a waiver of any succeeding breach
of such term or as a waiver of any term itself. To be effective, any waiver shall be in writing and
signed by the Party granting such waiver. Any such waiver shall be limited to the particular right
so waived and shall not be deemed to waive any other right under this Agreement.
20.7 Relationship Between the Parties.
Nothing in this Agreement shall create or be deemed to create a partnership or joint
venture between the Parties. No Party will or is entitled to act as an agent for the other Party
20.8 No Third Party Beneficiaries.
This Agreement does not create any third party beneficiaries. This Agreement confers no
rights whatsoever upon any Person other than the County and Developer. This Agreement does
not create and shall not be interpreted as creating any standard of care, duty, or liability to any
Person not a Party hereto.
20.9 County Ordinances.
Notwithstanding any other provision contained in this Agreement, the County shall not
enact, adopt, promulgate, modify or repeal any Applicable Law after the Effective Date and then
obtain relief from any requirement in this Agreement based on that change in Applicable Law.
This prohibition does not apply to the enactment, adoption, promulgation, modification, or repeal
of an Applicable Law when such action is required pursuant to state or federal law, unless the
County sought or solicited the enactment of the state or federal.
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20.10 General Rules of Construction.
The following rules of construction will apply throughout this Agreement:
(a) Headings. Any headings used in this Agreement are for the purpose of
convenience only and shall not affect the meaning or interpretation of the Agreement or
document in question.
(b) Words of Inclusion. The word "including" shall not be construed to be a
term of limitation. References to "included" matters or items will be regarded as illustrative and
will not be interpreted as a limitation on, or an exclusive listing of, the matters or items referred
to.
(c) Singular and Plural Forms; Genders. Whenever the context so requires,
the singular includes the plural and the plural includes the singular. The gender of any pronoun
includes the other genders.
(d) Delivery y the County. Whenever this Agreement refers to the delivery
of Solid Waste or other material by the County, or uses similar terms, the Agreement shall be
construed to mean delivery by or on behalf of the County, or delivery caused by or on behalf of
the County, regardless of whether such language is expressly stated herein.
20.11 Counterparts.
This Agreement may be executed by each Party upon a separate copy, and in several
counterparts, each of which will be deemed to be an original.
20.12 Amendments to Agreement.
This Agreement constitutes the entire agreement and understanding between the Parties
hereto. This Agreement shall not be considered modified, altered, changed or amended in any
respect unless the Agreement is amended in writing and the amendment is executed by
Developer and the Board.
20.13 Entire Agreement.
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements and understandings applicable to the matters contained in this
Agreement. The Parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is
agreed that no deviation from the terms of this Agreement shall be predicated upon any prior
representations or agreements, whether oral or written. This Agreement shall supersede all prior
agreements among the Parties regarding the matters addressed herein. This Agreement
supersedes the County's Request For Qualifications (RFQ No. 14-057) and the statement of
qualifications that the Developer submitted in response to the County's RFQ.
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10.A.2.b
20.14 Construction of Agreement.
The Parties acknowledge that they are represented by legal counsel and they have had
meaningful input into the terms and conditions contained in this Agreement. Therefore, any
doubtful or ambiguous provisions contained herein shall not be construed against the Party that
physically prepared this Agreement. The rule sometimes referred to as "Fortius Contra
Proferentum" shall not be applied to the interpretation of this Agreement.
20.15 Survival of Obligations After Termination.
Notwithstanding anything else contained herein, any term, condition, covenant, or
obligation in this Agreement that requires performance by a Party subsequent to the termination
of this Agreement shall remain enforceable against such Party subsequent to such termination.
20.16 Election of Remedies.
Except as otherwise provided herein, the remedies specified in this Agreement shall
supplement, and not be in lieu of, any other remedies provided at law or in equity. The payment
of any damages by a defaulting Party hereunder shall not constitute a defense for such defaulting
Party, nor an election of remedies by the non -defaulting Party, nor serve as the basis for a claim
of estoppel against the non -defaulting Party, nor prevent the non -defaulting Party from
terminating this Agreement. A Party's decision to refrain from assessing damages, or
suspending or terminating this Agreement, or seeking any other relief from any failure of a
defaulting Party's performance, shall not constitute a waiver of the non -defaulting Party's right
to pursue any other remedy or a waiver of its right to pursue a remedy for any future failure by a
defaulting Party. No remedy conferred by this Agreement is intended to be exclusive of any
other remedy. Each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity, by statute or
otherwise. No single or partial exercise by any Party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
20.17 Permits and Licenses.
Each Party, at its sole cost and expense, shall obtain, maintain, and comply with in all
material respects throughout the Term of this Agreement, all Permits, licenses and approvals
necessary or required to perform its work and provide its services in the manner described
herein. With respect to the obligations in this Section 20.17, no Party shall be deemed to be in
default of this Agreement if and for so long as such Party is performing all of its obligations
under this Agreement while operating under a consent order, consent agreement, compliance
schedule, or other similar enforcement/compliance mechanism with FDEP or other
Governmental Authority and is diligently and continuously working to cure any compliance
issue with respect to any such Permit, license or approval.
20.18 Equal OpportunitmploMent.
Developer agrees that it shall not discriminate against any employee or applicant for
employment for work under this Agreement because of handicap, race, color, religion, sex, age,
or national origin and shall take affirmative steps to ensure that applicants are employed and
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employees are treated during employment by Developer, as applicable, without regard to race,
color, religion, sex, age or national origin. This provision shall include, but not be limited to, the
following: employment upgrading, demotion or transfer; recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeships. Developer agrees to furnish the County with a copy of its Affirmative Action
Policy, upon request.
20.19 Compliance with Labor Laws.
Developer shall comply with all Applicable Laws concerning the protection and rights of
employees, including, but not limited to, the Occupational Safety and Health Act and all
implementing regulations, minimum wage laws, the Americans with Disabilities Act, and the
Fair Labor Standards Act.
20.20 Legal Status of the Parties' Employees.
A Person employed by a Party shall have no right or claim to any pension, workers'
compensation, unemployment compensation, civil service or other employee rights or privileges
granted to the officers and employees of the other Party. Each Party shall have the sole
responsibility for paying any wages and providing any employment benefits to its own
employees and agents.
20.21 Taxes, Fees, and Assessments.
The Developer shall pay all sales, consumer, use, ad valorem, leasehold, and other taxes,
fees, and assessments applicable to the Contractor's activities under this Agreement, including
but not limited to ad valorem taxes and impact fees based on the Developer's leasehold interest
in and use of the Site. The County shall have no liability under this Agreement for any such
expenses.
20.22 Fair Dealing.
Each Party declares and warrants that it enters into this Agreement without reliance on or
engaging in any collusion, bribery or fraud, that all of the Party's representations in this
Agreement are made fairly and in good faith, and that no Board member, County officer, or
County employee, directly or indirectly owns any of the assets or capital stock of Developer, nor
will any such Person directly or indirectly benefit from the profits or emoluments of this
Agreement, nor has Developer provided any gift to any such Person or their family.
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10.A.2.b
IN WITNESS WHEREOF, the Parties have executed this Agreement, or caused it to be
executed by their duly authorized officers or agents, all as of the Effective Date.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
By:
Name: Paula A. Lewis
Title: Chair
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
WE
Daniel S. McIntyre
County Attorney
Packet Pg. 403
10.A.2.b
WITNESSES:
Signature
Printed Name
day of
2015
Signature
Printed Name
day of , 2015
ATTEST:
SECRETARY
STATE OF FLORIDA )
) SS:
COUNTY OF ST. LUCIE )
DEVELOPER
Neil D. Williams, Ph.D., P.E.
President and CEO
Green3Power St. Lucie, LLC
day of
2015
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared Neil D. Williams, Ph.D., P.E., President and CEO of Green3Power St.
Lucie, LLC, an organization authorized to do business in the State of Florida, and he executed
the foregoing Agreement as the proper official of Green3Power St. Lucie, LLC, for the uses and
purposes mentioned in it and affixed the official seal of the corporation, and that the instrument
is the act and deed of that corporation. He is personally known to me or has produced
as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the state and
county aforesaid on this day of , 2015.
NOTARY PUBLIC
My Commission Expires:
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SCHEDULE 1
DEFINITIONS
The following definitions shall apply within the context of the Agreement as well as
internally within the context of each definition. To the extent that definitions contained herein
conflict with similar definitions in any federal, state or local law, the definitions contained
therein shall prevail when interpreting the Agreement.
"Administrator" means the County's chief administrative officer or the Administrator's
designee(s).
"Agreement" means this "Agreement for the Development and Operation of the St. Lucie
Gasification Facility", including the Schedules and all properly authorized and executed
amendments.
"Applicable Law(s)" shall mean any local, state or federal statute, law, constitution,
charter, ordinance, judgment, order, decree, Permit, rule, regulation, directive, policy, standard or
similar binding authority, or a judicial or administrative interpretation of any of the same, which
are in effect or are enacted, adopted, promulgated, issued or enforced by a Governmental
Authority during the Term of this Agreement, and relate in any manner to the performance of the
County or Developer under this Agreement.
"Ash" means a waste or By -Product of the gasification process, primarily consisting of
fly ash, which is collected following the gasification process in the baghouse and other
particulate collection devices.
"Baling Building" means the structure designated as the Baling Building on Schedule 2,
and all of the associated improvements.
"Billing Month" means each calendar month in each Billing Year, except that (a) the first
Billing Month shall begin at 12:01 A.M. on the Commencement of Operations and end at
midnight on the last day of the month in which the Commencement of Operations occurs and (b)
the last Billing Month shall end on the day when this Agreement expires or is terminated.
"Billing Year" means the County's fiscal year, which begins on October 1 and continues
through September 30 of the following year, except that (a) the first Billing Year shall
commence at 12:01 A.M. on the Commencement of Operations and end at midnight on the last
day of the County's fiscal year in which the Commencement of Operations occurred and (b) the
last Billing Year shall end on the day when this Agreement expires or is terminated.
"Biomedical Waste" shall have the meaning provided in Section 403.703(2), F.S.
"Board" shall mean the Board of County Commissioners of St. Lucie County, Florida, or
the Board's designee(s).
"Boiler Feedwater Standards" means the water quality standards set forth in Schedule 7.
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"BTU" means British Thermal Unit.
"Business DE" means each Monday, Tuesday, Wednesday, Thursday and Friday that is
not a Holiday.
"By -Products" means any product of, or material resulting from, the operation of the
Facility that has value and can be put to a beneficial use.
"C&D Disposal Area" means the area at the Complex that is used for the disposal of
C&D Debris.
"C&D Recycling Facility" means the structure that is designated as the C&D Recycling
Facility on Schedule 2, and all of the associated equipment and improvements.
"Change in Law" means the adoption, promulgation, or modification of any Applicable
Law after the Effective Date, which directly and substantially affects the Developer's or County's
ability or cost to perform under this Agreement. A Change in Law does not include a change in
any tax law or workers' compensation law.
"Citation" means any warning letter, notice of violation, cease and desist order, or similar
document concerning a civil, criminal, or administrative enforcement proceeding involving the
Facility or Developer's activities under this Agreement.
"Class I Landfill" shall mean the area at the Complex that is used for the disposal of
Class I Waste.
"Class I Waste" shall have the same meaning as provided in Rule 62-701.200(13), F.A.C.
Class I Waste shall include New Class I Waste and Excavated Class I Waste.
"Commencement of Construction" means the date when Developer begins the
construction of the Facility in a continuous manner and on a full-time basis, as determined in
accordance with Section 5.1(d) of the Agreement.
"Commencement of Operations" means the date when the Facility officially commences
commercial operations, as determined in accordance with Section 5.10) of the Agreement.
"Commercially Reasonable Efforts" shall mean the use of all measures that a reasonably
prudent Person would determine to be efficient, cost-effective, and commercially available under
the circumstances.
"Completion of Construction" means that the construction of the Facility is substantially
complete.
"Complex" means the County's land and the Solid Waste management facilities located
at 6120 Glades Cut -Off Road, in the City of Ft. Pierce, Florida, including, but not limited to the
Class I Landfill, the C&D Disposal Area, and the Baling Building.
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"Construction and Demolition Debris" and "C&D Debris" have the meaning provided in
Rule 62-701.200(24), F.A.C. Construction and Demolition Debris includes New C&D Debris
and Excavated C&D Debris.
"Consumer Price Index" and "CPI" shall mean the "Consumer Price Index —All Urban
Consumers," all items, not seasonally adjusted, for the Miami -Ft. Lauderdale, Florida area, Base
Period 1982-84 = 100 (Series ID CUURA320SA0), as published by the U.S. Department of
Labor, Bureau of Labor Statistics, or a successor agency.
"County" shall mean, depending on the context, either (a) the geographical area
contained within St. Lucie County, Florida or (b) the government of St. Lucie County, acting
through the Board or its designees.
"County Indemnified Parties" means the County, the Board of County Commissioners
and each of its members, and every agent, officer, official, servant, and employee of the County.
"County Vehicle" means a truck or other motor vehicle that delivers Solid Waste to the
Facility and is owned or operated by (a) the County or (b) the County's Franchisee, when the
Franchisee is delivering Solid Waste on behalf of the County.
"Default Notice" shall have the meaning provided in Section 10.1 of this Agreement
"Delivery Point" means the location designated by Developer where each delivery of
Solid Waste shall be made by the County. Unless the Parties agree otherwise, the Delivery Point
shall be the tipping floor inside the Baling Building.
"Developer" shall mean Green3Power St. Lucie, LLC.
"Diesel Fuel" means synthetic fuel that is produced at the Facility and complies with the
criteria in Schedule 8 (Specification for No. 2 Diesel Fuel).
"Director" means the Director of the County's Solid Waste management operations or the
Director's designee.
"Effective Date" shall mean the date when this Agreement is duly approved and executed
by the Board, which shall occur after the Agreement is duly executed by Developer.
"Event of Default" shall have the meaning provided in Section 10.1 of the Agreement.
"Excavated C&D Debris" means C&D Debris that was placed in and subsequently
removed from the C&D Disposal Area for Processing at the Facility. Excavated C&D Debris
includes C&D wood, soil, cover material, and other materials excavated from the C&D Disposal
Area.
"Excavated Class I Waste" means Class I Waste that was placed in and subsequently
removed from the Class I Landfill for Processing at the Facility. Excavated Class I Waste
includes soil, cover material, and other materials excavated from the Class I Landfill.
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"Excavated Waste" means Solid Waste that was delivered to the County at the Complex,
placed in the Class I Landfill or the C&D Disposal Area, and subsequently excavated and
delivered to Developer for Processing at the Facility. Excavated Waste includes Excavated Class
I Waste, Excavated Yard Trash, and Excavated C&D Debris.
"Excavated Yard Trash" means Yard Trash that was placed in and subsequently removed
from the Landfills for Processing at the Facility.
"F.A.C." means the Florida Administrative Code.
"Facility" means the buildings, structures, improvements, equipment, appurtenances, and
other assets on the Site that are employed by Developer in handling, storing, sorting, recycling,
and gasifying Solid Waste.
"FDEP" means the Florida Department of Environmental Protection or any successor
agency.
"Final Design" means the Developer's final plans and specifications for the construction
of the Facility.
"Financial Assurance Mechanism" shall have the meaning provided in Section 15(c) of
the Agreement.
"Florida Prompt Payment Act" means the Florida Prompt Payment Act contained in
Section 218.70 et seq., Florida Statutes. If the Florida Prompt Payment Act is repealed, in whole
or in part, such repealed portions shall continue to apply to this Agreement, unless such portions
violate Applicable Law.
"Force Majeure" means an act, event, or condition that substantially and adversely affects
the Developer's or the County's ability to perform under this Agreement, and is described in one
or more of the provisions of (a) through (h), below:
(a) An act of God, including a hurricane, tornado, landslide, lightning,
earthquake, fire, or flood, and any explosion, act of a public enemy, war, terrorism, blockade,
insurrection, riot, or civil disturbance;
(b) Any order or judgment of any federal, state, or local court, administrative
agency or other Governmental Authority, excepting decisions of federal courts interpreting
federal tax laws and decisions of state courts interpreting state tax laws, if it is not also the result
of the misconduct or negligent action or inaction of the Party relying thereon or of a Person for
whom the Party relying thereon is responsible; provided that neither the contesting in good faith
of any such order or judgment nor the failure to so contest shall constitute or be construed as a
measure of willful misconduct or negligent action or inaction of such Party;
(c) The failure to issue, suspension, termination, interruption, denial, or
failure of renewal of any Permit or approval essential to the Parties' activities under this
Agreement; provided that such act or event is not the result of the misconduct or negligent action
or inaction of the Party relying thereon or of a Person for whom the Party relying thereon is
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responsible; and provided further that neither the contesting in good faith of any such action nor
the failure to so contest shall constitute or be construed as a measure of willful or negligent
action or inaction of such Party;
(d) A Change in Law;
(e) The failure of any appropriate federal, state, or local public agency or
private utility having operational jurisdiction in the area in which the Site is located, other than
the County, to provide and maintain utilities, services, water and sewer lines, and power
transmission lines which are required for and essential to the operation of the Facility or
Complex;
(f) Any unforeseen condition (including the presence of Hazardous Waste)
which shall prevent, or require redesign or change in, the construction or operation of the Facility
on the Site, provided that the condition was actually and constructively unknown to the Party
claiming a Force Majeure event, and could have not been discovered with the use of reasonable
diligence by the Party on or before the Effective Date of this Agreement; or
(g) The condemnation, taking, seizure, involuntary conversion, or requisition
of title to or use of the Site or any material portion or part thereof taken by the action of any
Governmental Authority, other than the County;
(h) Any act, event, or condition which is determined by mutual agreement of
the County and Developer to be of the same general type, and subject to the same conditions, as
those set forth in subparagraphs (a) through (g), above.
Notwithstanding anything else contained herein, Force Majeure shall not be deemed to include
any act, event, or condition not described in subparagraphs (a) through (h) above, or any act,
event, or condition over which a Party relying thereon (including any Person for whose
performance such Party is responsible) reasonably has any influence or control, or any act, event,
or condition arising out of labor strikes, labor shortages, or similar labor difficulties, or changing
economic conditions or economic hardships.
"Franchisee" means the Person that is authorized by the County, pursuant to a franchise
agreement, to collect Garbage in the County.
"Garbage" means all kitchen and table food waste, and animal or vegetative waste that is
attendant with or results from the storage, preparation, cooking, or handling of food materials.
"Governmental Authority" means any local, regional, state, federal or other governmental
agency or entity that has jurisdiction over any aspect of the Facility or the Parties' activities
under the Agreement.
"Hazardous Waste" means any material or substance which by reason of its composition
or characteristics is (a) a hazardous waste as defined in the Solid Waste Disposal Act, 42 USC
§6901 et seq., as amended, replaced or superseded, and the regulations implementing same, or
(b) a material regulated under the Toxic Substances Control Act, 15 USC §2601, et seq., as
amended, replaced or superseded, and the regulations implementing same, or (c) special nuclear
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or products material within the meaning of the Atomic Energy Act of 1954, or (d) treated as a
hazardous waste, toxic waste, chemical waste, toxic substance or hazardous substance under the
Florida Administrative Code, Florida Statues, or any other Applicable Law. If any
Governmental Authority determines that a substance is hazardous or harmful to human health
when Processed at the Facility, then such substance shall be deemed to be Hazardous Waste for
the purposes of this Agreement.
"Holiday" means Independence Day, Thanksgiving Day, and Christmas Day, and any
other day mutually designated as a Holiday by both Parties.
"Indemnified Loss" means all actual costs, losses, damages, expenses, and liabilities that
a County Indemnified Party incurs or suffers pursuant to or in connection with any negligent or
willful act or omission on the part of the Developer or any of its agents, employees, or
subcontractors in the execution or performance of the Developer's obligations under or
incidental to this Agreement. Such costs include, but are not limited to attorneys' fees, court
costs, and expert witness fees in trial, appellate, and bankruptcy proceedings. An Indemnified
Loss includes, but is not limited to: (a) any bodily injury, sickness, disease, or death; (b) any
claim arising under or for any actual or alleged violation of any Applicable Law (including
workers' compensation laws, environmental laws, and health and safety laws) or any common
law duty; (c) any actual or alleged infringement of any intellectual rights or property of any
Person; (d) any actual or alleged Pollution or damage or destruction to property, natural
resources, or the environment; (e) any lawsuit resulting from or related to the designation by the
Developer of any document or material as exempt from public disclosure; and (f) defending,
settling, prosecuting, investigating, or participating in (as a witness or otherwise) any proceeding
that arises out of or pertains to any of the foregoing; in each case, without regard to or limitation
by the amount or type of benefits, damages, or compensation payable by or for the Developer,
any subcontractor, or any subcontractor of a subcontractor under any insurance policy or any
Applicable Law (including employee benefits, disability benefits, and workers' compensation
laws).
"Insolvency Event" shall have the meaning provided in Section 10.1(b) of the
Agreement.
"Interconnection Point" means the location at the boundary of the Site where the
County's leachate pipeline shall interconnect with the Developer's leachate pipeline, pursuant to
Section 5.2(g) of this Agreement.
"Landfills" means the Class I Landfill and the C&D Disposal Area, collectively.
"Lease" means a lease agreement between Developer and County for the Developer's use
of the County's Site.
"Load" means any Solid Waste, Recyclable Material, and other cargo that is transported
to the Site in a delivery vehicle.
"Manager" means the senior employee of Developer that is responsible for supervising
and managing Developer's activities under the Agreement.
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"Maintenance Building" means the building that the County uses as maintenance shop for
the County's equipment and vehicles. The Maintenance Building is located at the Complex, as
shown on Schedule 2.
"Monthly Report" means the report prepared by Developer pursuant to Section 6.16 of
the Agreement.
"Municipal Solid Waste" or "MSW" shall have the meaning provided in Section
403.706(5), Florida Statutes.
"New C&D Debris" means C&D Debris that is delivered to the Complex and then
delivered to the Facility, without being placed in either one of the Landfills before being
delivered to the Facility.
"New Class I Waste" means Class I Waste that is delivered to the Complex and then
delivered to the Facility, without being placed in either one of the Landfills before being
delivered to the Facility.
"New Solid Waste" means Solid Waste that is delivered to the Complex and then
delivered to the Facility, without being placed in either one of the Landfills before being
delivered to the Facility. New Solid Waste includes New Class I Waste, New Yard Trash, and
New C&D Debris.
"New Yard Trash" means Yard Trash that is delivered to the Complex and then delivered
to the Facility,
Facility.
without being placed in either one of the Landfills before being delivered to the
"Objectionable Odors" means any odor present in the outdoor atmosphere which by itself
or in combination with other odors, is or may be harmful or injurious to human health or welfare,
which unreasonably interferes with the comfortable use and enjoyment of life or property, or
which creates a nuisance.
"Office Building" means the County's administrative office building at the Complex, as
shown on Schedule 2.
"Operations Plan" means the Developer's plan of operations at the Facility, as described
in Section 5.1(h) of this Agreement.
"Parties" means the County and the Developer.
"Party" means the County or Developer, as the context may require.
"Permit Drawings" means the design drawings and specifications that the Developer
submits to the FDEP or other Governmental Authority to obtain the Permits for the Facility.
"Permits" means any and all permits, licenses, approvals or other authorizations required
by a Governmental Authority for the activities contemplated under the Agreement.
7of10
Packet Pg. 411
10.A.2.b
"Person" shall mean any and all persons, natural or artificial, including any individual,
firm, partnership, joint venture, or other association, however organized; any municipal or
private corporation organized or existing under the laws of the State of Florida or any other state;
any county or municipality; and any governmental agency of any state or the federal
government.
"Planned Outages" means periods of scheduled maintenance or other activities when
Developer will reduce the rate at which the Facility is Processing Solid Waste.
"Pollution" shall have the meaning provided in Section 403.031(7), F.S.
"Process", "Processed", and "Processing" means to subject Solid Waste or other material
to the gasification process at the Facility and thereby convert the material to gas, Ash, Diesel
Fuel, and By -Products.
"Processing Fee" means the fee that the County will pay to Developer for Processing the
County's Solid Waste.
"Prohibited Waste" means Solid Waste that shall not be Processed at the Facility because
it is (a) Hazardous Waste; (b) prohibited by Permit or other Applicable Law; (c) Biomedical
Waste; or (d) deemed to be an operational, health or safety hazard, as determined by Developer
in consultation with the County. However, Prohibited Waste does not include Garbage, Yard
Trash, Waste Tires, or the combustible components of C&D Debris.
"Receiving Time at the Complex" means the period when the Complex is open and
available for the receipt and delivery of Solid Waste, as set forth in Section 5.2(d) of the
Agreement.
"Receiving Time at the Facility" means the period when the Facility is open and available
for the receipt and delivery of Solid Waste, as set forth in Section 5.3(d) of the Agreement.
"Recyclable Materials" shall have the meaning provided in Rule 62-701.200(98), F.A.C.
"Refuse Derived Fuel" means Solid Waste that has been sorted, shredded, and otherwise
prepared to be used as fuel in the Facility.
"Rejectable Materials" means Solid Waste that cannot be Processed by the Facility or
recycled. Rejectable Materials include, but are not limited to bricks, concrete, glass, and soil.
However, Rejectable Materials do not include Garbage, Yard Trash, Waste Tires, or the
combustible components of C&D Debris.
"Renewable Energy Credit" and "REC" mean all attributes of an environmental or
similar nature that are created or otherwise arise from the Facility's generation of electricity or
Diesel Fuel from Solid Waste in contrast with the generation of electricity or Diesel Fuel using
nuclear or fossil fuels or other traditional resources, including all tax credits, cash grants in lieu
of tax credits and other tax attributes and benefits. Forms of such attributes include any and all
environmental air quality credits, green credits, including carbon credits, emissions reduction
credits, greenhouse gas credits, certificates, tags, offsets, allowances, or similar products or
8of10
Packet Pg. 412
10.A.2.b
rights, howsoever entitled, (a) resulting from the avoidance of the emission of any Pollution, gas,
chemical, or other substance, including mercury, nitrogen oxide, sulfur dioxide, carbon dioxide,
carbon monoxide, particulate matter or similar pollutants or contaminants of air, water or soil
gas, chemical, or other substance, and (b) attributable to the generation, purchase, sale or use of
electricity, steam, or Diesel Fuel from the Facility. Renewable Energy Credits include those
currently existing or arising during the Term under local, state, regional, federal, or international
legislation or regulation relevant to the avoidance of any emission under any governmental,
regulatory or voluntary program.
"Schedule" means a schedule attached to the Agreement, unless the context or usage of
such term clearly indicates a reference to another document.
"Site" means the property and improvements at the Complex that will be leased and used
by Developer pursuant to this Agreement and the Lease. The Site is generally depicted in
Schedule 2 of the Agreement. The Site includes the Baling Building.
"Site Development Plans" means the plans, drawings, and specifications for the
construction and operation of the Facility. The Site Development Plans includes the Permit
Drawings and the Final Plans.
"Solid Waste" has the meaning provided in Section 403.703(32), Florida Statutes. Solid
Waste includes, but is not limited to, New Solid Waste, Excavated Waste and Waste Tires.
"Source Separate Recyclable Materials" means Recyclable Materials that are separated
by the generator (e.g., a business or homeowner) and set out for collection and Recycling by the
County or its designee.
"Startup and CommissioningPeriod" means the time period after the Completion of
Construction during which the Facility will operate intermittently while Developer's engineers
test and adjust the Facility's operating systems and equipment in order to ensure that the Facility
will Process at least seven thousand (7,000) Tons per week of Solid Waste (as described in
Section 4.1 of the Agreement) on a continuous basis.
"Term" means the period of time when this Agreement is in effect.
"Tipping Fee" means the fee that is charged by the County for the disposal of Solid
Waste at the Complex.
"Ton" means 2,000 pounds.
"TPD" means Tons per day.
"Trommel" means a revolving or vibrating screen that is used to reduce the amount of
soil included in Excavated Waste.
"Unplanned Outages" means periods when Developer must reduce the rate at which the
Facility is Processing Solid Waste because of an unexpected need for maintenance, repair or
other reasons.
9of10
Packet Pg. 413
10.A.2.b
"Utility Services" means the provision of potable water, electricity, natural gas, and other
similar utility services needed for the construction, commissioning, operation, or maintenance of
the Facility, including but not limited to services for the discharge of any domestic wastewater
(sewer) and industrial wastewater.
"Waste Tire" has the meaning provided in Rule 62-701.200(126), F.A.C.
"White Goods" shall have the meaning provided in Section 403.703(42), Florida Statutes.
"Yard Trash" has the meaning provided in Section 403.703(43), Florida Statutes. Yard
Trash includes New Yard Trash and Excavated Yard Trash.
10 of 10
Packet Pg. 414
10.A.2. b
SCHEDULE2
PRELIMINARY SITE DEVELOPMENT PLAN (PROPOSED FACILITIES)
64mmw
NOTPAMRTW
911E MYELPiBIt
NN 2
.
LUCIE 1001 1
I of I
Packet Pg. 415
10.A.2. b
SCHEDULE2
PRELIMINARY SITE DEVELOPMENT PLAN (EXISTING FACILITIES)
2of1
Packet Pg. 416
10.A.2.b
SCHEDULE3
DIAGRAM OF FACILITY
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Packet Pg. 417
10.A.2.b
SCHEDULE4
PROCESSING FEES
The following Processing Fees shall be paid pursuant to Section 8 of the Agreement:
• New Class I Waste
$20.00/ton;
• New Yard Trash
$10.00/ton;
• New C&D Debris
$10.00/ton;
• New Waste Tires
$60.00/ton.
Processing Fees shall be adjusted annually, based on changes to the CPI, as described in Section
8.2 of this Agreement.
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Packet Pg. 418
10.A.2.b
SCHEDULE 5
NECESSARY PERMITS AND APPROVALS
Pursuant to Section 9.1(e) of the Agreement, the Developer represents that the following Permits
need to be obtained by the Developer for the performance of its duties and obligations under the
Agreement:
(a) A Solid Waste Permit (modification) for a Waste Processing Facility
(b) An Environmental Resource Permit (modification)
(c) A Permit and/or Registration for Fuel and Chemical Storage Tanks
(d) An Air Construction Permit (modification)
(e) A Stormwater Discharge Permit
(f) A Land Use Permit (modification)
(g) A Permit for the Proposed Utility Systems
(h) A Building Permit
Pursuant to Section 9.2(e) of the Agreement, the County represents that the following Permits
need to be obtained by the County for the performance of its duties and obligations under the
Agreement:
(a) A Solid Waste Permit (modification)
(b) An Environmental Resource Permit (modification)
1 of 1
Packet Pg. 419
10.A.2.b
SCHEDULE 6
SAMPLE CALCULATIONS OF CPI ADJUSTMENTS
The following calculations use hypothetical values to demonstrate how the CPI adjustment should
be determined pursuant to Section 8.2 of the Agreement. The first CPI adjustment will be effective
on October 1, 2016.
Example 1:
CPI Adjustment on October 1, 2016
Current Processing Fee for New Class I Waste: $20.00 per Ton
Percentage change in CPI for previous 12 month period (calculated pursuant to Section 8.2(b) of
the Agreement): 1.7%
Increase in Processing Fee (measured in dollars): $20.00 x 0.017 = $0.34
New Processing Fee: $20.00 + $0.34 = $20.34
Example 2:
CPI Adjustment on October 1, 2017
Current Processing Fee for New Class I Waste: $20.34
Percentage change in CPI for previous 12 month period (calculated pursuant to Section 8.2(b) of
the Agreement): 8.0%*
Increase in Processing Fee (measured in dollars): $20.34 x 0.04 = $0.81 *
New Processing Fee: $20.34 + $0.81 = $21.15
* Note: Pursuant to Section 8.2(c) of the Agreement, a single CPI adjustment to the Rate shall not
exceed four percent (4%) in any year. Accordingly, the CPI adjustment in this hypothetical
example shall be limited to four percent (4%).
Example 3
CPI Adjustment on October 1, 2018
Current Processing Fee for New Class I Waste: $21.15
Percentage change in CPI for previous 12 month period (calculated pursuant to Section 8.2(b) of
the Agreement): - 3% (i.e., the CPI declined by 3%)
1 of 2
Packet Pg. 420
10.A.2.b
Increase in Processing Fee (measured in dollars): $21.15 x 0.01 = $0.21**
New Processing Fee: $21.15 + $0.21 = $21.36
** Note: Pursuant to Section 8.2(d) of the Agreement, each CPI adjustment shall result in an
increase of at least one percent (1%).
2 of 2
Packet Pg. 421
10.A.2.b
SCHEDULE?
BOILER FEEDWATER STANDARDS
TABLE 3.16. ABMA RECOMMENDED BOILER WATER LIMITS
AND ESTIMATES OF CARRYOVER LIMITS THAT CAN BE ACHIEVED
<------------------- CONDITIONS FOR WHICH " F C O" IS VALID ------------------
Drum
Pressure,
psig
Range
Boiler
Water
Solids, ppm
Steam TDS
Corresponding
to BW TDS
Maximum Total
Alkalinity
ppm, as CaCO3
Maximum
Suspended
Solids,
ppm
Maximum
FCO,
Fractional
Carryover
(Note 2)
0 - 300
700-3500
0.2-1.0
(Note 1)
15
0.0003
.....................................................
301 —
.......... ......................-.
......................................
.......... ...............................................................................
..........
......................................................................................... .............
................................................................
............
.........................................................................
450
1,000-3000
0.2-1.0
(Note 1
10
0.0003
.................................................
451 -
.........................................................................................................................................................................)................................................................................................................................................................................................................
1,000
500-2500
0.2-1.0
(Note 1 )
8
0.0004
.............................
601 —
...........
..................................... ..-......................
...........
..............................................................................
..........
...................................... ................................................
.............
................................................................
............
.........................................................................
750 ...................
...........................................................................
200-1000
..... ...............................................
0.1-0.5 ...............................................
(Note 1 )................................................
.............
3
................................................................
............
0.0005
.........................................................................
751 —
......................................
900
150-750
0.1-0.5
(Note...)...............................................
901 -
...................
.........................
............
..._2......................................................................0.0006.....................................
1000
125-625
0.1-0.5
(Note 1)
1
0.0007
.................
1001-
..................................................................................................................................................................................................................................
1800
100
0.1 *
1
0.001
.....................................................................................................................................................................................................
1801-
2350
50
0.1 *
Not Applicable*
1
0.002
............... ......................................
2351-
...........
.................................................................................................................................................................................................P.P................................................................................................................................................................................................................
21,0
25
0.05*
1
0.002
....................0.0
2601-
2900
1
1 15
1
10.05*
1
11
0.003
Note 1. 20% of Actual Boiler Water Solids
For TDS <100 ppm, the total alkalinity is
dictated by the boiler water treatment.
Note 2: Does not include vaporous silica carryover.
1 of 3
Packet Pg. 422
10.A.2.b
TABLE 3.17. ASME Guidelines
Suggested Water Quality Limits
[Adapted from A.S.M.E. 1979 Consensus]
Boiler Type: Industrial water tube,
high duty, primary fuel
fired, drum type
Makeup Water Percentage: Up to 100%
of feedwater
Conditions: Includes superheater, turbine drives, or process restriction
on
steam purity
Saturated Steam Purity Target (9)
Drum Operating
0-2.07
2.08-3.10
3.11-4.14
4
Pressure 0)
0-300
301-450
1,000)
Feedwater (7)
Dissolved oxygen (mg/l 02)
measured before oxygen
scavenger addition (')
<0.04
<0.04
<0.07
Total Iron (mg/l Fe)
<0.100
<0.050
<0.030
Total Copper (mg/l Cu)
<0.050
<0.025
<0.020
Total Hardness (mg/l CaCO3)
<0.300
<0.300
<0.200
pH range @ 25°C
7.5-10.0
7.5-10.0
7.5-10.0
Chemicals for preboiler
system protection
Nonvolatile TOC (mg/l 1 c)(6)
<1
<1
<0.5
Oily matter (mg/1)
<1
<1
<0.5
Boiler Water
Silica (mg/l 5102)
<150
<90
<40
Total Alkalinity
(mg/l CaCO3) U
<350 0)
<300 (3)
<250
Free hydroxide alkalinity
(mg/l CaCO3) (2)
Not
specified
Specific Conductance
(umho/cm) @ 25°C
without neutralization
<3500 0)
<3000 (5)
2500 (5)
4.15-5.17
601-750
<0.07
<0.025
<0.020
<0.200
7.5-10.0
<0.5
<0.5
<30
<200 (3)
<2000 (5)
2 of 3
Packet Pg. 423
10.A.2.b
Notes for Table 3.17
1. With local heat fluxes >473.2 kW/m2 (>150,000 Btu/hr/ft2), use values for the next higher pressure
range.
2. Minimum level of OH- alkalinity in boilers below 6.21 MPa (900 psig) must be individually
specified with regard to silica solubility and other components of internal treatment.
3. Maximum total alkalinity consistent with acceptable steam purity. If necessary, should override
conductance as blowdown control parameter. If makeup is demineralized water at 4.14 MPa (1,000
psig) to 6.89 MPa (1000 psig), boiler water alkalinity and conductance should be that in table for
6.90-10.34 MPa (1001-1500 psig) range.
4. Not detectable in these cases refers to free sodium or potassium hydroxide alkalinity. Some small
variable amount of total alkalinity will be present and measurable with the assumed congruent or
coordinated phosphate -pH control or volatile treatment employed at these high pressure ranges.
5. Maximum values often not achievable without exceeding suggested maximum total alkalinity
values, especially in boilers below 6.21 MPa (900 psig) with >20% makeup of water whose total
alkalinity is >20% of TDS naturally or after pretreatment by line -soda, or sodium cycle ion
exchange softening. Actual permissible conductance values to achieve any desired steam purity
must be established for each case by careful steam purity measurements. Relationship between
conductance and steam purity is affected by too many variables to allow its reduction of a simple list
of tabulated values.
6. Nonvolatile TOC is that organic carbon not intentionally added as part of the water treatment
regime.
7. Boilers below 6.21 MPa (900 psig) with large furnaces, large steam releases space and internal
chelant, polymer, and/or antifoam treatment can sometimes tolerate higher levels of feedwater
impurities than those in the table and still achieve adequate deposition control and steam purity.
Removal of these impurities by external pretreatment is always a more positive solution.
Alternatives must be evaluated as to practicality and economics in each individual case.
8. Values in table assume existence of a deaerator.
9. No values given because steam purity achievable depends upon many variables, including boiler
water total alkalinity and specific conductance as well as design of boiler, steam drum internals, and
operating conditions (note 5). Since boilers in this category require a relatively high degree of steam
purity, other operating parameters must be set as low as necessary to achieve this high purity for
protection of the superheaters and turbines and/or to avoid process contamination.
3 of 3
Packet Pg. 424
10.A.2.b
SCHEDULE8
SPECIFICATION FOR NO.2 DIESEL FUEL
ASTM D 975, Grade No. 2-D S15 Specification
Property
ASTM
Method
Specifications
Minimum
Maximum
Color, ASTM
------------------------------------------- --------
Doctor Test
D 1500
------------
D 4952
-----------------------
1.5
Negative
Sulfur, ppm
D 5453
15
Distillation - 90 percent recovered, °C
--------------------------------------------------------
Flash Point, °C
D 86
D 93
282
52
338
Density, Kg/m3
D 4052
876
Viscosity @ 40 °C, mm2/S (CSt)
D 445
1.9
4.1
Cold Filter Plugging Point (CFPP), °C
D 6371
Summer'
-6
Winter
-12
Cetane Index
D 976
41
Corrosion, Copper Strip, Rating 3h @ 50 °C
D 130
1B
Carbon - Residue on 10% Distillation, % Mass
D 4530
0.35
Ash, % Mass
D 482
0.01
Water & Sediment, Volume Percent
D 2709
j 0.05
Haze Point
D4176
Clear and bright@ambient
Temperature
Conductivity, pS/m
---------------------------------------------------
Lubricity, High Frequency Reciprocating Rig
(HFRR) @ 60 °C, micron
D 2624
-----------------------------------------
D 6079
50
520
Notes:
1. Summer: 1 March to 31 October (Northern Hemisphere)
2. Winter: 1 November to 29 February (Northern Hemisphere)
3. If Doctor Test is positive, then mercaptan sulfur must be less than 30 ppm
1 of 1
Packet Pg. 425
10.A.2.c
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DIAGRAM OF FACILITY
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10.B.1
ITEM NO. (ID # 2990)
TO:
PRESENTED BY:
SUBMITTED BY:
ci miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
DATE: 07/21/2015
*REGULAR AGENDA\OFFICE OF
MANAGEMENT & BUDGET
Asheley Hepburn, Office of Management & Budget Director
Office of Management & Budget
Setting of FY 2016 Proposed Millage Rates and Dates for Budget Public
Hearings
The County is required to advise the Property Appraiser of the proposed millage rates; the rolled -back
rates; and the date, time and place the tentative budget hearing will take place. This must be done within
35 days of the Property Appraiser's certification of taxable value in accordance with Florida Statute
200.065. The Property Appraiser utilizes this information in preparing the notice of proposed property
taxes (TRIM notice) which are mailed to each property owner in August.
The TRIM notice is intended to inform property owners of the maximum millage rate and taxes for each
taxing district. After the proposed millage rates are set, any of the millage rates may be further reduced
any time before the final budget hearing on September 171". However, none of the millage rates may be
increased.
The recommended FY 2015-2016 Budget includes property tax revenues of $135.9 million and is outlined
in the attached "Worksheet Analysis of Roll -Back Millage Rate for Fiscal Year 2015-2016". The
recommended rates are consistent with the rates as presented at the budget workshops held by the
Board of County Commissioners on July 13 and July 16, 2015, and as required to meet special district,
debt service, and related millage requirements.
The recommended rates include an adjustment to the Mosquito Control Fund, which will be decreased by
0.0109 mills and offset by an increase in the General Fund by 0.0109 mills. The General Fund millage
increase will assist in funding the County's general fund operating needs.
In addition to the aforementioned, on July 17, 2015 the Citizens Budget Committee met and adopted a
resolution (see attached) recommending the Board of County Commissioners:
A. Raise the millage rate by .25 mills to fund public safety.
B. Establish an action committee to research and develop educational materials for a referendum on
a % cent surtax (sales tax)
Packet Pg. 428
10.B.1
This request is for the purpose of setting the maximum millage rates in compliance with Truth in Millage
(TRIM) requirements.
PREVIOUS ACTION:
Budget workshops were held with the Board on July 13, 2015 and July 16, 2015.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff Recommends Board approval to set millage rates in order to comply with Truth in Millage (TRIM)
requirements:
• Advise the Property Appraiser's Office of the millage rates as outlined on "Worksheet
Analysis of Roll -Back Millage Rate for fiscal year 2015-2016" under the column headed
"2015-2016 proposed millage."
• Set two public hearings on September 3, 2015 and September 17, 2015, at 6:00 PM in the
Roger Poitras Administration Annex Commission Chamber.
• Authorize the County Administrator to be able to modify the millage rates between General
Fund and Fine and Forfeiture Fund as long as the total countywide millage stays the same.
• Set the proposed aggregate millage as outlined on "Worksheet Analysis of Roll -back Millage
rate for fiscal year 2015-2016" under the column headed "2015-2016 proposed millage."
COMMISSION ACTION:
Coordination/Signatures
4 i4kgement & Budget Dir(7�tO/2015� e
Heather Young, Asst. County Attorney �7/17/�2015 Ho and Tipton, Count Administrate 7/17/2015
updated: 7/20/2015 3:47 PM by Donna Calise Page 2
Packet Pg. 429
10.B.1.a
WORKSHEET ANALYSIS OF ROLL -BACK MILLAGE RATE FOR FISCAL YEAR 2015-2016
A
B
C
D
E
F
G
H
FUND
2014-15
2014-15
2015-16
2015-16
2015-16
2015-16
Prior
2015-16
NAME
Millage
Taxes
Rollba6
Rollback
Millage
Taxes
Year's
Gross
Rate
Taxes
Value '
Value `
COUNTY
GENERAL FUND
3.7764
58,910,856
3.6342
59,297,022
3.7873
61,795,062
15,599,739,461
16,316,389,398
FINE & FORFEITURE
3.2699
51,009,588
3.1467
51,342,783
3.2699
53,352,962
15,599,739,461
16,316,389,398
SUBTOTAL COUNTY
7.0463
109,920,444
6.7809
110,639,805
7.0572
115,148,024
DEPENDENT DISTRICTS
EROSION CONTROL - ZONE E
0.0925
1,442,976
0.0889
1,450,527
0.0925
1,509,266
15,599,739,461
16,316,389,398
MOSQUITO DISTRICT Z
0.2522
3,866,817
0.2426
3,886,659
0.2413
3,865,832
15,332,343,938
16,020,854,712
SUBTOTAL DEPENDENT DI
0.3447
5,309,793
0.3315
5,337,186
0.3338
5,375,098
TOTAL COUNTY/DEPENDENT D
7.3910
115,230,237
7.1124
115,976,991
7.3910
120,523,122
MUNICIPAL SERVICE TAXING UNITS (MSTUs)
UNINCORPORATED SERVICES -
0.4380
3,064,921
0.4286
3,070,095
0.4380
3,137,428
6,997,535,988
7,163,078,192
STORMWATER 3
0.3497
2,447,038
0.3422
2,451,205
0.3497
2,504,928
6,997,535,988
7,163,078,192
LAW ENFORCEMENT 3
0.5103
3,570,843
0.4994
3,577,241
0.5103
3,655,319
6,997,535,988
7,163,078,192
PARKS MSTU 4
0.2313
3,620,743
0.2225
3,639,586
0.2313
3,783,534
15,653,882,638
16,357,689,408
TRANSIT MSTU
0.1269
1,979,607
0.1220
1,990,600
0.1269
2,070,550
15,599,739,461
16,316,389,398
SUBTOTAL MSTU
1.6562
14,683,152
1.6147
14,728,727
1.6562
15,151,759
TOTAL AGGREGATE MILLAGE
8.3279
129,913,389
8.0489
131,328,987
8.3153
135,674,881
15,599,739,461
16,316,389,398
AGGREGATE MILLAGE INCREASE (DECREASE)
-0.0126
INCREASE (DECREASE) OVER ROLL -BACK
0.2664
PERCENT INCREASE(DECREASE)
IN AGGREGATE MILLAGE OVER ROLL -BACK
3.31%
VOTED DEBT
PORT PROPERTY BOND 5
0.0154
243,744
0.0154
254,637
15,827,507,425
16,534,849,450
SUBTOTAL VOTED DEBT
0.0154
243,744
0.0154
254,637
GRAND TOTAL OF TAXES
130,157,133
135,929,518
NOTES
1. The property values are as certified by the Property Appraiser.
2. There is a small portion of the County that the Mosquito Control Millage does not apply to.
3. The Unincorporated Services MSTU, Stormwater MSTU and Law Enforcement MSTU do not apply to properties within the Cities.
4. The Parks MSTU runs through December 31, 2023.
5. The Port Property Bond matures in 2017.
St. Lucie county, FL Packet Pg. 430
10.B.1.b
ST. LUCIE COUNTY CITIZENS BUDGET COMMITTEE
RESOLUTION NO. 2015 — 001
RECOMMENDATIONS ON THE PROPOSED FY2016 BUDGET
WHEREAS, the St. Lucie County Citizens Budget Committee ("Committee") met on July
17, 2015 to review the budget recommendations presented to the St. Lucie County Board of
County Commission; and,
WHEREAS, the Committee discussed in length the budget and the financial position of the
County; and,
WHEREAS, as a result of these discussions, the Committee has the following concerns
1. The Committee is concerned about the continued depletion of the fund balance to
fund County operations. Since 2010, the County has used $42.9 million of fund
balance to offset any tax increase.
2. The Committee recognizes the cutbacks in maintenance has created higher operating
costs due to:
A. Non replacement of high maintenance equipment
B. Lower maintenance of County facilities
3. The staff cuts, to the 1995 staffing level, over the last several years have reduced
services while the population of St. Lucie County has increased by 100,000 citizens.
NOW, THEREFORE, BE IT RESOVED by the St. Lucie County Citizens Budget Committee as
follows:
1. The Committee makes these recommendations to the St. Lucie County Board of
County Commissioners:
A. The Committee recommends raising the millage rate by 0.25 mills to fund
public safety. All the members of the Committee are very concerned about
the necessary funding of the Sheriff's Office to maintain well trained,
professional law enforcement personnel. The Committee agrees that
additional monies for public safety should not come from fund balance.
B. The Committee recommends establishing an action committee to research
and develop educational materials for a referendum on a Yz cent surtax
1
Packet Pg. 431
10.B.1.b
(sales tax). The Committee strongly recommends that the uses of funds
from the proceeds of the surtax be for specific projects.
2. A copy of this resolution shall be provided to the Board of County Commissioners,
the County Administrator, and the Management and Budget Director.
PASSED AND DULY ADOPTED this 17th day of July, 2015
ST. LUCIE COUNTY CITIZENS BUDGET
COMMITTEE
DANIEL J. K ,-V -C Alit
Q
Packet Pg. 432
10. B.2
ITEM NO. (ID # 2992)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
DATE: 07/21/2015
*REGULAR AGENDA\OFFICE OF
MANAGEMENT & BUDGET
Asheley Hepburn, Office of Management & Budget Director
Budget Division
Funding for OF/IFAS Invasives Research Facility
The OF/IFAS Invasives Research Facility is a quarantine facility that opened in 2004 at the OF/IFAS Indian
River Research and Education Center in Fort Pierce with $3.9 million in state funding. It is a highly secure
state-of-the-art lab where scientists conduct research on biological controls for invasive species. Scientists
introduce, evaluate and release biological control agents to try to manage exotic weeds and insect pests
in Florida.
Florida has the largest invasive infestations in the nation. Invasive species cost Florida approximately $100
million a year. The center was poised to release the first biological control agent against the Brazilian
Peppertree. The tree has moved around the world as an ornamental plant, and in Florida, it has infested
nearly 700,000 acres in the central and southern regions. In general, the trees take over space where
native plants should be. Animals such as white-tailed deer, the Florida panther and migratory birds that
depend on native vegetation, such as mangrove, for food and shelter are deprived of that habitat.
Funding for the OF/IFAS Invasives Research Facility was vetoed by the Governor. This facility had 12
positions and without steps from the Board of County Commissioners would likely close. To maintain
minimal operations with a skeleton staff for one-year would require $163,851 in County funding for
salaries and fringe benefits. The University of Florida will continue to fund the two principal investigator
positions and the County funding would be used to fund four positions.
PREVIOUS ACTION:
During the budget workshops on July 13th and July 16th, the Board expressed a desire to make a one-
time contribution to the OF/IFAS Invasives Research Facility in order to keep the facility open until the
issue could be re -addressed with the State in the next legislative session.
FINANCIAL IMPACT:
Funding is available in the General Fund Contingency (001-9910-599100-800).
RECOMMENDATION:
Packet Pg. 433
10.B.2
Staff recommends that the Board approve budget amendment no. 15-013 in the amount $163,851 and
approval to make a one-time contribution to the Indian River Research & Education Center to fund the
OF/IFAS Invasives Research Facility. This funding will go towards assisting them by bridging their funding
to continue their efforts to find an organism to eradicate the Brazilian peppertree.
COMMISSION ACTION:
Coordination/Signatures
1
K, � n �� '� fl � in hn /
e ey epbur f e o a gement & Budget Dire7Vt&/2015
r ( T, Y
A
Heather Young, Asst. County Attorney 7/17/_2015 rk 5 er ee, Depa County mimstrato 7/17/2015
Updated: 7/20/2015 4:18 PM by Donna Calise A Page 2
Packet Pg. 434
10.B.2.a
BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT:
PREPARED DATE:
AGENDA DATE:
ACCOUNT NUMBER
TO: 001-3715-582000-300
FROM: 001-9910-599100-100
Office of Management and Budget
7/17/2015
7/21 /2015
ACCOUNT NAME
Aids to Private Organizations
Continae
AMOUNT
$163,851
163.851
REASON FOR BUDGET AMENDMENT: To set up a budget to provide one fiscal year of funding to
the University of Florida / Instituted of Food and Agricultural Sciences / Indian River Research
and Education Center (UF / IFAS / IRREC).
RESERVE BALANCE:
THIS AMENDMENT:
REMAINING BALANCE:
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
$1,182, 635
($163,851)
$1,018,784
BA15-013
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Packet Pg. 435