HomeMy WebLinkAboutAgenda Packet 09.15.2015T. ® I I
COUNTY
F LORI D A
BOARD OF COUNTY COMMISSIONERS
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, September 15, 2015
9:00 AM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 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 911512015 8:34 PM
Regular Meeting Tuesday, September 15, 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.
2 1 P a g E
Regular Meeting Tuesday, September 15, 2015 9:00 AM
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
There are no items scheduled.
5. PUBLIC COMMENT (excluding Public Hearing items)
6. PROCLAMATIONS APPROVAL
A. Resolution - Proclaiming September 30, 2015 as "Million Father March: Men Take Your Child to
School Day" in St. Lucie County, Florida
B. Resolution - Proclaiming September 22, 2015 as "National Voter Registration Day" in St. Lucie
County, Florida
C. Resolution - Proclaiming September 29, 2015 as "World Heart Day" in St. Lucie County, Florida
7. PRESENTATIONS
Boy Scout Partnership - Chuck Barrowclough
8. CONSENT AGENDA
A. WARRANTS
BOCC Warrant Lists 48 - 49
B. COUNTY ATTORNEY
1. Request for Permission to Advertise - Notice of Public Hearing - Abandonment of a
Right -of -Way in Clearview Subdivision
Staff recommends that the Board authorize staff to advertise a Public Hearing to be held
on October 6, 2015 at 6:00 p.m. or as soon thereafter as possible.
2. Resolution - Conservation Easement - Brocksmith Road - Hays Subdivision
Staff recommends that the Board accept the Conservation Easement and Preserve Area
Monitoring and Management Plan (PAMMP), authorize the Chair to sign the Resolution
31Page
Regular Meeting Tuesday, September 15, 2015 9:00 AM
and direct staff to record the documents in the Public Records of St. Lucie County,
Florida.
3. Resolution - Facilities Use Agreement Between St. Lucie County and The Department of
Financial Services, Division of Workers' Compensation
Staff recommends Board approval of the Facility Use Agreement, retroactive to
September 8, 2015, the resolution, and authorization for the Chair to sign documents as
approved by the County Attorney.
4. All Aboard Florida - Payment of Legal Defense Invoice through All Aboard Legal Defense
Fund An attachment was added to this item.
Staff recommends that the Board authorize payment of the attached invoice from the
special fund the Board created pertaining to All Aboard Florida (AAF).
5. Animal Impoundment Services - Third Amendment to December 20, 2011 Agreement
with Humane Society of St. Lucie County, Inc.
Staff recommends the Board approve the proposed Third Amendment to the December
20, 2011 Agreement with the Humane Society of St. Lucie County, Inc., and authorize
the Chair to sign the agreement subject to receipt of the signed originals from the
Humane Society.
6. 2015-2016 Health Department Contract
Staff recommends the Board approve the proposed 2015-2016 contract with the State
of Florida Department of Health, and authorize the Chair to sign the contract.
C. COMMUNITY SERVICES
1. Budget Resolution - Florida Department of Transportation (FDOT) Service Development
Grant for Medical Access Shuttle
Staff recommends Board approval of the Budget Resolution and authorization for the
Chair to sign documents, as approved by the County Attorney.
2. Grant Acceptance - FDOT Service Development Grant for Medical Access Shuttle
Staff recommends Board acceptance of the FDOT Service Development grant
(FM#438525-1-84-01), approval of executing resolution and sub -grant agreement, and
authorization for the Chair to sign documents, as approved by the County Attorney.
3. Resolution - Community Services Block Grant (CSBG) Acceptance FY16 agreement
Staff recommends Board acceptance of the FY16 Community Service Block Grant
allocation and agreement (16SB-OD-12-00-01-023), approval of Budget Resolution and
sub -recipient agreements and authorization for the Chair to sign documents as
approved by the County Attorney.
D. OFFICE OF MANAGEMENT & BUDGET
4 1 P a g e
Regular Meeting Tuesday, September 15, 2015 9:00 AM
Resolution - Transportation Revenue Bonds, Series 2015
Staff recommends that the Board approve the Budget Resolution to establish the
budget for the Transportation Revenue Bonds Refunding.
E. PLANNING & DEVELOPMENT SERVICES
Hays Subdivision Final Plat
Staff recommends Board approval of the Final Plat for the Hays Subdivision and
authorize the Chair to sign documents as approved by the County Attorney.
F. PUBLIC SAFETY
Infrastructure Maintenance Service Agreement for the 800 MHz Public Safety Radio
System
Staff recommends Board approval of the maintenance service agreement for the 800
MHz Public Safety radio system in the amount of $333,561.84 and authorization for the
Chair to sign documents as approved by the County Attorney.
G. PUBLIC WORKS
1. Special Assessment Notice of Intents for 2016
Staff requests the Boards' permission to advertise 14 public hearings to consider use of
the uniform method of collecting special assessments to be held at the Board's regular
day meeting on October 20, 2015.
2. Kings Highway at Indrio Road Intersection Improvements - Fourth Amendment to Work
Authorization No. 2
Staff recommends Board approval of the Fourth Amendment to Work Authorization No.
2 (C07-07-385) with Kimley-Horn in the deductive amount of $82,000.00 for the Kings
Highway and Indrio Road Intersection Improvements Project and approval of the
contract with the Bluefield Ranch Mitigation Bank to purchase six -tenths of one (0.6)
forested credit in the amount of $72,000.00. Authorization for the Chair to sign
documents as approved by the County Attorney.
3. Resolution - Parkland Municipal Services Benefit Unit (MSBU)
Staff recommends Board approval of the Parkland MSBU Initial Assessment Resolution
and authorization for the Chair to sign documents as approved by the County Attorney.
H. SHERIFF'S OFFICE
1. Law Enforcement Trust Impact Fees 2014-15 Request
Staff recommends Board approval of the Sheriff's request, and transfer of funds in the
amount of $481,529.00.
51Page
Regular Meeting Tuesday, September 15, 2015 9:00 AM
2. Request for Distribution from the Law Enforcement Trust (LET) Fund in the Amount of
$237,745.00 for Budget Year 2014-15
Staff recommends Board approval of the Sheriff's request and transfer of funds in the
amount of $237,745.00.
I. UTILITIES
Severn Trent Environmental Services, Inc. - Contract Amendment Three
Staff recommends Board approval of the third amendment to the Operation and
Maintenance Agreement for Water, Wastewater and Reclaimed Water between Severn
Trent Environmental Services, Inc. and St. Lucie County, Florida.
9. PUBLIC HEARINGS
10111i,1tvoila 191.1►IMA
A. Public Hearing - Animal Control Ordinance
Staff recommends the Board of County Commissioners adopt proposed Ordinance, as
drafted.
B. Public Hearing - Alarm Ordinance Amendments
Staff recommends the Board of County Commissioners adopt the proposed Ordinance,
as drafted.
10. REGULAR AGENDA
PLANNING & DEVELOPMENT SERVICES
Artistry in Mosaics - Economic Development Letter of Intent Pulled Prior to Meeting
Staff recommends the Board sign the Letter of Intent to offer Artistry in Mosaics an
economic development incentive package consisting of a Job Growth Incentive Grant,
an Ad Valorem Tax Exemption, and an Impact Fee Mitigation.
6 1 P a g e
Regular Meeting Tuesday, September 15, 2015 9:00 AM
11. ANNOUNCEMENTS
A. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday,
September 17, 2015 at 6:00 p.m. in the County Commission Chambers.
B. The Board of County Commissioners will hold a Regular Board Meeting on Tuesday, October 6,
2015 at 6:00 p.m. in the County Commission Chambers on the third floor of the Roger Poitras
Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
C. The Board of County Commissioners will hold an Informal Meeting on Tuesday, October 13,
2015 at 9:00 a.m. in Conference Room #3 on the third floor of the Roger Poitras Administration
Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
D. The Board of County Commissioners will hold a Regular Board Meeting on Tuesday, October 20,
2015 at 9:00 a.m. in the County Commission Chambers on the third floor of the Roger Poitras
Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
E. The Board of County Commissioners will hold a Regular Board Meeting on Tuesday, November
3, 2015 at 6:00 p.m. in the County Commission Chambers on the third floor of the Roger Poitras
Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
12. MOTION TO ADJOURN
71Page
6.A
ITEM NO. RES-2015-167
COUNTY
` R I ` A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 09/15/2015
*PROCLAMATIONS APPROVAL
Resolution - Proclaiming September 30, 2015 as "Million Father March:
Men Take Your Child to School Day" in St. Lucie County, Florida
Deputy Chief Garry Wilson, St. Lucie County Sheriff's Office, has requested that this Board proclaim
September 30, 2015 as "Million Father March: Men Take Your Child to School Day" in St. Lucie County,
Florida. The attached resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination Signatures
ianie/s. McIntyre, C my ttorney 8/28/2015
r
X
Paula A. Lewis, District No. 3, Chair 9/15/2015
Packet Pg. 8
RESOLUTION
A RESOLUTION PROCLAIMING SEPTEMBER 30, 2015 AS
"MILLION FATHER MARCH: MEN TAKE YOUR CHILD TO SCHOOL DAY"
IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. Education has become a matter of national security.
2. Public schools are the backbone of our democracy, providing young people with the
tools they need to maintain our nation's precious values of freedom, civility and equality.
3. By equipping young Americans with both practical skills and broader intellectual abilities,
schools give them hope for, and access to, a productive future.
4. Parents are an integral part of the education process and a father is part of a good parent
team and critical to a strong family structure.
5. With encouragement and unconditional love, fathers guide their children and help them
envision brighter futures. They are teachers, coaches, friends and role models.
6. Fathers instill values like hard work and integrity and teach their kidsto take responsibility
for themselves and those around them.
7. Even in a time when technology allows us to connect instantly with almost anyone on
earth, there is still no substitute for a father's presence, care and support.
8. A father who actively participates in the educational and social -emotional developmental
life of a child is invaluable and irreplaceable.
9. Fathers provide essential contributions to our lives, our society and our nation.
10. Research shows that children whose fathers take active roles in their educational lives earn
better grades, score higher on tests, enjoy school more and are more than likelyto graduate from
high school and attend college.
11. Fathers, grandfathers, fosterfathers, stepfathers, uncles, big brothers, significant male care
givers, mentors and friends are all encouraged to participate in the Million Father March.
12. 700 cities and 1,100,000 men are expected to participate in the 2015 Million Father March.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby proclaim Wednesday, September 30, 2015 as "MILLION FATHER
MARCH: MEN TAKE YOUR CHILD TO SCHOOL DAY" in St. Lucie County, Florida.
2. This Board calls upon all citizens to observe this day by taking time to recognize and
acknowledge the importance of male influence on educational success.
PASSED AND DULY ADOPTED this 15th day of September 2015.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIR
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 9
6.B
ITEM NO. RES-2015-168
N1
COUNTY
F L Q R[
TO:
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
DATE: 09/15/2015
AGENDA REQUEST *PROCLAMATIONS APPROVAL
Board of County Commissioners
Daniel S. McIntyre, County Attorney
County Attorney
Resolution - Proclaiming September 22, 2015 as "National Voter
Registration Day" in St. Lucie County, Florida
BACKGROUND:
It has been requested that this Board proclaim September 22, 2015 as "National Voter Registration Day"
in St. Lucie County, Florida. The attached resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination Signatures
Heather Young, Asst. County Attorney 9/9/2015
Paula A .Lewis, Oistnct No. 3, Chair 9/15/2015
Packet Pg. 10
RESOLUTION
A RESOLUTION PROCLAIMING SEPTEMBER 22, 2015 AS
"'NATIONAL VOTER REGISTRATION DAY" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. In 2012, millions of Americans didn't vote because they missed a registration deadline or
didn't know how to register to vote. In 2015, we want to make sure no one is left out.
2. St. Lucie County is committed to strengthening democracy by encouraging voter
registration and increasing participation in all elections.
3. Civic -minded people and organizations have collaborated to establish September 22, 2015
as "National Voter Registration Day".
4. The goal for the 2015 National Voter Registration Day is to create awareness of elections
and motivate eligible Americans to register to vote in the coming months.
5. Many people are unaware that they must make the correction to their voter registration
when they change their address, change their name, or change their political party
preference.
6. The strength of our democracy depends on the willingness of its citizens to participate by
choosing the people who will lead us and by voicing their opinions on important matters
that come before the voters on Election Day.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
This Board does hereby recognize Tuesday, September 22, 2015 as "NATIONAL VOTER
REGISTRATION DAY" in St. Lucie County, Florida.
This Board encourages all eligible St. Lucie County residents to register and vote.
PASSED AND DULY ADOPTED this 151h day of September 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIR
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 11
6.0
ITEM NO. RES-2015-176
COUNTY
` R I ` A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 09/15/2015
*PROCLAMATIONS APPROVAL
Resolution - Proclaiming September 29, 2015 as "World Heart Day" in St.
Lucie County, Florida
It has been requested that this Board proclaim September 29, 2015 as "World Heart Day" in St. Lucie
County, Florida. The attached resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination/Signatures
iaie & Mc"ntyre,torney 9/10/2015
Paula A .Lewis, Oistnct No. 3, Chair 9/15/2015
Packet Pg. 12
RESOLUTION
A RESOLUTION PROCLAIMING SEPTEMBER 29, 2015 AS
"WORLD HEART DAY" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. World Heart Day brings awareness to cardiovascular disease and that everyone has the
chance to make healthy heart choices wherever they live, learn, work, or play.
2. World Heart Day encourages us all to reduce our cardiovascular risk and promotes a heart -
healthy planet for those around us.
3. Heart disease is the leading cause of death in the United States and the second leading
cause of death in St. Lucie County.
4. The risk factors for heart disease are smoking, high blood pressure, high cholesterol and
high triglyceride levels, overweight/obesity, physical inactivity, metabolic syndrome, diabetes and
pre -diabetes, a family history of early heart disease, age, history of preeclampsia.
5. Individuals can take action to protect their heart health and prevent heart disease by taking
steps to prevent and control the risk factors for the disease.
6. The Florida Department of Health in St. Lucie County, Healthy St. Lucie, Healthiest Weight
Florida initiative, and World Heart Day are building awareness of citizens' heart disease risk and
empowering them to reduce their risk and prevent health disease.
7. Healthy St. Lucie is working to support policy and environmental change and to improve
healthy lifestyles and heart health in our county through the 5-2-1-0 message.
8. The Florida Department of Health in St. Lucie County, in partnership with the St. Lucie
County Fire District, St. Lucie County Aquatics, A Breath of Light Fitness, St. Lucie County School
District and the St. Lucie County Sheriffs Department, invites you to participate in Hands-OnlyT"'
CPR training on September 29, 2015. The department is hosting training in celebration of World
Heart Day, an annual event created bythe World Heart Foundation to remind everyone that heart
disease and stroke are the world's leading causes of death.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby recognize September 29, 2015 as "WORLD HEART DAY" in St. Lucie
County, Florida.
2. This Board encourages all St. Lucie County residents to make heart health a priority for
themselves and their families, become aware of their risk for heart disease, and take action to
protect their heart health.
PASSED AND DULY ADOPTED this 15`h day of September 2015.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 13
08/28/15
FZABWARR
FUND TITLE
001
001460
001534
001538
001550
001560
001563
001567
001568
001571
001572
001573
101
101001
101002
101003
101004
102
102001
102114
102813
107
107001
107002
107006
ill
112
113
114
116
117
119
120
122
123
126
127
128
130
130102
130105
130114
130118
130119
130120
130121
130218
136
ST. LUCIE COUNTY - BOARD
WARRANT LIST #48- 22-AUG-2015 TO 28-AUG-2015
FUND SUMMARY
General Fund
FCTD Planning Grant
Metropolitan Planning/Section 5303
BUD Neighborhood Stab 3
HUD Shelter Plus Care
Section 112/MPO/FHWA/Planning
HUD CDBG FY 2013
OHS - CSBG FY 2015
Supp Svcs Veterans Families 2015
Safe Routes to School
HUD Shelter Plus Chronic
HUD Shelter Plus Care Grant
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
F&F Fund -Court Related Technology
River Park I Fund
River Park II Fund
Harmony Heights 3 Fund
Harmony Heights 4 Fund
Sunland Gardens Fund
Sunrise Park Fund
Holiday Pines Fund
The Grove Fund
Indian River Estates Fund
Queens Cove Lighting Dist#13 Fund
Southern Oak Estates Lighting
Pine Hollow Street Lighting MSTU
Kings Hwy Industrial Park Lighting
SLC Public Transit MSTU
FTA 5307--ARRA 2009 Capital Projects
FTA 5307-2 2009 Cap & Oper
FTA 5307 FY 2013
FTA 5317 FY13/14 New Freedom
FTA 5307 FY13
FTA 5311 FY 2015
FTA 5307 FY 2014
FDOT Block Grant FY 2015
Monte Carlo Lighting MSTU#4 Fund
EXPENSES
123,763.23
0.00
0.00
781.20
75.00
178.55
80.05
902.45
1,249.92
0.00
57.49
0.00
768.85
3,700.00
30,043.94
1,400.00
9,150.55
3,015.67
9, 445.00
27,999.00
37,255.92
8, 651.09
0.00
0.00
5,029.57
3,257.18
751.23
232.73
567.79
622.73
142.56
843.72
225.50
1,055.23
390.43
156.59
503.34
625.08
127,534.31
26,172.06
4,762.50
34,343.84
592. 67
6, 180.92
9,237.09
57,881.83
57,881.86
2,305.19
PAGE
PAYROLL
542,804.09
221.67
2, 130.76
1,252.88
63.44
8, 925.46
895.79
3, 963.56
323.06
1,131.60
138.56
138.47
33,426.57
1,341.61
53,396.98
15,511.51
16,885.55
64,437.72
13,379.23
4,345.29
0.00
149,540.49
1,029.23
1,029.23
8,346.18
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,332.87
3,752.87
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Packet Pg. 14
08/28/15 ST. LUCIE COUNTY - BOARD
PAGE 2
FZABWARR WARRANT LIST #48- 22-AUG-2015
TO 28--AUG-2015
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
138
Palm Lake Gardens MSTU Fund
315.92
0.00
139
Palm Grove Fund
970.43
0.00
140
Airport Fund
2,562.60
11,394.24
140001
Port Fund
100.00
0.00
140376
FDOT New Port Ent 2nd street Imp
26,636.00
0.00
150
Impact Fee Collections
973.26
0.00
160
Plan Maintenance RAD Fund
11,053.34
2,804.06
183
Ct Administrator-19th Judicial Cir
1,121.03
4,897.48
183004
Ct Admin.- Teen Court
1,078.79
3,275.73
184110
Artificial Reef Construction
38,000.00
0.00
184217
S SLC Beach Rest 13SL1
14,147.73
0.00
184221
S SLC Beach Restoration & Monit
37,574.00
0.00
185015
FHFC SHIP 2014-2015
0.00
884.56
189109
Home Consortium 2013
338.72
783.82
189110
Home Consortium 2014
0.00
773.68
190
Sports Complex Fund
24,158.42
21,364.51
310001
Impact Fees -Library
710.00
0.00
316001
5th Cent Fuel -Capital
20,706.80
0.00
401
Sanitary Landfill Fund
322,141.80
86,578.26
418
Golf Course Fund
9,585.62
16,327,56
451
S. Hutchinson Utilities Fund
2,903.26
6,438.76
458
SH Util-Renewal & Replacement Fund
0.00
678.96
471
Water & Sewer District Operations
12,514.66
9,154.43
478
Water & Sewer District R&R
0.00
1,292.96
479
Water & Sewer Dist. -Cap Facilities
222,028.30
1,278.69
491
Building Code Fund
76.87
31,345.05
505
Health Insurance Fund
1,088,558.22
0.00
505001
Risk Management Fund
17,401.30
2,648.89
505002
Health Insurance Administration
0.00
2,769.34
611
Tourist Development Trust-Adv Fund
0.00
2,487.60
625
Law Library
13,551.95
0.00
801
Bank Fund
48,061.08
0.00
GRAND TOTAL:
2, 517, 083. 96
1, 137, 923.25
co
z
a
Packet Pg. 15
09/04/15
FZABWARR
FUND TITLE
001
001460
001534
001538
001550
001560
001567
001568
001571
001573
101
101002
101003
101004
102
102001
102813
107
107001
107003
107006
107181
107184
115
118
121
129
130
130101
130102
130118
140
140001
160
183
183001
183004
183006
184110
184217
190
310001
310006
316
318
39012
401
418
ST. LUCIE COUNTY - BOARD
WARRANT LIST #49- 29-AUG-2015 TO 04-SEP-2015
FUND SUMMARY
General Fund
FCTD Planning Grant
Metropolitan Planning/Section 5303
HUD Neighborhood Stab 3
HUD Shelter Plus Care
Section 112/MPO/FHWA/Planning
DHS - CSBG FY 2015
Supp Svcs Veterans Families 2015
Safe Routes to School
HUD Shelter Plus Care Grant
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Unincorporated Services Fund
Drainage Maintenance MSTU
White City Drainage Citrus & Saeger
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Court Related Technology
SCAAP 2013
SCAAP 2014
Sheraton Plaza Fund
Paradise Park Fund
Blakely Subdivision Fund
Parks MSTU Fund
SLC Public Transit MSTU
FTA Operating and Capital Assist
FTA 5307-ARRA 2009 Capital Projects
FTA 5317 FY13/14 New Freedom
Airport Fund
Port Fund
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
Guardian Ad Litem Fund
Artificial Reef Construction
S SLC Beach Rest 13SL1
Sports Complex Fund
Impact Fees -Library
Impact Fees -Transportation
County Capital
County Capital -Transportation Bond
S.Hutch Beach&Dune Restoration SAD
Sanitary Landfill Fund
Golf Course Fund
EXPENSES
126,541.41
0.00
6, 774.02
11.37
34.09
19, 613.19
6,101.31
535.68
0.00
141.16
37,820.52
27,387.72
249.00
10,110.06
321.23
6, 495.83
1,206.00
285, 334.34
94,643.82
30,293.15
6,053.55
39,333.30
45,164.82
613.83
850.28
85.62
7,189.70
8, 100.92
150.00
85,657.50
223.20
700.50
232.33
17,586.50
1,285.11
240.00
1, 621.00
340.00
19,000.00
181,590.32
7,476.08
14,397.02
582,677.29
51,130.00
89,970.75
232,323.10
244,201.07
989.54
PAGE
PAYROLL
0.00
392.58
1,505.32
0.00
0.00
2,356.00
0.00
0.00
981.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1
Packet Pg. 16
09/04/15 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #49- 29-AUG-2015
TO 04-SEP-2015
FUND SUMMARY
FUND
TITLE
EXPENSES
451
S. Hutchinson Utilities Fund
57,273.48
458
SH Util-Renewal & Replacement Fund
18,650.95
471
Water & Sewer District Operations
176,009.26
479
Water & Sewer Dist. -Cap Facilities
315.72
491
Building Code Fund
1,243.1.4
505
Health Insurance Fund
21,762.01
5C5001
Risk Management Fund
1,361.00
611
Tourist Development Trust-Adv Fund
2,129.50
GRAND TOTAL: 2,571,542.29
PAGE 2
PAYROLL
0.00
0.00
0.00
0.00
0.00
796.80
0.00
0.00
6,032.20
Packet Pg. 17
8.B.1
ITEM NO. (ID # 3032)
TO:
PRESENTED BY:
SUBMITTED BY:
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE
09/15/2015
*CONSENT AGENDA\COUNTY
ATTORNEY
Request for Permission to Advertise - Notice of Public Hearing -
Abandonment of a Right -of -Way in Clearview Subdivision
Maureen Cool owns property off Indian River Drive in the Clearview Subdivision. Plat Book 1, Page 204
dated 1896, showed a County Road that runs through Ms. Cool's property dividing it in half. In 1953 a
house was built on the property and a small portion of the house was within this right-of-way. Ms. Cool
has applied for a permit to build an extension on the house. St. Lucie County cannot issue the permit until
we abandon the right-of-way. Ms. Cool needs this unused right-of-way abandoned to build the extension
on her house.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on October 6,
2015 at 6:00 p.m. or as soon thereafter as possible.
COMMISSION ACTION:
Packet Pg. 18
8.B.1
Coordination/Signatures
anie SW,� torney 9/1/2015
Updated: 9/3/2015 3:44 PM by Donna Calise Page 2
Packet Pg. 19
Abandonment of portion of county road - Clearview Subdiv
0 100 200
- Abandonment area Feet
Map prepared June 29, 2015
OR `z
O r
Z 2OA
Indian River Lagoon
a
Packet Pg. 20 1
Abandonment of portion of county road - Clearview Subdiv
0 100 200
Abandonment area Feet
Map prepared June 29, 2015
Aerial flown 2014
j -Vi
Packet Pg. 22
8.B.2
ITEM NO. RES-2015-169
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE: 09/15/2015
*CONSENT AGENDA\COUNTY
ATTORNEY
Resolution - Conservation Easement - Brocksmith Road - Hays Subdivision
Peter and Linda Hays submitted and received approval for a Minor Site Plan, 2-lot residential subdivision
to be known as Hays Subdivision located on the east side of Brocksmith Road. Prior to the recording of
the Final Plat, the Hays' were required to execute a Conservation Easement and approved Preserve Area
Monitoring and Management Plan ("PAMMP") with an attached affidavit.
PREVIOUS ACTION:
July 7, 2015 - The Board of County Commissioners approved Resolution 2015-108 granting a Waiver to
Hays Subdivision, with conditions, from the requirements of Section 7.05.07 of the Land Development
Code requiring paved access to new developments.
July 15, 2015 - Planning and Development Services Director through PDS Order No. 2015-017 granted a
Minor Site Plan approval for a project known as Hays Subdivision.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board accept the Conservation Easement and Preserve Area Monitoring and
Management Plan (PAMMP), authorize the Chair to sign the Resolution and direct staff to record the
documents in the Public Records of St. Lucie County, Florida.
COMMISSION ACTION:
Packet Pg. 23
Coordination/Signatures
anie 5. McIntyre, C my ttorney 9/1/2015
Paula A. Lewis, District No. 3, Chair 9/15/2015
Updated: 9/9/2015 5:09 PM by Donna Calise Page 2
Packet Pg. 24
Packet Pg. 25
8.B.2.b
EXHIBIT "B"
THIS IS NOT A SURVEY
NORTH PROPERTY LINE
'dh
_
S85'51'22"E
WARRANTY DEED
O.R.B. 1922. PG. 2091 CO
PARCEL ID# 2317-113-0000-000-6
(O.R.B. 1922, PG. 2089)
I
_
JJ
UNPLATTED
53�2c),39-
f
`O
036'
S
5�6.28'
514
N89.3810 E �_ _
• 1
'
S64
43.50'
-- h �S / / N88'54'33"E
43.5'
f . 0 B.
/ 42, 82'
n
coo 0 � S86'52'42"E
/ 43.21'
40'
^qy•�h
=ry
/
it 25'
C�
UPLAND BUFFER
CONSERVATION
EASEMENT
L9 l WETLAND = f2.063
ACRES LO oN
0�
I
LOT 1
f I UPLAND BUFFER =
G
±0.668 ACRES � o
z
"d
w
PROPOSED HAY'S
TOTAL TRACT = t2.731 ACRES
SUBDIVISION
g '
` rTi
EDGE OF WETLAND
N,
N I
�• \
✓\
o15.0'
R/W EASEMENT
Wpi
00
z
0-1
(O.R.B. 3540, PG. 2206)
�y
/
N
o (
U
9
N50'33'36"yJ 625)96
'I
p
Z
NW CORNER DF THE
37.71' �Y
5
SE 1/4, SECTION 17,
TOWNSHIP 35 SOUTH,
RANGE 39 EAST
N89'37'59"W
1
NORHT LINE OF THE
SE 1/4, SECTION 17
51.92'
-f
n
r�
rri
N
0 100
Ld
Ln
Scale in feet
3
NORTH --SOUTH 1/4
1 Inch = 100 Feet
m
SECTION LINE
Z
P. 0. C.
hi
LK p
SW CORNER OF THE
Q O _
SE 1/4 OF SECTION 17,
W Z
m t
TOWNSHIP 35 SOUTH,
RANGE 39 EAST
LGEND
P.O.C.
DENOTES POINT OF COMMENCEMENT
P.O.B.
DENOTES POINT OF BEGINNING
R/W
DENOTES RIGHT OF WAY UNE
O.R.B.
DENOTES OFFICIAL RECORDS BOOK
PG
DENOTES PAGE
ID
DENOTES IDENTIFICATION
SKETCH & DESCRIPTION E ENGINEERING DESIGN
CONSERVATION EASEMENT & CONSTRUCTION, INC.
D 1934 TUCKER COURT
PREPARED FOR: FT. PIERCE, FL 34950
C phone:772-462-2455
HA Y'S SUBDIVISION phone: 772-419-8383 fax: 772-462-2454
CERTIFICATE OF AUTHORIZATION #}LB 8098
REVISIONS
R JOB No.: 14-146 DATE: 08/04/2015 FIELD BOOK; CHECKED BY: MTO CADD FILE : 14-146 SK&D1 CE.dwg PAGE 9
SCALE : 1"= 100' DRAWN BY: BCS PAGE: EFB FILE:
h
Packet Pg. 26
8.B.2.b
EXHIBIT IIBI'
THIS IS NOT A SURVEY
DESCRIPTION
A TRACT OF LAND LYING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST
LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4, OF SAID SECTION 17;
THENCE NORTH 00'21'37" WEST, ALONG THE NORTH —SOUTH 1/4 SECTION LINE, A
DISTANCE OF 2653.37 FEET, TO THE NORTHWEST CORNER, OF THE SOUTHEAST 1/4, OF
SAID SECTION 17; THENCE NORTH 00'21'50" WEST, A DISTANCE OF 676.62 FEET;
THENCE NORTH 89'38'10" EAST, A DISTANCE OF 43.50 FEET, TO THE NORTHWEST
CORNER OF THAT PROPERTY DESCRIBED IN THAT WARRANTY DEED RECORDED IN
OFFICIAL RECORDS BOOK 1922, PAGE 2091, OF THE PUBLIC RECORDS, OF ST. LUCIE
COUNTY, FLORIDA; THENCE SOUTH 71'20'39" EAST, A DISTANCE OF 300.36 FEET, TO
THE POINT OF BEGINNING:
THENCE NORTH 52'29'26" EAST, A DISTANCE OF 93.56 FEET;
EAST, A DISTANCE OF 43.21 FEET; THENCE NORTH 88°54'33"
42.82 FEET; THENCE SOUTH 75'51'43" EAST, A DISTANCE OF
SOUTH 64°37'23" EAST, A DISTANCE OF 94.28 FEET; THENCE
DISTANCE OF 77.91 FEET; THENCE SOUTH 02'04'15" EAST, A
THENCE SOUTH 16'25'52" WEST, A DISTANCE OF 87.57 FEET;
WEST, A DISTANCE OF 83.27 FEET; THENCE SOUTH 65'18'31"
64.74 FEET; THENCE NORTH 89'37'59" WEST, A DISTANCE OF
NORTH 62'57'49" WEST, A DISTANCE OF 59.96 FEET; THENCE
DISTANCE OF 37.71 FEET; THENCE NORTH 63`35'41" WEST, A
THENCE NORTH 31'52'20" WEST, A DISTANCE OF 89.87 FEET;
WEST, A DISTANCE OF 112.29 FEET; THENCE NORTH 27'15'07"
78;60 FEET TO THE POINT OF BEGINNING.
TRACT :C:QNTAINS 2.731 ACRES, MORE OR LESS
�� .
• ` 1�
r• ,
LTH,•PROFEMONAL SURVEYOR & MAPPER DATE:
§TRAn0N No. 6844
THENCE SOUTH 86'52'42"
EAST, A DISTANCE OF
76.28 FEET; THENCE
SOUTH 22'46'36" EAST, A
DISTANCE OF 93.43 FEET;
THENCE SOUTH 48'55'50"
WEST, A DISTANCE OF
51.92 FEET; THENCE
NORTH 50'33'36" WEST, A
DISTANCE OF 56.22 FEET;
THENCE NORTH 05'13'42"
EAST, A DISTANCE OF
SKETCH & DESCRIPTION E ENGINEERING DESIGN
CONSERVATION EASEMENT & CONSTRUCTION, INC.
1934 TUCKER COURT
D
PREPARED FOR; FT. PIERCE, FL 34950
C phone:772-462-2455
HA Y'S SUBDIVISION phone: 772-419-8383 fax: 772-462-2454
CERTIFICATE OF AUTHORIZATION 4L8 8098
REVISIONS
g JOB No.: 14-146 DATE: 08/04/2015 FIELD BOOK:
SCALE : N/A DRAWN BY, SCS PACE:
CHECKED BY: MTO CADO FILE : 14-146 SK&D1 CE.dwg
EFB FILE:
PAGE
Packet Pg. 27
8.B.2.c
Retum recorded document to: St. Lucie County
SAINT LUCIE COUNTY DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given
this _11�day of August, 2015, by Peter B. Hays and Linda W. Hays, his wife, Trustees under the
Hays Living Trust ("Grantor") whose mailing address is 1520 South Brocksmith Road, Fort
Pierce, Florida to St. Lucie County, a political subdivision of the State of Florida ("Grantee")
having an address of 2300 Virginia Avenue, Fort Pierce, FL 34982. As used herein, the term
"Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent
owners of the "Conservation Area' (as hereinafter defined) and the term "Grantee" shall include
any successor or assignee of Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of certain lands situated in St. Lucie County, Florida,
and more specifically described in Exhibit "A" attached hereto and incorporated herein by this
reference ("Property'); and
WHEREAS, the Grantor is proposing the development of a 2 Lot Subdivision, to be known
as HAYS SUBDIVISION ("Project') on the Property, which is subject to the regulatory
jurisdiction of the St. Lucie County Board of County Commissioners ("County'); and
WHEREAS, the Property will not be subject to the Declaration of Covenants, Conditions
and Restrictions ("Declaration'); and
WHEREAS, the County approved the Minor Site Plan for the Project pursuant to Planning
and Development Services Order Number 2015-017 ("PDS Order'); and
WHEREAS, the PDS Order requires that Peter B. Hays and Linda W. Hays, his wife,
Trustees under the Hays Living Trust maintain, in perpetuity, that portion of the Property designated
as preserve area ("Conservation Area') as more particularly described in Exhibit `B" attached
hereto and incorporated herein by this reference; and
WHEREAS, the Declaration provides that the maintenance of the Conservation Area is the
perpetual obligation of the Peter B. Hays and Linda W. Hays, his wife, Trustees under the Hays
Living Trust and
WHEREAS, the PDS Order further requires that the Conservation Area be maintained in
accordance with that certain Preserve Area Management and Monitoring Plan ("Management
Plan"), recorded herein; and
WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual
Conservation Easement as defined in Section 704.06, Florida Statutes, over the Conservation
Area.
Page 1
Packet Pg. 28
8.B.2.c
NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the Conservation Area which shall
run with the land and be binding upon the Grantor, and shall remain in full force and effect
forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water
areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland
areas included in this Conservation Easement shall be maintained in the conditions required by
the Management Plan.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Conservation Area at reasonable times with any
necessary equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor and/or the
future residents of the Property at the time of such entry; and
b. To enjoin any activity on or use of the Conservation Area that is
inconsistent with this Conservation Easement and to enforce the restoration of such areas or
features of the Conservation Area that may be damaged by any inconsistent activity or use; and
C. To enter upon the property of the Grantor to connect the Conservation
Area to a bona fide system of trails, greenways or other non -vehicular system.
3. Prohibited Uses. Except for exotic vegetation removal, replanting with
appropriate native vegetation., vine control, removal of trash and debris or other maintenance and
monitoring activities described herein that are permitted or required by the PDS Order or the
Management Plan, the following activities are prohibited in or on the Conservation Area:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
C. Removal or destruction of trees, shrubs, or other vegetation, except for the
removal of exotic or nuisance vegetation in accordance with the Management Plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface;
Page 2
Packet Pg. 29
8.B.2.c
C. Surface use except for purposes that permit the land or water area to
remain in its natural or enhanced condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but not
limited to, ditching, diking and fencing.
4. Grantor's Reserved Riahts. Grantor reserves all rights as owner of the Property,
including the right to engage in uses of the Conservation Area that are not prohibited herein and
which are not inconsistent with any County rule, criteria, permit and the intent and purposes of
this Conservation. Easement.
5. No Dedication. No right of access by the general public to any portion of the
Property or the Conservation Area is conveyed by this Conservation Easement, except as
provided in Paragraph 2(c), above.
6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance of the Conservation Area.
7. Acts Beyond Grantor's Control. Nothing contained in this instrument shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in any
portion of the Property other than Conservation Areas that result from natural causes beyond
Grantor's control, and not initiated by the Grantor, including but not limited to fire, flood, storm
and earth movement. Should any Conservation Area be injured or changed from natural causes,
including but not limited to fire, flood, storm and earth movement, the Grantor shall be provided
notice and a reasonable opportunity to restore the affected Conservation Area to a condition that
satisfies the Management Plan requirements prior to the Grantee bringing any action for
noncompliance with the PDS Order or the Management Plan.
S. Prope Taxes. Grantor shall keep the payment of taxes and assessments on the
Conservation Area current and shall not allow any lien on the Conservation Area superior to this
Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in
addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien
on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the
Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the
maximum rate allowed by law, no later than thirty days after such payment. In the event the
Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien
against the Conservation Area which shall automatically relate back to the recording date of this
Easement. Grantee may foreclose this lien on the Conservation Area in the manner provided for
mortgages on real property.
9. Enforcement by Grantee. Enforcement of the terms, provisions and restrictions
of this Conservation Easement shall be at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach
hereof by Grantor or the Association, shall not be deemed or construed to be a waiver of
Grantee's rights hereunder.
Page 3
Packet Pg. 30
8.B.2.c
10. Enforcement by Association. The Association shall take private enforcement
action against any member of the Association who violates the rules relating to the use and
maintenance of the Conservation Area as set forth in the Management Plan.
11. Maintenance 4bliizations of Association. The Association shall maintain in
perpetuity, the Conservation Area in accordance with the Management Plan. Such maintenance
shall include, but is not limited to, exotic vegetation removal, replanting with appropriate native
vegetation, vine control, and removal of trash and debris. The maintenance schedule should be
so as to keep the Conservation Area ecologically functional and high quality, as well as a
minimum 90% free of exotic vegetation.
12. Assignment. Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this Conservation
Easement except to another organization or entity qualified to hold such interests under the
applicable state laws.
13. Severability. If any provision of this Conservation Easement or the application
thereof to any person or circumstances is found to be invalid, the remainder of the provisions of
this Conservation Easement shall not be affected thereby, as long as the purpose of the
Conservation Easement is preserved.
14. Terms and Restrictions. Grantor shall insert the terms and restrictions of this
Conservation Easement in any subsequent deed or other legal instrument by which Grantor
divests itself of any interest in the Property.
15. Written Notice. All notices, consents, approvals or other communications
hereunder shall be in writing and shall be deemed properly given if sent by United States
certified mail, return receipt requested, addressed to the appropriate party or
successor -in -interest.
16. Modifications. This Conservation Easement may be amended, altered, released
or revoked only by written agreement between the parties hereto or their heirs, assigns or
successors -in -interest, which shall be filed in the public records in St. Lucie County.
17. Extinguishment. If circumstances arise in the future such as render the purpose
of this Easement impossible to accomplish, this Easement can only be terminated or
extinguished, whether in whole or in part, by judicial proceedings in a court of competent
jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the
satisfaction of prior claims, from any sale, exchange or voluntary conversion of all or any portion
of the Property subsequent to such termination or extinguishment, shall be determined, unless
otherwise provided by Florida law at the time, in accordance with paragraph 18. Grantor
believes that any changes in the use of neighboring properties will increase the benefit to the
public of the continuation of this Easement, and Grantor and Grantee intend that any such
changes shall not be deemed to be circumstances justifying the termination or extinguishment of
this Easement. In addition, the inability of Grantor to conduct or implement any or all of the
uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair
the validity of this Easement or be considered grounds for its termination or extinguishment.
Page 4
Packet Pg. 31
8.B.2.c
18. Proceeds. This Easement constitutes a real property interest immediately vested
in Grantee, which, for the purposes of paragraph 17, the parties stipulate to have a fair market
value determined by multiplying the fair market value of the Property unencumbered by the
Easement (minus any increase in value after the date of this grant attributable to improvements)
by the ratio of the value of the Easement at the time of this grant to the value of the Property,
without deduction for the value of the Easement, at the time of this grant. For the purposes of
this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered
by the Easement shall remain constant.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor,
and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property
in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the
terms of this Conservation Easement; and all mortgages and liens have been subordinated to this
Conservation Easement; and that Grantor has good right and lawful authority to convey this
Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation
Easement hereby conveyed against the lawful claims of all persons whomsoever.
Page 5
Packet Pg. 32
8.B.2.c
IN WITNESS WHEREOF, 114-c.2 �' k
authorized hand this day of August, 2015,
STATE OF FLORIDA
COUNTY OF ST LUCIE
and L -4 d & Lv' � v has hereunto set its
Signed, sealed and delivered in our presence as
witnesses:
Peter B. Hays
C7 ?,4,
W. Hays
The foregoing instrument was acknowledged before me this 1 1�\ day of August, 2015, by
has produced
a .s and V14 �!-V who are personally known to me, or who
AA otzz--. as identification.
ti��rt JOANN MARIE RILEY
Commission # EE W774
"K""-d: Expires umber 4, 2016
S' Bonded TW Tray Fain Insurance 600-385.7019
Notary: �t �Z
Print N 3 c A rq r4 rA45,-r
Notary Public, State of Florida
My commission expires:
Page 6
Packet Pg. 33
8.B.2.c
EXHIBIT "A"
DESCRIPTION
COMMENCE ATTHE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION
17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN
NORTH 00021'37" WEST, ALONG THE NORTH -SOUTH 1/4 SECTION LINE, A
DISTANCE OF 2620.00 FEET, TO A POINT 33.42 FEET SOUTH OF NORTHWEST
CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN NORTH
89038'23" EAST, A DISTANCE OF 43.50 FEET, TO THE EAST RIGHT OF WAY LINE
OF BROCKSMITH ROAD AND THE POINT OF BEGINNING;
THENCE RUN NORTH 00"21'37" WEST, ALONG THE SAID EAST RIGHT OF WAY
LINE, A DISTANCE OF 33.02 FEET, TO THE EAST -WEST 1/4 SECTION LINE;
THENCE RUN NORTH 00021'50" WEST, ALONG THE SAID EAST RIGHT OF WAY
LINE, A DISTANCE OF 676.98 FEET; THENCE RUN SOUTH 85°51'22" EAST, A
DISTANCE OF 1296.69 FEET, TO THE 1/4-1/4 SECTION LINE; THENCE RUN SOUTH
00016'26" EAST, ALONG THE SAID 114-1/4 SECTION LINE, A DISTANCE OF 586.87
FEET, TO THE EAST -WEST 1/4 SECTION LINE; THENCE RUN SOUTH 00°16148"
EAST, ALONG THE SAI❑ 1/4-1/4 SECTION LINE, A DISTANCE OF 221.31 FEET;
THENCE RUN SOUTH 89038'23" WEST, A DISTANCE OF 855.85 FEET; THENCE RUN
NORTH 00021'37" WEST, A DISTANCE OF 200.00 FEET; THENCE RUN SOUTH
89"38'23" WEST, A DISTANCE OF 435.60 FEET TO THE EAST RIGHT OF WAY LINE
OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; ALL LYING AND BEING
IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA.
Page 7
Packet Pg. 34
8.B.2.c
EACH I BIT "B"
THIS IS NOT A SURVEY
[DESCRIPTION
A TRACT OF LAND LYING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST.
LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4, OF SAID SECTION 17;
THENCE NORTH 00'21'37" WEST, ALONG THE NORTH --SOUTH 1/4 SECTION LINE, A
DISTANCE OF 2653.37 FEET, TO THE NORTHWEST CORNER, OF THE SOUTHEAST 1/4, OF
SAID SECTION 17; THENCE NORTH 00'21'50" WEST, A DISTANCE OF 676.62 FEET;
THENCE NORTH 89'38'10" EAST, A DISTANCE OF 43.50 FEET, TO THE NORTHWEST
CORNER OF THAT PROPERTY DESCRIBED IN THAT WARRANTY DEED RECORDED IN
OFFICIAL RECORDS BOOK 1922, PAGE 2091, OF THE PUBLIC RECORDS, OF ST. LUCIE
COUNTY, FLORIDA; THENCE SOUTH 71'20'39" EAST, A DISTANCE OF 300.36 FEET, TO
THE POINT OF BEGINNING:
THENCE NORTH 52'29'26" EAST, A DISTANCE OF 93.56 FEET; THENCE SOUTH 86'52'42"
EAST, A DISTANCE OF 43.21 FEET; THENCE NORTH 88°54'33" EAST, A DISTANCE OF
42.82 FEET; THENCE SOUTH 75°51'43" EAST, A DISTANCE OF 76.28 FEET; THENCE
SOUTH 64°37'23" EAST, A DISTANCE OF 94.28 FEET; THENCE SOUTH 2246'36" EAST, A
DISTANCE OF 77.91 FEET; THENCE SOUTH 02"04'15" EAST, A DISTANCE OF 93.43 FEET;
THENCE SOUTH 16'25'52" WEST, A DISTANCE OF 87.57 FEET; THENCE SOUTH 48`55'50"
WEST, A DISTANCE OF 83.27 FEET; THENCE SOUTH 65°18'31" WEST, A DISTANCE OF
64.74 FEET; THENCE NORTH 89'37'59" WEST, A DISTANCE OF 51.92 FEET; THENCE
NORTH 62°57'49" WEST, A DISTANCE OF 59.96 FEET; THENCE NORTH 50'33'36" WEST, A
DISTANCE OF 37.71 FEET; THENCE NORTH 63°35'41" WEST, A DISTANCE OF 56.22 FEET;
THENCE NORTH 31'52'20" WEST, A DISTANCE OF 89.87 FEET; THENCE NORTH 05'13'42"
WEST, A DISTANCE OF 112.29 FEET; THENCE NORTH 27°15'07" EAST, A DISTANCE OF
7860 FEET TO THE POINT OF BEGINNING.
TRACTS :ONTAINS 2.731 ACRES, MORE OR LESS
mz
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BRYAN }. a `5A+rr ,:PROFS. ONAL SURVEYOR & MAPPER DATE:
FLORII�1�' GISON No. 6844
SKETCH & DESCRIPTION
E
ENGINEERING DESIGN
CONSERVATION EASEMENT
& CONSTRUCTION, INC.
C
1934 TUCKER COURT
FT. PIERCE, FL 34950
phone: 772-4
PREPARED FOR:
HA Y'S SUBDIVISION
phone: 772-41 M9-8383383 fax: 772-462-2454
CERTIFICATE OF AUTHORIZATION 4LB 8098
REVISIONS
JOB No.: 14--146 DATE; De/D4/2015 FIELD BOOK: CHECKED BY: MTO CADD FILE: 14-146 SK&D1 CE,dwg PACE $
SCALE : N/A DRAWN BY: BCS PAGE: EFB FILE:
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EXHIBIT "B"
TH►S IS NOT A SURVEY
NORTH PROPERTY LINE ¢
WARRANTY DEED
S85'51'22'E f O.R.B. 1922, PG. 2091 00
N89'38'10 E 36'
43.50'
P. 0. B.
UPLAND
LOT 1
PROPOSED HAYS
SUBDIVISION
— 15.0' R/W EASEMENT
(O.R.B. 3540, PG. 2206)
NW CORNER OF THE
SE 1/4, SECTION 17,
TOWNSHIP 35 SOUTH,
RANGE 39 EAST
NORHT LINE OF THE
- r SE 1/4, SECTION 17
NORTH -SOUTH 1/4
SECTION LINE
P. 0. C.
SW CORNER OF THE
SE 1/4 OF SECTION 17,
TOWNSHIP 35 SOUTH,
RANGE 39 EAST
PARCEL ID# 2317-113-0000-000-6
(O.R.B. 1922, PG. 2089)
UNPLATTED
N88'54'33"E7.
42.82'
S86'52'42"E `
i 43.21'
. — 25'
CONSERVATION EASEMENT
WETLAND = t2.063 ACRES
UPLAND BUFFER = ±0.668 ACRES
TOTAL TRACT = ±2.731 ACRES
` EDGE OF WETLAND
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N 50'33'36"W, "2S j,-a , q-
49
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51.92'
0 100
Scale in feet
1 Inch = 100 Feet
P.O.C.
LEGEND
DENOTES POINT OF COMMENCEMENT
P.O.B.
DENOTES PONT OF BEGINNING
R/W
DENOTES RIGHT OF WAY LINE
O.R.B.
DENOTES OFFICIAL RECORDS BOOK
PG
DENOTES PACE
ID
DENOTES IDENTIFICATION
SKETCH & DESCRIPTION E ENGINEERING DESIGN
CONSERVA TION EASEMENT & CONSTRUCTION, INC.
1934 TUCKER COURT
D
PREPARED FOR: FT. PIERCE., FL 34950
P
P J►� C phone, 772-462-2455
HA Y SUBDIVISION phone: 772-419-8383 fax: 772-462-2454
CERTIFICATE OF AUTHORIZATION #LB 8098
a JOB No.: 14-146 DATE: 08/04/2015 FIELD BOOK: CHECKED BY: MTO CADD FILE : 14-146 SK&D1 CE.dwg PAGE 9
SCALE -1 = 100' DRAWN BY: BFB CS PAGE: EFILE:
Packet Pg. 36
8.B.2.d
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ST. LUCIE
BEFORE ME, the undersigned Notary, t 7 �n scwt r all�d(:) [name of Notary
4 b f re whom affidavit is sworn], on this I [day of month] day of
[month], 2015, [year] personally appeared 444 a I-� �fx��� Vv�1 f
[name of a cant], known to me to be a credible person and of lawful age, who being by me first duly i
sworn, on l [his or her] oath, deposes and says:
Affiant hereby represents and warrants that attached hereto and made a part hereof is a copy of the
Preserve Area Monitoring and Management Plan (PAMMP) for the project known as Hays Subdivision
MNSP 1220144826, located in St. Lucie County, Florida.
[signature of affiant].
s st-/AJPA- S
[typed name of affiant]
1 57A 3t-t aq 5
[address of affiant, line 1]
[address of affiant, line 21
STATE OF FIL A
COUNTY OF�,,�(;' I _�_
Sworn to ar affir ed and subscrib d before a this �_ day of UruS [month],
[year], by _ �( Li W � E T [name of person making statement].
Public - State of Florida]
(y)(arc�0
[Print, Type, or Stamp Commissioned Name of Notary Public]
Personally Known V OR Produced Identification
Type of Identification Produced
2015
e' TIFFANY L.
NotaryP .d .
a my Cow, folimm 2.720ti
�l,or COmiftii8 FF
Page 10
Packet Pg. 37
8.B.2.d
e acKenzie
Engineering & Planning, Inc.
10796 SW Civic Lane • Port Saint Lucie • Florida • 34987
(772) 345-1948 - ww-w.MackenzieF ieneeringInc.com
SAINT LUM COUNTY
ENVIRONMENTAL IMPACT REPORT
I. INTRODUCTION
L I Project Location
The 23.48 + acre project site is located on the east side of Brocksmith Road, one mile
south of County Road 68 (Orange Avenue) in Section 17, Township 36 South, Range
39 East, Saint Lucie County, Florida.
Exhibit I — location map
'7� Nc Packet Pg. 38
8.B.2.d
r acKenzie Hayes Subdivision — Brocksmith Road, Page/ }�
Engineering & Planning, Inc.
1.2 Purpose
This report documents and characterizes the natural resources found on site and
identifies potential impacts that may result from construction of the proposed
subdivision development. This report also provides a description of the approach used
to conduct the natural resources survey and to evaluate the impacts of the proposed
project.
2. METHODOLOGY
MacKenzie Engineering & Planning, Inc. {MEP) conducted site visits and reviewed
readily available documentation to prepare this report in accordance with Policy B of
the St. Lucie County Comprehensive Plan (2010) and Saint Lucie County Land
Development Code 11.02.09.A.5. A description of the methodology used to complete
these tasks is provided below.
2.1 Vegetation
MEP environmental scientists conducted a survey of the site on September 4, 2014
and again on November 25, 2014 to determine existing vegetative communities,
including dominant vegetation, wetland occurrences, protected plant species (
emergent and aquatic), and native upland habitats. In addition., the presence of exotic
and nuisance vegetation, and other site disturbances was noted in order to evaluate
the current values and functions of the native upland and wetland habitat that my
occur within the site, The Florida Department of Transportation's (FDOT) Florida
Land Use, Cover and Forms Classification System (FLUCFCS) (1999) was used to
classify the existing vegetative communities and land use cover within the site. Each
vegetative community occurring within the site was delineated on a 1".60' scale aerial
photograph using photo interpretation and Meld reconnaissance techniques.
2.2 Topography
Site topography and average elevation was identified using a United States Geological.
Survey (USGS) 7.5 minute series topographic map. Additionally, a recent topographic
survey conducted by Geomatic Services Inc. was provided to MEP. The average
elevation of the site is approximately 21 feet. A copy of the USGS 7.5 minute
k
Packet Pg. 39
8.B.2.d
4&cKenzic
Engineering & Planning, Inc,
Hayes Subdivision. T Brocksmith Road, Page'X 1-1
Quadrangle Map is attached as Exhibit 2. A copy of the topographic survey provided
by Geomatic Services Inc, is attached as Exhibit 3.
Packet Pg. 40
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Hayes Subdivision — Brocksmith Road, Page,6r 1 Co
Engineering & Planning, Inc.
2.3 Wetlands Determination
On September 4, 2014, MEP environmental staff delineated one (1) State of Florida
jurisdictional wetland location within the site. Staff -used the statewide methodologies
as described in Chapter E2-340, Florida Administrative Code (FAC), as well as the
I9B7CarpsofEngineersMeld Guidefor WetlandDellneation. This method takes into
account prevalence of wetland vegetation, hydric soil indicators, and wetland
hydrology. Any wetlands identified within the site were flagged in the field.
On January 20, 2015, MEP environmental staff met onsite with Jose Vega.,
Environmental Analyst with South Florida Water Management District (SFWMD).
MEP's wetland boundary flags were adjusted according to Mr. Vega's
recommendations and then recorded on survey by Geomatic Services, Inc. Exhibit 8
provides SFWMD's informal wetland determination letter and map.
2.4 Threatened and Endangered Wildlife Species Surrey
Prior to site reconnaissance, MEP environmental staff reviewed recent aerial
photography and readily available documentation ffom the Florida Fish and Wildlife
Conservation Commission (FWC), U.S. Fish and Wildlife Service (USFWS), St. Lucie
County, and the Florida Natural Areas Inventory (FNAAI) pertaining to federal and
state listed species known to occur on the site or in the general vicinity of the site.
Both the Of3'i'aial Lists of Endangered and ..Potentially Endangered Fauna and Kara
in Florida (published by the Florida Game and Fesh Water Fish) and the FNAAI field
guides to rare azad endangered h ota of Florida were consulted to assess habitat
requirements for each protected species. Finally, random pedestrian transects were
utilized during site reconnaissance to survey the property and determine if listed
species or their habitat is present on the subject site.
2.5 Preliminary Agency Coordination
MEP reviewed site conditions and available documentation relative to the potential
for protected species involvement. MEP coordinated with the FWC, USFWS, and
FNAI in September 2014 to obtain information from their databases regarding known
occurrences of protected species within project vicinity. MEP also coordinated with
the Florida Department of State, Division of Historical Resources (DHR), and Florida
Packet Pg. 43
8.B.2.d
Hayes Subdivision — Brocksmith Road, PageX 1-1
r acKe��zie
Enginecring 6r Planning, lnc.
Master Site File to obtain information about any cultural or historical resources
adjacent to the subject property. It is not expected that the development of this site
would impact any cultural or historical resources due to its past history as an active
pasture. The site has a long history of being cleared, tilled, and grazed. No response
from DHR was received at the time this report was published (11/28/14). Any new
pertinent information will be provided when received,
Exhibit 4 -- Aerial Photography 1995
Exhibit 5 -- Aerial photography 2012
Packet Pg. 44 1
8.B.2.d
P16acKenzie
Engineering &z Planning, inc.
Hayes Subdivision — Brocksmith Road, PageX I b
S. VEGETATION AND SUBSTRATE SURVEY
3.1 Vegetative Communities
There are two vegetative communities present on the project site:
3.1.1 FLUCFCS 211 Improved Pastures - approximately 21.7 acres. Pasture lands
such as this are typically cleared, tilled, and reseeded with specific grass types and
periodically improved with brush control and fertilizer application. During the staff
site visit, the land was populated by grazing cattle. The cattle use the wetland located
in the north-west corner of the site as a source of water. A feed bunker is present in
the center of the property. A majority of the site is cleared and covered with grasses
suitable for cattle grazing. There are approximately ten (10) Slash Pine trees (Pinups
elliottii ), one (1) Laurel Oak tree (Quercus hemisphaerice), and approximately
seventy-five (75) Cabbage Palm trees (Sabal palmetto). All trees identified on the
property meet the protection criteria set by St. Lucie County Land Development Cade
6,00,00. - VEGETATION PROTECTION AND PRESERVATION. All Pine and Oak
trees are at least 12 inches DBH and all Sabal. Palmettos are greater than 10 feet at
clear trunk height. A Vegetation Removal Permit is required for the removal or
relocation of these trees. Cabbage palms are to be mitigated at a (1'1) ratio. This
requires one equivalent palm planted for every one palm, removed. The pine and oak
trees are to be mitigated at a (2.1) ratio. This requires two inches of DBH to be
planted per every 1 inch DBH removed. Many of these trees occur on the perimeter
of the property and can, easily be avoided during development. Minimal tree impacts
are anticipated during this project. No exotic or invasive species were identified.
3.1.2 FLUCFCS Freshwater Marsh - Approximately 1.8 acres. The Marsh is round in
shape, with three vegetative communities that consistently transition with the change
in topography, The lowest inner area of the marsh is submerged in water year round.
This central ponded area is dominated entirely by Pickerelweed OBL?? (Pontederia
cordata). The next middle ring is not ponded, but mostly saturated to the surface and
includes occasional algal mats. This middle area is dominated by panicum FAC
(Panicum strigosum), small headed beakrush FA.CW (Rynchospora microcephala),
Roundpod St. John's Wort FACW (Hypericum cistifolium). No exotic or invasive
Packet Pg. 45 1
8.B.2.d
e cKenzi.e
Enginecring & Planning, .Inc.
Hayes Subdivision W- Brocksmith Road, Page/ I C j
species were identified. MEP staff determined the two inner rings meet the criteria
of a jurisdictional wetland. However, the outer ring of this designated marsh area
does not exhibit the characteristics of a wetland. It should be noted that the site visit
was conducted during the wet season. As the elevation increases in the outer ring,
the presence of St. John's Wort and algal matting diminished. Additionally, the soil
was no longer saturated to the surface and did not contain organic matter similar to
the soils at the lower elevations. This outer ring is identified and mapped by
FLUCFCS as Freshwater Marsh and by the NWI as wetland. It is MEP's opinion that
the outer area does not meet wetland criteria. MEP staff determined it to be an
upland transitional buffer zone. Historical aerials over 25 years illustrate the change
of the marsh size over time correlating to development of surrounding properties. As
adjacent properties are developed and ponds are excavated outside the project site,
the marsh recedes slightly. It is estimated that the pond was approximately 2.4 acres
in size 25 years ago. However MEP staff estimates it to be approximately 1.6 acres
today.
3.2 Soils
The Unites States Department of Agriculture (USDA) Natural Resources
Conservation Services (NRCS) Custom Soil Resource report for St. Lucie County
provided by the USDA Web Soil Survey online database maps the following primary
soil types on the subject site: 25 — Nettles and Oldsmar sands
Map Unit Composition: 40 percent Oldsmar, 40 percent Nettles, 20 percent minor
components. Found mostly on marine terraces, contain sandy and loamy marine
deposits, slope 0 to 2 percent, poorly drained.
26 — Oldsmar Sand Depressional
Map Unit Composition-' Oldsmar and similar soils: g0 percent; Landform: Depressions
on marine terraces; Parent material: Sandy and loamy marine deposits; Very Poorly
Drained; Hydric Soil; exhibited hydrological indicators in the field.
32 — Pineda sand
Map Unit Composition: Pineda and similar soils: 86 percent; Minor components: 16
percent; Landform: Flats on marine terraces, drainage ways on marine terraces,
Packet Pg. 46
8.B.2.d
Hayes Subdivision --� Brocksmith Road, Page
t cI�enzi�
Engineering & Planning, Inc.
28—Riviera fine sand, 0 to 2 percent slopes
Map Unit Composition: Riviera and similar soils: 80 percent; Minor components: 20
percent; Landform: Drainage ways on marine terraces, flat woods on marine terraces;
poorly drained;
48—Wabasao sand, 0 to 2 percent slopes
Map Unit Composition.' Wabasso and similar soils: 89 percent; Minor components: 11
percent; Landform: Flatwoods; Poorly drained;
Packet Pg. 47
8.B.2.d
aciienzie
ElIginecriug & Plunniug, Luc.
Map Unit Legend
Hares Subdivision —Brocksmith Road, Page-�Xzl
Exhibit 8 - USDA / MRCS Soils Map
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32
Pineda sand
2.9
5.7%
38
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22.4
43.2%
48
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3 3%
Totals for Area of Interest
81.9
100.0%
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racKenzie
Engineering & Planning, Inc.
Hayes Subdivision — Brocksmith. Road, Page 23
4. WETLANDS AND OTHER SURFACE WATERS
The presence of wetlands was determined using the State unified methodologies in
accordance with Chapter 62.340, Florida Administrative Code (FAC) and the 1987
Corps of Engineers Feld Guide for Wetland Delineation. These methods take into
account the prevalence of wetland vegetation, hydric soil indicators, and wetland
hydrology. Surface waters include both natural and man-made bodies of water, such
as streams, lakes, ponds, canals, and ditches. Aerial interpretation, field
reconnaissance, and soils information were utilized in order to determine if wetlands
were present on -site.
One State of Florida jurisdictional freshwater marsh, approximately 1.6 acres in size,
was observed on the property. rt appears to be an isolated, naturally occurring
depression. Please see section 3,1.2 for previous discussion on wetland hydrology and
vegetation zones. Over the last 20 years, one small portion of the marsh has been
excavated to provide a watering hold hole? for cattle. The wetland ig jurisdictional.
This freshwater marsh vegetation primarily consisted of Pickerelweed OBL
(Pontederia cordata), fringed panicum FAC (Panicum, strigosum), small headed
beaikrush FACW (Bynchospors microcephala)(FACW), Roundpod St. John's Wort
FACW (Hypericum cist<ifolium) No exotic or invasive species were identified. MEP's
wetland line is identified in Exhibit 8.
Environmental Resource Permitting for these wetlands is not anticipated. No wetland
impacts are required or proposed for this project. The property provides for ample
upland for access, and development of the proposed subdivision. St. Lucie County
Land Development Code does require a buffer zone around this wetland. Section
6.02.03. - Wetlands Protection states `.`A buffer zone of native upland edge (i.e.,
transition al) vegetation shall be provided and maintained around isolated wetlands
covered by du's Section which are constructed orpreserved on new development sites.
The buffer zone may consist of preserved ar planted vegetation but shall include
canopy, anderstorg and gmund cover of native species only. The edge habitat shall
Packet Pg. 50
8.B.2.d
Hayes Subdivision -- Brocksmith road, Page Z'—
r eKe��zie
Enginctring & Planning, Inc.
begin at the upland limit ofany wetland or deepwater habitat. As a minimum, ten
(10) square feet of such buh`er shall be provided for each linear foot of wetland or
deepwater habitat perimeter that lx s adjacent to up -lands This upland edge habitat
shall be located such that no less than .fifty percent (50%) of the total shoreline is
buffered by a minimum width of ten (10) feet of upland habitat. '
Packet Pg. 51
8.B.2.d
EXHIBIT 8 '
�E A
Soum FLORIDA WATER MANAGEMENT DISTRICT
Regulation Division
February 5, 2015
Mr. Peter Hayes
1520 S. Brocksmith Road
Fort Pierce, Florida 34945
Delivered Via Email
Subject: Permit No. 56-000214F, Application No. 1501 "12-'10
Saint Lucia County, S171T35S/R39E
Dear Mr. Hayes:
The District offers the following in response to your request for a determination of
wetland boundaries located within the subject property. A site visit was
conducted by District staff on January 20, 2015. Based on the site visit, and
other site -specific information, this site contains wetlands as defined by Chapter
62-340 Florida Administrative Code (FAC). The approximate project boundaries
are identified on the attached aerial photograph. The area considered wetlands
are out lined and labeled Wetland.
This correspondence is an informal wetland determination pursuant to Chapter
373, Florida Statutes. It does not bind the District, its agents or employees, nor
does It convey any legal rights, expressed or Implied. Persons obtaining this
Informal wetland determination are not entitled to rely upon it for purposes of
compliance with provision of law or District rules, A binding wetland
determination may be obtained by petitioning the South Florida Water
Management District for a wetland declaratory statement pursuant to FAG Rule
62-340 or by applying for an Environmental Resource permit.
The identified wetlands and, potentially other areas of the property not
jurisdictional under State rules, may be wetlands and/or other waters of the
United States under federal rules. Dredging or filling in such areas may require a
Department of Army (DA) permit. Receipt of a state or local government permit
does not obviate the need to obtain a DA permit prior to commencing work. For
more information about the DA Regulatory Program, you may access the Corps'
website at: www.saj.usace.army.mil/permitrndex.html, You may also contact the
local Corps regulatory office for additional information, at one of the following
numbers: 661-472-3517, 561-472-3506, or 561-472-3514.
-P.11
Packet Pg. 52
8.B.2.d
EXHIBIT 8
Mr. Peter Hayes
February 5, 2015
Subject: Application No. 150112-10
Page 2
If you have any further questions, please contact me at (863) 462-5260 x3636.
Sincerely,
rl>.-tom`
Jose M ega
Enviro mental Analyst
Martin/St. Lucie Regulatory Office
South Florida Water Management District
863-462-5260 ext 3636
800-260-4200 ext 3636
3800 NW 1 ft' Blvd. Suite A
Okeechobee, FL 34972
BCljv- Attachments (Location Map, Soils Map, Wetland Diagram)
c: Saint Lucie County, Environmental Resources Department- Amy Griffin
U.S. Amory Corps of Engineers, Palm Beach Gardens
Nicole MacKenzie — MacKenzie Engineering & Planning
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Engineering &x Planning, Inc.
5. JURISDICTIONAL CONTROL
No Environmental Resource Permitting is required at this time by State or Federal
agencies for this project.
6. BUIDLING ELEVATION
The site is located outside of the 100-yeax flood plain.
7. IMPACT ASSESSMENT
7.17.1 Vegetation
A majority of the site consists of cleared pasture land, Development of this project
will avoid wetland impacts. It will almost entirely avoid impacts to protected trees.
Any trees impacts that cannot be avoided willrequire a Vegetation Removal Permit
from St. Lucie County.
7.2 Wildlife
MEP observed no state or federally protected species within the project boundaries.
Cattle (Bosprimig'enYus) were observed grazing the property. The majority of the site
is cleared pasture and is not generally suitable habitat for wildlife. The FNAI
identifies the wood stork as a likely inhabitant, However, the vegetation present on
site is not suitable to wood stork nesting. The marsh very likely may provide reeding
,ground for wood storks and other wading birds.
7.3 Preservation ,Area
No wetland impacts are anticipated. The site plan includes a preserve area including
the wetland marsh and an upland buffer area surrounding the wetland. Specific
upland impacts will be addressed at the time of development of each individual lot,
No upland impacts are proposed at this time.
7.4 O£fsite Impacts
No offsite impacts are proposed.
Packet Pg. 55
8.B.2.d
Hayes Subdivision — Brocksmith Road, Page�f'2.�
r. ac�enzie
Engineering & Planning, Ine.
8. ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN
No listed species were observed during site reconnaissance. No gopher tortoises or
their burrows were found on. site. Additionally no eagle nests were observed on or
around the site. According to the FWC Eagle Nest Locator, the nearest documented
nest is approximately 4.5 miles from the project site.
Based on the habitat found on site, no significant impacts are likely to occur to state
and federally protected species.
MEP staff reviewed the Florida Endangered and Threatened Species List, the Florida
Natural Areas Inventory, and the US Fish and Wildlife Endangered and Threatened
Species List. Exhibit 9 summarizes the listed species that may occur on the project
site based on the review of available data. Exhibit 10 provides a map of documented
eagle nests in St. Lucie County.
Packet Pg. 56
8.B.2.d
Hayes Subdivision -- Brocksmith Road, Page .30
rcl+*e�zie
Engineering & Miming, Me.
Exhibit 9 — Speer Potentially Found on the Project Site
Scientific and Common Name
Global Rank
State Flank
Federal Status
State Listin
yden'tr amw,-
82
FE
Wood Stork
Athene eunicularsa ffor dana
G4T3
83
N
SSC
Florida Btum Owl
iA' t 1MICARr tuberncu al,
Cr3
S$
N
LT
1paednwnL Joint " ass
an adina grandNora
G3
83
N
LT
barge -flowered Rosompa
Drymarchon couingri
G3
83
LT
Fr
Eastern I-adiwo Snake
G'ursherusnnlvnhornus
G3
53
C
5T
Gopher Tortoise
Lwhea earn ua
G3
83
N
LT
Nodding Pinweed
Linum certeri ynr,-BmaAU
G2T2
92
N
LE
Small's Flax
Mustela trauma pe..zah since
Ma
S3
N
N
Florida Long-tailed Weasel
Nomfist7liffhEidana
G2
92
N
1.E
Colastial. Lily
Polizda smaW
G1
51
LIK
LE
napolygala
&a1'anerus_syoadi
Florida Scrub Lazard
G3
83
N
N
,&iurerx nicer shermratri
G6'!'S
S3
N
S8C
8herman's kox S uixrel
Federal Legal Status
LE Endangered: species In danger of extinction throughout all or a significant portion of its range.
IT Threatened: species likely to become Endangered within the foreseeable future throughout all or a significant
portion of Its range.
E(5/A) Endangered due to similarity of appearance to a species which is federally listed such that enforcement personnel
have difficulty in attempting to differentiate between the listed and unlisted species.
T(5/A) Threatened due to similarity of appearance (see above).
Pi Proposed for listing as Endangered species.
PT Proposed for listing as Threatened species.
C Candidate species for which federal listing agencies have sufficient information on blulogicaI vulnerability and
threats to support proposing to list the species as Endangered or Threatened.
XN Non -essential experimental population.
MC Not currently listed, but of management concern to USFWS.
N Not currently listed, nor currently being considered for listing as Endangered or Threatened.
State Legal Status
Animals: Definitions derived from "Florida's Endangered Species and Species of Special Concern, Official Lists" published by Florida Fish and Wildlife Conser
Commission, i August 1997, and subsequent updates.
LE Endangered: species, subspecies, or isolated population so few or depleted in number or so restricted in range that It is in Imminent danger of extinct
LT Threatened: species, subspecies, nr isolated population facing a very high risk of extinction In the future.
LS species of Special concern Is a species, subspecies, or Isolated population which is facing a moderate risk of extinction in the future.
PE Proposed for listing as Endangered.
PT Proposed for fisting as Threatened.
PS Proposed for listing as Species of Special Concern.
N Not currently listed, nor currently being considered for listing.
Packet Pg. 57
8.B.2.d
Reyes Subdivision -- Brocksm,ith Bead, Page � 3
cKenzie
Engine ring & Planning, Inc.
Ebi}%it In — St. Lucie County Eagle Nest Locator
Packet Pg. 58
8.B.2.d
Hayes Subdivision — Brocksmith road, Page
�&CKCII�I�
Engineering & Planniag, Inc.
9, PRESERVE AREA MONITORING AND MAINTENANCE PLAN
9.1 Preservation Area
The site plan includes a preserve area including the wetland marsh and an upland
buffer area surrounding the wetland. The wetland area is in pristine condition and
requires no planting or maintenance. The proposed typical planting plan for upland
buffer restoration is provided in Exhibit 11. According to the Florida Exotic Pest Plant
Council, the preserve area shall be covered at zero percent Category I exotic
vegetation and limited to 6% or less percent nuisance vegetation. Desirable native
plants shall cover at least 80% of the surface areas of the planted areas of the
preserves by the end of the second year of monitoring after plant installation.
9.2 Vegetation Removal within the Preserve
No removal of vegetation is required or proposed for this project.
9.8 Protection and Maintenance of On -Site Preserves
In order to protect the preserve area from potential damage during the land alteration
process, the contractor will ensure that the preserve area is protected with physical
barriers during all clearing and construction activities in accordance with the
guidelines:
+ Barricades will be inspected by County ERD staff prior to work approval. Removal
of the barricade materials will be done upon completion of the construction
activities.
0 Barricades and silt fences will be appropriately trenched in the ground and will be
at a height of at least three feet.
• Barricades will not be attached to vegetation.
* Barricades and turbidity screens will be upright and maintained intact for the
duration of construction, and will comply with all provisions listed in Section
6.00.05.0 of Saint Lucie County Land Development Code.
• A conspicuous, suitable protective barrier constructed of orange safety fencing or
other durable material, shall be placed and maintained around the perimeter of
the protected areas to form a continuous unbroken boundary. This fencing should
Packet Pg. 59
8.B.2.d
e cKenzie
Engineering & Planning, Inc.
Hayes Subdivision — Brocksmith Road, Page K-Sz
be placed either 1) at a minimum of ten feet from the edge of the protected
vegetation or 2) at ten feet outside of the drip line of all protected trees, whichever
is greater.
No vegetation from the preserve area is anticipated and so no Vegetation Removal
Permit will be required for planting of the upland buffer within the preserve.
No soil shall be removed from within the preserve area. Nor shall any fill material or
foreign materials such as concrete, paint, or chemicals be stored, deposited, or
disposed of within the preserve area. No signs, permits, wires, or other attachments
other than those of protective and don -damaging nature, shall be affixed to protected
vegetation. Any landscaping installed within the preserve area after removal of
protective barriers or designations shall be accomplished using hand labor, unless use
of light machinery is necessary and approved by the Environmental Resources
Department (ERD) Director, or designee. No equipment or vehicles shall be drivels,
parked, or stored within the preserve area.
Vegetation destroyed or damaged as part of the development of the site shall be
replaced by vegetation of equal environmental value as specified by the ERD Director,
or designee.
Packet Pg. 60
8.B.2.d
acKeuzic
Hayes Subdivision — Brocksmith Road, Page ?9 L1
Engineering & planning, file.
0.4 Preserve Signage
The preserve area will be posted with permanent signs and boundary markers. Signs
shall be instaIled and read as follows: This area is a protected, preserve area for native
vegetation and wildlife. No alterations to the area are allowed without prior
permission from Saint Lucie County. Signs will be at least 11 x 14 inches in size and
will be posted in conspicuous locations along the preserve area boundaries at a
frequency of no less than one sign per 500 feet. The preservation area limits shall be
properly marked and highly visible to equipment operators. All preserve areas shall
be maintained in their natural state. No grade changes or excavation, of any sort may
he made within the upland preserve areas that .require trenching or cutting of roots
except in compliance with the terms of an approved Vegetation Removal Permit.
The preservation area as shown on the approved site plan shall be kept free of
nuisance and exotic vegetation. All Category l and II nuisance and exotic vegetation
as listed by the Florida Exotic Pest Plant Council will be treated within such areas.
All treatment will be through the application of the appropriate herbicide approved
for use within aquatic environments. The criterion for acceptance of eradication for
Category I and II exotic vegetation will be 100 percent treatmentJkill and 85 percent
treatment /kill for nuisance species. If initial efforts do not achieve this criterion,
follow up treatments will be conducted. However, there are no exotic or nuisance
species currently present and removal is not planned or anticipated.
Two monitoring transects, each with four photo stations in each preserve area will be
established through the preserve area. The vegetation will be measured in percent
coverage of the canopy /urxderstory layer and grouandcover. The total percentage cover
will not exceed 100 percent, and each will be measured by visual observation in each
of four quadrants from the fixed monitoring points. Observations will extend
approximately 26 feet from the observer in each direction. The data from each
monitoring point will be included in the monitoring reports. Each photo station will
be marked with wood stakes during data collection in order to ensure consistency.
Packet Pg. 61
8.B.2.d
clCenzie Hayes Subdivision W Brocksmith Road, Page " 3
Engineering & Planning, Inc.
Photos will be collected from each of the preserve areas to provide documentation of
vegetative coverage. Observed wildlife use or indicators of wildlife will be noted.
Monitoring will be conducted on an annual basis with data collection at or near the
end of the wet season. Reports will be provided to the Saint Lucie Environmental
Resources Department on an annual basis during the first five years. Each
monitoring report will include recommendations for maintenance if necessary. The
threshold for maintenance requirements will be any area that has five percent or more
total vegetative coverage by nuisance or exotic vegetation at any time during the
monitoring period. Additionally, any loss of planted native vegetation will be replaced
according to the provided planting plan.
10. SUMMARY
+ The proposed 23.48 f acre project site is located on the east side of Brocksmith
Road, one mile south of County Road 68 (Orange Avenue) in Section 17,
Township 35 South, Range 39 East, Saint Lucie County, Florida.
+ The project site is composed of 20.748 acres of Improved Pastures and 2.732
acres of F'xeshwater Marsh
+ The extent of upland impacts is unknown at this time. Specific upland impacts
will be addressed at the time each subdivided lot is developed.
+ There are no wetland impacts proposed.
+ The project site contains approximately 85 protected trees. A majority of the
trees can be avoided during development. Impacts to any trees will be
addressed through a Vegetation Removal Permit and mitigated accordingly.
+ Threatened and/or endangered species or their habitats are not anticipated to
be on the subject site and none were observed during site visits.
• The onsite wetland will be preserved along with a surrounding upland buffer.
The wetland is in pristine condition and requires no exoticlnuisance vegetation
removal. The upland buffer will be planted with native species (slash pine,
button bush, sand cord grass) according to the planting plan.
+ Preserve will be maintained and monitored through annual reports provided
to Saint Lucie County for 5 years.
Packet Pg. 62
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Packet Pg. 63 1
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4092188 07/16/2015 at 04:08 PM
OR BOOK 3768 PAGE 1997 - 2002 Doc Type: ORD
RECORDING: $52.50
8.B.2.e
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PDS Order No. 2015-017
SPMN 1220144826
AN ORDER GRANTING A MINOR SITE PLAN APPROVAL FOR
A PROJECT KNOWN AS HAYS SUBDIVISION
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
application for site plan approval and reviewed the comments of the St. Lucie County
Development Review Committee on this application, and made the following determinations:
1. Peter and Linda Hays submitted an application for Minor Site Plan approval for a 2 lot
residential subdivision to be known as Hays Subdivision, located on the east side of
Brocksmith Road, approximately .8 miles south of Orange Avenue in the AG-5 (Agricultural —
1du/5acres) Zoning District as more particularly described in Part B below and depicted on
Exhibit A.
2. On July 7, 2015, the Board of County Commissioners granted a waiver, with conditions, from
the paving provisions for access to new development set forth in Land Development Code
Section 7.05.07.
3. The Development Review Committee has reviewed the site plan for the proposed project and
found, with the proposed conditions, it meets the technical requirements of the St. Lucie
County Land Development Code and has satisfied the standards of review set forth in Section
11.02.07, Standards for Site Plan Review, of the Land Development Code.
4. The project will not have an undue adverse impact on adjacent property, the character of the
neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public
health, safety, and general welfare.
5. All reasonable steps have been taken to minimize any adverse effect of the proposed project
on the immediate vicinity through site design.
6. The project is designed, constructed and operated so as not to interfere with the development
and use of neighboring property, in accordance with applicable district regulations.
7. Planning Staff has performed a detailed analysis of the project and determined it to be
consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The
analysis is found in the Development Review Committee Final Report for the Hays Subdivision
Minor Site Plan, dated July 9, 2015.
July 15, 2015
PDS Order 2015 —017
SPMN 1220144826
Page 1
Packet Pg. 64
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8. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached
to this order, as required under Chapter V, St. Lucie County Land Development Code.
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed
Minor Site Plan project known as Hays Subdivision, is hereby approved as shown on the site
plan drawings for the project prepared by Boggs Planning & Landscape Architecture, dated July
21, 2014, revised through May 14, 2015, and date stamped received by the St. Lucie County
Planning and Development Services Director on June 16, 2015, subject to the following
conditions:
1. The Final Plat dedications shall state that current and or future lot owners and their
heirs and assigns within the Hays Subdivision agree to participate in any lawfully
established MSBU or other special assessment district created for the purpose of
providing for the paving and drainage improvements to Brocksmith Road.
2. Prior to issuance any construction authorizations Final Plat approval shall be granted by
the Board of County Commissioners.
3. Prior to the recording of the Final Plat, the applicant shall provide the required
executed Conservation Easement, approved Preserve Area Monitoring and
Management Plan (PAMMP) with an attached affidavit and cashier's check (payable to
the Clerk of the Court for recording fees) to the County Attorney for review and
approval [Comprehensive Plan 9.1.4.4]. The applicant shall also provide a GIS shapefile
or CAD file of the conservation easement boundaries to St. Lucie County. A copy of a
standard Conservation Easement can be found on the St. Lucie County Environmental
Resources Department website at:
http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf.
4. The issuance of County development permit does not in any way create any rights on
the part of the applicant to obtain a permit from a state or federal agency and does not
create any liability on the part of the County if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or undertakes
actions that result in a violation of state or federal law.
5. All other applicable state or federal permits including but not limited to Florida
Department of Environmental Protection permits must be obtained before
commencement of the development.
July 15, 2015
PDS Order 2015 —017
SPMN 1220144826
Page 2
t
Packet Pg. 65
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B. The property on which this Minor Site Plan approval is being granted is described as follows:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 35
SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN NORTH 00°21'37" WEST, ALONG THE
NORTH -SOUTH 1/4 SECTION LINE, A DISTANCE OF 2620.00 FEET, TO A POINT 33.42 FEETSOUTH OF
NORTHWESTCORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN NORTH 89°38'23"
EAST, A DISTANCE OF 43.50 FEET, TO THE EAST RIGHT OF WAY LINE OF BROCKSMITH ROAD AND THE
POINT OF BEGINNING;
THENCE RUN NORTH 00°21'37" WEST, ALONG THE SAID EAST RIGHT OF WAY LINE, A DISTANCE OF
33.02 FEET, TO THE EAST -WEST 1/4 SECTION LINE; THENCE RUN NORTH 00°21'50" WEST, ALONG
THE SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 676.98 FEET; THENCE RUN SOUTH 85°51'22"
EAST, A DISTANCE OF 1296.69 FEET, TO THE 1/4-1/4 SECTION LINE; THENCE RUN SOUTH 00°16'26"
EAST, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 586.87 FEET, TO THE EAST -WEST 1/4
SECTION LINE; THENCE RUN SOUTH 00°16'48" EAST, ALONG THE SAID 1/4-1/4 SECTION LINE, A
DISTANCE OF 221.31 FEET; THENCE RUN SOUTH 89°38'23" WEST, A DISTANCE OF 855.85 FEET;
THENCE RUN NORTH 00°21'37" WEST, A DISTANCE OF 200.00 FEET; THENCE RUN SOUTH 89°38'23"
WEST, A DISTANCE OF 435.60 FEET TO THE EAST RIGHT OF WAY LINE OF BROCKSMITH ROAD AND
THE POINT OF BEGINNING; ALL LYING AND BEING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39
EAST, ST. LUCIE COUNTY, FLORIDA.
Parcel ID: 2317-133-0000-0008
Location: Brocksmith Road, approximately .8 miles south of Orange Avenue.
C. The approvals granted by this administrative order shall expire on July 15, 2017, unless a
building permit is issued or an extension is granted in accordance with the provisions of
Section 11.02.06 of the St. Lucie County Land Development Code.
D. The developer is advised as part of this site plan approval that the developer or any successor
in interest shall obtain all applicable development permits and construction authorizations
from the appropriate State and Federal and local regulatory agencies including, but not limited
to, the United States Army Corps of Engineers, the Florida Department of Environmental
Protection, and South Florida Water Management District, and the St. Lucie County
Environmental Resources and Building Departments prior to the commencement of any
development activities on the property described in Part B. Issuance of this approval by the
County does not in any way create any rights on the part of the developer to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of this permit if the developer fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertake actions that may result in a
violation of state or federal law.
July 15, 2015
PDS Order 2015 —017
SPMN 1220144826
Page 3
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E. This Order shall become effective upon the date of approval indicated below. Should the
property owner, developer or authorized agent wish to appeal any condition described in Part
A above, all such appeals must be filed in writing with the County Administrator within 30 days
of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land
Development Code. Should an appeal to this Order be filed, no permitting reviews or further
administrative action shall take place on the processing of this development project until the
appeal is resolved.
F. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan
shall be placed on file with the St. Lucie County Planning and Development Services Director
and mailed to the applicant and agent of record as identified on the site plan applications.
G. The conditions set forth in Part A are an integral nonseverable part of the site plan approval
granted by this Order. If any condition set forth in Part A is determined to be invalid or
unenforceable for any reason and the developer declines to comply voluntarily with that
condition, the site plan approval granted by this order shall become null and void.
H. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this
order. If this order expires or otherwise terminates, the Certificate of Capacity shall
automatically terminate.
I. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 15th Day of July, 2015.
July 15, 2015
PDS Order 2015 —017
PLANNING AND DEVELOPMENT
SERVICES INTERIM DIRECTOR
ST. LUCIE COUNTY, FkORIDA
BY
LeWe- Olson, A
APPROVED AS TO FORM
AND CORRECTNESS:
BY &==
hs4- County Attorney
SPMN 1220144826
Page 4
Packet Pg. 67
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AG-5
r 1
Legend
M Subject property
July 15, 2015
PDS Order 2015 —017
EXHIBIT A
MNSP-1220144826
Hays Subdivision
Zoning
5 AG-2.5
AG-5 - Agricultural (1 du,15 ac) N
AG-2.5 - Agricultural (11 du/2.5 ac)
SPMN 1220144826
Page 5
I Packet Pg. 68
8.B.2.e
St Lucie County
Certificate of Capacity
Date. 7/8/2015
Certificate No. 2961
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development Minor Site Plan
Number of units 0 Number of square feet
2. Property legal description & Tax ID no.
2317-133-0000-0008
Brocksmith Road, .8 miles south of Orange Ave
Hays Subdivision
I Approval: Buildinq
Resolution No. PDS 2015-0 Letter
4. Subject to the following conditions for concurrency:
Plat approval and dedication of conservation easement
Owner's name
Peter and Linda Hays
Address
1520 S. Brocksmith Road
Fort Pierce FL 34945
6. Certificate Expiration Date 7/15/2017
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed g ��' Date: 7/8/2015
Planning an Development Services Director
St Lucie County, Florida
Wednesday, July 08, 2015
Page 1 of 2
Packet Pg. 69
ITEM NO. RES-2015-170
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
DATE: 09/15/2015
*CONSENT AGENDA\COUNTY
ATTORNEY
Resolution - Facilities Use Agreement Between St. Lucie County and The
Department of Financial Services, Division of Workers' Compensation
The County owns a facility located at 3071 Oleander Avenue, Fort Pierce, Florida. The Department of
Financial Services, Division of Workers' Compensation currently uses the facility as depicted in Exhibit "A"
(approximately 150 square feet with its own private entrance/exit) to operate a satellite office for an
investigator. The current agreement expires September 7, 2015. The County is willing to extend this
agreement, retroactive to September 8, 2015, with DFS to permit it to continue to operate a satellite
office.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board approval of the Facility Use Agreement, retroactive to September 8, 2015, the
resolution, and authorization for the Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 70
Coordination/Signatures
anie SW,� torney 9/1/2015
Paula A. Lewis, District )No. 4Chair491%1512JE5
Updated: 9/10/2015 11:17 AM by Donna Calise Page 2
Packet Pg. 71
8.B.3.a
FACILITIES USE AGREEMENT
THIS AGREEMENT made and entered into on this day of 2D15, by and between ST.
LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and DEPARTMENT
OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION, a State of Florida government entity,
hereinafter referred to as "DES."
WITNESSETH:
WHEREAS, the County owns a facility located at 3071 Oleander Avenue, Fort Pierce, Florida, hereinafter
referred to as the "Facility"; and,
WHEREAS, DES currently uses the Facility as depicted in Exhibit "A" (approximately 150 square feet with its
own private entrance/exit) to operate a satellite office; and
WHEREAS, the County is willing to extend this agreement, retroactive to September 8, 2015, with DFS to
permit it to continue to operate a satellite office for an investigator.
WHEREAS, the current agreement expires September 7, 2015.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties
agree as follows:
1. SITE
The parties acknowledge and agree that the Facility is located at 3071 Oleander Avenue, Fort Pierce, Florida.
The space that DFS will use for the satellite office is depicted in Exhibit "A."
2. USE OF FACILITY
DES shall use the Facility to operate a satellite office in accordance with local, state and federal laws and
regulations. DFS's use of the Facility shall not be exclusive and such use of the property shall not preclude all
County staff access to the Property. DFS's operating hours shall be Monday through Friday, 8:00 am to 4:30 pm.
In no case shall the County incur any additional costs, including personnel overtime or contracts for services as a
result of this Agreement or DFS's operation of the satellite office. DFS shall manage, maintain, control and
supervise clients, guests, invitees and others so as not to disturb other Facilities or Administration operations and/or
not encroach in areas not designated in this Agreement. A sign is allowed if DFS provides it and with County
approval on placement. There is no cost associated with this space.
TERM/TERMINATION
The term of this Agreement shall begin on September 8, 2015 and terminate on September 7, 2018. Upon
mutual written agreement, the parties may extend the Contract for two (2) additional one-year terms, pursuant to
the same terms and conditions. Either party may terminate this Agreement without cause upon thirty (30) days
prior written notice to the other party.
4. PROJECT MANAGER
The Project Manager for the County is Roger A. Shinn at (772) 462-1432. The Project Manager for DFS is
Swendy Ariyanayagam at (561) 837-5730.
S:\ATTY\AGREEMNT\FAC-USE\WORKERSCOMPENSATION - 15
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8.B.3.a
PERSONNEL
DFS represents that it has, or will secure at its own expenses, all necessary employees and volunteers
required to perform the services under this Agreement.
6. INDEMNIFICATION AGAINST CLAIMS
Up to the monetary limits of Section 768.28 DFS Florida Statutes, DFS will, as permitted by law indemnify
and hold harmless the County from and against any and all liability, claims, demands, damages, expenses, fees, fines,
penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and
nature arising or growing out of or in any way connected with the use, occupation, management, or control of the
Facility by DFS or their agents, servants, employees, customers, clients, patrons, or invitees, arising out of or in any
way connected with the operation or conduct of any business or businesses of DFS or their agents, servants,
employees, customers, clients, patrons, or invitees, whether in the Facility or on the premises, or resulting from
injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term
of this Agreement, in or about the Facility or the premises (except for injuries, damages or claims which are the
result of the primary negligence of the County and for which the County is legally, directly, and primarily liable).
DFS further agrees to undertake at their own expense the defense of any action brought against the County claiming
damages arising out of, in connection with, or by reason of DFS's use of the Facility.
NO LIEN CREATED
DFS covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind
or character upon the right, title and interest of the County in and to the Facility under this Agreement, and that no
third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its
agents or servants, or on account of any act or omission of any other party. All persons contracting with DFS or
furnishing materials or labor to DFS, or to its agents or servants, as well as all persons whomsoever, shall be bound
by the provisions of the Agreement.
ADDITIONAL COVENANTS OF NETWORK
DFS shall use and occupy the Facility solely for the purpose specified in Paragraph 2 of this Agreement.
NON-DISCRIMINATION
DFS for themselves, successors in interest, and assigns, as a part of the consideration hereof, do hereby
covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from
participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities.
10. CONFLICT OF INTEREST
DFS hereby represents and warrants that neither it nor any of its directors, officers, members, partners or
employees have any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict
in any manner or degree with the performance or rendering of the services herein provided. DFS further represent
and warrant that in the performance of this Agreement, no person having such interest or possible interest shall be
employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose
salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement
which affects his/her personal financial interest or the financial interest of any corporations, partnership or
S:\ATTY\AGREEMNT\FAC-USE\WORKERSCOMPENSATION- 15
Packet Pg. 73
8.B.3.a
association in which he/she is, directly or indirectly, interested nor shall any such person have any financial interest,
direct or indirect, in this agreement or in the proceeds thereof.
11. ASSIGNMENT
No party may assign their rights or obligations under this Agreement without the written consent of the
other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the
County's prior written consent shall be deemed a default under this Agreement.
12. ENTIRE AGREEMENT
This Agreement and the attachments hereto represents the entire understanding and agreement between
the parties with respect to the subject matter hereof, and supersedes all other negotiation, understandings, and
representations (if any) made by and between such parties.
13. AMENDMENTS
The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only
in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification
is sought and making specific reference to this Agreement.
14. FURTHER ASSURANCES
The parties hereby agree from time to time to execute and deliver such further and other transfers,
assignment and documents and do all matters and things which may be convenient or necessary to more effectively
and completely carry out the terms of this Agreement.
15, BINDING EFFECT
All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure
to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and
permitted assigns.
16. NOTICES
All notices, requests, consents and other communications required or permitted under this Agreement shall
be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such
notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by
registered or certified mail (postage prepaid), return receipt requested, addressed to:
AS TO ST. LUCIE COUNTY
St. Lucie County Administrator
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
AS TO DFS:
Tanner Holloman
Division Director
Bureau of Compliance
Division of Workers' Compensation
200 East Gaines Street
S:\ATTY\AGREEMNT\FAC-USE\WORKERSCOMPENSATION - 15
WITH A COPY TO:
St, Lucie County Attorney
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
Packet Pg. 74
8.B.3.a
Tallahassee, FL 32399-4220
or to such other address as any party may designate by notice complying with the terms of this Section. Each such
notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommunicated
if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) on the date upon
which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not
deliverable, as the case may be, if mailed. Whenever any party hereto is required to give its approval or disapproval
to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of
written requests for approval or approval shall be deemed to be granted.
17. HEADINGS
The headings contained in this Agreement are for convenience of reference only and shall not limit or
otherwise affect in any way the meaning or interpretation of this Agreement.
18. PRONOUNS
In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular
shall include the plural, wherever it appears appropriate from the context.
19. SURVIVAL
All covenants, agreements, representations and warranties made herein or otherwise made in writing by
any party pursuant hereto shall survive the execution and delivery of this Agreement and the consummation of the
transactions contemplated hereby.
20. WAIVERS
The failure or delay of any party prior to a period which would constitute laches at any time to require
performance by another party of any provision of this Agreement, even if known, shall not affect the right of such
party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver
by any party of any breach of any provision of this agreement should not be construed as a waiver of any continuing
or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy
under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to any
other or further notice or demand in similar or other circumstances.
21. GOVERNING LAW; VENUE
This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed
and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of
laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be
in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern
District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable
in federal court.
S.\ATTY\AGREEMNT\FAC-USE\WORKERSCOMPENSATION - 15
Packet Pg. 75
8.B.3.a
IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 2015.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY: BY:
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
WITNESSES: DEPARTMENT OF FINANCIAL SERVICES,
DIVISION OF WORKERS COMPENSATION
BY:
Print Name and Title
5:\ATTY\AGREEMNT\FAC-USE\WORKERSCOMPENSATION - 15
Packet Pg. 76
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EXHIBIT
Packet Pg. 77
8.B.3.a
I
Packet Pg. 78
8.B.3.b
RESOLUTION 15-XXX
A RESOLUTION ALLOWING THE DEPARTMENT OF FINANCIAL SERVICES,
DIVISION OF WORKERS' COMPENSATION, THE USE OF AN OFFICE LOCATED AT
3071 OLEANDER AVENUE, FORT PIERCE, FLORIDA, AS FURTHER DESCRIBED IN
EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Department of Financial Services, Division of Workers' Compensation ( "DFS"), has requested the use of
space at 3071 Oleander Avenue, Fort Pierce, FL, as further described in Exhibit "A" attached, (the "Site") for a satellite office; and
WHEREAS, Section 125.38, Florida Statutes requires that any state agency wishing to use any real or personal property
that may be owned by any county or this state or by its board of county commissioners, for public or community interest and
welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and
WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such
property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and
WHEREAS, DFS and the County desire to make the subject property available to DFS as a satellite office.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida:
1. The Board does hereby grant permission to use the site for a satellite office. A description showing the
location of the Site leased to DFS is attached hereto and made a part hereof as Exhibit "A."
2. The term of this Agreement shall begin on September 8, 2015 and terminate on September 7, 2018. Upon
mutual written agreement, the parties may extend the Contract for two (2) additional one-year terms, pursuant to the same
terms and conditions. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to
the other party.
After motion and second, the vote on this resolution was as follows:
Chair Paula A. Lewis
Tyll
Vice Chair Kim Johnson AYE
Commissioner Chris Dzadovsky AYE
Commissioner Tod Mowery AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this day of 12015.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
Packet Pg. 79
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EXHIBIT
Packet Pg. 80
�stmeafFlOkOlon
of Workers' Corn4onodon
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I Packet Pg. 81
8.B.4
ITEM NO. (ID # 3065)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Daniel S. McIntyre, County Attorney
County Attorney
DATE
09/15/2015
*CONSENT AGENDA\COUNTY
ATTORNEY
All Aboard Florida - Payment of Legal Defense Invoice through All Aboard
Legal Defense Fund
The County has retained the firm of Oertel, Fernandez, Bryant & Atkinson (the "Firm") to review the Draft
Environmental Impact Statement ("DEIS") submitted by All Aboard Florida ("AAF") to the Federal Railroad
Administration ("FRA") and provide advice as to how to proceed.
Attached is a copy of an invoice from the Firm that includes fees for review and processing of the Critical
Assessment Reports that identified negative impacts of the AAF project. Staff is requesting that the Board
authorize payment of the invoice from the special fund the Board created to fund the review of the AAF
project.
PREVIOUS ACTION:
On July 7, 2015, the Board approved a prior payment from the specified fund.
FINANCIAL IMPACT:
Professional Services #001-1900-531000-100-1935.
RECOMMENDATION:
Staff recommends that the Board authorize payment of the attached invoice from the special fund the
Board created pertaining to All Aboard Florida (AAF).
COMMISSION ACTION:
Packet Pg. 82
Coordination/Signatures
anie 5W,� torney 9/1/2015
Updated: 9/10/2015 11:07 AM by Donna Calise Page 2
Packet Pg. 83
Oertel, Fernandez, Bryant & Atkinson P.A.
Post Office Box 1110
Tallahassee. Florida 32302-1110
FID# 59-2009476
Telephone (850) 521-0700 Facsimile (850) 521-0720
Daniel McIntyre, County Attorney
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, Florida 34982
FOR PROFESSIONAL SERVICES RENDERED
Re: All Aboard Florida; Administrative an Civil Litigation Options
DATE
Jul-01-15
Jul-02-15
PROFESSIONAL SERVICES
LAWYER DESCRIPTION
July 31, 2015
Invoice # 14179
Client # 3919-001
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AIJG 2 7 2015
C0 U N T 'Y AT o Lt 1=vi'.' I°Y
HOURS AMOUNT
SJF Work on Critical Assessment documents; phone calls to
County Attorney, and experts; draft letter, resolution
CAC Draft request for points of entry letter.
TPA Work on resolution adopting expert reports on proposed
AAF rail project; work on transmittal letter to USDOT
FRA for Critical Analysis report; emails with Dan
McIntyre (re expert reports and board review and
approval of reports and invoices); calls with George
Gavalla; call with Bob Carr; calls with John Winkle at
FRA (re FEIS status); review and edit Carr report;
emails with Passarella's office; email with Dan
McIntyre (re FEIS status)
ASM Phone calls and e-mails with consultants, work on final
documents for Commission meeting; work on executive
summaries of each report for transmittal letter;
SJF Work on document edits; conference call with Gavalla;
work on Critical Assessment submittals
CAC Finalize and email notice requests; telephone call with
SFWMD and St. Johns WMD.
TPA Work on transmittal letter issues; county attorneys
conference call; work on Don West memorandum /
emails; calls with Bill Morris' office; email from
Gavalla; review draft BCC agenda item; review draft
9.00 $1475.00
2.00 $550.00
4.50 $1,237.56
1.50 $97.50
8.60 $2,365.00
1.00 $275.00
3.50 $962.50
Packet Pg. 84
Matter:
3919-001
notice request documents from Tony Cleveland; review
staff comments on 90% plan issues
ASM
Work on final documents for commission meeting and
0.90 $58.50
final transmittal letter
Jul-03-15 SJF
Prepare for meetings with BCC, staff; work on
4.00 $1,100.00
presentation; work on consultant invoices
Jul-06-15 SJF
Travel to South Florida; prepare for meeting of BCC;
8.00 $2,200.00
phone calls with staff
TPA
Review draft crossing agreement agenda item from Dan
2.00 $550.00 c
McIntyre; review 119 response documents received;
review expert report issues; calls with Segundo
Fernandez; emails; email from George Gavalla (re
c
intermodal freight issues)
a
Jul-07-15 SJF
Prepare for BCC meeting; meetings with staff; briefing
15.00 $4,125.00
of Commissioners; attend BCC meeting; presentation
o
TPA
Attend BCC meeting; confer with Don West; meeting
c
5.50 $1,512.50 E
and emails with Dan McIntyre; meeting with Kate
Cotner (re critical assessment); emails; review draft
Schiller letter; email from Tanya Fender (re Gavalla
report); email from Richard Neill; review emails from
`o
Schiller
E.
Jul-08-15 SJF
Review documents; work on transmittals; submit report
M
8.00 $2,200.00 0
to FRA; phone calls with other counsel
a
a
TPA
Emails on critical assessment; review edited press
1.50 $412.50 LO
release; review crossing agreements memorandum;
o
review executed BCC resolution on critical assessment;
work on transmittal issues; emails
ASM
Prepare final documents for submittal to FRA.
0
2.60 $169.00 c
a
Jul-09-15 SJF
Review staff 90% plan memo, emails re: FDFC
m
1.00 $275.00 U-
meeting
LO
W
TPA
Emails on critical assessment distribution; email from
1.30 $357.50
Kate Stangle (re supplemental 119 response); email
from Don West (re 90% plans); review DRI issues
Jul-10-15 SJF
Work on FRA / EIS issues; conference call with
2.00 $550.00
attorneys
Q
TPA
Weekly county attorney conference call; emails, article
1.50 $412.50
from Stephanie Bush
ASM
Work on transmittal letter for Tipton's signature at
0.30 $19.50
Stephanie Bush's request, e-mails with TPA and SJF
Packet Pg. 85
Matter:
3919-001
Jul-13-15
Jul-14-15
Jul-15-15
Jul-16-15
Jul-17-15
Jul-20-15
Jul-21-15
Jul-22-15
SJF
Work on transmittals of Critical Assessment; emails
4.30 $1,182.50
CAC
Research re: comments to DEIS.
2.00 $550.00
TPA
Emails from Stephanie Bush (re articles on AAF); work
2.60 $715.00
on draft transmittal letter for Critical Analysis; emails;
review documents; review SJRWMD permitting issues
SJF
Emails Gill; work on editorial response; work on
1.00 $275.00 N
Critical Assessment transmittals
TPA
Meeting with Mary Ellen Winkler at SJRWMD (re AAF
0
3.50 $962.50
permitting issues); emails on draft transmittal letter;
emails
,T
SJF
Letter to Mayfield re: FDFC; work on 90% plan issues,
a�
2.00 $550.00
Frank Frey report on safety
J
TPA
Work on transmittal letters; emails with Steve Ryan (re
2.00 $550.00 0
FRA funding issues); draft TCPalm editorial response;
call and emails with SJF on draft editorial response;
>
emails; review EIS issues; call with Bill Congdon at
a
SJRWMD (re AAF permitting issues)
SJF
Work on transmittals; review documents, work on guest
3.50 $962.50 `0
editorial response; phone calls with County staff, email
U_
Passarella
o
TPA
Review and edit editorial response; confer with SJF on
0
0.40 $110.00 a
editorialLO
a
SJF
Work on transmittals; weekly attorney conference calls
3.00 $825.00 co
M
TPA
Weekly county attorneys conference call; emails with
N
3.50 $962.50 0
Stephanie Bush; work on Tipton transmittal letter;
c
emails on guest editorial; review Section 106 letters
received on Determination of Effects (DOE); work on
m
transmittals of critical assessment
O
SJF
Emails; work on 90% plan response / issues
2.00 $550.00 c
M
TPA
Review emails from Dan McIntyre; work on
1.20 $330.00
distribution of critical assessment; email from Dylan
E
Reingold (re support of SLC critical assessment); email
from Kate Cotner on Section 106 issues
Q
TPA
Emails on critical assessment distribution
0.40 $110.00
SJF Email Erich Gill; phone call with WMD re: permits for 1.40 $385.00
AAF
Packet Pg. 86
Matter:
3919-001
Jul-23-15
Jul-24-15
TPA Work on distribution of SLC critical assessment; email
from Kate Cotner (re Frank Frey at FRA); email and
call with Dan McIntyre (re intermodal freight issues);
email on guest editorial
SJF Work on 90% plan issues; conference call with D.
West; emails; Spivey / Ch 120 point of entry letter
TPA Call and emails with Dan McIntyre; county attorneys
conference call; email form McIntyre (re AAF meeting
on Aug 6); review email and letter from Dylan Reingold
on SLC's critical assessment: email from Kate Cotner
on SFWMD on critical assessment; email with Tanya
Fender on Passarella wetland report
SJF Emails; work on FDFC issues, meeting with AAF,
meeting with staff
TPA County attorneys conference call; emails
Jul-27-15 SJF Review St. Lucie 90% plan comment transmittal to Le
Fevre
TPA Email with Dylan Reingold (re critical assessment
distribution); email from Susan Bellamy; review email
and documents on 90% plan review
Jul-29-15 SJF Emails re: FDFC, AAF; Frank Frey submittal
TPA Work on transmittal of SLC critical assessment / 90%
plans to Frank Frey
ASM Telephone call and e-mails with Frank Frey at FRA re
Critical Assessment and 90% Plans
Jul-30-15 SJF Emails; prepare for FDFC meeting
TPA Email from Frank Frey at FRA; emails with Dan
McIntyre; call with Dylan Reingold (re 119 request for
SLC expert's draft reports)
Jul-31-15 SJF Prepare for FDFC meeting of 8/5; emails
CAC Review agency rule issues.
TPA Call and emails with Dan McIntyre (re FDFC meeting
and response to 119 requests); call with Segundo
Fernandez (re FDFC meeting issues); call with George
Gavalla
0.80 $220.00
3.00 $825.00
1.40 $385.00
2.00
$550.00
1.30
$357.50
1.00
$275.00
0.60
$165.00
0.80
$220.00
0.40
$110.00
0.20
$13.00
1.50 $412.50 E
Oa
CO
LL
1.20 $330.00 p
co
0
M
3.00 $825.00
c
as
E
1.50 $412.50
M
Q
0.80 $220.00
Packet Pg. 87
Matter:
3919-00 l
Total Hours
136.00
Total Fees
36,245.00
SUMMARY OF PROFESSIONAL SERVICES
Lawyer Hours
Amount
Segundo J. Fernandez 84.10
$23,127.50
C. Anthony Cleveland 6.50
$1,787.50
Timothy P. Atkinson 39.90
$10,972.50
Allyne Smith 5.50
$357.50
COSTS ADVANCED
Jun-30-15
Search Fee - June 2015
110.62
Jul-02-15
Copy Houses (pb) - (2,618 x .15 per page) -
392.70
Broad and Cassel
Copy Houses (pb) - Blueprint Shop
363.46
Jul-06-15
Travel-7/6-8/15 - ft. Pierce - SJF
838.31
Jul-07-15
Travel - 7/07/15 - Ft. Pierce - TPA
306.20
Copy Houses (pb) - Blueprint Shop
224.17
Jul-08-15
Federal Express - 7/8/15 - To USDOT Federal
109.97
Railroad Admin
Federal Express - 7/8/15 - Federal Railroad
83.71
Admin
Supplies - Formal Submittal to FRA Binders
35.44
Jul-28-15
Telephone - June/July 2015
12.61
Jul-29-15
Federal Express - 7/29/15 - To: DOT Federal
26.74
Railroad
Jul-31-15
Postage - July 2015
33.06
Copies - July 2015 - 1925 @ 0.25
481.25
Federal Express - 7/31/15 - To: FL Dev
20.71
Finance Corp
Federal Express - 7/31/15 - To: Broad and
20.71
Cassel
Total Costs Advanced
$3,059.66
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0
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Packet Pg. 88
Matter:
Current Charges
Interest Due
Previous Payments
Credit Memos
Previous Balance
Total Balance Due
3919-001
$39,304.66
$0.00
�187,801.16
$3,777.50
$0.00
$35.527.16
Packet Pg. 89
West®
A Thomson Reuters business Invoice No: Invoice Date Account #
832087254 6/30/2015 1000469844
ITEMIZATION OF WESTLAW ONLINE CHARGES
ACCOUNT SUMMARY BY CLIENT
CLIENT # Total Charges
3919-001 110.62
Total $ 110.62
Packet Pg. 90
• Email from Mr. Giles -Klein to Mr. Stanton, dated June 4, 2015, regarding the Closing
Memorandum, Indenture, Senior Loan Agreement, Continuing Disclosure Agreement,
Bond Purchase Agreement, Remarketing Agreement, Preliminary Official Statement,
FDFC Bond Resolution and Approving Opinion of Bond Counsel
• Email from Mr. Giles -Klein to Mr. Stanton, dated June 23, 2015, regarding the Bond
Resolution, Continuing Disclosure Undertaking and Ridership Study
• Email from Mr. Giles -Klein to Mr. Stanton, dated June 24, 2015, regarding the Engineer
Report and Indenture
• Email from Mr. Giles -Klein to Mr. Stanton, dated June 25, 2015, regarding the Senior
Loan Agreement, Collateral Agency Agreement, Preliminary Official Statement, Bond
Purchase Agreement and Indenture
The copy charges associated with this request are $ 392.70 (2,618 x .15 per page). Please
remit your payment made payable to Broad and Cassel, and send to my attention at your
earliest convenience.
Respectfully submitted,
BROA R AND CASSEL
A
',By' Joseph B. Stanton, P.A.
Packet Pg. 91
i 1130 Thomasville Road U ILA
��• Tallahassee, FL 32303
Phone (850) 224-2699
Fax (850) 224-6658
Bill To
Oertel Fernandez Bryant & Atkinson
PO Box 1110
Tallahassee, FL 32302
Invoice
Date Invoice #
7/2/2015 607152
Reference/ Project
Case# 3919-1
Quantity
Item
Description
Rate
Amount
1,695
-8.5x11 b/w copies/sc...
0.08
135.60T
810
8.5x11 color copies/sc...
0.25
202.50T
REMINDER: Payment
is due by the 10th of the
following
month. Late fees
ill be assessed on all past d
e invoices.
Subtotal $338.10
Received
By: Sales Tax (7.5%) $25.36
Please retain this copy for your records. Additional invoice copies
are not sent with monthly statements. Total $363.46
Packet Pg. 92
Oertel, Fernandez, Bryant & Atkins n PAS
CLIENT NO: 3919-01
DATE OF: 07/6-8/15
EXPENSE/TRAVEL REPORT
CLIENT/CASE NAME: St. Lucie Coun
PLACE:
Ft. Pierce
ATTORNEY#: SJF ATTORNEY NAME: Segundo Fernandez
TOTAL AMOUNT BILLABLE TO CLIENT.• $ 838.31
EXPENRPR
Type of
Expense
Amount
Charged Expenses
Cash to be
Reimbursed
AIRFARE (14)
RENTAL CAR (14)
LODGING (14)
360.00
360.00
PARKING (46)
MEALS (54)
47.06
47.06
TOLLS (14)
PHONE CALLS (14)
ADDITIONAL GAS (14)
OTHER
MILEAGE (from below)
431.25
431.25
TOTAL
838.31
407.06
431.25
Mileage: 750 miles @ $.575 per mile = $ 431.25
Mileage to be reimbursed? yes no
Attornev Reimbursement
Check No.: Amount $ Date:
CLIENTS SHARING EXPENSES
Client No.: $ Client No.: $
Client No.: $ Client No.: $
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AAX:
GUEST FOLIO MARRIOTTS
ORLANDO WORLD CENTER
MARRIOTT
10505 FERNANDEZ/SEGUNDO
160.00 07/11/15 11:00
12686
10790
ROOM NAME
RATE DEPART TIME
ACCT#
GROUP
NSKG
07/05/15 19:34
TYPE
ARRIVE TIME
210
ROOM
CLERK
PAYMENT
MRW#:
XXXXX9713
ADDRESS
DATE REFERENCE
CHARGES CREDITS
BALANCE DUE
07/06 RMSERV
07/06 ROOM
07/06 TAX
07/06 RMOCTAX
07%07 STARBUCK
07/07 ROOM
07/07 TAX
07/07 RMOCTAX
MARRIOTT
23670505 35.44�d.�'
10505, 1 160.00
10505, 1 10.40
10505. 1 9.60
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10505, 1
160.00`';
10505, 1
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10505, 1
9.60
MARRIOTTS ORLANDO WORLD CENTER
WORLD CENTER DRIVE
ORLANDO, FL 32821
This statement is your only receipt. You have agreed to pay in cash or by approved personal check or to authorize u< to charge your credit card for ali amounts charged tc
you. The amount shown in the credits column opposite any credit card entry in the reference column above will be charged to the credit card number set forth above. (The
credit card company will bill in the usual manner.) If for any reason the credit card company does not make payment on this account, you will owe us such amount. If you
are direct billed, in the event payment is not made within 25 days after check -cut, you wi II owe us interest from the check-out date on any unpaid amount at the rate of 1.5%
per month (ANNUAL RATE 18 %o), or the maximum allowed by law, plus the reasonable cost of collection, including attorney fees.
Signature X
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Packet Pg. 94
Oertel, Fernandez, Bryant & Atkinson, P.A.
EXPENSE/TRAVEL REPORT
CLIENT NO. = 3 919 - 01
DATEOF- 07/07/15
ATTYINITIALS TPA
CLIENT/CASE NAMY S t . Lucie Count
PLACE•' Ft. Pierce, FL
ATTORNEY Tim Atkinson
TOTAL AMOUNT BILLABLE TO CLIENT' $ 3 0 6.2 0
Type of
Expense
AIRFARE
Amount
Charged Expenses
Cash to be
Reimbursed
11
RENTAL CAR
LODGING
PARKING
MEALS
16.20
16.20
TOLLS
14.00
14.00
PHONE CALLS
ADDITIONAL GAS
OTHER
MILEAGE (from below)
276.00
276.00
TOTAL
306.20
16.20
290.00
Mileage: 480 miles @ $. 575 per mile = $ 2 7 6 . 0 0
Mileage to be reimbursed? X yes no
Attorney Reimbursement
Check No.: Amount $ Date:
CLIENTS SHARING EXPENSES
Client No.: $ Client No.:
Client No.: $ Client No.:
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FLORIDA TURNPIKE ENTERPRISE
CUSTOMER TOLL RECEIPT
Subway#626420 Phone 772-595-9559 .....................
7038 Okeechobee Road Leesburg
Ft. Pierce, Florida, 34945
Oerved by: sasha 7/1/2015 9:45:33 pm Term ID -Trans# 1/A-25196 FLORIDA TURNPIKE ENTERPRISE
Qty Size Item
Price
PLAZA 003100 LANE 04
COLL R335
1 Chips
1.30
TOLL DUE 3.00
1 Coffee Single Serve 1211ot
1.65
PAID 3.00 CHANGE 0.00
PAY TYPE CASH o
1 [N]Simple 6 Meal
6.13
07/07/15-13:57:50.283 '
6" -B.M.T. Sub
-Bottled Carbonated Drin
http:/llw''d',SuItpaS5.0001 vi
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1.888.865.5352
1 [N]Simple 6 Meal
6.13
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-Bottled Carbonated Drin
J
-Chips
4-
0
Sub Total
7
10._1
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FL Tax (6.5i6)
0.99
FLORIDA
TURNPII;
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Total (fiat In)
16.20
a
Credit Card
16.20
tl------- '
Change
0.00
CUSTOMER TOLL RECEIPT
L
Call us with your Comments
Three Lakes E�1L U_
Phone 7725959559
M
FLORIDA TURNPIKE ENTE:i'RI:E: a
a
PLAZA 004100 LANE '.5LO
COLL 2847
Approval No: 561508
TOLL DUE 9.00 0
Reference No: 518901433835
PAID 9.00 CHANGE " 1 .,):
Card Issuer: Amex
PAY TYPE CASH
Account No: ************3235
07/07/15-23:09:20.276 0
Acquired: Stripe
11tt1), ; ,4,4.S111)pa8S.CO(1I
Amount: $16.20
1.888.865.5352 06
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CUSTOMER COPY
T H A N K Y' O U Cl)
Host Order ID: 623-215-1098890
OSCE70LA PARKWAY c
AGENCY
Thanks for visiting Subway. Please
let
SHINGLE CREEK a
us know how we did today by taking
our
a
1 minute survey at www.tellsubway.Com
Lane: 9 Collector: 7152
Tue Jul 7 ?_3:26:09 2015
Toll paid: $ 2.,00
Packet Pg. 96
MAY-
1130 Thomasville Road
Tallahassee, FL 32303
Phone (850) 224-2699
Fax(850) 224-6658
Bill To
Oertel Fernandez Bryant & Atkinson
PO Box 1110
Tallahassee, FL 32302
Invoice
Date Invoice #
7/7/2015 607249
Reference/Project
Case# 3919-1
Quantity
Item
Description
Rate
Amount
11041
-8.5x11 b/w copies/sc...
0.08
83.28T
501
8.5x11 color copies/sc...
0.25
125.25T
REMINDER: Payment
is due by the 10th of the
following
month. Late fees
will be assessed on all past d
ie invoices.
Subtotal $208.53
Received
Sales Tax (7.5%) $15.64
Please retain this copy for your records. Additional invoice copies
are not sent with monthly statements. Total $224.17
Packet Pg. 97
https://www.fedex.com/shippinotml/en/PrintIFrame.hi
r
p_
Shipment Receipt
Address Information
Ship to:
Mr. John Winkle
USDOT Federal Railroad
Admin.
1200 New Jersey Avenue SE
Room W38-311
WASHINGTON, DC
20590
US
2024936014
Ship from:
Segundo J. Fernandez
Oertel Fernandez Bryant &
Atkinson
2060 DELTA WAY
TALLAHASSEE, FL
323034226
US
8505210700
Shipment Information:
Tracking no.: 774008498300
Ship date: 07/08/2015
Estimated shipping charges: 109.97
Package Information
Pricing option: FedEx Standard Rate
Service type: Priority Overnight
Package type: Your Packaging
Number of packages: 1
Total weight: 15 LBS
Declared Value: 0.00 USD
Special Services:
Pickup/Drop-off: Use an already scheduled pickup at my location
Billing Information:
Bill transportation to: MyAccount-027
Your reference: 3919 -1 (SJF)
P.O. no.:
Invoice no.:
Department no.:
Thank you for shipping online with FedEx ShipManager at fedex.com.
Please Note
FedExwilI not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, m is delivery or m is information, unless you
declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply Your right to recover
from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorneys fees, costs, and other forms of damage whether direct, incidental,
consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary
value is $1000, e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits, Consult the
applicable FedEx Service Guide for details.
The estimated shipping charge maybe different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult
Packet Pg. 98
1 of 2
15 11
https://www.fedex.com/shipping/html/en/PrintIFrame.h
4 c C
FW Shipment Receipt
Address Information
Ship to:
Catherine Dobbs
Federal Railroad
Administration
Office of Railroad Policy and
Dev.
1200 New Jersey Avenue SE.
WASHINGTON, DC
20590
US
2024936014
Ship from:
Segundo J. Fernandez
Oertel Fernandez Bryant &
Atkinson
2060 DELTA WAY
TALLAHASSEE, FL
323034226
US
8505210700
Shipment Information:
Tracking no.: 774008666907
Ship date: 07/08/2015
Estimated shipping charges: 83.71
Package Information
Pricing option: FedEx Standard Rate
Service type: Priority Overnight
Package type: FedEx Box
Number of packages: 1
Total weight: 9 LBS
Declared Value: 0.00 USD
Special Services:
Pickup/Drop-off: Use an already scheduled pickup at my location
Billing Information:
Bill transportation to: MyAccount-027
Your reference: 3919-1 (SJF)
P.O. no.:
Invoice no.:
Department no.:
Thank you for shipping online with FedEx ShipManager at fedex.com.
Please Note
Fed Ex will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery mis delivery, or misinformation, unless you
declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply Your right to recover
from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorneys fees, costs, and other forms of damage whether direct, incidental,
consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. W)amum for items of extraordinary
value is $1000, a g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide- Written claims must be filed within strict time limits. Consult the
Packet Pg. 99
1 of 2
r
2241 North Monroe Street
Tallahasse, FL 32303
(850) 385-9155
SALE 1467467 3 002 12646
1072 07/08/15 02:53
0TY SI<LJ F'RIC3E
REWARDS NUMBER 2254576578
1 STPLS STAN VIEW BN
718103198585
10.99
1 SIPLS STAN VIEW BN
718103198585
10.99
1 SIPLS STAN VIEW BN
118103198585
10.99
SUBTOTAL
32.97
Standard Tax 7.50%
2,47
TOTAL
$35.44
Staples Charge 35.44
Card No.: XXXXXXXXXXXX4147 [Si
Auth No.: 008733
.roTAL ITEMS 3
Staples grand products.
Below Budget, Above Expectations,
THANK YOU FOR SHOPPING AT STAPLES !
Shop online at www.staples.com
Get with the program.
Staples Rewards members yet up to 5%
back in rewards and free shipping every
day. Exulusions apply. See an associate
for full program details or to enroll.
..... ...... WTME..._ _-
Packet Pg. 100
7/29/2045
FedEx Ship Manager - Print Your Label(s)
Shipment Receipt
Address Information
Ship to:
Frank Frey
DOT Federal Railroad
Administration
1200 New Jersey Avenue SE
RRS-23 / W33-447
WASHINGTON, DC
20590
US
(202) 493-0130
Ship from:
Segundo J. Fernandez
Oertel Fernandez Bryant &
Atkinson
2060 DELTA WAY
TALLAHASSEE, FL
323034226
US
8505210700
Shipment Information:
Tracking no.: 774162145504
Ship date: 07/29/2015
Estimated shipping charges: 26.74
Package Information
Pricing option: FedEx Standard Rate
Service type: Priority Overnight
Package type: FedEx Envelope
Number of packages: 1
Total weight: 0.50 LBS
Declared Value: 0.00 USD
Special Services:
Pickup/Drop-off: Use an already scheduled pickup at my location
Billing Information:
Bill transportation to: MyAccount-027
Your reference: 3919-01 St. Lucie County (SJF)
P.O. no.:
Invoice no.:
Department no.:
Thank you for shipping online with FedEx ShipManager at fedex.com.
Please Note
FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss. damage, delay, nondelivery, misdelivery, or misinformation, unless you declare a higher
value, pay an additional charge, document your actual loss and file a timely claim. limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss,
including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the
greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable
instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details.
The esfimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable
FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated.
https://www.fedex.com/shipping/html/eri/PrintiFrame.html Packet Pg. 101
Aug. 24, 2015 16:05:28
OERTEL FERNANDEZ COLE & BRYANT
Account Summary
391901:
TransTotals for Copy:
TransTotals for Disb:
TransTotals for Print:
Totals For 391901:
Grand Total:
Included transaction type(s): Fax, Copy, Disb, Print, Time, Phone.
Date Range
From 7/1/2015 0:00
To 7/31 /2015 23:59
Gross Charaes
14.25
0.25
466.75
481.25
481.25
Page 1 of 1
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7/31/2015
Shipment Receipt
FedEx Ship Manager - Print Your Label(s)
Address Information
Ship to:
Bill Spivey
Florida Development Finance
Corp
800 N. Magnolia Ave. Suite
1100
ORLANDO, FL
32803
US
407-956-5695
Ship from:
Timothy P. Atkinson
Oertel Fernandez Bryant &
Atkinson
2060 DELTA WAY
TALLAHASSEE, FL
323034226
US
8505210700
Shipment Information:
Tracking no.: 774186990940
Ship date: 07/31/2015
Estimated shipping charges: 20.71
Package Information
Pricing option: FedEx Standard Rate
Service type: Priority Overnight
Package type: FedEx Envelope
Number of packages: 1
Total weight: 0.50 LBS
Declared Value: 0.00 USD
Special Services:
Pickup/Drop-off: Use an already scheduled pickup at my location
Billing Information:
Bill transportation to: MyAccount-027
Your reference: 3919-01 St. Lucie County (TPA)
P.O. no.:
Invoice no.:
Department no.:
Thank you for shipping online with FedEx ShipManager at fedex.com.
Please Note
FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher
value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss,
including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the
greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable
instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details.
The estimated shipping charge maybe different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable
FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated.
https://www.fedex.com/shipping/htmI/er✓PrintiFrame.html I Packet Pg. E3
7/31/2G15
FedEx Ship Manager - Print Your Label(s)
Shipment Receipt
Address Information
Ship to:
Joe Stanton
Broad and Cassel
390 North Orange Avenue
Suite 1400
Bank of America Center
ORLANDO, FL
32801
US
407.839.4200
Ship from:
Timothy P. Atkinson
Oertel Fernandez Bryant &
Atkinson
2060 DELTA WAY
TALLAHASSEE, FL
323034226
US
8505210700
Shipment Information:
Tracking no.: 774187156398
Ship date: 07/31/2015
Estimated shipping charges: 20.71
Package Information
Pricing option: FedEx Standard Rate
Service type: Priority Overnight
Package type: FedEx Envelope
Number of packages: 1
Total weight: 0.50 LBS
Declared Value: 0.00 USD
Special Services:
Pickup/Drop-off: Use an already scheduled pickup at my location
Billing Information:
Bill transportation to: MyAccount-027
Your reference: 3919-01 St. Lucie County (TPA)
P.O. no.. -
Invoice no.:
Department no.:
Thank you for shipping online with FedEx ShipManager at fedex.com.
Please Note
FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher
value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss,
including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the
greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable
instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details.
The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable
FedEx Service GLO or the FedEx Rate Sheets for details on how shipping charges are calculated.
Packet Pg. 104
https:/Avww.fedex.com/shi ppi ng/htm I/er1/PrintlFrame.html
8.B.5
ITEM NO. (ID # 3051)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Heather Young, Asst. County Attorney
County Attorney
DATE
09/15/2015
*CONSENT AGENDA\COUNTY
ATTORNEY
Animal Impoundment Services - Third Amendment to December 20, 2011
Agreement with Humane Society of St. Lucie County, Inc.
Attached to this agenda item is a proposed Third Amendment to the December 20, 2011 agreement with
the Humane Society of St. Lucie County, Inc. for animal impoundment services. The proposed
amendment will extend the term through and including September 30, 2016. The cost for all services for
Fiscal Year 2015-16 will be a lump sum of two hundred twelve thousand five hundred and 00/100 dollars
($212,500.00) due on or before November 1, 2015.
PREVIOUS ACTION:
On December 20, 2011, the County entered into an agreement with Humane Society of St. Lucie County,
Inc. to provide animal impoundment services to the Animal Control Division and St. Lucie County
residents. The Agreement was amended on September 18, 2012 and November 18, 2014.
FINANCIAL IMPACT:
Sufficient funds for this expenditure are included in the proposed budget for FY 2015-16.
RECOMMENDATION:
Staff recommends the Board approve the proposed Third Amendment to the December 20, 2011
Agreement with the Humane Society of St. Lucie County, Inc., and authorize the Chair to sign the
agreement subject to receipt of the signed originals from the Humane Society.
COMMISSION ACTION:
Packet Pg. 105
8.B.5
Coordination/Signatures
anie SW,� torney 8/20/2015
Updated: 9/3/2015 3:58 PM by Donna Calise Page 2
Packet Pg. 106
THIRD AMENDMENT TO DECEMBER 20, 2011 AGREEMENT
C11-12-451
THIS THIRD AMENDMENT made and entered into this day of 2015,
between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the
"County", and the HUMANE SOCIETY OF ST. LUCIE COUNTY, INC., a not -for -profit corporation under
the laws of the State of Florida, hereinafter referred to as "Humane Society".
WITNESSETH:
WHEREAS, the County, through the operation of its Animal Control Division (the "Division") and
in the enforcement of state and local laws regulating animal control and in protection of the health,
safety, and welfare of the citizens of the County, takes into custody or impounds both wild and
domestic animals; and
WHEREAS, the Humane Society has the ability to provide facilities for the impoundment of such
animals and the provision of other services to the County's Animal Control Division, as well as to the
residents of the County; and
WHEREAS, on December 20, 2011, the parties entered into an agreement which provided for
the parties to mutually cooperate for the purpose of controlling animals within the County, hereinafter
referred to as the "Agreement"; and,
WHEREAS, on September 18, 2012, the parties entered into a First Amendment to the
Agreement which extended the term of the Agreement through and including September 30, 2014; and,
WHEREAS, on November 18, 2014, the parties entered into a Second Amendment to the
Agreement which extended the term of the Agreement through and including September 30, 2015; and,
WHEREAS, the parties desire to further extend the term of the Agreement through and
including September 30, 2017 and clarify the handling of animals in suspected rabies cases; and,
NOW, THEREFORE, in consideration of the premises and mutual benefits which will accrue to
the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as
follows:
1. Paragraph 1 of the Agreement is hereby amended to read as follows:
1. The Humane Society shall be the exclusive provider of shelter, board and
care or all animals, other than livestock and wildlife, picked up within the
jurisdiction of the Division or received from the residents of the unincorporated
area of the County and delivered to the Humane Society by either the Division
1
Packet Pg. 107
or by any resident of the unincorporated area of the County, until the animal is
returned to its owner, adopted or otherwise disposed of at the discretion of the
Humane Society and in accordance with state and local law. Delivery of any
animal pursuant to this Agreement shall be made to the Humane Society's
shelter located at 100 Savannah Road, Fort Pierce, Florida, and 8890 Glades Cut
Off Road, Port St. Lucie, Florida. The Humane Society shall further provide for
quarantine of all animals brought to its shelter which have been involved in a
biting incident. The Humane Society shall perform decapitation of not to exceed
eighty (80) animals for rabies testing when deemed necessary by the Division.
The Humane Society shall provide cremation and disposal of cremains of up to
one hundred (100) small wildlife delivered to the Humane Society by County
staff.
2. Paragraph 5 of the Agreement is hereby amended to read as follows:
5. The term of this Agreement shall begin retroactively on October 1, 2011,
and shall continue through and including September 30, 2016, unless otherwise
terminated as provided under Paragraph 11 of this Agreement.
3. Paragraph 6 of the Agreement is hereby amended to read as follows:
6. For and in consideration for the shelter services performed by the
Humane Society in accordance with this Agreement, the County shall
compensate the Humane Society in an annual lump sum amount of two
hundred thirty-six thousand five hundred and /100 dollars ($236,500.00). The
initial payment shall be due on or before January 20, 2012. Thereafter, the
annual payments shall be due on or before November 1, 2012 and November 1,
2013.
Beginning October 1, 2014 and continuing each remaining year of this
Agreement, the County shall compensate the Humane Society in an annual lump
sum amount of two hundred twelve thousand and 00/100 dollars ($212,000.00)
for the services provided pursuant to this Agreement. The initial payment of two
hundred twelve thousand and 00/100 dollars ($212,000.00) shall be due on or
before December 15, 2014. In addition, the Humane Society shall submit a
request for payment to the County on a quarterly basis for small wildlife
cremation and disposal of cremains performed pursuant to this Agreement
during the previous quarter at a rate of twelve and 00/100 dollars ($12.00) per
animal.
Effective October 1, 2015, the County shall pay the Humane Society an annual
2
Packet Pg. 108
lump sum amount of two hundred twelve thousand five hundred and 00/100
dollars ($212,500.00) for all services rendered pursuant to this Agreement.
Payment shall be due on or before November 1, 2015.
In the event of early termination as provided in Paragraph 11 of this Agreement,
the Humane Society shall refund the pro rata amount of the lump sum payment
to the County based upon a three hundred sixty-five (365) day term. Such
refund shall be due within thirty (30) days of the effective date of the
termination.
4. Except as otherwise amended herein, the terms and conditions of the
Agreement, as previously amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized
officials as of the day and year first written above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chair
ATTEST:
5:\atty\agreemnt\3a.humane society. 2015.doc
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
HUMANE SOCIETY OF ST. LUCIE COUNTY,
INC.
BY:
Board President
(SEAL)
3
Packet Pg. 109
ITEM NO. (ID # 3074)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Heather Young, Asst. County Attorney
County Attorney
2015-2016 Health Department Contract
DATE: 09/15/2015
*CONSENT AGENDA\COUNTY
ATTORNEY
Attached to this agenda item is the proposed 2015-2016 contract with the State of Florida Department of
Health for operation of the St. Lucie County Health Department. Pursuant to the contract, the State will
contribute $8,470,538.00 toward the local Health Department. The County's appropriated responsibility
will be $917,647.00.
PREVIOUS ACTION:
FINANCIAL IMPACT:
Sufficient funds have been included in the proposd FY15-16 budget for this expenditure.
RECOMMENDATION:
Staff recommends the Board approve the proposed 2015-2016 contract with the State of Florida
Department of Health, and authorize the Chair to sign the contract.
COMMISSION ACTION:
Coordination/Signatures
ianie/s. McIntyre, C my ttorney 9/8/2015
Packet Pg. 110
CONTRACT BETWEEN
St. Lucie COUNTY BOARD OF COUNTY COMMISSIONERS
AND
STATE OF FLORIDA DEPARTMENT OF HEALTH
FOR OPERATION OF THE
St. Lucie COUNTY HEALTH DEPARTMENT
CONTRACT YEAR 2015-2016
This contract is made and entered into between the State of Florida, Department of Health
("State") and the St. Lucie County Board of County Commissioners ("County"), through their
undersigned authorities, effective October 1, 2015.
RECITALS
A. Pursuant to Chapter 154, Florida Statutes, the intent of the legislature is to
"promote, protect, maintain, and improve the health and safety of all citizens and visitors of
this state through a system of coordinated county health department services."
B. County Health Departments were created throughout Florida to satisfy this
legislative intent through "promotion of the public's health, the control and eradication of
preventable diseases, and the provision of primary health care for special populations."
C. St. Lucie County Health Department ("CHD") is one of the created County
Health Departments.
D. It is necessary for the parties hereto to enter into this contract in order to ensure
coordination between the State and the County in the operation of the CHD.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct
and incorporated herein by reference.
2. TERM. The parties mutually agree that this contract shall be effective from October 1,
2015, through September 30, 2016, or until a written contract replacing this contract is
entered into between the parties, whichever is later, unless this contract is otherwise
terminated pursuant to the termination provisions set forth in paragraph 8. below.
3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD
shall provide those services as set forth on Part III of Attachment II hereof, in order tc
maintain the following three levels of service pursuant to section 154.01(2), Florida Statutes,
as defined below:
a. "Environmental health services" are those services which are organized and operated
to protect the health of the general public by monitoring and regulating activities in the
environment which may contribute to the occurrence or transmission of disease.
Packet Pg. 111
Environmental health services shall be supported by available federal, state and local funds
and shall include those services mandated on a state or federal level. Examples of
environmental health services include, but are not limited to, food hygiene, safe drinking
water supply, sewage and solid waste disposal, swimming pools, group care facilities,
migrant labor camps, toxic material control, radiological health, and occupational health.
b.' "Communicable disease control services" are those services which protect the health
of the general public through the detection, control, and eradication of diseases which are
transmitted primarily by human beings. Communicable disease services shall be supported
by available federal, state, and local funds and shall include those services mandated on a
state or federal level. Such services include, but are not limited to, epidemiology, sexually
transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control
and maintenance of vital statistics.
c. "Primary care services" are acute care and preventive services that are made
available to well and sick persons who are unable to obtain such services due to lack of
income or other barriers beyond their control. These services are provided to benefit
individuals, improve the collective health of the public, and prevent and control the spread of
disease. Primary health care services are provided at home, in group settings, or in clinics.
These services shall be supported by available federal, state, and local funds and shall
include services mandated on a state or federal level. Examples of primary health care
services include, but are not limited to: first contact acute care services; chronic disease
detection and treatment; maternal and child health services; family planning; nutrition; school
health; supplemental food assistance for women, infants, and children; home health; and
dental services.
4. FUNDING. The parties further agree that funding for the CHD will be handled as
follows:
a. The funding to be provided by the parties and any other sources is set forth in Part II
of Attachment II hereof. This funding will be used as shown in Part I of Attachment II.
i. The State's appropriated responsibility (direct contribution excluding any state
fees, Medicaid contributions or any other funds not listed on the Schedule C) as
provided in Attachment II, Part II is an amount not to exceed
$ _8_,470,538.00 (State General Revenue, State Funds, Other State Funds and Federal
Funds listed on the Schedule C). The State's obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature.
ii. The County's appropriated responsibility (direct contribution excluding any fees,
other cash or local contributions) as provided in Attachment II, Part II is an
amount not to exceed $917,647.00 (amount listed under the "Board of County
Commissioners Annual Appropriations section of the revenue attachment).
b. Overall expenditures will not exceed available funding or budget authority, whichever
is less, (either current year or from surplus trust funds) in any service category. Unless
requested otherwise, any surplus at the end of the term of this contract in the County Health
2
Packet Pg. 112
Department Trust Fund that is attributed to the CHD shall be carried forward to the next
contract period.
c. Either party may establish service fees as allowed by law to fund activities of the CHD.
Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee
schedule.
d. Either party may increase or decrease funding of this contract during the term hereof
by notifying the other party in writing of the amount and purpose for the change in funding. If
the State initiates the increase/decrease, the CHD will revise the Attachment II and send a
copy of the revised pages to the County and the Department of Health, Office of Budget and
Revenue Management. If the County initiates the increase/decrease, the County shall notify
the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages
to the Department of Health, Office of Budget and Revenue Management.
e. The name and address of the official payee to whom payments shall be made is
County Health Department Trust Fund
St. Lucie County
5150 NW Milner Drive
Port Saint Lucie, FL 34983
5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of
the CHD shall be a State employee or under contract with the State and will be under the
day-to-day direction of the Deputy Secretary for County Health Systems. The
director/administrator shall be selected by the State with the concurrence of the County. The
director/administrator of the CHD shall ensure that non -categorical sources of funding are
used to fulfill public health priorities in the community and the Long Range Program Plan. A
report detailing the status of public health as measured by outcome measures and similar
indicators will be sent by the CHD director/administrator to the parties no later than October 1
of each year (This is the standard quality assurance "County Health Profile" report located on the Division of
Public Health Statistics and Performance Management Intranet site).
6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that
the following standards should apply in the operation of the CHD:
a. The CHD and its personnel shall follow all State policies and procedures, except to the
extent permitted for the use of County purchasing procedures as set forth in subparagraph
b., below. All CHD employees shall be State or State -contract personnel subject to State
personnel rules and procedures. Employees will report time in the Health Management
System compatible format by program component as specified by the State.
b. The CHD shall comply with all applicable provisions of federal and state laws and
regulations relating to its operation with the exception that the use of County purchasing
procedures shall be allowed when it will result in a better price or service and no statewide
Department of Health purchasing contract has been implemented for those goods or
services. In such cases, the CHD director/administrator must sign a justification therefore,
and all County purchasing procedures must be followed in their entirety, and such
Packet Pg. 113
compliance shall be documented. Such justification and compliance documentation shall be
maintained by the CHD in accordance with the terms of this contract. State procedures must
be followed for all leases on facilities not enumerated in Attachment IV.
c. The CHD shall maintain books, records and documents in accordance with the
Generally Accepted Accounting Principles (GAAP), as promulgated by the Governmental
Accounting Standards Board (GASB), and the requirements of federal or state law. These
records shall be maintained as required by the Department of Health Policies and
Procedures for Records Management and shall be open for inspection at any time by the
parties and the public, except for those records that are not otherwise subject to disclosure
as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below.
Books, records and documents must be adequate to allow the CHD to comply with the
following reporting requirements:
The revenue and expenditure requirements in the Florida Accounting
Information Resource (FLAIR) System;
ii. The client registration and services reporting requirements of the minimum
data set as specified in the most current version of the Client Information
System/Health Management Component Pamphlet;
iii. Financial procedures specified in the Department of Health's Accounting
Procedures Manuals, Accounting memoranda, and Comptroller's
memoranda;
iv. The CHD is responsible for assuring that all contracts with service
providers include provisions that all subcontracted services be reported to
the CHD in a manner consistent with the client registration and service
reporting requirements of the minimum data set as specified in the Client
Information System/Health Management Component Pamphlet.
d. All funds for the CHD shall be deposited in the County Health Department Trust Fund
maintained by the state treasurer. These funds shall be accounted for separately from funds
deposited for other CHDs and shall be used only for public health purposes in St. Lucie
County.
e. That any surplus/deficit funds, including fees or accrued interest, remaining in the
County Health Department Trust Fund account at the end of the contract year shall be
credited/debited to the State or County, as appropriate, based on the funds contributed by
each and the expenditures incurred by each. Expenditures will be charged to the program
accounts by State and County based on the ratio of planned expenditures in this contract
and funding from all sources is credited to the program accounts by State and County. The
equity share of any surplus/deficit funds accruing to the State and County is determined each
month and at contract year-end. Surplus funds may be applied toward the funding
requirements of each participating governmental entity in the following year. However, in
each such case, all surplus funds, including fees and accrued interest, shall remain in the
trust fund until accounted for in a manner which clearly illustrates the amount which has been
4
Packet Pg. 114
credited to each participating governmental entity. The planned use of surplus funds shall be
reflected in Attachment II, Part I of this contract, with special capital projects explained in
Attachment V.
f. There shall be no transfer of funds between the three levels of services without a
contract amendment unless the CHD director/administrator determines that an emergency
exists wherein a time delay would endanger the public's health and the Deputy Secretary for
County Health Systems has approved the transfer. The Deputy Secretary for County Health
Systems shall forward written evidence of this approval to the CHD within 30 days after an
emergency transfer:
g. The CHD may execute subcontracts for services necessary to enable the CHD to
carry out the programs specified in this contract. Any such subcontract shall include all
aforementioned audit and record keeping requirements.
h. At the request of either party, an audit may be conducted by an independent CPA on
the financial records of the CHD and the results made available to the parties within 180
days after the close of the CHD fiscal year. This audit will follow requirements contained in
OMB Circular A-133 and may be in conjunction with audits performed by County
government. If audit exceptions are found, then the director/administrator of the CHD will
prepare a corrective action plan and a copy of that plan and monthly status reports will be
furnished to the contract managers for the parties.
i. The CHD shall not use or disclose any information concerning a recipient of services
except as allowed by federal or state law or policy.
j. The CHD shall retain all client records, financial records, supporting documents,
statistical records, and any other documents (including electronic storage media) pertinent to
this contract for a period of five (5) years after termination of this contract. If an audit has
been initiated and audit findings have not been resolved at the end of five (5) years, the
records shall be retained until resolution of the audit findings.
k. The CHD shall maintain confidentiality of all data, files, and records that are
confidential under the law or are otherwise exempted from disclosure as a public record
under Florida law. The CHD shall implement procedures to ensure the protection and
confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65
and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality.
All confidentiality procedures implemented by the CHD shall be consistent with the
Department of Health Information Security Policies, Protocols, and Procedures. The CHD
shall further adhere to any amendments to the State's security requirements and shall
comply with any applicable professional standards of practice with respect to client
confidentiality.
I. The CHD shall abide by all State policies and procedures, which by this reference are
incorporated herein as standards to be followed by the CHD, except as otherwise permitted
for some purchases using County procedures pursuant to paragraph 6.b.
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m. The CHD shall establish a system through which applicants for services and current
clients may present grievances over denial, modification or termination of services. The CHD
will advise applicants of the right to appeal a denial or exclusion from services, of failure to
take account of a client's choice of service, and of his/her right to a fair hearing to the final
governing authority of the agency. Specific references to existing laws, rules or program
manuals are included in Attachment I of this contract.
n. The CHD shall comply with the provisions contained in the Civil Rights Certificate,
hereby incorporated into this contract as Attachment III.
o. The CHD shall submit quarterly reports to the County that shall include at least the
following:
The DE3851-1 Contract Management Variance Report and the DE580L1
Analysis of Fund Equities Report;
ii. A written explanation to the County of service variances reflected in the
DE3851-1 report if the variance exceeds or falls below 25 percent of the
planned expenditure amount. However, if the amount of the service
specific variance between actual and planned expenditures does not
exceed three percent of the total planned expenditures for the level of
service in which the type of service is included, a variance explanation is
not required. A copy of the written explanation shall be sent to the
Department of Health, Office of Budget and Revenue Management.
p. The dates for the submission of quarterly reports to the County shall be as follows
unless the generation and distribution of reports is delayed due to circumstances beyond the
CHD's control:
i. March 1, 2016 for the report period October 1, 2015 through
December 31, 2015;
ii. June 1, 2016 for the report period October 1, 2015 through
March 31, 2016;
iii. September 1, 2016 for the report period October 1, 2015
through June 30, 2016; and
iv. December 1, 2016 for the report period October 1, 2015
through September 30, 2016.
7. FACILITIES AND EQUIPMENT. The parties mutually agree that:
a. CHD facilities shall be provided as specified in Attachment IV to this contract and the
County shall own the facilities used by the CHD unless otherwise provided in Attachment IV.
C.1
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b. The County shall ensure adequate fire and casualty insurance coverage for County -
owned CHD offices and buildings and for all furnishings and equipment in CHD offices
through either a self-insurance program or insurance purchased by the County.
c. All vehicles will be transferred to the ownership of the County and registered as
County vehicles. The County shall ensure insurance coverage for these vehicles is available
through either a self-insurance program or insurance purchased by the County. All vehicles
will be used solely for CHD operations. Vehicles purchased through the County Health
Department Trust Fund shall be sold at fair market value when they are no longer needed by
the CHD and the proceeds returned to the County Health Department Trust Fund.
8. TERMINATION.
a. Termination at Will. This contract may be terminated by either party without cause
upon no less than one -hundred eighty (180) calendar days notice in writing to the other party
unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be
delivered by certified mail, return receipt requested, or in person to the other party's contract
manager with proof of delivery.
b. Termination Because of Lack of Funds. In the event funds to finance this contract
become unavailable, either party may terminate this contract upon no less than twenty-four
(24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or
in person to the other party's contract manager with proof of delivery.
c. Termination for Breach. This contract may be terminated by one party, upon no less
than thirty (30) days notice, because of the other party's failure to perform an obligation
hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in
person to the other party's contract manager with proof of delivery. Waiver of breach of any
provisions of this contract shall not be deemed to be a waiver of any other breach and shall
not be construed to be a modification of the terms of this contract.
9. MISCELLANEOUS. The parties further agree:
a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance
or payment hereunder, extends beyond the fiscal year beginning July 1, 2015, it is agreed
that the performance and payment under this Agreement are contingent upon an annual
appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes.
b. Contract Managers. The name and address of the contract managers for the parties
under this contract are as follows:
For the State:
For the County:
Traci Fox Beth Ryder
Name Name
Finance and Accountinq Director III Community Services Director
Title Title
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SIGNED BY:
NAME: Paula A. Lewis
TITLE: Chair
DATE:
ATTESTED TO:
SIGNED BY:
NAME:
TITLE: Clerk of the Court
DATE:
St. Lucie County Health Department
5150 NW Milner Drive
Port St. Lucie . FL 34983
Address
772-8734885
Telephone
St. Lucie County
437 7t" Street
Ft. Pierce ,FL 34952
Address
772-462-1772
Telephone
If different contract managers are designated after execution of this contract, the name,
address and telephone number of the new representative shall be furnished in writing to the
other parties and attached to originals of this contract.
c. Captions. The captions and headings contained in this contract are for the
convenience of the parties only and do not in any way modify, amplify, or give additional
notice of the provisions hereof.
In WITNESS THEREOF, the parties hereto have caused this 19 page contract, with its
attachments as referenced, including Attachment I (two pages), Attachment II (six pages),
Attachment III (one pages), Attachment IV (one pages), and Attachment V ( one pages), to
be executed by their undersigned officials as duly authorized effective the 1s' day of October,
2015.
BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA
FOR St. Lucie COUNTY DEPARTMENT OF HEALTH
SIGNED BY:
NAME: John H. Armstrong, MD •
TITLE: Surgeon General/Secretary of Health
DATE:
SIGNED BY: C)"� fo'�
NAME: Clint Sperber
TITLE: CnnHD Director/Administrator
DATE: (��i��' o�, .L0
11
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ATTACHMENT
ST. LUCIE COUNTY HEALTH DEPARTMENT
PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING
COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS
Some health services must comply with specific program and reporting requirements in addition to the Personal Health
Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of
federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must
comply with the special reporting requirements for that service. The services and the reporting requirements are listed
below:
Service
1. Sexually Transmitted Disease
Program
2. Dental Health
3. Special Supplemental Nutrition
Program for Women, Infants and
Children (including the WIC
Breastfeeding Peer Counseling
Program)
4. Healthy Start/ Improved Pregnancy
Outcome
Requirement
Requirements as specified in F.A.C. 64D-3, F.S. 381 and F.S. 384.
Periodic financial and programmatic reports as specified by the
program office.
Service documentation and monthly financial reports as specified in
DHM 150-24* and all federal, state and county requirements
detailed in program manuals and published procedures.
Requirements as specified in the 2007 Healthy Start Standards and
Guidelines and as specified by the Healthy Start Coalitions in
contract with each county health department.
5. Family Planning Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et
seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215
(OMB Circular A-110) OMB Circular A-102, F.S. 381.0051, F.A.C.
6417-7, F.A.C. 64F-16, and F.A.C. 64F-19. Requirements and
Guidance as specified in the Program Requirements for Title X
Funded Family Planning Projects (Title X Requirements)(2014) and
the Providing Quality Family Planning Services (QFP):
Recommendations of CDC and the U.S. Office of Population Affairs
published on the Office of Population Affairs website.
Programmatic annual reports as specified by the program office as
specified in the annual programmatic Scope of Work for Family
Planning and Maternal Child Health Services, including the Family
Planning Annual Report (FPAR), and other minimum guidelines as
specified by the Policy Web Technical Assistance Guidelines.
6. Immunization Periodic reports as specified by the department pertaining to
immunization levels in kindergarten and/or seventh grade pursuant
to instructions contained in the Immunization Guidelines -Florida
Schools, Childcare Facilities and Family Daycare Homes (DH Form
150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports
as specified by the department pertaining to the
surveillance/investigation of reportable vaccine -preventable
diseases, adverse events, vaccine accountability, and assessment
of immunization
ATTACHMENT I (Continued)
Attac Packet Pg. 119
7
91
levels as documented in Florida SHOTS and supported by CHD
Guidebook policies and technical assistance guidance.
Environmental Health Requirements as specified in Environmental Health Programs
Manual 150-4* and DHP 50-21*
HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030
and 64D-3.031. Case reporting should be on Adult HIV/AIDS
Confidential Case Report CDC Form DH2139 and Pediatric
HIV/AIDS Confidential Case Report CDC Form DH2140.
School Health Services
10. Tuberculosis
11
Requirements as specified in F.A.C. 64D-2 and 64D-3, F.S. 381 and
F.S. 384. Socio-demographic and risk data on persons tested for
HIV in CHD clinics should be reported on Lab Request DH Form
1628 in accordance with the Forms Instruction Guide.
Requirements for the HIV/AIDS Patient Care programs are found in
the Patient Care Contract Administrative Guidelines.
Requirements as specified in the Florida School Health
Administrative Guidelines (May 2012). Requirements as specified
in F.S. 381.0056, F.S. 381.0057, F.S. 402.3026 and F.A.C. 64F-6.
Tuberculosis Program Requirements as specified in F.A.C. 64D-3
and F.S. 392.
General Communicable Disease Carry out surveillance for reportable communicable and other acute
Control diseases, detect outbreaks, respond to individual cases of
reportable diseases, investigate outbreaks, and carry out
communication and quality assurance functions, as specified in
F.A.C. 64D-3, F.S. 381, F.S. 384 and the CHD Epidemiology Guide
to Surveillance and Investigations.
12. Refugee Health Program
Programmatic and financial requirements as specified by the
program office.
*or the subsequent replacement if adopted during the contract period.
Attac Packet Pg. 120
ATTACHMENT II
ST. LUCIE COUNTY HEALTH DEPARTMENT
PART I. PLANNED USE OF COUNTY HEALTH DEPARTMENT TRUST FUND BALANCES
Estimated State Estimated County.
Share of CHD Trust Share of CHD Trust
Fund Balance Fund Balance Total
1. CHD Trust Fund Ending Balance 09/30/15
$ 818,814.00 $ 8,271.00 $ 827,085.00
2. Drawdown for Contract Year
October 1, 2015 to September 30, 2016
$ - $ 153,085.00 $ 153,085.00
Medicaid Buyback
$ (34,364.00)
3. Special Capital Project use for Contract Year
October 1, 2015 to September 30, 2016
4. Balance Reserved for Contingency Fund
October 1, 2015 to September 30, 2016
$ (34, 364.00)
$ 784,450.00 $ 161,356.00 $ 945,806.00
Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects, and mobile health vans.
Attachment Packet Pg. 121
ATTACHMENT II
ST. LUCIE COUNTY HEALTH DEPARTMENT
Part II, Sources of Contributions to County Health Department
October 1, 2015 to September 30, 2016
State CHD
County
Total CHD
Trust Fund
CHD
Trust Fund
Other
#< t
(cash)
Trust Fund
_a
(cash)
� --
Contribution
..___..__.._ .
Total
1. GENERAL REVENUE - STATE
015040
AIDS PATIENT CARE
195,000
0
195,000
0
195,0
015040
AIDS PREVENTION & SURVEILLANCE - GENERAL REVENUE
89,214
0
89,214
0
89,2
015040
CHD - TB COMMUNITY PROGRAM
146,568
0
146,568
0
146,5
015040
SEXUALLY TRANSMITTED DISEASE CONTROL PROGRAM GR
49,514
0
49,514
0
49,5
j
015040
DENTAL SPECIAL INITIATIVE PROJECTS
6,597
0
6,597
0
6,5
r
C
015040
FAMILY PLANNING GENERAL REVENUE
47,523
0
47,523
0
47,5
O
U
015040
PRIMARY CARE PROGRAM
309,562
0
309,562
0
309,5
+�
C
015040
SCHOOL HEALTH SERVICES - GENERAL REVENUE
220,514
0
220,514
0
220,5
d
E
015040
DOH RESPONSE TO TERRORISM
71,361
0
71,361
0
71,3
R
015050
CHD GENERAL REVENUE NON -CATEGORICAL
1,372,237
0
1,372,237
0
1,372,2
GENERAL REVENUE TOTAL
2,508,090
0
2,508,090
0
2,508,C
t
2. NON GENERAL REVENUE - STATE
O
2
015010
STATE UNDERGROUND PETROLEUM RESPONSE ACT
8,972
0
8,972
0
8,9
015010
ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM
9,681
0
9,681
0
9,E
N
015010
TOBACCO STATE AND COMMUNITY INTERVENTIONS
181,607
0
181,607
0
181,E
0
015010
TOBACCO NON PILOT EXPENDITURES
23,000
0
23,000
0
23,(
N
NON GENERAL
REVENUE TOTAL
223,260
0
223,260
0
223,2
0
M_
3. FEDERAL FUNDS - STATE
�p
007000
AIDS DRUG ASSISTANCE PROGRAM ADMIN
69,781
0
69,781
0
69, i
T
N
007000
AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ
23,260
0
23,260
0
23,2
to
007000
AFRICAN AMERICAN HIV TESTING INITIATIVE/CLINICAL
199,072
0
199,072
0
199,(
N
007000
AFRICAN AMERICAN HIV TESTING INITIATIVE/NONCLINC
63,000
0
63,000
0
63,(
C
(D
007000
BIOTERRORISM HOSPITAL PREPAREDNESS
177,833
0
177,833
0
177,E
E
007000
WIC BREASTFEEDING PEER COUNSELING PROG
52,102
0
52,102
0
52.1
.r
Q
007000
COASTAL BEACH WATER QUALITY MONITORING
9,735
0
9,735
0
9,'
)
007000
COMPREHENSIVE COMMUNITY CARDIO - PHBG
15,000
0
15,000
0
15,(
t
.r
007000
FAMILY PLANNING TITLE X - GRANT
83,657
0
83,657
0
83,E
M
007000
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
423,070
0
423,070
0
423,(
_
007000
IMMUNIZATION ACTION PLAN
17,922
0
17,922
0
17,!
r
r_
007000
MCH SPECIAL PROJCT DENTAL
26,873
0
26,873
0
26,7
E
t
007000
PHP PUBLIC HEALTH PREPAREDNESS BASE ALLOC
319,976
0
319,976
0
319,!
U
007000
AIDS PREVENTION
404,611
0
404,611
0
404,1
M
Q
007000
RYAN WHITE TITLE II CARE GRANT
71,841
0
71,841
0
71,:
007000
RYAN WHITE TITLE II GRANT/CHD CONSORTIUM
2,096,699
0
2,096,699
0
2,096,1
007000
RYAN WHITE - EMERGING COMMUNITIES
179,992
0
179,992
0
179,'
007000
IMPROVING STD PROGRAMS
71,057
0
71,057
0
71,
007000
FLORIDA STD SURVEILLANCE NETWORI{ PART A
850
0
850
0
007000
WIC PROGRAM ADMINISTRATION
1,384,395
0
1,384,395
0
1,384,
015075
INSPECTIONS OF SUMMER FEEDING PROGRAM - DOE
3,052
0
3,052
0
3,
015075
SUPPLEMENTAL SCHOOL HEALTH
32,383
0
32,383
0
32,
015075
REFUGEE HEALTH SCREENING REIMBURSEMENT
13,000
0
13,000
0
13,
FEDERAL FUNDS TOTAL
5,739,161
0
5,739,161
0
5,739,161
Atta
Packet Pg. 122
ATTACHMENT II
ST. LUCIE COUNTY HEALTH DEPARTMENT
Part II, Sources of Contributions to County Health Department
October 1, 2015 to
September 30, 2016
State CHD
County
Total CHD
Trust Fund
CHD
Trust Fund
Other
(cash)
Trust Fund
(cash)
Contribution
Total
4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE
001020 CHD STATEWIDE ENVIRONMENTAL FEES
130,450
0
130,450
0
130,4
001092 CHD STATEWIDE ENVIRONMENTAL FEES
101,800
0
101,800
0
101,E
001206 ON SITE SEWAGE DISPOSAL PERMIT FEES
6,988
0
6,988
0
6,f
j
001206 SANITATION CERTIFICATES (FOOD INSPECTION)
2,012
0
2,012
0
2,(
L
001206 SEPTIC TANI{ RESEARCH SURCHARGE
1,060
0
1,060
0
1,C
O
001206 PUBLIC SWIMMING POOL PERMIT FEES-10% HQ TRANSFER
3,500
0
3,500
0
3,C
+r
C
001206 DRINKING WATER PROGRAM OPERATIONS
2,151
0
2,151
0
2,1
d
E
001206 REGULATION OF BODY PIERCING SALONS
75
0
75
0
t4
001206 TANNING FACILITIES
12
0
12
0
001206 ONSITE SEWAGE TRAINING CENTER
75
0
75
0
0
t
001206 TATTO PROGRAM ENVIRONMENTAL HEALTH
880
0
880
0
E
001206 MOBILE HOME & RV PARK FEES
1,247
0
1,247
0
1,2
_
FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL
250,250
0
250,250
0
250,e
N
5. OTHER CASH CONTRIBUTIONS - STATE:
LO
0
0
0
0
0
N
090001 DRAW DOWN FROM PUBLIC HEALTH UNIT
0
0
0
0
OTHER CASH CONTRIBUTION TOTAL
0
0
0
0
0
M
�D
6. MEDICAID - STATE/COUNTY
T
o
N
001057 CHD CLINIC FEES
0
322,298
322,298
0
322,e
Lo
001057 PROJECT AIDS CARE CASE MANAGEMENT
0
301,420
301,420
0
301,4
N
001148 CHD CLINIC FEES
0
820,365
820,365
0
820,
r_
MEDICAID TOTAL
0
1,444,083
1,444,083
0
1,444,E
L
Q
7. ALLOCABLE REVENUE - STATE:
0
0
0
0
t
ALLOCABLE REVENUE TOTAL
0
0
0
0
2
8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE
ADAP
0
0
0
835,828
835,E
PHARMACY DRUG PROGRAM
0
0
0
104,655
104,E
v
WIC PROGRAM
0
0
0
6,228,316
6,228,E
Q
BUREAU OF PUBLIC HEALTH LABORATORIES
0
0
0
44,660
44,E
IMMUNIZATIONS
0
0
0
134,457
134,,
OTHER STATE CONTRIBUTIONS TOTAL
0
0
0
7,347,916
7,347,'
9. DIRECT LOCAL CONTRIBUTIONS - BCC/TAX DISTRICT
008005 CHD LOCAL REVENUE & EXPENDITURES
0
887,647
887,647
0
887,E
008040 CHD LOCAL REVENUE & EXPENDITURES
0
30,000
30,000
0
30,(
DIRECT COUNTY CONTRIBUTIONS TOTAL
0
917,647
917,647
0
917,E
10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY
001077 CHD CLINIC FEES
0
260,105
260,105
0
260,105
Attar
Packet Pg. 123
ATTACHMENT II
ST. LUCIE COUNTY HEALTH DEPARTMENT
Part II, Sources of Contributions to County Health Department
October 1, 2015 to September 30, 2016
State CHD
County
Total CHD
Trust Fund
CHD
Trust Fund
Other .
(cash)
Trust Fund '. _
_ (cash) ,;__
_Contribution.__
001077 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES
0 1,400
1,400
0
1"
001094 CHD LOCAL ENVIRONMENTAL FEES
0 180,309
180,309
0
180,!
001110 VITAL STATISTICS CERTIFIED RECORDS
0 250,200
250,200
0
250,!
FEES AUTHORIZED BY COUNTY TOTAL
0 692,014
692,014
0
692,1
11. OTHER CASH AND LOCAL CONTRIBUTIONS • COUNTY
r
P
L
001029 CHD CLINIC FEES
0 108,274
108,274
0
108,7
f+
0
001090 CHD CLINIC FEES
0 10,390
10,390
0
10,,
U
005000 CHD LOCAL REVENUE & EXPENDITURES
0 7,835
7,835
0
7,7
d
010400 CHD SALE OF SERVICES IN OR OUTSIDE OF STATE GOVT
0 400
400
0
E
011000 HUG ME PROGRAM • HEALTHY START COALITION
0 69,020
69,020
0
69,1
R
OL
011000 CHD LOCAL REVENUE & EXPENDITURES
0 96,205
96,205
0
96,!
Q
011000 SCHOOL HEALTH CLINICS FUNDED BY SCHOOL BOARD
0 106,000
106,000
0
106,1
011001 CHD HEALTHY START COALITION CONTRACT
0 547,103
547,103
0
547,
_r
2
012020 CHD LOCAL ENVIRONMENTAL FEES
0 6,650
6,650
0
6,1
ca
090002 DRAW DOWN FROM PUBLIC HEALTH UNIT
0 •153,085
•153,085
0
-153,1
T
o
N
OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL
0 798,792
798,792
0
798,'
LO
0
N
12. ALLOCABLE REVENUE - COUNTY
0 0
0
0
C
COUNTY ALLOCABLE REVENUE TOTAL
0 0
0
0
co
13. BUILDINGS - COUNTY
T
N
ANNUAL RENTAL EQUIVALENT VALUE
0 0
0
720,000
720,
Lo
OTHER (Specify)
0 0
0
0
N
UTILITIES
0 0
0
0
BUILDING MAINTENANCE
0 0
0
0
E
.r
GROUNDS MAINTENANCE
0 0
0
0
Q
INSURANCE
0 0
0
0
OTHER (Specify)
0 0
0
0
r
OTHER (Specify)
0 0
0
0
BUILDINGS TOTAL
0 0
0
720,000
720,
_
C
14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND COUNTY
E
EQUIPMENT / VEHICLE PURCHASES
0 0
0
0
s
v
VEHICLE INSURANCE
0 0
0
0
Q
VEHICLE MAINTENANCE
0 0
0
0
OTHER COUNTY CONTRIBUTION (SPECIFY)
0 0
0
0
OTHER COUNTY CONTRIBUTION (SPECIFY)
0 0
0
0
OTHER COUNTY CONTRIBUTIONS TOTAL
0 0
0
0
GRAND TOTAL CHD PROGRAM 8,720,761
3,852,536
12,573,297
8,067,916
20,641
" Packet Pg. 124
ATTACHMENT
H
ST.
LUCIE COUNTY HEALTH DEPARTMENT
Part III, Planned Staffing.
Clients, Services and Expenditures
By Program
Service Area Within Each Level of Service
October 1,
2015 to September 30,
2016
Quarterly Expenditure Plan
FTE"s
Clients Services/
1st
2nd
3rd
4th
Grand.:
(0.00)
Units
Visits
(Whole dollars only)
State
County v
Total
A. COMMUNICABLE DISEASE CONTROL:
IMMUNIZATION (101)
3.36
2,104
2.768
53,862
62,824
53,862
62,824
63,178
170.194
233,31
SEXUALLY TRANS. DIS. (102)
7.99
1,899
3.003
114,300
133,317
114,300
133,317
121,421
373,813
495,2�
HIV/AIDS PREVENTION (03A1)
7.10
3,837
5,448
156,837
182,931
156,837
182,931
679,536
0
679,51-
HIV/AIDS SURVEILLANCE (03A2)
1.15
11
62
21,163
24,685
21,163
24,685
91,696
0
91,6E
HIV/AIDS PATIENT CARE (03A3)
40.49
2,735
20,635
764,293
891,454
764,293
891,455
2,940.743
370,752
3,311,4E
r
(Vp
L
ADAP (03A4).
2.55
210
1,210
35,271
41,139
35,271
41,138
152,819
0
152,81
f+
r-
O
TUBERCULOSIS (104)
3.69
423
1,480
56,902
66,369
56,902
66,370
211,934
34,609
246.54
L)
C
COMM. DIS. SURV. (106)
3.35
276
10,293
56,235
65.591
56,235
65,591
0
243,652
243,6E
HEPATITIS (109)
0.01
31
38
181
212
181
212
786
0
7E
t4
PREPAREDNESS AND RESPONSE (116)
3.91
0
1,055
127,560
148,783
127,560
148,783
552,686
0
552,6E
0
REFUGEE HEALTH (118)
0.23
42
97
3,902
4,551
3,902
4,551
16,906
0
16,9(
t
VITAL RECORDS (180)
1.76
7,979
16,498
25,408
29,635
25,408
29,634
0
110,085
110,0E
_r
f4
O
2
COMMUNICABLE DISEASE SUBTOTAL
75.59
19,547
62,587
1,415,914
1,651,491
1,415,914
1,651,491
4,831,705
1,303,105
6,134,83
Lp
B. PRIMARY CARE:
T
N
CHRONIC DISEASE PREVENTION PRO (210)
1.20
599
2,619
28,126
32,806
28,126
32,806
71,864
50,000
121,8(
O
WIC (21W1)
25.55
25,852
127,397
370,182
431,772
370,182
431,772
1,602,108
1,800
1,603,9(
N
TOBACCO USE INTERVENTION (212)
2.87
0
305
49,221
57,410
49,221
57,411
213,263
0
213,2(
ti
O
WIC BREASTFEEDING PEER COUNSELING (21W2)
2.30
0
4,813
16,537
19,288
16.537
19,287
71,649
0
71,64
FAMILY PLANNING (223)
5.01
1,190
2,010
78,057
91,044
78,057
91,043
192,476
145,725
338,2(
O
IMPROVED PREGNANCY OUTCOME (225)
0.00
0
0
0
0
0
0
0
0
N
LO
HEALTHY START PRENATAL (227)
3.05
945
4,500
50,360
58,739
50,360
58,740
0
218,199
218,1:
O
fV
COMPREHENSIVE CHILD HEALTH (229)
5.77
664
1,497
81,728
95,326
81,728
95,325
230,713
123,394
354,1(
C
O
HEALTHY START CHILD (231)
2.16
490
2,829
30,164
35,182
30,164
35,182
130,692
0
130,6'.
E
r
SCHOOL HEALTH (234)
13.16
0
537,489
194,555
226,925
194,555
226,926
390,565
452,396
842,9E
L
R
!Z
O
COMPREHENSIVE ADULT HEALTH (237)
7.52
2,160
5,753
107,462
125,342
107,462
125,342
323,117
142,491
465,6(
Q
t
COMMUNITY HEALTH DEVELOPMENT (238)
0.75
0
224
17,300
20,178
17,300
20,178
74,956
0
74,9!
t4
DENTAL HEALTH (240)
16.31
5,700
11,128
283,638
330,829
283,638
330,829
148,637
1,080,297
1,228,9i
=
PRIMARY CARE SUBTOTAL
85.65
37,600
700,564
1,307,330
1,524,841
1,307,330
1,524,841
3,450,040
2,214,302
5,664,3,
O
C. ENVIRONMENTAL HEALTH:
E
t
Water and Onsite Sewage Programs
U
COSTAL BEACH MONITORING (347)
0.11
242
249
3,707
4,324
3,707
4,325
14,754
1,309
16,01
Q
LIMITED USE PUBLIC WATER SYSTEMS (357)
1.50
263
2,643
25,327
29,541
25,327
29,541
35,421
74,315
109,7:
PUBLIC WATER SYSTEM (358)
0.00
0
0
22
26
22
25
74
21
!
PRIVATE WATER SYSTEM (359)
1.11
414
1,106
15,311
17,858
15,311
17,857
422
65,915
66,3:
ONSITE SEWAGE TREATMENT & DISPOSAL (361)
2.48
776
1,437
34,751
40,533
34,751
40,534
104,657
45,912
150.51
Group Total
5.20
1,695
5,435
79,118
92,282
79,118
92,282
155,328
187,472
342,8
Facility Programs
TATTOO FACILITY SERVICES (344)
0.15
0
46
2,223
2,593
2,223
2.594
7,407
2,226
9,6
FOOD HYGIENE (348)
0.84
122
531
11,971
13,963
11,971
13,962
38,971
12,896
51,8
Packet Pg. 125
ATTACHMENT
II
ST.
LUCIE COUNTY HEALTH DEPARTMENT
Part III, Planned Staffing.
Clients, Services and
Expenditures
By Program Service Area Within Each Level of Service
October 1, 2016 to September 30,
2016
Quarterly
Expenditure
Plan
FTE's
Clients Services/
let
2nd
3rd
4th
Grand
(0.00)
Units
Visits,
(Whole dollars
only)
State
County
Total
BODY PIERCING FACILITIES SERVICES (349)
0.02
5
12
759
885
759
884
2,964
323
3,2E
GROUP CARE FACILITY (351)
0.43
108
192
5,878
6,856
5,878
6,856
5,372
20,096
25,4E
MIGRANT LABOR CAMP (352)
0.06
3
23
1,003
1,169
1,003
1,169
3,787
557
4,3,
HOUSING & PUB. BLDG. (353)
0.00
0
0
0
0
0
0
0
0
MOBILE: HOME AND PARK (354)
0.28
35
66
3,780
4,408
3,780
4,408
13,062
3,314
16,X
r
POOLS/BATHING PLACES (360)
1.32
428
1,313
19,203
22,398
19,203
22,399
61,166
22,037
83,2(
V
fC
L
BIOMEDICAL WASTE SERVICES (364)
0.78
378
404
9,917
11,567
9,917
11,568
31,113
11,856
42,9(
f+
TANNING FACILITY SERVICES (369)
0.02
3
11
713
832
713
831
2,767
322
3,0E
L)
C
Group Total
3.90
1,082
2,598
55,447
64,671
55,447
64,671
166,609
73,627
240,2;
d
E
Groundwater Contamination
STORAGE TANK COMPLIANCE SERVICES (355)
0.00
0
0
0
0
0
0
0
0
CL
SUPER ACT SERVICES (356)
0.19
3
79
2,992
3,490
2,992
3,490
10,687
2,277
12,9E
t
Group Total
0.19
3
79
2,992
3,490
2,992
3,490
10,687
2,277
12,9E
_r
2
Community Hygiene
tD
COMMUNITY ENVIR. HEALTH (345)
0.00
0
0
0
0
0
0
0
0
T
O
N
INJURY PREVENTION (346)
1.40
0
48
22,376
26,099
22,376
26,100
30,888
66,063
96,9;
O
LEAD MONITORING SERVICES (350)
0.00
0
0
0
0
0
0
0
0
N
PUBLIC SEWAGE (362)
0.00
0
0
0
0
0
0
0
0
ti
O
SOLID WASTE DISPOSAL SERVICE (363)
0.00
0
0
0
0
0
0
0
0
SANITARY NUISANCE (365)
0.36
54
161
4,549
5,306
4,549
5,305
15,362
4,347
19,7(
O
RABIES SURVEILLANCE (366)
0.08
0
44
1,632
1,904
1,632
1,903
6,075
996
7,09
N
LO
ARBORVIRUS SURVEIL. (367)
0.00
0
0
59
69
59
69
198
58
2:
O
N
RODENT/ARTHROPOD CONTROL (368)
0.00
0
0
0
0
0
0
0
0
WATER POLLUTION (370)
0.00
0
0
11
13
11
12
37
10
E
INDOOR AIR (371)
0.02
0
0
403
470
403
471
1,468
279
1.7,
L
Q
RADIOLOGICAL HEALTH (372)
0.00
0
0
0
0
0
0
0
0
0
t
TOXIC SUBSTANCES (373)
0.00
0
0
0
0
0
0
0
0
Group Total
1.86
54
253
29,030
33,861
29,030
33,860
54,028
71,753
125,7E
2
ENVIRONMENTAL HEALTH SUBTOTAL
11.15
2,834
8,365
166,587
194,304
166,587
194,303
386,652
335,129
721,7E
D. NON -OPERATIONAL COSTS:
E
t
NONOPERATIONAL COSTS (599)
0.00
0
0
0
0
0
0
0
0
V
ENVIRONMENTAL HEALTH SURCHARGE (399)
0.00
0
0
4,154
4,846
4,154
4,846
18,000
0
18,01
Q
MEDICAID BUYBACI{ (611)
0.00
0
0
7,931
9,251
7,931
9,251
34,364
0
34,31
NONOPERATIONAL COSTS SUBTOTAL
0.00
0
0
12,085
14,097
12,085
14,097
52,364
0
52,31
TOTAL CONTRACT
172.39
59,981
771,516
2,901,916
3,384,733
2,901,916
3.384.732
8,720,761
3,852,536
12,573,2!
Packet Pg. 126
ATTACHMENT III
ST. LUCIE COUNTY HEALTH DEPARTMENT
CIVIL RIGHTS CERTIFICATE
The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans,
contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to
programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete
the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted
during the contract period), if so requested by the department.
The applicant assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits
discrimination on the basis of race, color or national origin in programs and activities receiving or
benefiting from federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination
on the basis of handicap in programs and activities receiving or benefiting from federal financial
assistance.
3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits
discrimination on the basis of sex in education programs and activities receiving or benefiting from
federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination
on the basis of age in programs or activities receiving or benefiting from federal financial assistance.
5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis
of sex and religion in programs and activities receiving or benefiting from federal financial assistance.
6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees
that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal
financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees
for the period during which such assistance is provided. The applicant further assures that all contracts,
subcontractors, subgrantees or others with whom it arranges to provide services or benefits to
participants or employees in connection with any of its programs and activities are not discriminating
against those participants or employees in violation of the above statutes, regulations, guidelines, and
standards. In the event of failure to comply, the applicant understands that the grantor may, at its
discretion, seek a court order requiring compliance with the terms of this assurance or seek other
appropriate judicial or administrative relief, to include assistance being terminated and further assistance
being denied.
Attach Packet Pg. 127
ATTACHMENT IV
ST. LUCIE COUNTY HEALTH DEPARTMENT
FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT
Facility
Description Location Owned By
ST. LUCIE COUNTY HEALTH 714 Ave C Ft. Pierce FL 34952 St. Lucie County
DEPARTMENT WIC/HIV/Dental/TB
ST. LUCIE COUNTY HEALTH
DEPARTMENT Admin/Clinic
ST. LUCIE COUNTY HEALTH
DEPARTMENT EH/ SH/Tobacco
ST, LUCIE COUNTY HEALTH
DEPARTMENT WIC/Dental
5150 NW Milner Dr Port St. Lucie, FL 34983 St. Lucie County
3855 South US 1 Ft. Pierce, FL 34982
531 NW Lake Whitney Port St. Lucie, FL
34986
St. Lucie County
C & W South Invest
Attar Packet Pg. 128
CONTRACT YEAR
2014-2015*
2015-2016**
2016-2017***
2017-2018***
PROJECT TOTAL
PROJECT NUMBER:
PROJECT NAME:
LOCATION/ADDRESS:
PROJECT TYPE:
SQUARE FOOTAGE:
PROJECT SUMMARY:
ATTACHMENT V
ST. LUCIE COUNTY HEALTH DEPARTMENT
SPECIAL PROJECTS SAVINGS PLAN
CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS
STATE COUNTY
$ 0 $ 0
$ 0 $ 0
$ 0 $ 0
$ 0 $ 0
$ 0 $ 0
SPECIAL PROJECTS CONSTRUCTION/RENOVATION PLAN
NEW BUILDING
RENOVATION
NEW ADDITION
Describe scope of work in reasonable detail.
START DATE (Initial expenditure of funds)
COMPLETION DATE:
DESIGN FEES: $
CONSTRUCTION COSTS: $
FURNITURE/EQUIPMENT: $
TOTAL PROJECT COST: $
COST PER SQ FOOT: $
0
0
ROOFING
PLANNING STUDY
OTHER
TOTAL
$ 0
$ 0
$ 0
$ 0
$ 0
Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects and
mobile health vans.
* Cash balance as of 9/30/15
** Cash to be transferred to FCO account.
*** Cash anticipated for future contract years.
A" Packet Pg. 129
8.C.1
ITEM NO. RES-2015-173
TO:
PRESENTED BY:
SUBMITTED BY:
I•41I 1"F
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Stefanie Myers, Human Services Manager
Human Services Division
DATE: 09/15/2015
*CONSENT
AGENDA\COMMUNITY
SERVICES
Budget Resolution - Florida Department of Transportation (FDOT) Service
Development Grant for Medical Access Shuttle
In support of health access for disadvantaged residents, FDOT identified funding for a Service
Development grant to provide shuttle services to area medical clinics, as well as afterhour's service
through the Transportation Coordination Network. FDOT has allocated $20,000 for operating assistance,
which requires match of $20,000 paid from the Transit Municipal Services Taxing Unit and other local
funding sources. The contracted provider will receive $40,000 to implement the new route. The
agreement provides for the possibility of future supplemental funding, contingent upon performance.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
These grant funds were not confirmed prior to the approval of the FY15 budget and a budget needs to be
established. Matching funds will be provided from the Transit Muncipal Services Taxing Unit and other
local funding sources. Grant funds will be deposited into FDOT Service Development Grant for Medical
Access Shuttle (130221-4910-334493-400). Please see associated agenda item.
RECOMMENDATION:
Staff recommends Board approval of the Budget Resolution and authorization for the Chair to sign
documents, as approved by the County Attorney.
14ca ►] "Wifi;1-[9P►I_Ts"191 F
Packet Pg. 130
8.C.1
Coordination/Signatures
yder, Community Services Dir r 9/2/2015
4aniels. McIntyre, C my ttorney 9/3/2015
r
Paula A. Lewis, Distract No. 3, Chair 9/15/2015
Updated: 9/2/2015 4:49 PM by Stefanie Myers Page 2
Packet Pg. 131
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 Florida Department of Transportation (FDOT) through a Grant Agreement, in the amount of
$20,000, for the Community Services FDOT Service Development Grant-TCN-Clinic.
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 15th day of September, 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
130221-4910-334493-400
APPROPRIATIONS
130221-4910-582015-400
Florida Dept. of Transportation
Council on Aging
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 15TH DAY OF SEPTEMBER 2015.
ATTEST:
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$20,000 v
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$20,000
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BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
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Packet Pg. 132
8.C.2
ITEM NO. RES-2015-175
TO:
PRESENTED BY:
SUBMITTED BY:
I•41I 1"F
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Stefanie Myers, Human Services Manager
Human Services Division
DATE: 09/15/2015
*CONSENT
AGENDA\COMMUNITY
SERVICES
Grant Acceptance - FDOT Service Development Grant for Medical Access
Shuttle
In support of health access for disadvantaged residents, FDOT identified funding for a Service
Development grant to provide shuttle services from the 81" Street Intermodal Facility to area medical
clinics (e.g., HANDS), as well as afterhour's service through the Transportation Coordination Network.
FDOT has allocated $20,000 for operating assistance, which requires match of $20,000 paid from the
Transit Municipal Services Taxing Unit and other local funding sources. The contracted provider will
receive $40,000 to implement the new route. The agreement provides for the possibility of future
supplemental funding, contingent upon performance.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
See associated item for budget resolution.
RECOMMENDATION:
Staff recommends Board acceptance of the FDOT Service Development grant (FM#438525-1-84-01),
approval of executing resolution and sub -grant agreement, and authorization for the Chair to sign
documents, as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 133
8.C.2
Coordination/Signatures
yder, Community Services Dir r 9/2/2015
4aniels. McIntyre, C my ttorney 9/3/2015
r
Paula A. Lewis, Distract No. 3, Chair 9/15/2015
Updated: 9/8/2015 11:58 AM by Donna Calise Page 2
Packet Pg. 134
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
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Financial Project No.:
438525-1-84-01
(item-seg ment-phase-seq uence)
Contract No.:
CFDA Number:
Fund: DPTO
Function: 215
Federal No.:
DUNS No.: 80-939-7102
Agency DUNS No.:
FLAIR Approp.: 088774
FLAIR Obj.: 751000
Org. Code: 55042010429
Vendor No.: V596000835079
CSFA Number: 55012
CFDA Title: CSFA Title: Service Development
THIS AGREEMENT, made and entered into this day of.
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and St. Lucie County BOCC
2300 Virginia Avenue, Fort Pierce, FL 34982
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 9/30/2020 and this Agreement will expire unless a time extension is provided
in accordance with Section 16.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
341 , Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide Year 1 funding for a supplemental transit service pilot test; including, the Transportation Coordination
Network(TCN) after hours program and the Hands Clinic Shuttle. Additional funds may be available based on
project performance
and as further described in Exhibit(s) A,B,C,D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the
Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. The Department has the option to require
an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion.
3.00 Project Cost: The total estimated cost of the project is $ 40,000.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies, a
in the project in the amount of $ 20,000.00 as detailed in Exhibit "B", or in an amount equal to the H
percentage(s) of total project cost shown in Exhibit "B", whichever is less. Q
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4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective
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date of this agreement. It is understood that State participation in eligible project costs is subject to: E
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(a) Legislative approval of the Department's appropriation request in the work program year that the project is >
scheduled to be committed;
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(b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or it
other obligating documents as required by the Department, and all other terms of this Agreement; to
(c) Department approval of costs in excess of the approved funding or attributable to actions which have not received N
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the required approval of the Department and all other terms of this Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority r
becomes available.
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4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay w
100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph W
4.00.
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5.00 Project Budget and Payment Provisions:
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5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. U
The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with
the latest approved budget for the project. No budget increase or decrease shall E
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or Amendment t
thereto, and is approved by the Department Comptroller. R
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5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled
in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is
submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of goods
and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and
216, Florida Statutes. If the Department determines that the performance of the Participant is unsatisfactory, the Department shall
notify the Participant of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the
Department. The Participant shall, within five days after notice from the Department, provide the Department with a corrective action
plan describing how the Participant will address all issues of contract non-performance, unacceptable performance, failure to meet
the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable
to the Department, the Participant shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount.
The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Participant
resolves the deficiency. If the deficiency is subsequently resolved, the Participant may bill the Department for the retained amount
during the next billing period. If the Participant is unable to resolve the deficiency, the funds retained may be forfeited at the end of
the Agreement's term.
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with
requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments",
separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are
referred to herein collectively as the "project account". Records of costs incurred under terms of this Agreement shall be maintained
in the project account and made available upon request to the Department at all times during the period of this Agreement and for
five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon
request. Records of costs incurred include the Agency's general accounting records and the Project records, together with
supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of
the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or
audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been resolved.
6.20 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required 4)
approval of the Department shall not be considered eligible costs.
6.30 Documentation of Project Costs: All costs charged to the project, including any approved services it
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or N
vouchers evidencing in proper detail the nature and propriety of the charges. to
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6.40 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
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or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
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file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project o
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such N
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6.50 Audit Authority: The administration of Federal or State resources awarded through the Department to the Agency by d
this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority
of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial c
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assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state �?
official. The Agency shall comply with all audit and audit reporting requirements as specified below.
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Part I Federally Funded:
1. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on -site visits by
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 Federal awards provided through the Department by this Agreement. By entering into this Agreement,
the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General.
2. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is
subject to the following requirements:
a. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200,
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Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a
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Federal single or programspecific audit conducted for such fiscal year in accordance with the provisions of OMB
Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR
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Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014.
Exhibit (N/A) to this Agreement provides the required Federal award identification information
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needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning
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before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
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beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must
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consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the
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Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning
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before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
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beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance
.it
with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance
to
with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will
meet the requirements of this part.
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b. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities
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as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR
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Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014.
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c. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning
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before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
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beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements fc
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that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency's audit period for each
applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for
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fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit
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Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects
to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before
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December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal resources (i.e., the cost
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of such an audit must be paid from the Agency's resources obtained from other than Federal entities).
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d. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement.
However, the Department requires a copy of the audit reporting package also be submitted to
FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine
months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before DecembE
26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after
December 26, 2014.
e. Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including
corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate
action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this
Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for
fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy
noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional
conditions, the Department may take appropriate actions to enforce compliance.
As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or
State of Florida Auditor General access to the Agency'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.
g. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit@dot.state.fl.us
Part II State Funded:
1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to
monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by 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 Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate
fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of
Financial Services (DFS) or State of Florida Auditor General.
2. The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial Q
assistance awarded by the Department through this Agreement is subject to the following requirements: d
a. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the c
Agency must have a State single or project -specific audit conducted for such fiscal year in accordance with Section U
215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local 00
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governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
Exhibit D to this Agreement indicates state financial assistance awarded through the
Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97,
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Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all Q
sources of state financial assistance, including state financial assistance received from the Department 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.
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b. In connection with the audit requirements, the Agency 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.
c. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida
Statutes. However, the Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit@dot.state. fl.us no later than nine months after the end of the Agency's audit period for each
applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section
215.97, Florida Statutes, in a 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 Agency's resources (i.e., the cost of such
an audit must be paid from the Agency's resources obtained from other than State entities).
d. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rule
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, Florida 32399-0405
FDOTSingleAudit@dot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
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111 W Madison Street, Room 401
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Tallahassee, FL 32399-1450
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e. Any copies of financial reporting packages, reports or other information required to be submitted to the Department
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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.
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f. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with
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Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
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General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying
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the reporting package.
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g. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including ti
corrective action plans and management letters, to the extent necessary to determine whether timely and appropriateul
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corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the
Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida N
Statutes, the Department may take appropriate corrective action to enforce compliance. V)
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h. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or Q
the Auditor General access to the Agency'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�
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The Agency 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 Department, or its designee, DFS or State of Florida Auditor General
access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department,
or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is
issued unless extended in writing by the Department.
6.60 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will
maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or
casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall
either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility.
The Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments:
7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard , Fort Lauderdale , FL,
33309-3421 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account
(as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions.
7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit
"A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful
completion.
7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit Q
and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". (L
Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. F_
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7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department u_
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and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as
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specified in Section 2.00 and Exhibit "A" has been met. E
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7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and shall be j
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submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the maximum
provided in Chapter 112.061, F.S. U
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7.15 For real property acquired, submit; N
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(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
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actual consideration paid for real property. L6
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(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all w
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
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7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
7.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement; or
7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "B."
7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by
the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for
in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or
other arrangements which have not been approved by the Department
and costs invoiced prior to receipt of annual notification of fund availability.
7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
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10.00 Contracts of the Agency:
10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third party
contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of
Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to
review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause
for nonpayment by the Department as provided in Section 7.23. The Department specifically reserves unto itself the right to review
the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit
Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services
10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' Competitive
Negotiation Act.
10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that
participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual
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services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design,
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and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017
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F.S., is contingent on the Agency complying in full with the provisions of Chapter 287.057 F.S. The Agency's Attorney shall certify
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to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter
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287.057 F.S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section
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comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other
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agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the project
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description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to
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obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for
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nonpayment by the Department as provided in Section 7.23.
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10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
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10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national
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origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the
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award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach
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of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.
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The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any
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DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take
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all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of
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DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as
a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may
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impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
6
1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)
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10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
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11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the
Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the
Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto.
11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the
Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which
among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age.
11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et.
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seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any
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property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business
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entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director,
or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any
combination of them, has a material interest.
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"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business
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The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
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The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
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depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
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agreement between the Agency and an agency of state government.
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11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
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United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising
therefrom.
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12.00 Miscellaneous Provisions:
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12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any
applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable
environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred
in connection therewith.
12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party
other than the Agency.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on
the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no
way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms
and requirements of applicable law.
12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not
to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any
provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the
provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed
as soon as possible with the project.
12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and
equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and
equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further
agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment.
12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control
systems as required by 49 CFR Part 18, when applicable.
12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its
useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply
with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a
proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on
the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement.
12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the
Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except
that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge,
or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees
during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of
services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the
Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss
options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the
Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section.
The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the
participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the
evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that
party is responsible for all expenses at trial.
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13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing
and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification
that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract
documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter
collectively referred to as "plans", the Agency will certify that:
a. All plans comply with federal, state, and professional standards as well as minimum standards established by the
Department as applicable;
b. The plans were developed in accordance with sound engineering and design principles, and with generally accepted
professional standards;
c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well
as the Scope of Services; and
d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
requirements, and other similar regulations.
Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and
specifications to the Department for review and approvals.
14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the
project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title
is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose.
15.00 Appropriation of Funds:
15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation
by the Legislature.
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15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than
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one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall
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not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of
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the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
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subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph
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shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have
a term for a period of more than 1 year."
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16.00 Expiration of Agreement: The Agency agrees to complete the project on or before 9/30/2018 If the Agency
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does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested
by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will
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be considered termination of the project and the procedure established in Section 8.00 of this Agreement shall be initiated.
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16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the
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expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
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17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in
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the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.
18.00 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.
19.00 Restrictions on Lobbying:
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19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to
influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency
20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should
be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and
services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a
request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the
invoice is received or the goods or services are received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a
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separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount
to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest
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penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to
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an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start
until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting
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as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor
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Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236.
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21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a
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public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a
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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
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property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
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contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in
s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
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22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
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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
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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
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be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity. Q
23.00 E-Verify:
Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the Vendor/Contractor during the term of the contract; and
shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
24.00 The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all
subcontracts the obligation to comply with s.20.055(5), Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
St. Lucie County BOCC
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
Stacy L.Miller, P.E.
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
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Financial Project No. 438525-1-84-01
Contract No.
Agreement Date
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and St. Lucie County BOCC
2300 Virginia Avenue, Fort Pierce, FL 34982
referenced by the above Financial Project Number.
PROJECT LOCATION:
St. Lucie County
PROJECT DESCRIPTION:
Supplemental Transit Pilot Test to include the Transportation Coordination Network After Hours Program and the Hands
Clinic Shuttle.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 6.60 of the Agreement shall include a schedule of project assistance that will reflect
the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and
the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding
action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Packet Pg. 149
Financial Project No. 438525-1-84-01
8.C.2.a
Contract No.
Agreement Date
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and St. Lucie County BOCC
2300 Virginia Avenue, Fort Pierce, FL 34982
referenced by the above Financial Project Number.
I. PROJECT COST:
TOTAL PROJECT COST:
II. PARTICIPATION:
Maximum Federal Participation
Agency Participation
In -Kind
Cash
Other
Maximum Department Participation,
Primary
DPTO
Federal Reimbursable
Local Reimbursable
TOTAL PROJECT COST:
$40,000.00
$40,000.00
( %) or $
( %) or $
( 50 %) or $ 20,000.00
( %) or $
( 50 %) or
( %) or
( %) or
$ 20,000.00
$40,000.00
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8.C.2.a
Financial Project No. 438525-1-84-01
Contract No.
Agreement Date
EXHIBIT "C"
(GENERAL - with Safety Requirements)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and St. Lucie County BOCC
2300 Virginia Avenue, Fort Pierce, FL 34982
referenced by the above Financial Project Number.
Reference statutes as applicable.
Mark the required Safety submittal or provisions for this agreement if applicable.
Safety Requirements
X Bus Transit System - In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code, the
Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has
adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter
14-90 and has performed annual safety inspections of all buses operated.
_ Fixed Guideway Transportation System - (established) In accordance with Florida Statute 341.061, the Agency shall
submit, and the Department shall have on file, annual certification by the Agency of compliance with its System
Safety Program Plan, pursuant to Rule Chapter 14-55.
_ Fixed Guideway Transportation System - (new) In accordance with Florida Statute 341.061, the Agency shall submit a
certification attesting to the adoption of a System Safety Program Plan pursuant to Rule Chapter 14-55. Prior to
beginning passenger service operations, the Agency shall submit a certification to the Department that the system
is safe for passenger service.
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8.C.2.a
Financial Project No. 438525-1-84-01
Contract No.
Agreement Date
EXHIBIT "D"
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
(e.g., What services or purposes the resources must be used for)
(e.g., Eligibility requirements for recipients of the resources)
(Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
STATE RESOURCES
State Agency Catalog of State Assistance (Number & Title) Amount
FDOT 55.012 $ 20,000.00
Compliance Requirements
If the project scope changes, the FDOT project manager must be notified in writing, including but not limited to: route
change/length, number and/or size of vehicles, operating hours, fares, number of stops, headway, funding, etc.
DELIVERABLES:
1.) Quarterly reports including ridership data are to be submitted every three months.
2.) A detailed five-year project budget or pro -forma that delineates all operating and capital expenses associated with the
project, clearly defines the expenses associated with the project as it relates to this grant and proposed/projected revenue
stream.
3.) A copy of the service area or route map and/or schedules.
4.) Copy of any third party agreement that is paid for in whole or part with Service Development or Transit Corridor grant funds,
please see section 12.0 of JPA. This includes but is not limited to, purchased transportation services. All third party contracts
must be reviewed by FDOT prior to issuance.
5.) Site visits and route field review may be required by the state project manager to monitor the progress of the project.
Matchina Resources for Federal Proarams
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
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EXHIBIT "D"
8.C.2.a
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
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8.C.2.b
RESOLUTION NO. 15-
A RESOLUTION ACCEPTING THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION PUBLIC
TRANSPORTATION JOINT PARTICIPATION AGREEMENT
(FINANCIAL PROJECT. NO. 436878-1-84-01) FOR O N E
YEAR OF SERVICE DEVELOPMENT FUNDING TO
OPERATE AND PROMOTE A SHUTTLE TO TRANSPORT
PATIENTS TO LOCAL AREA MEDICAL CLINICS THAT ARE
NOT DIRECTLY SERVED VIA THE CURRENT SYSTEM AND
AUTHORIZING THE CHAIR TO EXECUTE THE
AGREEMENT AND AUTHORIZING THE COUNTY
ATTORNEY TO EXECUTE THE AGREEMENT BY
APPROVING IT AS TO FORM AND CORRECTNESS.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. The Florida Department of Transportation has awarded the County o n e
year of service development funding for $20,000 requiring $20,000 in
match for a supplemental transit service pilot program to operate a shuttle for
the Transportation Coordination Network afterhours program and the local medical clinics
(Financial Project No. 438525-1-84-01).
2. The Board should authorize and approve execution of the Public
Transportation Joint Participation Agreement with the State of Florida Department of
Transportation for the above -referenced project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of St. Lucie County, Florida:
1. The Board hereby accepts and approves the Public Transportation Joint
Participation Agreement with the State of Florida (Financial Project No. 438525-1-84-01)
to provide SERVICE DEVELOPMENT FUNDING TO OPERATE A
SUPPLEMENTAL TRANSIT SERVICE PILOT PROGRAM.
2. The Board hereby authorizes the Chair to execute the above -referenced
agreement and further authorizes the County Attorney to execute the agreement by
approving it as to form and correctness.
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8.C.2.b
After motion and second, the vote on the resolution was as follows:
Chair Paula Lewis
Vice -Chair Kim Johnson
Commissioner Chris Dzadovsky
Commissioner Frannie Hutchinson
Commissioner Tod Mowery
PASSED AND DULY ADOPTED this 15 day of September 2015.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
CHAIR
APPROVED AS TO FORM
AND CORRECTNESS:
COUNTY ATTORNEY
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8.C.2.c
RESOLUTION NO. 15-XX
A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT
PARTICIPATION AGREEMENT (FINANCIAL PROJECT. NO. 436878-
1-84-01) FOR ONE YEAR OF SERVICE DEVELOPMENT
FUNDING TO OPERATE AND PROMOTE A SHUTTLE TO
TRANSPORT PATIENTS TO LOCAL AREA MEDICAL CLINICS THAT
ARE NOT DIRECTLY SERVED VIA THE CURRENT SYSTEM
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The Florida Department of Transportation has awarded the County one year of
service development funding for $20,000 requiring $20,000 in match for a supplemental transit
service pilot program to operate a shuttle for the Transportation Coordination Network
afterhours program and the local medical clinics (Financial Project No. 438525-1-84-01).
2. The Board should authorize and approve execution of the Public Transportation
Joint Participation Agreement with the State of Florida Department of Transportation for the
above -referenced project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. The Board hereby accepts and approves the Public Transportation Joint
Participation Agreement with the State of Florida (Financial Project No. 438525-1-84-01) to
provide service development funding to operate a supplemental transit
service pilot program.
2. The Board hereby authorizes the Chair to execute the above -referenced
agreement and further authorizes the County Attorney to execute the agreement by approving
it as to form and correctness.
After motion and second, the vote on the resolution was as follows:
Chair Paula Lewis XX
Vice -Chair Kim Johnson XX
Commissioner Chris Dzadovsky XX
Commissioner Frannie Hutchinson XX
Commissioner Tod Mowery XX
PASSED AND DULY ADOPTED this 15 day of September 2015.
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8.C.2.c
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIR
APPROVED AS TO FORM
AND CORRECTNESS:
COUNTY ATTORNEY
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8.C.2.d
SUBGRANT AGREEMENT
FM NO. 438525-1-84-01
THIS SUBGRANT AGREEMENT, made this day of ,
2015, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida,
hereinafter called the "County," and COUNCIL ON AGING OF ST. LUCIE, INC., a Florida
nonprofit corporation, or its successors, executors, administrators, and assigns,
hereinafter called the "Recipient":
IN CONSIDERATION of the mutual benefits received by each part, the parties
mutually agree as follows:
1. The County shall disperse to the Recipient a subgrant in a total amount not
to exceed forty thousand and 00/100 dollars ($40,000), hereinafter referred to as the
"Grant Agreement." Of this amount, twenty thousand and 00/100 ($20,000) will be from
the Florida Department of Transportation and twenty thousand and 00/100 ($20,000)
from other such eligible transit funding sources as may be available, including the
Municipal Services Taxing Unit. The Recipient shall use the funds dispersed pursuant to
this Agreement for operation of a shuttle service providing afterhours service and to in -
county health clinics, hereinafter called the "Project." The Recipient shall submit requests
for payment to the County in a form acceptable to the County and in accordance with the
terms and conditions of this Agreement.
2. The subgrant shall be used only as set forth in this Agreement. The Recipient
agrees to comply with the terms and conditions of any Joint Participation Agreement
between the County and the Florida Department of Transportation pursuant to which the
County receives funding for the Project, including but not limited to audit and safety
certification requirements. A County property record number shall be affixed to any
equipment purchased with the subgrant funds at a cost of one thousand and 00/100
dollars ($1,000) or more. The Recipient agrees to coordinate with the County
OMB/Purchasing Director in the purchase of any equipment pursuant to this Agreement.
3. The Recipient shall have internal controls adequate to safeguard the
subgrant.
4. If the subgrant cannot be used or a subsequent audit reveals the subgrant
was not used according to this Agreement, any money not so used shall be reimbursed
to the County.
5. The Recipient shall provide an audit, by a certified or duly licensed public
accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the
alternative and subject to prior written approval of the County Budget and Management
Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. In
addition, the Recipient shall provide the County with a copy of the Recipient's annual
audit for each fiscal year during which the Recipient expends funds received pursuant to
this Agreement. The Recipient shall submit all documents required under this paragraph
within ninety (90) days after the end of its last fiscal year during which funds are expended
under this Agreement.
6. The Recipient gives the County the right, until the expiration of three (3) years
after expenditure of funds under this Agreement, to audit the use of the subgrant monies.
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8.C.2.d
Upon demand, the County shall have access to and the right to examine any directly
pertinent books, documents, papers and records of the Recipient involving transactions
related to these subgrant monies. All required records shall be maintained until an audit
is completed and all questions arising therefrom are resolved, or until the expiration of
three (3) years after the expenditure of the funds.
7. The Recipient is and shall be an independent contractor, responsible to all
parties for all of its acts or omissions and the County shall in no way be responsible for
such acts or omission. The Recipient shall and will indemnify and hold harmless the
County from and against any and all liability, claims, damages, expenses, fees, fines,
penalties, suits, proceedings, and actions and cost of actions, including reasonable
attorney's fees of any kind and nature arising or growing out or in any way connected with
the use, occupations, administration or control of the above described services by the
Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury
to person or property, or a loss of life or property of any kind or nature whatsoever
sustained during the term of this Agreement. The Recipient hereby acknowledges that
the payments made under this Agreement include specific consideration for the
indemnification provided herein.
8. The Recipient agrees to comply with all local, state and federal laws, rules
and regulation, the terms of this Agreement.
9. All publications, media productions and exhibit graphics shall include the
following statement: Sponsored in part by the Board of County Commissioners, St. Lucie
County, Florida.
10. The Recipient shall allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the Recipient in conjunction with this Agreement. Specifically, the Recipient
shall:
(a) Allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the Recipient in conjunction with this Agreement.
(b) Keep and maintain public records that ordinarily and necessarily would
be required by the County in order to perform the service.
(c) 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 provided in state law or as otherwise provided by law.
(d) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
(e) Meet all requirements for retaining public records and transfer, at no
cost, to the County all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
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8.C.2.d
All records stored electronically must be provided to the County in a format that is
compatible with the information technology system of the County.
11. Any notice shall be in writing and sent registered or certified mail, postage
and charges prepaid, and addressed to the parties at the following address:
TO THE COUNTY:
St. Lucie County Administrator
Administration Annex
2300 Virginia Avenue, 3rd Floor
Fort Pierce, Florida 34982
WITH COPY TO:
St. Lucie County Attorney
Administration Annex
2300 Virginia Avenues, 3rd Floor
Fort Pierce, Florida 34982
TO THE RECIPIENT:
President/CEO
Council on Aging of St. Lucie, Inc./Community Transit
2501 SW Bayshore Blvd.
Port St. Lucie, Florida 34984
12. No amendment, modification or waiver of this Agreement shall be valid or
effective unless in writing and signed by both parties and no waiver of any breach or
condition of this Agreement shall be deemed to be a waiver of any other conditions or
subsequent breach whether of like or different nature. If the County currently provides or
subsequently provides any forms for agreement modification, the Council agrees to use
said forms.
13. The Recipient represents that it presently has no interest and shall acquire
no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder, as provided for in Florida Statutes 112.311
(2014) and as may be amended from time to time. The Recipient further represents that
no person having any interest shall be employed for said performance.
14. The Recipient shall promptly notify the County in writing by certified mail of
all potential conflicts of interest prohibited by existing state law for any prospective
business association, interest or other circumstance, which may influence or appear to
influence the Recipient's judgment or quality of services being provided hereunder. Such
written notification shall identify the prospective business association, interest or
circumstance, the nature of work that the Recipient may undertake and request an opinion
of the County as to whether the association, interest or circumstance would, in the opinion
of the County, constitute a conflict of interest if entered into by the Recipient. The County
agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of
receipt of notification by the Recipient. If, in the opinion of the County, the prospective
business association, interest or circumstance would not constitute a conflict of interest
by the Recipient, the County shall so state in the notification and shall, at his/her option,
enter into said association, interest or circumstance and it shall be deemed not in conflict
of interest with respect to services provided to the County by the Recipient under the
terms of this Agreement.
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15. In the event of a dispute between the parties in connection with this
Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-
binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen
from a list of certified mediators available from the Clerk of Court for St. Lucie County.
The parties shall share the fee of the mediator equally. To the extent allowed by law, the
mediation process shall be confidential and the results of the mediation or any testimony
or argument introduced at the mediation shall not be admissible as evidence in any
subsequent proceeding concerning the disputed issue.
16. 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.
17. Except as otherwise provided, this Agreement shall be binding upon and shall
insure to the benefit of the parties.
18. This Agreement embodies the whole understanding of the parties. There are
no promises, terms, conditions, or obligations other than those contained herein, and this
Agreement shall supersede all previous communications, representations or agreements,
either verbal or written, between the parties hereto.
IN WITNESS WHEREOF, the parties have caused the execution by their duly
authorized officials as of the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIR
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC.
BY:
SECRETARY PRESIDENT/CHIEF EXECUTIVE OFFICER
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
8.C.2.e
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Financial Project No.:
438525-1-84-01
(item-seg ment-phase-seq uence)
Contract No.:
CFDA Number:
Fund: DPTO
Function: 215
Federal No.:
DUNS No.: 80-939-7102
Agency DUNS No.:
FLAIR Approp.: 088774
FLAIR Obj.: 751000
Org. Code: 55042010429
Vendor No.: V596000835079
CSFA Number: 55012
CFDA Title: CSFA Title: Service Development
THIS AGREEMENT, made and entered into this day of.
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and St. Lucie County BOCC
2300 Virginia Avenue, Fort Pierce, FL 34982
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 9/30/2020 and this Agreement will expire unless a time extension is provided
in accordance with Section 16.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
341 , Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide Year 1 funding for a supplemental transit service pilot test; including, the Transportation Coordination
Network(TCN) after hours program and the Hands Clinic Shuttle. Additional funds may be available based on
project performance
and as further described in Exhibit(s) A,B,C,D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the
Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. The Department has the option to require
an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion.
3.00 Project Cost: The total estimated cost of the project is $ 40,000.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 20,000.00 as detailed in Exhibit "B", or in an amount equal to the
percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or
other obligating documents as required by the Department, and all other terms of this Agreement;
(c) Department approval of costs in excess of the approved funding or attributable to actions which have not received
the required approval of the Department and all other terms of this Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay
100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph
4.00.
5.00 Project Budget and Payment Provisions:
5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with
the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or Amendment
thereto, and is approved by the Department Comptroller.
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5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled
in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is
submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of goods
and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and
216, Florida Statutes. If the Department determines that the performance of the Participant is unsatisfactory, the Department shall
notify the Participant of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the
Department. The Participant shall, within five days after notice from the Department, provide the Department with a corrective action
plan describing how the Participant will address all issues of contract non-performance, unacceptable performance, failure to meet
the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable
to the Department, the Participant shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount.
The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Participant
resolves the deficiency. If the deficiency is subsequently resolved, the Participant may bill the Department for the retained amount
during the next billing period. If the Participant is unable to resolve the deficiency, the funds retained may be forfeited at the end of
the Agreement's term.
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with
requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments",
separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are
referred to herein collectively as the "project account". Records of costs incurred under terms of this Agreement shall be maintained
in the project account and made available upon request to the Department at all times during the period of this Agreement and for
five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon
request. Records of costs incurred include the Agency's general accounting records and the Project records, together with
supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of
the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or
audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been resolved.
6.20 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
6.30 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
6.40 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
6.50 Audit Authority: The administration of Federal or State resources awarded through the Department to the Agency by
this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority
of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial
assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state
official. The Agency shall comply with all audit and audit reporting requirements as specified below.
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Part I Federally Funded:
1. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on -site visits by
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 Federal awards provided through the Department by this Agreement. By entering into this Agreement,
the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General.
2. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is
subject to the following requirements:
a. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a
Federal single or programspecific audit conducted for such fiscal year in accordance with the provisions of OMB
Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR
Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014.
Exhibit (N/A) to this Agreement provides the required Federal award identification information
needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must
consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the
Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance
with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance
with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will
meet the requirements of this part.
b. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities
as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR
Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014.
c. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements fc
that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency's audit period for each
applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for
fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit
Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects
to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal resources (i.e., the cost
of such an audit must be paid from the Agency's resources obtained from other than Federal entities).
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d. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement.
However, the Department requires a copy of the audit reporting package also be submitted to
FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine
months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before DecembE
26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after
December 26, 2014.
e. Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including
corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate
action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this
Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for
fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy
noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional
conditions, the Department may take appropriate actions to enforce compliance.
As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or
State of Florida Auditor General access to the Agency'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.
g. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit@dot.state.fl.us
Part II State Funded:
1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to
monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by 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 Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate
fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of
Financial Services (DFS) or State of Florida Auditor General.
2. The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial
assistance awarded by the Department through this Agreement is subject to the following requirements:
a. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the
Agency 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 D to this Agreement indicates state financial assistance awarded through the
Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97,
Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all
sources of state financial assistance, including state financial assistance received from the Department 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.
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b. In connection with the audit requirements, the Agency 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.
c. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida
Statutes. However, the Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit@dot.state. fl.us no later than nine months after the end of the Agency's audit period for each
applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section
215.97, Florida Statutes, in a 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 Agency's resources (i.e., the cost of such
an audit must be paid from the Agency's resources obtained from other than State entities).
d. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rule
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, Florida 32399-0405
FDOTSingleAudit@dot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111 W Madison Street, Room 401
Tallahassee, FL 32399-1450
e. 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.
f. The Agency, 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 Agency in correspondence accompanying
the reporting package.
g. Upon receipt, and within six months, the Department will review the Agency'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
Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida
Statutes, the Department may take appropriate corrective action to enforce compliance.
h. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or
the Auditor General access to the Agency'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.
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The Agency 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 Department, or its designee, DFS or State of Florida Auditor General
access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department,
or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is
issued unless extended in writing by the Department.
6.60 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will
maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or
casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall
either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility.
The Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments:
7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard , Fort Lauderdale , FL,
33309-3421 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account
(as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions.
7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit
"A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful
completion.
7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit
and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A".
Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments.
7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department
and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as
specified in Section 2.00 and Exhibit "A" has been met.
7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and shall be
submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the maximum
provided in Chapter 112.061, F.S.
7.15 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
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7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
7.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement; or
7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "B."
7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by
the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for
in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or
other arrangements which have not been approved by the Department
and costs invoiced prior to receipt of annual notification of fund availability.
7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
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10.00 Contracts of the Agency:
10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third party
contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of
Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to
review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause
for nonpayment by the Department as provided in Section 7.23. The Department specifically reserves unto itself the right to review
the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit
Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services
10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' Competitive
Negotiation Act.
10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that
participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual
services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design,
and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017
F.S., is contingent on the Agency complying in full with the provisions of Chapter 287.057 F.S. The Agency's Attorney shall certify
to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter
287.057 F.S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section
comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other
agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the project
description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to
obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for
nonpayment by the Department as provided in Section 7.23.
10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the
award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any
DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take
all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of
DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as
a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)
10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
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11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the
Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the
Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto.
11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the
Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which
among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age.
11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any
property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business
entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director,
or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any
combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business
entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising
therefrom.
12.00 Miscellaneous Provisions:
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12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any
applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable
environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred
in connection therewith.
12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party
other than the Agency.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on
the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no
way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms
and requirements of applicable law.
12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not
to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any
provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the
provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed
as soon as possible with the project.
12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and
equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and
equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further
agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment.
12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control
systems as required by 49 CFR Part 18, when applicable.
12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its
useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply
with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a
proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on
the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement.
12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the
Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except
that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge,
or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees
during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of
services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the
Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss
options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the
Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section.
The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the
participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the
evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that
party is responsible for all expenses at trial.
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13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing
and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification
that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract
documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter
collectively referred to as "plans", the Agency will certify that:
a. All plans comply with federal, state, and professional standards as well as minimum standards established by the
Department as applicable;
b. The plans were developed in accordance with sound engineering and design principles, and with generally accepted
professional standards;
c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well
as the Scope of Services; and
d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
requirements, and other similar regulations.
Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and
specifications to the Department for review and approvals.
14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the
project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title
is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose.
15.00 Appropriation of Funds:
15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation
by the Legislature.
15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than
one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall
not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph
shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have
a term for a period of more than 1 year."
16.00 Expiration of Agreement: The Agency agrees to complete the project on or before 9/30/2018 . If the Agency
does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested
by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will
be considered termination of the project and the procedure established in Section 8.00 of this Agreement shall be initiated.
16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the
expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
17.00 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.
18.00 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.
19.00 Restrictions on Lobbying:
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19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to
influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency
20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should
be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and
services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a
request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the
invoice is received or the goods or services are received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a
separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount
to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest
penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to
an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start
until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting
as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor
Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236.
21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in
s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity.
23.00 E-Verify:
Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the Vendor/Contractor during the term of the contract; and
shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
24.00 The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all
subcontracts the obligation to comply with s.20.055(5), Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
St. Lucie County BOCC
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
Stacy L.Miller, P.E.
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
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Financial Project No. 438525-1-84-01
Contract No.
Agreement Date
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and St. Lucie County BOCC
2300 Virginia Avenue, Fort Pierce, FL 34982
referenced by the above Financial Project Number.
PROJECT LOCATION:
St. Lucie County
PROJECT DESCRIPTION:
Supplemental Transit Pilot Test to include the Transportation Coordination Network After Hours Program and the Hands
Clinic Shuttle.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 6.60 of the Agreement shall include a schedule of project assistance that will reflect
the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and
the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding
action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
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8.C.2.e
Financial Project No. 438525-1-84-01
Contract No.
Agreement Date
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and St. Lucie County BOCC
2300 Virginia Avenue, Fort Pierce, FL 34982
referenced by the above Financial Project Number.
PROJECT COST:
TOTAL PROJECT COST:
II. PARTICIPATION:
Maximum Federal Participation
Agency Participation
In -Kind
Cash
Other
Maximum Department Participation,
Primary
DPTO
Federal Reimbursable
Local Reimbursable
$40,000.00
$40,000.00
( %) or $
( %) or $
( 50 %) or $ 20,000.00
( %) or $
( 50 %) or
( %) or
( %) or
$ 20,000.00
TOTAL PROJECT COST: $40,000.00
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8.C.2.e
Financial Project No. 438525-1-84-01
Contract No.
Agreement Date
EXHIBIT "C"
(GENERAL - with Safety Requirements)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and St. Lucie County BOCC
2300 Virginia Avenue, Fort Pierce, FL 34982
referenced by the above Financial Project Number.
Reference statutes as applicable.
Mark the required Safety submittal or provisions for this agreement if applicable.
Safety Requirements
X Bus Transit System - In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code, the
Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has
adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter
14-90 and has performed annual safety inspections of all buses operated.
_ Fixed Guideway Transportation System - (established) In accordance with Florida Statute 341.061, the Agency shall
submit, and the Department shall have on file, annual certification by the Agency of compliance with its System
Safety Program Plan, pursuant to Rule Chapter 14-55.
_ Fixed Guideway Transportation System - (new) In accordance with Florida Statute 341.061, the Agency shall submit a
certification attesting to the adoption of a System Safety Program Plan pursuant to Rule Chapter 14-55. Prior to
beginning passenger service operations, the Agency shall submit a certification to the Department that the system
is safe for passenger service.
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8.C.2.e
Financial Project No. 438525-1-84-01
Contract No.
Agreement Date
EXHIBIT "D"
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
(e.g., What services or purposes the resources must be used for)
(e.g., Eligibility requirements for recipients of the resources)
(Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
STATE RESOURCES
State Agency Catalog of State Assistance (Number & Title) Amount
FDOT 55.012 $ 20,000.00
Compliance Requirements
If the project scope changes, the FDOT project manager must be notified in writing, including but not limited to: route
change/length, number and/or size of vehicles, operating hours, fares, number of stops, headway, funding, etc.
DELIVERABLES:
1.) Quarterly reports including ridership data are to be submitted every three months.
2.) A detailed five-year project budget or pro -forma that delineates all operating and capital expenses associated with the
project, clearly defines the expenses associated with the project as it relates to this grant and proposed/projected revenue
stream.
3.) A copy of the service area or route map and/or schedules.
4.) Copy of any third party agreement that is paid for in whole or part with Service Development or Transit Corridor grant funds,
please see section 12.0 of JPA. This includes but is not limited to, purchased transportation services. All third party contracts
must be reviewed by FDOT prior to issuance.
5.) Site visits and route field review may be required by the state project manager to monitor the progress of the project.
Matchina Resources for Federal Proarams
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
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EXHIBIT "D"
8.C.2.e
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
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8.C.3
ITEM NO. RES-2015-174
J
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: 09/15/2015
*CONSENT
AGENDA\COMMUNITY
SERVICES
Resolution - Community Services Block Grant (CSBG) Acceptance FY16
agreement
The Florida Department of Economic Opportunity (DEO) disseminates federal CSBG funding annually to
the 27 Community Action Agencies (CAA) throughout the State. Funds are used to assist residents in
overcoming barriers to self-sufficiency, including a lack of childcare, good nutrition, transportation,
medical care, education and supports for independent living. Case management and benefit enrollment
assistance are provided.
St. Lucie County is the lead entity for the Treasure Coast Community Action Agency, encompassing
Martin, Okeechobee and St. Lucie Counties. Proposed grant expenditures are developed in accordance
with identified community needs and guidance from the Treasure Coast Community Action Agency
Advisory Board. Changes in federal requirements have increased the complexity of managing the CSBG
grants, including additions to the monitoring regulations and the addition of multi -faceted organizational
standards. Due to responsibilities associated with monitoring the other counties, St. Lucie County receives
a 10% set aside of all new allocation funds to cover the administrative costs for St. Lucie. The maximum
allowable administrative cost is 15%, allowing each County to set aside funds for staff and board member
training and other non -direct service related expenses.
The remaining funds are divided based upon the distribution percentages formulated and provided by
DEO each year. The distribution for the FY16 year is indicated below.
CSBG Fund Distribution
Allocation
$ 323,742
10% Administration SLC
$ 32,374
$ 291,368
%
Amount
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8.C.3
Martin
27%
$ 77,380
Okeechobee
13%
$ 38,626
St. Lucie County
60%
$ 175,362
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
This grant was received following the final approval of the FY15 budget and must be budgeted prior to
expenditure of funds for FY16. No financial match is required by the County. Funds will be deposited into
the Community Services Block Grant FY16 (001574-6420-331691-600).
RECOMMENDATION:
Staff recommends Board acceptance of the FY16 Community Service Block Grant allocation and
agreement (16SB-OD-12-00-01-023), approval of Budget Resolution and sub -recipient agreements and
authorization for the Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
6;yd2er,Comm��unitySewweoif r 9/2/2015
16�
Heather Young, Asst. County Attorney 9/9/2015
4aulaA.wis, District No. 3, Chair 9/15/2015
Updated: 9/8/2015 8:58 AM by Donna Calise Page 2
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8.C.3.a
FEDERALLY FUNDED SUBGRANT AGREEMENT
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
COMMUNITY SERVICES BLOCK GRANT PROGRAM
CFDA Number: 93.569
Agreement Number:l6SB-OD-12-00-01-023
THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, with
headquarters in Tallahassee, Florida, hereinafter referred to as "DEO," and St. Lucie County, hereinafter referred to as
"Recipient" (each individually a "Party" and collectively "the Parties'.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. DEO has received these grant funds from the State of Florida, and has the authority to subgrant these
funds to Recipient upon the terms and conditions herein; and
C. DEO has statutory authority to disburse the funds under this Agreement.
THEREFORE, DEO and Recipient agree to the following-
(1) SCOPE OF WORK
Recipient shall perform the work in accordance with Attachment A, Scope of Work, to this Agreement.
(2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES
Recipient and DEO shall be governed by all applicable State and Federal laws, rules and regulations,
including, but not limited to, those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement period shall begin on October 1, 2015, and shall end on September 30, 2016, unless
terminated earlier in accordance with the provisions of Paragraph (13) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either Party may request modification of the provisions of this Agreement. Except for Informal
Modifications submitted in accordance with Attachment B, modifications of provisions of this Agreement shall only
be valid when reduced to writing and duly signed by the Patties.
(5) AUDITS AND RECORDS
(a) Recipient's performance under this Agreement shall be subject to the applicable requirements
published in the "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards, 2 Code of Federal Regulations (C.F.R.) Part 200, hereinafter referred to as the "Super Circular". If this
Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, Recipient shall be
subject to the Federal Acquisition Regulations System particularly 48 C.F.R, § 31.2.
(b) Recipient shall retain all records pertaining to this Agreement, regardless of the form of the record
(e.g., paper, film, recording, electronic), including, but not limited to financial records, supporting documents,
statistical records, and any other documents (hereinafter referred to as "Records' for a period of five State fiscal years
after all reporting requirements are satisfied and final payments have been received, or if an audit has been initiated
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and audit findings have not been resolved at the end of this five-year period, the Records shall be retained until
resolution of the audit findings through litigation or otherwise. Recipient shall cooperate with DEO to facilitate the
duplication and transfer of such Records upon request of DEO. The five-year period may also be extended for the
following reasons:
1. If any litigation or claim is started before the five-year period expires, and extends beyond the
five-year period, the Records shall be retained until all litigation and claims involving the Records have been resolved.
2. Records for the disposition of non -expendable personal property valued at five thousand dollars
and zero cents ($5,000.00) or more at the time it is acquired shall be retained for five years after final disposition.
transfer of title.
Agreement.
3. Records relating to real property acquired shall be retained for five years after the closing on the
4. Any additional Federal requirements identified in Attachment A, Scope of Work, of this
(c) Recipient shall maintain all records for all subcontractors 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 Attachment J and Attachment K to this Agreement as well as all other applicable laws
and regulations.
(d) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of
the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives
of the Federal government and their duly authorized representatives shall have access to any of Recipient's Records
for the purposes of conducting audits, examinations, investigations, or making excerpts or transcriptions.
(e) Recipient may, per Rule 1B-24.003 (9) (a), Florida Administrative Code, allow its public records to be
stored through electronic recordkeeping systems as substitutes for the original or paper copy.
(f Recipient shall maintain books, records, and documents in accordance with generally accepted
accounting principles and practices which sufficiently and properly reflect all expenditures of funds provided by DEO
under this Agreement.
(g) Records pertaining to this Agreement shall be available at reasonable times for inspection, review, or
audit by State personnel and other persons authorized by DEO. "Reasonable" shall ordinarily mean normal business
hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(h) If Recipient's expenditures of State financial assistance and/or Federal awards during its applicable
fiscal year(s) require it to conduct an audit in accordance with Exhibit 1 to this Agreement, such audit shall comply
with all applicable requirements of Exhibit 1 to this Agreement, section 215.97, ES., and the Super Circular as
applicable, and Recipient shall ensure that all related party transactions are disclosed to the auditor.
(i) Recipient shall include the aforementioned audit and record -keeping requirements in all subcontracts
and assignments.
0) Recipient shall have each required audit completed by an independent certified public accountant
(IPA), either a certified public accountant or a public accountant licensed under chapter 473, F.S., and ensure that all
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related party transactions are disclosed to the auditor. The IPA shall state that the audit complied with the applicable
provisions noted in Exhibit 1 to this Agreement.
(kc) The reporting packages for required audits must be timely submitted in accordance with the
requirements of Exhibit-1, Audit Requirements, of this Agreement and the applicable laws, rules and regulations
referenced therein. The requirements of 2 C.F.R. § 200.512, Report Submission, are applicable to audits of Federal
awards conducted in accordance with Subparagraph (5)(h) above.
(1) If an audit shows that all or any portion of the funds disbursed were not spent in accordance with
the conditions of this Agreement and applicable regulations, Recipient shall be held liable for reimbursement to DEO.
Such reimbursement shall be sent to DEO, by Recipient, within thirty calendar days after DEO has notified Recipient
of such non-compliance.
(m) Within sixty calendar days of the close of Recipient's fiscal year, on an annual basis, Recipient shall
electronically submit a completed Audit Compliance Certification (a version of this certification is attached hereto as
Exhibit-2, Audit Compliance Certification, of this Agreement) to audit(@deo.invflorida.com. Recipient's timely
submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement
within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement,
economic incentive award agreements, etc) between DEO and Recipient.
(6) INFORMATION RELEASE AND PUBLIC RECORDS REQUIREMENTS:
(a) In addition to Recipients' responsibility to directly respond to each request it receives for records
made or received by Recipient in conjunction with this Agreement and to provide the applicable public records in
response to such request, Recipient shall notify DEO of the receipt and content of such request by sending an e-mail
to PRRequest@deo.myflorida.com within one (1) business day from receipt of such request.
(b) Recipient shall allow public access to all documents, papers, letters or other materials made or
received by Recipient 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), F.S. For records made or received by Recipient in conjunction with
this Agreement, Recipient shall respond to requests to inspect or copy such records in accordance with chapter 119,
F.S. For all such requests for records that are public records, as public records are defined in section 119.011, F.S.,
Recipient shall be responsible for providing such public records per the cost structure provided in chapter 119, F.S.,
and in accordance with all other requirements of chapter 119, F.S., or as otherwise provided by law.
(c) This Agreement may be terminated by DEO for refusal by Recipient to comply with Florida's public
records laws or to allow public access to any public record made or received by Recipient in conjunction with this
Agreement.
(d) If, for purposes of this Agreement, Recipient is a "contractor" as defined in section 119.0701 (1) (a),
F.S., Recipient shall transfer, at no cost to DEO, all public records upon completion or termination of this
Agreement, and destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All electronic records shall be provided to DEO in a DEO-compatible format.
(e) Recipient shall notify DEO verbally within 24 chronological hours and in writing within 72
chronological hours if any data in Recipient's possession related to this Agreement is subpoenaed or improperly used,
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copied, or removed (except in the ordinary course"of business) by anyone except an authorized representative of
DEO. Recipient shall cooperate with DEO, in taking all steps as DEO deems advisable, to prevent misuse, regain
possession, or otherwise protect the State's rights and the data subject's privacy.
(f) Recipient acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating to public
records and that reports, invoices, and other documents Recipient submits to DEO under this Agreement may
constitute public records under Florida Statutes. Recipient shall cooperate with DEO regarding DEO's efforts to
comply with the requirements of chapter 119, F.S.
(g) If Recipient submits records to DEO that are confidential and exempt from public disclosure as trade
secrets or proprietary confidential business information, such records should be identified as such by Recipient prior
to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of chapter 119,
F.S., prior to submittal of the record to DEO serves as Recipient's waiver of a claim of exemption.
(7) EMPLOYMENT ELIGIBLITY VERIFICATION
(a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO's subgrant
agreements in excess of nominal value, if applicable, to expressly require Recipient to:
1. Utilize the U. S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by Recipient during this Agreement term; and,
2. Include in all subcontracts under this Agreement, the requitement that subcontractors performing
work or providing services pursuant to this Agreement utilize the E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the term of the subcontract.
(b) E-Verify is an Internet -based system that allows an employer, using information reported on an
employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to
work in the United States after the effective date of the required Memorandum of Understanding (MOU); the
responsibilities and elections of Federal contractors, however, may vary, as stated in Article II.D.1.c. of the MOU.
There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be
found at http://www.dhs.gov/files/programs/gc,_1185221678150.shtm.
(c) If Recipient does not have an E-Verify MOU in effect, Recipient must enroll in the E-Verify system
prior to hiring any new employee after the effective date of this Agreement.
(8) REPORTS
Recipient shall provide DEO with all required reports as set forth in Attachment C to this Agreement.
(a) If all required reports and copies are not sent to DEO, or are not completed in a manner acceptable
to DEO, DEO may withhold further payments until such reports are completed or DEO may take other action as
stated in Paragraph (12) of this Agreement. "Acceptable to DEO," means that the reports were completed in
accordance with the Attachments of this Agreement.
103
(b) Recipient shall provide additional program updates, reports, and information as may be required by
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(9) MONITORING
(a) To ensure that the Scope of Work and other performance goals are being achieved, 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.
(b) In addition to reviews of audits conducted in accordance with Paragraph (5) above, monitoring
procedures may include, but not be limited to, on -site visits by DEO staff, limited scope audits, and other procedures
(c) Recipient, and all subcontractors, agree to comply with the most recent monitoring manual provided
by DEO, and cooperate with any monitoring procedures/processes deemed appropriate by DEO. In the event that
DEO determines that a limited scope review of Recipient is appropriate, Recipient agrees to comply with any
additional instructions provided by DEC) regarding such review.
(d) 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.
(e) DEO will monitor the performance and financial management by Recipient throughout the
Agreement term to ensure timely completion of all tasks.
(10) INDEMNIFICATION_ INDEPENDENT CONTRACTOR STAWS
(a) Unless Recipient is a State agency or subdivision, as defined in section 768.28, F.S., Recipient shall be
fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and
hold harmless the State and DEO, and their officers, agents, and employees, from suits, actions, damages, and costs
of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real
or personal tangible property alleged to be caused in whole or in part by Recipient, its agents, employees, partners, or
subcontractors, provided, however, that Recipient shall not indemnify for that portion of any loss or damages
proximately caused by the negligent act or omission of the State or DEO.
Any Recipient which is a State agency or subdivision, as defined in section 768.28, F.S., agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO, and agrees to be
liable for any damages proximately caused by its acts or omissions to the extent set forth in section 768.28, F.S.
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.
(b) For purposes of this Agreement, Recipient agrees that it is not an employee or agent of DEO, but is
an independent contractor. DEO shall neither have not exercise any control or direction over the methods by which
Recipient shall perform its work and functions other than as provided herein. Nothing in this Agreement is intended
to or shall be deemed to constitute a partnership or joint venture between the Parties. Recipient shall not represent to
others that, as Recipient, it has the authority to bind DEO unless specifically authorized to do so. Recipient agrees to
take such actions as map be necessary to ensure that each subcontractor will be deemed to be an independent
contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of DEO or the
State of Florida. DEO shall not be responsible for withholding taxes with respect to Recipient's compensation
hereunder. Recipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security,
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workers' compensation, health or disability benefits, reemployment assistance benefits, or employee benefits of any
kind. Recipient shall ensure that its employees, subcontractors, and other agents, receive benefits and necessary
insurance (health, workers' compensation, reemployment assistance benefits) from an employer other than the State
of Florida. Recipient, at all times during the Agreement, must comply with the reporting and Reemployment
Assistance contribution payment requirements of chapter 443, F.S.
(11) DEFAULT
If any of the following events occur ("Events of Default"), DEO shall have the right to terminate further
payment of fiends under this Agreement, and DEO may exercise any of its remedies set forth in Paragraph (12) of this
Agreement. However, DEO 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 Recipient in this Agreement, or any previous agreement
with DEO is, or becomes, false or misleading in any respect, or if Recipient fails to keep or perform any of the
obligations, terms or covenants in this Agreement or any previous agreement with DEO and has not cured them in
timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
(h) Tf material adverse changes ornir in the fnanrtal condition of Recipient at any time during the term
of this Agreement, and Recipient fails to cure this adverse change within thirty calendar days from the date written
notice is sent by DEO;
(c) If any reports required by this Agreement have not been submitted to DEO or have been submitted
with incorrect, incomplete, or insufficient information; or
(d) If Recipient has failed to perform and complete in timely fashion any of its obligations under this
Agreement.
(12) REMEDIES
If an Event of Default occurs and DEO provides written notice to Recipient, DEO may exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, if Recipient has not cured the default within thirty calendar days of
receipt of written notice of an Event of Default;
(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) Exercise any corrective or remedial actions, to include but not be limited to:
1. Request additional information from 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 Recipient to suspend, discontinue, or refrain from incurring costs for any activities in
question, or
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4. Require Recipient to reimburse DEO for the amount of costs incurred for any items determined
to be ineligible; and
(e) Exercise any other rights or remedies which may be otherwise available under law.
Pursuing any of the above remedies will not keep DEO from pursuing any other remedies in this
Agreement or provided at law or in equity. If DEO waives any right or remedy in this Agreement, or fails to insist on
strict performance by Recipient, it will not affect, extend or waive any other right or remedy of DEO, or affect the
later exercise of the same right or remedy by DEO for any other default by Recipient.
(13) TERMINATION
(a) DEO may terminate this Agreement for cause with thirty calendar days written notice. Cause
includes misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform in a
timely manner, failure to cure an Event of Default within thirty calendar days from receipt of the notice, or refusal by
Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under chapter
119, F.S., as amended. The rights and remedies of DEO in this clause are in addition to any other rights and remedies
provided by law or under this Agreement. Recipient shall not be entitled to recover any cancellation charges.
(b) DEO may terminate this Agreement for convenience or when it determines, in its sole discretion,
that continuing this Agreement would not produce beneficial results in line with the further expenditure of funds, by
providing Recipient with thirty calendar days prior written notice. Recipient shall not furnish any product after it
receives the notice of termination, except as necessary to complete the continued portion of this Agreement, if
authorized in writing. Recipient shall not be entitled to recover any cancellation charges.
(c) The Parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures
for proper closeout of this Agreement.
(d) If DEO issues a notice of Event of Default, Recipient shall stop incurring new obligations upon
receipt of the notice. If DEO determines that Recipient has cured the Event of Default within the thirty -day cure
period, DEO will provide notice to Recipient that it may resume incurring new obligations. Costs incurred for new
obligations after receipt of a notice of Event of Default and until receipt of notice that it may resume incurring new
obligations will be disallowed. If this Agreement is terminated by DEO because of Recipient's breach, such
termination shall not relieve Recipient of liability under this Agreement. DEO may, to the extent authorized by law,
withhold payments to Recipient for the purpose of set-off until the exact amount of damages due DEO from
Recipient is determined.
(14) NOTICE AND CONTACT
(a) All notices provided by Recipient under or pursuant to this Agreement shall be in writing to DEO's
Grant Manager and delivered by standard mail or electronic mail using the contact information provided in
Subparagraph 14(b) below.
(b) The name and address of DEO's Grant Manager for this Agreement is:
Thea Austin, Grant Manager
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Department of Economic Opportunity
Division of Community Development
Bureau of Community Assistance
107 East Madison Street, MSC 400
Tallahassee, Florida 32399-4120
Email: dorotliea.austin@deo.myflorida.com
Phone: 850-717-8460
(c) The name and address of Recipient's Representative responsible for the administration of this
Agreement is stated in Attachment I of this Agreement.
(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 stated in
Subparagraph (14)(a), above.
(15) SUBCONTRACTS
(a) Recipient shall not subcontract any of the work required under this Agreement prior to receiving
DEO's confirmation that the proposed subcontract imposes the following requirements on subcontractor:
1. Subcontractor is bound by the terms of this Agreement, and each subcontract shall specifically
include the requirements of Paragraph (5), AUDITS AND RECORDS.
2. Subcontractor is bound by all applicable State and Federal laws and regulations;
3. Subcontractor shall indemnify and hold DEO 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
by law; and
4. Subcontractor shall disclose to Recipient and DEO if it is on the Convicted Vendor List identified
in section 287.133(2), F.S., or the Discriminatory Vendor List identified in section 287.134(2), F.S.
(b) For each subcontract, Recipient shall provide a written statement to DEO as to whether that
subcontractor is a certified minority business, as defined in section 287.0943, F.S.
(c) In addition, prior to entering into a contract with any subcontractor to be paid with funds under this
Agreement, Recipient shall submit to DEO the completed Attachment G to this Agreement.
(16) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties.
(17) ATTACHMENTS AND EXHIBITS
(a) All attachments and exhibits to this Agreement are incorporated as if set out fully herein.
(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 and exhibits (check all that are applicable):
® Exhibit 1 - Audit Requirements
® Exhibit 1-A — Funding Sources
® Exhibit 2 — Audit Compliance Certification
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® Exhibit 3 - Subrecipient Federal Awards Agreements Checklist
® Attachment A - Scope of Work
® Attachment B - Program Statutes and Regulations
® Attachment C - Reports
® Attachment D - Property Management and Procurement
® Attachment E - Statement of Assurances
® Attachment F - Warranties and Representations
® Attachment G - Certification Regarding Debarment
® Attachment H — Trafficking Victims Protection Act of 2000
® Attachment I - Recipient Information
® Attachment J Budget Summary
® Attachment K — Subcontractor Information and Budget Summary
® Attachment L — Budget Detail
® Attachment M - Secondary Administrative Expenses
® Attachment N — Workplan
® Attachment O —Justification of Advance
(18) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement agreement. Recipient shall be reimbursed for costs incurred in the
satisfactory performance of work hereunder in an amount not to exceed Three Hundred Twenty Three Thousand
Seven Hundred Forty Two Dollars and Zero Cents ($323,742), subject to the availability of funds and appropriate
budget authority. Until DEO provides further notice to Recipient's contact person identified in Attachment I,
however, Recipient is only authorized to incur costs in an amount not to exceed Two Hundred Forty Two Thousand
Eight Hundred Six Dollars and Zero Cents ($242,806). Upon receipt of written notice from DEO authorizing
additional costs to be incurred, changes to the costs Recipient may incur must be accomplished using the Informal
Modification process identified in Attachment B. The terms of this Agreement shall be considered to have been
modified to allow Recipient to incur additional costs upon Recipient's receipt of the written notice from DEO.
(b) Any advance payment under this Agreement is subject to section 216.181(16), F.S. The amount
which may be advanced may not exceed the expected cash needs of Recipient within the first three months of the
term of this Agreement. Any advance payment is also subject to the Super Circular and the Cash Management
Improvement Act of 1990. 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 O. Attachment O will specify the amount
of advance payment needed and provide an explanation of the necessity for and proposed use of these funds.
(c) Recipient must expend an amount equal to or greater than the amount of the initial advance within
the first three months of the term of this Agreement. If Recipient has not expended an amount equal to the initial
advance by the end of the first three months of the term of this Agreement, Recipient shall submit a written
explanation to DEO.
(d) After the initial advance, if any, payment shall be made on a cost -reimbursement basis.
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8.C.3.a
(e) 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 (20)(f) of this Agreement, all obligations on the part of DEO to make any further payment of funds
shall terminate, and Recipient shall submit its closeout report within thirty calendar days of receiving notice from
DEO.
(f) Recipient and its subcontractors may only expend funding under this Agreement for allowable costs
resulting from obligations incurred during the Agreement period.
Recipient.
(g) Recipient shall refund to DEC) any balance of unobligated funds which has been advanced or paid to
(h) Recipient shall refund to DEO all funds paid in excess of the amount to which Recipient or its
subcontractors are entitled under the terms and conditions of this Agreement.
(19) REPAYMENTS
(a) All refunds or repayments to be made to DEC) under this Agreement are to be made payable to the
order of "Department of Economic Opportunity" and mailed directly to DEO at the following address:
Department of Economic Opportunity
Division of Community Development
Bureau of Community Assistance
107 East Madison Street, MSC 400
Tallahassee, Florida 32399-4120
In accordance with section 215.34(2), F.S., if a check, or other draft, is returned to DEO for collection,
Recipient shall pay to DEO a service fee of fifteen dollars and zero cents ($15.00) or five percent (5%) of the face
amount of the returned check or draft, whichever is greater.
(b) If Recipient's non-compliance with any provision of this Agreement results in additional cost or
monetary loss to DEO or the State of Florida, DEO can recoup that cost or loss from monies owed to Recipient
under this Agreement or any other Agreement between Recipient and any State entity. In the event that the discovery
of this cost or loss arises when no monies are available under this Agreement or any other Agreement between
Recipient and any State entity, Recipient will repay such cost or loss in full to DEO within thirty (30) days of the date
of notice of the amount owed, unless DEO agrees, in writing, to an alternative timeframe.
(20) MANDATED CONDITIONS AND OTHER LAWS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted, or provided, by Recipient in this Agreement, in any later submission or
response to a DEC) request, or in any submission or response to fulfill the requirements of this Agreement. All of
said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or
any material changes may, at the option of DEO, and within thirty calendar days written notice to Recipient, cause the
termination of this Agreement and the release of DEC) from all its obligations under this Agreement.
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8.C.3.a
(b) Recipient agrees that this Agreement is executed and entered into in the State of Florida, and shall
be construed, performed, and enforced in all respects in accordance with the Iaws, rules, and regulations of the State
of Florida. Each Party shall perform its obligations herein in accordance with the terms and conditions of this
Agreement. Without limiting the provisions of Paragraph (11), Default, the exclusive venue of any legal or equitable
action that arises out of or relates to this Agreement shall be the appropriate State court in Leon County, Florida; in
any such action, the Parties waive any right to jury trial.
(c) Any power of approval, or disapproval, granted to DEO under the terms of this Agreement shall
survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts each of which shall be an original
and all of which shall constitute but one and the same instrument.
(e) Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42
U.S.C. § 12101, etet see), and the Florida Civil Rights and Fair Housing Acts (sections 760.01 — 760.37, F.S.), which
prohibit discrimination by public and private entities on the basis of disability in employment, public
accommodations, transportation, State and local government services, and telecommunications.
(t 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, F.S., or
the Florida Constitution.
(g) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper pre -audit and post -audit thereof.
(h) Any bills for travel expenses shall be submitted in accordance with section 112.061, F.S.
(i) If Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall be returned to DEO.
0) Recipient is subject to Florida's Government in the Sunshine Law (section 286.011, F.S.) with respect
to the meetings of Recipient's governing board to discuss, receive recommendations, or take action required pursuant
to this Agreement, or the meetings of any subcommittee making recommendations to the governing board regarding
matters pursuant to this Agreement. 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, F.S.
(k) 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. §8302, unless it
would not be in the public interest or unreasonable in cost.
(1) DEO shall ensure compliance with section 11.062, F.S., and section 216.347, F.S. The use of funds
under this Agreement for the purpose of lobbying the Florida Legislature, the judicial branch, or any State agency is
prohibited pursuant to section 216.347, F.S. Recipient shall not, in connection with this or any other agreement with
the State, directly or indirectly: (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration
for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation
of a known legal duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or
request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than
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nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions,
advances, deposits of money, services, employment, or contracts of any kinds. Upon request of DEO's Inspector
General, or other authorized State official, Recipient shall provide any type of information the Inspector General
deems relevant to Recipient's integrity or responsibility. Such information may include, but shall not be limited to,
Recipient's business or financial records, documents, or files of any type or form that refer to or relate to this
Agreement. Recipient shall retain such records for the longer of: (1) five years after the expiration of this Agreement;
or (2) the period required by the General Records Schedules maintained by the Florida Department of State available
at: htWs://dlis.dos.state.fl.us/-recordsmgmt/gen records schedules.cfm.
(m) Recipient agrees to reimburse the State for the reasonable costs of investigation incurred by the
Inspector General or other authorized State official for investigations of Recipient's compliance with the terms of this
or any other agreement between Recipient and the State which results in the suspension or debarment of Recipient.
Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging
expenses; and expert witness and documentary fees. Recipient shall not be responsible for any costs of investigations
that do not result in Recipient's suspension or debarment.
(n) Public Entity Crime: Pursuant to section 287.133(2)(a), F.S., a person or affiliate who has been placed
on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017, F.S., for Category Two for a period of
thirty-six (36) months from the date of being placed on the convicted vendor list. Recipient affirms that it is aware of
the provisions of section 287.133(2)(a), F.S., and that at no time as Recipient been convicted of a Public Entity Crime.
Recipient agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the
term of this Agreement may result in the termination of this Agreement in accordance with section 287.133(4), F.S.
(o) Advertising: Subject to chapter 119, F.S., Recipient shall not publicly disseminate any information
concerning this Agreement without prior written approval from DEO, including, but not limited to mentioning this
Agreement in a press release or other promotional material, identifying DEC) or the State as a reference, or otherwise
linking Recipient's name and either a description of this Agreement or the name of DEO or the State in any material
published, either in print or electronically, to any entity that is not a Party to this Agreement, except potential or actual
authorized distributors, dealers, resellers, or service representatives.
(p) Sponsorship: As required by section 286.25, F.S., if Recipient is a nongovernmental organization
which sponsors a program financed wholly or in part by State funds, including any funds obtained through this
Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by
[Recipient's name] and the State of Florida, Department of Economic Opportunity." If the sponsorship reference is
in written material, the words "State of Florida, Department of Economic Opportunity" shall appear in the same size
letters or type as the name of the organization.
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(q) Mandatory Disclosure Requirements:
1. Conflict of Interest: This Agreement is subject to chapter 112, F.S. Recipient shall disclose the
name of any officer, director, employee, or other agent who is also an employee of the State. Recipient shall also
disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5o/a) interest in
Recipient or its affiliates.
2. Convicted Vendors. Recipient shall disclose to DEO if it is on the Convicted Vendor List. A
person or affiliate placed on the Convicted Vendor List following a conviction for a Public Entity Crime is prohibited
from doing any of the activities listed in Subparagraph (20)(n) above for a period of 36 months from the date of being
placed on the Convicted Vendor List.
3. Vendors on Scrutinized Companies Lists: If this Agreement is in the amount of one million
dollars and zero cents ($1,000,000.00) or more, in executing this Agreement, Recipient certifies that it is not listed on
either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, created pursuant to section 215.473, F.S.
a. Pursuant to section 287.135(5), F.S., DEO may immediately terminate this Agreement for cause
if Recipient is found to have submitted a false certification or if Recipient is placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during
the term of this Agreement.
b. I£ DEO determines that Recipient has submitted a false certification, DEO will provide written
notice to Recipient. Unless Recipient demonstrates in writing, within ninety days of receipt of the notice, that DEO's
determination of false certification was made in error, DEO shall bring a civil action against Recipient. If DEO's
determination is upheld, a civil penalty equal to the greater of two million dollars and zero cents ($2,000,000.00) or
twice the amount of this Agreement shall be imposed on Recipient, and Recipient will be ineligible to bid on any
contract with an agency or local governmental entity for three (3) years after the date of DEO's determination of false
certification by Recipient.
c. In the event that Federal law ceases to authorize the states to adopt and enforce the contracting
prohibition identified herein, this provision shall be null and void.
4. Discriminatory Vendors: Recipient affirms that it is aware of the provisions of section
287.134(2)(a),'F.S., and that at no time has Recipient been placed on the Discriminatory Vendor List. Recipient
further agrees that it shall not violate such law during the term of this Agreement. Recipient shall disclose to DEO if it
appears on the Discriminatory Vendor List. An entity or affiliate placed on the Discriminatory Vendor List pursuant
to section 287.134, F.S., may not:
a. Submit a bid on a contract to provide any goods or services to a public entity;
b. Submit a bid on a contract with a public entity for the construction or repair of a public
building or public work;
c. Submit bids on leases of real property to a public entity; or
d. Be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a
contract with any public entity; or transact business with any public entity.
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(r) Abuse, Neglect, and Exploitation Incident Reporting:
In compliance with sections 39.201 and 415.1034, F.S., an employee of Recipient who knows or has
reasonable cause to suspect that a child, aged person, or disabled adult is or has been abused, neglected, or exploited
shall immediately report such knowledge or suspicion to the Florida Abuse Hotline by calling 1-800-96ABUSE, or via
the web reporting option at http://www.dcf.state.fl.us/abuse/report/, or via fax at 1-800-914-0004.
(21) FEDERAL REQUIREMENTS PERTAINING TO LOBBYING
(a) Federal grant funds provided under this Agreement may not be used by any Recipient or
Subcontractor to support lobbying activities to influence proposed or pending Federal legislation or appropriations.
This prohibition is related to the use of Federal grant funds and not intended to affect an individual's right or that of
any organization, to petition Congress, or any other level of Government, through the use of other resources (See 45
C.F.R. Part 93).
(b) Recipient certifies, by the authorized representative's signature to this Agreement, that to the best of
its knowledge and belief, no Federal appropriated funds have been paid or will be paid, by or on behalf of Recipient,
to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 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.
(c) 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 Federal 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, Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying."
(d) Recipient shall comply with the requirements of 31 U.S.C. § 1352, and require all subcontractors of
subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) to
comply with 31 U.S.C. § 1352. In addition, Recipient shall ensure that all subawards contain the certification set forth
in Subparagraph (21)(b) above and the content of Subparagraph (21)(c) above. Recipient shall require that all
Subcontractors provide such certifications and, when applicable, submit the completed Disclosure Form to Report
Lobbying. 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. Any person who makes an expenditure prohibited by Subparagraph (21)(b) or fails to file or amend the
declaration required by Subparagraph (21)(c) shall be subject to a civil penalty of not less than ten thousand dollars
and zero cents ($10,000.00) and not more than one hundred thousand dollars and zero cents ($100,000.00) for each
such expenditure and such failure.
(22) COPYRIGHT. PATENT AND TRADEMARK
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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 Recipient to the State of Florida.
(a) If Recipient has a pre-existing patent or copyright, Recipient shall retain all rights and entitlements to
that pre-existing patent or copyright unless this 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, Recipient shall refer the discovery or invention to
DEO 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, Recipient shall notify DEO. Any copyrights
accruing under or in connection with the performance under this Agreement are transferred by Recipient to the State
of Florida.
(c) Within thirty days of execution of this Agreement, 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. Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so
disclosed. Failure to disclose will indicate that no such property exists. DEO shall then, under Paragraph (b), have
the right to all patents and copyrights which accrue during performance of this Agreement.
(23) LEGAL AUTHORIZATION
(a) Recipient certifies that it has the legal authority to receive the funds under this Agreement and that it's
governing body has authorized the execution and acceptance of this Agreement. Recipient also certifies that the
undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
(b) Prior to execution of this Agreement, Recipient must disclose all prior or on -going civil or criminal
litigation, investigations, arbitration or administrative proceedings (Proceedings) involving Recipient (and each
subcontractor) in a written statement to DEO's Grant Manager. Thereafter, Recipient has a continuing duty to
promptly disclose all Proceedings upon occurrence.
This duty of disclosure applies to Recipient's or subcontractor's officers and directors when any
Proceeding relates to the officer or director's business or financial activities. Details of settlements that are prevented
from disclosure by the terms of the settlement may be annotated as such.
(24) ASSURANCES
Recipient shall comply with any Statement of Assurances incorporated as Attachment E.
(25) PURCHASING
(a) Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): In accordance with
section 946.515(6), F.S., if a product or service required for the performance of this Agreement is certified by or is
available from PRIDE and has been approved in accordance with section 946.515(2), F.S., the following statement
applies:
It is expressly understood and agreed that any articles which are the subject of, or required to carry
out, this contract shall be purchased from the corporation identified under chapter 946, Florida
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8.C.3.a
Statutes, in the same manner and under the same procedures set forth in section 946.515(2) and (4),
Florida Statutes; and for purposes of this contract the person, firm or other business entity carrying
out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings
with such corporation are concerned.
The above clause is not applicable to subcontractors unless otherwise required by law. Additional
information about PRIDE and the products it offers is available at http: / /www.pride-entero� ring.
(b) Products Available from the Blind or Other Handicapped (RESPECT): In accordance with section
413,036(3), F.S., if a product or service required for the performance of this Agreement is on the procurement list
established pursuant to section 413.035(2), F.S., the following statement applies:
It is expressly understood and agreed that any articles that are the subject of, or required to carry out,
this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped
that is qualified pursuant to chapter 413, Florida Statutes, in the same manner and under the same
procedures set forth in section 413.036(1) and (2), F. S.; and for purposes of this contract, the person,
firm or other business entity carrying out the provisions of this contract shall be deemed to be
substituted for the State agency insofar as dealings with such qualified nonprofit agency are
concerned.
Additional information about the designated nonprofit agency and the products it offers is available at
ht www.res ectofflorida.or .
(c) Recipient agrees to procure any recycled products or materials which are the subject of or are required
to carry out this Agreement in accordance with section 403.7065, F.S.
(26) SEVERABILITY
If any provision, in whole or in part, of this Agreement is held to be void or unenforceable by a court of
competent jurisdiction, that provision shall be enforced only to the extent that it is not in violation of law or is not
otherwise unenforceable, and all other provisions remain in full force and effect.
Remainder of thfj page intentionally left blank
Packet Pg. 198
8.C.3.a
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT MODIFICATION
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have duly executed and delivered this Modification as of the date set
forth below.
RECIPIENT
St. Lucie County
(Type Legal Name of Recipient)
(Type Name and Tide Here)
Date:
Federal Identification Number
072215403
DUNS* Number
1 bSB-OD-12-00-01-023
Agreement Number
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
William B. Killingsworth, Director
Division of Community Development
Date:
Approved as to form and legal
sufficiency, subject only to full and
proper execution by the Parties.
Office of the General Counsel
Department of Economic Opportunity
By:
Approved Date:
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8.C.3.a
FFY 2016 CSBG AGREEMENT
EXHIBIT 1
AUDIT REQUIREMENTS
The administration of resources awarded by DEO to Recipient may be subject to audits and/or monitoring by DEO
as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEO
staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into
this agreement, Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by DEO. In the event DEO determines that a limited scope audit of Recipient is appropriate, Recipient
agrees to comply with any additional instructions provided by DEO staff to Recipient regarding such audit. Recipient
further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by
the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if Recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that Recipient expends $300,000 ($500,000 forfucalyeays endang after December3l, 2003) or more in
Federal awards in its fiscal year, Recipient must have a single or program -specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1-A to this agreement
indicates Federal resources awarded through DEO by this agreement. In determining the Federal awards
expended in its fiscal year, Recipient shall consider all sources of Federal awards, including Federal resources
received from DEO. 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 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 fart 1, paragraph 1, Recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If Recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) 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 Recipient expends less than $300,000 ($500,000 for fiscal years
ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in
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8.C.3.a
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. Title 2 C.F.R. Part 200, entitled Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, also known as the Super Circular, supersedes and consolidates the
requirements of OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102 and A-133 and is effective for
Federal awards or increments of awards issued on or after December 26, 2014. Please refer to 2 C.F.R. Part
200 for revised definitions, reporting requirements and auditing thresholds referenced in this Attachment and
Agreement accordingly.
5. Although the audit provisions of the Super Circular ordinarily do not apply to for -profit subrecipients, in the
case of Federal funding provided by the U.S. Department of Health and Human Services, the Super Circular
does apply. See 45 C.F.R. § 74.26 for further details.
PART II: STATE FUNDED
This part is applicable if Recipient is a non -state entity as defined by Section 215.97(2), F.S.
1. In the event that Recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient (for fiscal years ending September 30, 2004 or thereafter),
Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section
215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
EXHIBIT 1-A to this agreement indicates state financial assistance awarded through DEO by this agreement.
In determining the state financial assistance expended in its fiscal year, Recipient shall consider all sources of
state financial assistance, including state financial assistance received from DEO, other state agencies, and
other non -state entities. State financial assistance does not include Federal direct or pass -through awards and
resources received by a non -state entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, Recipient shall ensure that the
audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial
reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
3. If Recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending
September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of section 215.97,
F.S., is not required. In the event that 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, F.S., the
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8.C.3.a
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 Recipient's resources obtained from other than State entities).
4. Additional information regarding the Florida Single Audit Act can be found at:
h!W: / /www.myflorida. com/audgen /pages / flsaa.htin
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to spe66 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 it not in con)Wa
with other Federal or State audit requirements). Pursuant to Section 215.97(8), ES., State agendes may conductor arrange for
audits of state financial assistance that are in addition to audits conducted in accordance with Section 215.97, F.S.. In such an
event, the State awarding agency must arrange for funding the full cost of such additional audits)
N/A
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by Part I of this Exhibit shall be submitted, when required by Section .320 (d), OMB Circular A-133,
as revised, by or on behalf of Recipient directly to each of the following at the address indicated:
A. DEO at each of the following addresses:
Electronic copies (preferred): Auditndeo.myflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
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 106 Street
Jeffersonville, IN 47132
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8.C.3.a
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (0, OMB
Circular A-133, as revised.
2. Pursuant to Section .320 (0, OMB Circular A-133, as revised, Recipient shall submit a copy of the reporting
package described in Section .320(c), OMB Circular A-133, as revised and any management letter issued by
the auditor, to DEC) at each of the following addresses:
Electronic copies (preferred): Audit@deo.=florida.com
Tflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
3. Copies of financial reporting packages required by PART 11 of this Exhibit shall be submitted by or on behalf
of Recipient direr to each of the following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.myflorida.com
Or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, FL 32399-1450
Email Address: flaudgen_localgovt@aud.state.fl.us
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8.C.3.a
4. Copies of reports or the management letter required by Part III of this Exhibit shall be submitted by or on
behalf of Recipient directly to:
A. DEO at each of the following addresses:
N/A
5. Any reports, management letter, or other information required to be submitted to DEO pursuant to this
Agreement shall be submitted timely in accordance with 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.
6. Recipients, when submitting financial reporting packages to DEO for audits done in accordance with OMB
Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for -profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to Recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
Recipient shall retain sufficient records demonstrating its compliance with the terms of this Exhibit for a
period of five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting
requirements are satisfied and final payments have been received, whichever period is longer, and shall allow
DEO, or its designee, CFO, or Auditor General access to such records upon request. Recipient shall ensure
that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon request
for a period of five (5) years from the date the audit report is issued, unless extended in writing by DEO. In
addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior
to the expiration of the controlling period as identified above, the records shall be retained until completion
of the action and resolution of all issues which arise from it, or until the end of the controlling period as
identified above, whichever is longer.
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8.C.3.a
FFY 2016 CSBG AGREEMENT
EXHIBIT 1-A
FUNDING SOURCES
FEDERAL RESOURCES AWARDED TO RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program, prouide the same information shown below far
each Federalprogram and show total.Federal resounys awarded If inappheable, delete the table below and type `NIA':
Federal Awarding Agency:
Pass -Through Entity:
Federal Award Identification Number:
Federal Award Date:
Total Federal Award to Pass -Through Entity:
Catalog of Federal Domestic Assistance Title:
U.S. Department of Health and Human Services
Florida Department of Economic Opportunity
G-12B2FLCOSR
(see 2 CFR §200.39)
19,232,590
Community Services Block Grant Program
Catalog of Federal Domestic Assistance Number: 93.569
Recipient's DUNS -Registered Name: St. Lucie County
Recipient's DUNS Number:
Federal Funds Obligated to Recipient:
Project Description:
This is not a research and development award
Indirect Cost Rate:
072215403
$323,742
CSBG provides funds to eligible entities to alleviate the
causes and conditions of poverty in communities
(see 2 CFR § 200.87if unsure)
(see 2 CFR § 200.331(a)(1)(56) & (4); 2 CFR §
,200.414)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows:
First app&able compliance requirement (e.g., what servicesf purposes resources must be arced for : Recipient shall us e the CSBG
funds to provide a range of services and activities having a measurable and potentially major impact on poverty
in the communities where poverty is a particularly acute problem. These funds will be expended in accordance
with Attachment A, Attachment B, Attachments I-M, applicable OMB Circulars, and the FFY 2016 CSBG
State Plan.
2. Second applicable compliance requirement (e.g., n6gibi,60 requirements for recipients of the resoumes): Recipient shall comply
with applicable OMB Circulars and eligibility requirements as set forth in the U.S. Department of Health and
Human Services regulations codified in Title 45 of the Code of Federal Regulations, Part 96 — Block Grants,
and Title 31 of the Code of Federal Regulations, Part 205 — Cash Management Improvement Act of 1990.
STATE RESOURCES AWARDED TO RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING: None
MATCHING RESOURCES FOR FEDERAL PROGRAMS: None
SUBJECT TO SECTION 215.97 FLORIDA STATUTES: None
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8.C.3.a
State Project: None
COMPLIANCE REQUIREMENT S APPLICABLE TO STATE RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS: None
NOTE: Title 2 C.F.R. S 200.331, as revised, and section 215.97(5), F.S., require that the information about Federal
Programs and State Projects included in Exhibit 2 be provided to Recipient.
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8.C.3.a
FFY 2016 CSBG AGREEMENT
EXHIBIT 2
AUDIT COMPLIANCE CERTIFICATION
Recipient Name:
FEIN: Recipient's Fiscal Year:
Contact Person Name and Phone Number. _
Contact Person Email Address:
1. DID RECIPIENT EXPEND STATE FINANCIAL ASSISTANCE, DURING ITS FISCAL YEAR, THAT IT
RECEIVED UNDER ANY AGREEMENT (E.G., CONTRACT, GRANT, MEMORANDUM OF AGREEMENT,
MEMORANDUM OF UNDERSTANDING, ECONOMIC INCENTIVE AWARD AGREEMENT, ETC.)
BETWEEN CONTRACTOR AND THE DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO)? YES
NO
IF THE ABOVE ANSWER IS YES, ALSO ANSWER THE FOLLOWING BEFORE PROCEEDING TO ITEM
2:
DID RECIPIENT EXPEND $500,000 OR MORE OF STATE FINANCIAL ASSISTANCE (FROM DEO AND
ALL OTHER SOURCES OF STATE FINANCIAL ASSISTANCE COMBINED) DURING ITS FISCAL YEAR?
YES NO
IF YES, RECIPIENT CERTIFIES THAT IT WILL TIMELY COMPLY WITH ALL APPLICABLE STATE
SINGLE OR PROJECT -SPECIFIC AUDIT REQUIREMENTS OF SECTION 215.97, FLORIDA
STATUTES, AND THE APPLICABLE RULES OF THE DEPARTMENT OF FINANCIAL SERVICES
AND THE AUDITOR GENERAL.
2. DID RECIPIENT EXPEND FEDERAL AWARDS, DURING ITS iAsuAL YhAx, .i.HA j_ 11 RECEIVED
UNDER ANY AGREEMENT (E.G., CONTRACT, GRANT, MEMORANDUM OF AGREEMENT,
MEMORANDUM OF UNDERSTANDING, ECONOMIC INCENTIVE AWARD AGREEMENT, ETC.)
BETWEEN CONTRACTOR AND DEO? YES NO
IF THE ABOVE ANSWER IS YES, ALSO ANSWER THE FOLLOWING BEFORE PROCEEDING TO
EXECUTION OF THIS CERTIFICATION:
DID RECIPIENT EXPEND $750,000 OR MORE IN FEDERAL AWARDS (FROM DEO AND ALL OTHER
SOURCES OF FEDERAL AWARDS COMBINED) DURING ITS FISCAL YEAR? YES NO
IF YES, RECIPIENT CERTIFIES THAT IT WILL TIMELY COMPLY WITH ALL APPLICABLE
SINGLE OR PROGRAM -SPECIFIC AUDIT REQUIREMENTS OF 2 C.F.R., PART 200, SUBPART F.
By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2 are true
and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
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8.C.3.a
FFY 2016 CSBG AGREEMENT
EXHIBIT 3
SUBRECIPIENT FEDERAL AWARD AGREEMENTS CHECKLIST
Criteria
SUBRECIPIENT
INFORMATION
Required Federal Award Identification Information
2 C.F.R.
200.331
i
SubreciTent name which must match registered name in DUNS);
St. Lucie County
(a)(1)
Subrecipient's DUNS number (see 5 200.32 Data Universal Numbering
072215403
ii)
System(DUNS) number);
iii
Federal Award Identification Number FA
G-12B2FLCOSR
4/1/2015;
iv
Federal Award Date see § 200.39 Federal award date);
7/1/2015
October 1, 2015;
v
Subaward Period of Performance Start and End Date;
September 30, 2016
vi
Amount of Federal Funds Obligated by this action;
$323,742
vii
Total Amount of Federal Funds Obligated to the Subreci ient;
$323,742
viii
Total Amount of the Federal Award;
$19,232,590
The Community
Services Block
Grant (CSBG)
provides funds to
alleviate the causes
and conditions of
Federal award project description, as required to be responsive to the
poverty in
ix
Federal Funding Accountability and Transparency Act FFATA ;
communities
Federal Awarding
Agency: U.S.
Department of
Health and Human
Services;
Pass Through
Entity: Florida
Department of
Economic
Opportunity
Contact: Paula
Name of Federal awarding agency, pass -through entity, and contact
Lemmo, 850-717-
x
information for awarding official,
8450
CFDA Number and Name; the pass -through entity must identify the
93.569; Community
dollar amount made available under each Federal award and the CFDA
Services Block
xi
number at time of disbursement;
Grant Program
xii
Identification of whether the award is R&D; and
No
Indirect cost rate for the Federal award (including if the de minimis rate
xiii
is charged per 5 200.414 Indirect F&A) costs).
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8.C.3.a
2 C.F.R.
5200,331
AA requirements imposed by the pass -through entity on the
(a)(2)
Subrecipient so that the Federal award is used in accordance with
See Attachments A,
Federal statutes, regulations and the terms and conditions of the
Band C
Federal award.
2 C.F.R.
Any additional requirements that the pass -through entity imposes on
200.331
the Subrecipient in order for the pass -through entity to meet its own
See Attachments A,
(a)(3)
responsibility to the Federal awarding agency including identification of
B and C
any required financial and performance reports.
2 C.F.R.
An approved federally recognized indirect cost rate negotiated between
200.331
the Subrecipient and the Federal government or, if no such rate exists,
See line 2 C.F.R.
(a)(4)
either a rate negotiated between the pass -through entity and the
§ 200.331
Subrecipient (in compliance with this Part), or a de-minimis indirect
(a)(1)(xiii) above,
cost rate as defined in § 200.414 Indirect (F&A) costs, paragraph (b) of
and Attachment C
this Part.
2 C.F.R.
5 200.331
A requirement that the Subrecipient permit the pass -through entity and
(a)(5)
auditors to have access to the Subrecipient's records and financial
statements as necessary for the pass -through entity to meet the
Yes, Paragraph (5)
requirements of this section, �§ 200.300 Statutory and national policy
of this Agreement
requirements through 200,309 Period of performance and Subpart F -
Audit Requirements of this Part.
2 C.F.R.
5200.331
Appropriate terms and conditions concerning closeout of the
See Attachment C
(a) (6)
Subaward.
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8.C.3.a
FFY 2016 CSBG AGREEMENT
ATTACHMENT A
SCOPE OF WORK
Recipient shall comply with, and if applicable, shall ensure all subcontractors' compliance with, the following
requirements:
A. Payment and Deliverables
Recipient shall be reimbursed monthly for expenditures reported on its Monthly Financial Status Report as
described in Attachment C, Reports. Reimbursement shall be made on a monthly basis for the Deliverable
accepted by DEO as having been successfully completed.
(1) "Deliverable" is defined as:
a. Certification that Recipient operated during its regular business hours as identified in Attachment F,
Warranties and Representations.
(2) The Deliverable shall be reported monthly on Recipient's Monthly Financial Status Report as described in
Attachment C, Reports.
(3) Successful completion of the Deliverable shall be determined by receipt by DEO of Recipient's Monthly
Financial Status Report containing the certification required in Subparagraph A.(1)a. above.
B. Financial Consequences
(1) DEO shall not reimburse any expenditures associated with Deliverables not accepted by DEO as successfully
completed; however, this does not preclude Recipient from receiving payment for such expenditures upon
successful completion of the Deliverable.
(2) If Recipient fails to be open, and available, for services according to its regular business hours as identified in
Attachment F, Warranties and Representations, outside weekends and holidays, Recipient shall pay to DEO
financial consequences for such failure, unless DEO waives such failure in writing based upon its
determination that the failure was due to factors beyond the control of Recipient.
(3) Recipient's failure shall result in an assessment of a financial consequence in the amount of ten dollars and
zero cents ($10.00) per day Recipient failed to operate according to its regular business hours, up to a
maximum of one hundred dollars and zero cents ($100.00).
(4) Any amounts due under this Financial Consequence shall be paid by Recipient out of non -Federal funds.
(5) Any Recipient which received funding in the previous Federal fiscal year will not have its present or future
funding terminated or reduced below the proportional share of funding it received in the previous year,
unless after notice, and opportunity for hearing on the record, DEO determines that cause existed for such
termination or reduction subject to the procedures and review by the Secretary of the U.S. Department of
Health and Human Services as provided in 42 U.S.0 5 9915 of the Community Services Block Grant Act (the
"Act'.
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8.C.3.a
(6) The Financial Consequences identified in this Agreement do not preclude Recipient from being subject to
"Debarment and Suspension" as prescribed by DEO. When a Recipient fails to comply with the terms of this
Agreement, a temporary suspension of funding for enforcement purposes may be instituted, but shall not
constitute a statutory termination or reduction of funding as prescribed by 42 U.S.C. 59915 of the Act.
C. Definitions
(1) "Administrative Expense" — Those costs that refer to central executive functions that do not directly
support a specific project or service. Costs that are incurred for common objectives that benefit multiple
programs administered by Recipient. Administrative expenses relate to the general management of the
organization, such as strategic direction, board development, Executive Director functions, accounting,
budgeting, personnel, procurement, and legal services. (Information Memorandum from the Office of
Community Services for the United States Department of Health and Human Services, IM No. 37, issued
March 12, 2013).
(2) "Applicant" — A person or persons who has submitted or requested an application for services.
(3) "Application Date" - The date the application is completed (whether by self or with assistance), signed by
the Applicant, and verified by Recipient's staff. This date shall not be changed.
(4) `Application Receipt" — The date an Applicant first submits an application for assistance.
(5) "Community Action Plan" — the Community Action Plan as submitted by Recipient according to 42 U.S.C.
§ 9908(b)(11) of the Act. Recipient shall use the most recent DEO Community Action Plan template.
(6) "Eligible Activities" — include, but are not limited to, the following:
a. A range of services and activities having a measurable and potentially major impact on causes of
poverty in the community or those areas of the community where poverty is a particularly acute
problem;
b. Activities designed to assist eligible participants with low-income to:
1. Secure and retain meaningful employment;
2. Attain an adequate education;
3. Make better use of available income;
4. Obtain and maintain adequate housing and a suitable living environment;
5. Obtain emergency assistance to meet immediate and urgent individual and family needs,
including the need for health related assistance;
6. Remove obstacles and solve problems that block the achievement of self-sufficiency;
7. Achieve greater participation in the affairs of the community; and
8. Make more effective use of other programs related to the purposes of the Act.
c. Provide, on an emergency basis, for the provision of such supplies and services, nutritious food-
stuffs, and related services, as may be necessary to counteract conditions of starvation and
malnutrition among individuals with low-income;
d. Coordinate and establish linkages between governmental and other social services programs to assure
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the effective delivery of such services to individuals with low-income;
e. Encourage the use of entities in the private sector of the community in efforts to ameliorate poverty
in the community; or
f. Other activities which may be approved in writing by DEO.
(7) "Eligible Entity" - any organization, public or nonprofit, officially designated as a community action agency
or a community action program under the Federal Legislative provisions of Section 210 of the Economic
Opportunity Act of 1964, for fiscal year 1981 or established after 1981 in compliance with Federal law to
serve areas not served by an existing eligible entity. If such community action agency or community action
program lost its designation under Section 210 of such act as a result of a failure to comply with the
provisions of said act or who has been determined ineligible, a replacement community action agency will
be designated in accordance with provisions of Federal Law.
(8) "Eligible Participant" - those individuals whose total gross countable household income from all household
members does not exceed 125 percent of the current Office of Management and Budget Poverty
Guidelines.
(9) "Federal Law"- unless otherwise specified, 42 U.S.C. Chapter 106, the Community Services Block Grant
Act as amended and 45 C.F.R. Parts 16, 74 and 96.
(10) "Household" - an individual or group of individuals living together as one economic unit.
(11) "Population" - total number of residents for each county, excluding inmates of institutions, as extrapolated
from the latest official State estimate of population by the University of Florida Bureau of Economic
Research and Development. For limited purpose agencies as designated under title II of the Economic
Opportunity Act of 1964 for fiscal year 1981 which served the general purposes of a community action
agency under title II of such Act, "population" means the total estimated number of residents for each
county or service area meeting the definition of that limited program.
(12) "Program Expense" -program costs that can be specifically identified with delivery of a particular project,
service, or activity undertaken by Recipient to achieve an outcome intended by the funding program.
Program Expenses can include expenditures on some activities with administrative qualities, including
salaries and benefits of program staff and managers, equipment, training, conferences, travel, and contracts
that expressly relate to the delivery of an individual program or service funded by a specific grant source.
(Information Memorandum from the Office of Coummity Services for the United States Department of
Health and Human Services, IM No. 37, Issued March 12, 2013).
(13) "Recipient" —in general, for Federal program purposes, "Recipient" is any organization, public or
nonprofit, determined by DEO to be an Eligible Entity to receive funding pursuant to an agreement for an
approved program and operating budget for delivery of Eligible Activities. Recipients include nonprofit
organizations, migrant and seasonal farmworker organizations, and local governments as defined in the
following paragraphs (a)-(c), provided such recipient is in good standing or has not been determined
ineligible. For purposes of this Agreement, "Recipient" is the entity entering into this Agreement with
DEO.
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(a) "Nonprofit organization" — an organization created according to State law to provide services to
benefit the general public.
(b) "Migrant and seasonal farmworker organization" - an organization funded to provide direct services to
a target population of migrant and seasonal farmworkers under the CSBG Program and having a Board
of Directors composed of at least 51 percent representatives of migrant and seasonal fartnworkers.
(c) "Local government" or "local governing authority' - the governing body of a county or municipality.
(14) "Secondary Administrative Expense" -an Administrative Expense to support Eligible Activities as defined
in Paragraph (6) above, for which program activities are directly funded or governed by a source other than
CSBG.
D. Recipient Board Requirements
(1) In accordance with the requirements of 42 U.S.C. 9910(a), an Eligible Entity receiving CSBG funds
pursuant to this Agreement shall establish a board in accordance with the following.
(a) For a private non-profit entity:
1. one-third of the members of the board are elected public officials, holding office on the date of
selection, or their representatives. Letters reaffirming the delegation, signed by the elected officials,
shall be required each year regardless of the number of years the terms run. Agencies providing
services in multi -county areas are required to submit to DEO a plan to ensure representation of
every county served. When an entity expands to include a new county into its service area, the new
county must be represented on the board by an elected public official currently holding office, or
their representative for the first two years.
2. Not fewer than one-third of the members are persons chosen in accordance with democratic
selection procedures adequate to assure that they are representatives of individuals and families with
low-income in the area served. Each member selected to represent a specific neighborhood within a
community must reside in the neighborhood represented by the member.
3. The remainder of the members are officials or members of business, industry, labor, religious,
welfare, education, or other major groups and interests in the community served. Interest groups are
organizations with nonprofit status, incorporated and registered with the office of the Florida
Secretary of State.
(b) For Public Organizations:
1. A tripartite board, which shall have members selected by the organization and shall be composed so
as to assure that not fewer than one-third of the members are persons chosen in accordance with
democratic selection procedures adequate to assure that these members;
i. are representative of low-income individuals and families in the neighborhood served;
ii. reside in the neighborhood served; and
iii are able to participate actively in the development, planning, implementation, and evaluation of
programs funded under this Agreement; or
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2. another mechanism specified by the State to assure decisionmaking and participation by low-income
individuals in the development, planning, implementation, and evaluation of programs funded under
this chapter.
(2) Recipient shall demonstrate that the CSBG program is administered through a tripartite board that meets the
requirements of 42 U.S.C. § 9910(a) or (b) by maintaining documentation including, but not limited to, the
following:
(a) Board member application, resume, letter of intent to serve, background check or due diligence
documentation;
(b) Minutes of the member's seating;
(c) Appointment letter;
(d) Yearly reaffirmation letters (for public sector members);
(e) Vacancy declaration;
(� Resignation letter or notification of term end;
(g) Election selection documentation (for low-income sector members); and
(h) Excused/unexcused absence documentation.
(3) The board of directors will fully participate in the development, planning, implementation, and evaluation of
the CSBG program to serve communities and individuals with low-income. Full participation includes, but is
not limited to, regular attendance at board meetings, participation on board committees, knowledge of the
organization's mission and goals, and fiduciary duties. Regular attendance is defined as at least seventy
percent of the seated members attending at least two/thirds of the regularly scheduled board meetings each
year as designated in Recipient's bylaws or governing documents.
(4) Recipient's bylaws or governing documents shall include a procedure which will allow individuals with low-
income, community organizations, and religious organizations to petition for adequate representation on the
board if they feel inadequately represented.
(5) All board of directors meetings and board committee meetings subject to Florida's Government in the
Sunshine Law (section 286.011, F.S.), as stated in Paragraph (20)(k) of this Agreement, shall be publicly
noticed at least seven calendar days but not more than thirty calendar days prior to the date on which the
meeting is scheduled.. Such notices must be given by publishing meeting information by methods acceptable
under the Florida Sunshine Law. If immediate danger to the public health, safety or welfare occurs requiring
emergency action by the board, a board meeting may be scheduled by any procedure that is fair under the
circumstances and necessary to protect the public interest.
E. Scope of Work/Program Tasks/Program Requirements
(1) Recipient shall administer the CSBG Program in accordance with information and directives provided in
DEO-issued Information Memorandum notifications, DEO-issued policy directives (if any), and this
Agreement.
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(2) Recipient shall use the funds pursuant to this Agreement to carry out Eligible Activities that include, but are
not limited to:
a. Supporting activities that are designed to assist families and individuals with low income, including families
and individuals receiving assistance under Part A of Title . V of the Social Security Act (42 U.S.C. §601, et
seq.), homeless families and individuals, migrant and seasonal farm workers, and elderly individuals and
families with low income;
b. Addressing the needs of youth in communities with low income through youth development programs that
support the primary role of the family; and
c. Making effective use of and coordinating with other programs.
(3) Recipient must maintain the following written policies:
a. A policy that outlines its procedure and requirements for conducting home visits to home -bound
Applicants, especially the elderly or disabled, for completion of the program application or eligibility
determination when other assistance is not adequate.
b. A policy to secure Applicants' social security numbers in order to protect their identity. At a minimum,
this policy shall address the handling of both paper and electronic records and files. Recipient shall, in
collecting Applicants' social security numbers, use the Notice Regarding Collection of Social Security
Numbers. The Notice shall be signed by the Applicant and maintained in the client file.
c. A policy that shall include, at a minimum, types of services provided, written appeal procedures, internal
monitoring processes, and family self-sufficiency guidelines.
d. A policy for providing written notice of denial and appeal for any Applicant denied CSBG services.
The notice must include the appeals process and the reason(s) for the denial. In cases where the
denial is for lack of documentation, Recipient must explain what specific documents are required in
order for the applicant to reapply for services.
(4) In accordance with 42 U.S.C. §9919(a), as amended, Recipient may conduct drug testing on CSBG program
participants. If Recipient does so, it must inform participants who test positive and refer them to treatment
facilities.
(5) All records, correspondence, employee time sheets, board minutes, board meeting notices and other
documents related to CSBG funded activities shall be available for public inspection during normal business
hours.
(6) Recipient shall maintain documentation to demonstrate coordination and non -duplication of services with
other anti -poverty programs in each community served.
(7) In accordance with 42 U.S.C. § 9919, as amended, Recipient assures that it will inform custodial parents in
single parent homes who participate in CSBG-funded programs about the availability of child -support
services and refer them to the appropriate state and local child support offices.
(8) If Recipient administers a transportation program, it must comply with chapter 427, F'.S., to coordinate with
the appropriate transportation provider(s).
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(9) Recipient's Attachment N to this Agreement must be consistent with the most recent community needs
assessment officially adopted by Recipient's board of directors.
(10) Recipient shall enter into a Memorandum of Understanding (MOU) with all Workforce Florida, Inc.
(d/b/a CareerSource Florida), boards in its service area. The MOU shall detail cooperative workforce
training and employment efforts and shall describe the actions that will be taken by both parties to
assure the coordination and partnership of the CSBG Program and Workforce Florida, Inc. "One -Stop"
delivery system, services and information. Recipient shall review and renew the MOU at least once every
three years. The current MOU must be submitted to DEO with this executed Agreement.
(11) Recipient shall be in a location and operate during hours available to Applicants and in accordance with the
days and times as described in Attachment F, Warranties and Representations.
(12) Recipient shall develop and implement a Family Self -Sufficiency Program (FSSP). The FSSP represents a
community and neighborhood based approach to the organization and delivery of locally available social
services in order to help eligible families become self-reliant and independent of all forms of public assistance.
The program shall be designed to identify the needs of participating families and to deliver a comprehensive
and coordinated set of services to facilitate the participant's efforts to achieve and maintain self-sufficiency.
(13) Recipient shall have appropriate staff attend training sessions scheduled by DEO to cover CSBG policies
and procedures.
(14) Recipient shall furnish training for all staff members assigned responsibilities within the program.
(15) Recipient must comply with the Federal Financial Accountability and Transparency Act (FFATA). This
includes securing a Dun and Bradstreet Numbering System (DUNS) number (www.dnb ;corn) and
maintaining an active and current profile in the Central Contractor Registration (CCR) (www.ccr.gov).
F. Client Eligib�il
(1) Recipient shall certify that each household receiving CSBG funded services is income eligible. The sum of all
countable income from all household members must be used in determining eligibility. The total gross
household income cannot exceed 125 percent of the current Office of Management and Budget Poverty
Guidelines.
(2) Recipient shall use income documentation of all household income sources that is no more than one year old
and maintain the documentation in the client file. In the event that the Applicant cannot provide income
documentation, Recipient shall require the Applicant to provide a signed self -declaration of income to attest
to the applicant's verbal declaration of total household income. This self -declaration must specify the
reasons that no current income documentation can be supplied by the applicant and a statement of how the
applicant is providing for his/her basic needs.
(3) In calculating total gross household income, Recipient shall abide by the current year Sources of
Allowable Income to determine what is and is not counted as income.
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G. E1Wb1e Participant Records
Recipient shall maintain information in a file for each CSBG Eligible Participant that includes at least the
following information:
(1) Applicant's name, address, sex, race, and age;
(2) Names, ages, and identification documentation of all household members;
(3) Social Security Numbers and documentation of such numbers for all household members or the citation to
the applicable exemption;
(4) Income amount and method of verification for all household members;
(5) Income documentation to support eligibility;
(6) Statement of self -declaration of income, if applicable;
(7) Signed Notice Regarding Collection of Social Security Numbers;
(8) Date Applicant was interviewed, services provided to the Applicant and documentation of any denial of
services;
(9) A signed CSBG Application with signatures of the Applicant, and Recipient's representative and
supervisory staff;
(10) Photo identification, expired and current, when providing assistance with CSBG funds for the Applicant to
secure current identification documentation; and,
(11) Rental/lease agreement or mortgage when providing rental or mortgage assistance with CSBG
funds.
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8.C.3.a
FFY 2016 CSBG AGREEMENT
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
A. Inco1poration of Laws Rules RegWations and Policies
The applicable documents governing service provision regulations are in the Act (42 U.S.C. Chapter 106), as
amended, Title 45 C.F. R. Part 96, the "Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200" (hereinafter referred to as the "Super Circular', and
the provisions of the current approved Community Services Block Grant State Plan, including all approved
amendments or revisions. The following Federal Department of Health and Human Services regulations
codified in Title 45 of the Code of Federal Regulations are also applicable under this Agreement.
(1) Part 16, Procedures of the Departmental Grant Appeals Board;
(2) Part 30, Claims Collection;
(3) Part 73b, Debarment and Suspension from Eligibility for Financial Assistance (Non -procurement);
(4) Part 80, Nondiscrimination Under Programs Receiving Federal Assistance through the Department of
Health and Human Services, Effectuation of Title VI of the Civil Rights Act of 1964;
(5) Part 8, Practice and Procedure for Hearings under Part 80 of this Title;
(6) Part 84, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal
Financial Assistance;
(7) Part 86, Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving or
Benefiting from Federal Financial Assistance;
(8) Part 87, Equal Treatment for Faith -Based Organizations;
(9) Part 91, Nondiscrimination on the Basis of Age in HHS Programs or Activities Receiving Federal
Financial Assistance;
(10) Part 93, New Restrictions on Lobbying;
(11) Part 97, Consolidation of Grants to the Insular Areas;
(12) Part 100, Intergovernmental Review of Department of Health and Human Services Programs and
Activities.
B. Funding Availability for Expenditure
Funds are available for expenditure in accordance with the Act and 45 C.F.R. Part 96. The CSBG Program is
authorized and funded through the Federal Department of Health and Human Services. For states, local
governments and non -profits, follow the Super Circular for cost principles, administrative requirements, audit
requirements, and the laws and procedures applicable to the CSBG Program.
C. Funds Distribution
Funding of Eligible Entities shall be awarded based on an allocation plan designed to facilitate statewide
expansion of the community action network and a gradual equalization of funding based in part on the
percentage of the poverty population for the service area. Pursuant to H.R. 3061, the Department of Labor,
Health and Human Services, and Education, and Related Agencies appropriations Act of 2002, CSBG funds
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shall be distributed by DEO to Eligible Entities in accordance with the requirements in 42 U.S.0 5 9907,
which requires that, to the extent CSBG fiends are distributed as grants by a state to Eligible Entities provided
under the Act, and have not been expended by such entity, the funds shall remain with such entity for
carryover into the next Federal fiscal year for program activities consistent with the CSBG Program.
However, prior year carryover of unexpended funds, at the time of close-out, these funds must be returned to
DEC). All carryover funds must be expended within the next Federal fiscal year or be returned to the Federal
funding agency.
D. Projects or Programs Funded in Whole or Part with Federal MoaeX
As required by Section 508 of Public Law 103-333, when issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds, including but not limited to State and local
governments and recipients of Federal research grants, shall clearly state:
(1) the percentage of the total costs of the program or project which will be financed with Federal money,
(2) the dollar amount of Federal funds for the project or program, and
(3) percentage and dollar amount of the total costs of the project or program that will be financed by
nongovernmental sources.
E. Interest from Cash Advances
Recipients shall invest cash advances in compliance with section .21 (h) (2) (i) of the Common Rule and 2
C.F.A. � 200.305, Payment.
F. Program Income
Program Income is gross income received that is directly generated by the Federally -funded project during the
grant period. Recipient may reapply Program Income, excluding interest income, for eligible program activities.
The amount of Program Income and its disposition must be reported to DEO on the monthly financial status
reports and at the time of submission of the final close-out report.
G. Informal Modifications
No expenditure in excess of the amount funded under this Agreement at the time the expenditure is incurred
shall be valid. Increases in funding are only valid by formal modification as described in Paragraph (4) of this
Agreement; however, the Parties agree to allow Informal Modifications of Attachments I, J, K, L, M and N in
accordance with the following process:
(1) Recipient must use a DEO-approved Informal Modification package.
(2) In Attachments J, K, and L, only unobligated funds may be transferred from one line item to another line
item.
(3) Any request for modification to increase or decrease any line item that is not submitted to DEO for
approval thirty calendar days prior to the anticipated implementation date may result in reimbursement
delays.
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(4) Recipient must submit to DEO a letter of explanation for the modifications made and a completed
modification package, including Modified Attachments I, J, K, L, M and N, as applicable. Modified
Attachment J must be signed by Recipient. Prior to the submission of a Financial Status Report in which
the changes are implemented, Recipient must have received DEO's written approval of the proposed
modifications.
(5) Upon approval by DEO, Recipient's budget detail will be revised in DEO's electronic payment system.
(6) None of the budget transfers may violate this Agreement or the Super Circular, and if Recipient is a for -
profit entity, all budget transfers must comply with 48 C.F.R_ §31.2.
H. Insurance
(1) Non -Profit Organizations: Recipient agrees to purchase a blanket fidelity bond covering all officers,
employees and agents of Recipient holding a position of trust and authorized to handle funds received
or disbursed under this Agreement. Individual bonds apart from the blanket bond are not acceptable.
The amount of the bond must cover each officer, employee and agent up to an amount equal to at
least one-half of the total CSBG agreement amount. Recipient shall submit documentation prior to
execution of this Agreement.
(2) Local Governments: Recipient agrees to purchase a fidelity bond in accordance with section 113.07,
F.S. The fidelity bond must cover all officers, employees and agents of Recipient holding a position of
trust and authorized to handle funds received or disbursed under this Agreement. Recipient shall submit
documentation prior to execution of this Agreement.
I. Monitoring
(1) DEO shall conduct a full onsite review of Recipient at least once during each three-year period.
Recipient shall allow DEO to carry out monitoring, evaluation and technical assistance, and shall
ensure the cooperation of its employees, and of any subcontractors with whom Recipient contracts to
carry out program activities.
(2) DEO shall provide training and technical assistance, within the limits of staff time and budget
availability, upon request by Recipient or determination by DEO of recipient need.
(3) DEO shall conduct follow-up reviews including prompt return visits to recipients that fail to meet the
goals, standards, and requirements established by the State and Federal funding agency.
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FFY 2016 CSBG AGREEMENT
ATTACHMENT C
REPORTS
A. ANNUAL REPORTS
(1) Close-out Report: The CSBG Close -Out Report is due forty-five calendar days after termination of the
Agreement or forty-five calendar days after completion of the activities contained in the Agreement,
whichever occurs first. If the forty-fifth calendar day falls on a weekend day or holiday, the Close -Out
Report shall be due on the next business day. Recipient shall submit original signed documents to DEO
that include, at a minimum, the Close -Out Cover Sheet, the CSBG Final Financial Status Report,
property inventory and accrual report, report on interest bearing accounts, a refund check for any
unspent funds, if applicable, and a refund check for any interest earned on advances, if applicable.
(2) IRS Form 990: Recipients that are below the $750,000 threshold for all Federal awards in its fiscal year,
are non-profit entities, and exempt from the Federal Single Audit Act requirements, shall submit with
its Agreement proposal a copy of its most recent IRS Form 990.
(3) CSBG Information System Surve : Recipient shall complete and submit the CSBG Information System
Survey on an annual basis. Recipient shall be notified in writing of the due date and submission
requirements.
(4) Communi Action Plan: Recipient shall submit its completed Community Action Plan on an annual
basis. Recipient shall be notified in writing of the due date and submission requirements.
(5) Organizational Standards Field Guide: Recipient shall submit its completed Organizational Standards
Field Guide and any requested supporting documentation on an annual basis. Recipient shall be notified
in writing of the due date and submission requirements.
B. OUARTERLY REPORTS:
The CSBG Quarterly Florida Outcomes for Community Action Systems (FOCAS) Report shall be provided to
DEO no later than twenty-one calendar days following the end of the quarter. For the purposes of this
Agreement, the ending dates of the quarters are December 31, March 31, June 30 and September 30. In the
event the twenty-first calendar day of the month falls on a weekend day or holiday, the Quarterly FOCAS
Report shall be due the next business day.
C. MONTHLY REPORTS:
The CSBG Monthly Financial Status Report shall be provided to DEO no later than the twenty-first day of
each month following the end of the reporting month in which funds were expended. Recipient shall submit the
report regardless of whether funds were expended. Reimbursement of expenditures shall be based on this
report. Only with prior approval by DEO, will more than one reimbursement be processed for any calendar
month. The Monthly Financial Status Report must be submitted in DEO's current electronic financial
management system and a signed copy submitted via facsimile or electronic mail by the due date. In the event
the twenty-first day of the month falls on a weekend day or holiday, the Monthly Financial Status Report shall
be due the next business day.
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(1) Each Monthly Financial Status Report shall contain the following information:
a. All expenditures that occurred during the reporting month;
b. The amount of reimbursement requested;
C. The number of clients served; and
d. An attestation, signed by an authorized signatory, that Recipient was open and operating
during its stated business hours.
(2) All Monthly Financial Status Reports shall be signed and dated.
(3) DEO shall review each Monthly Financial Status Report for compliance with the requirements as
stated in Attachment A of this Agreement.
E. BOARD MINUTES
Copies of minutes of board meetings, draft or signed, shall be provided to DEC) no later than thirty calendar
days from the date of the meeting. If the thirtieth day falls on a weekend day or holiday, the minutes shall be
due on the next business day.
F. MONITORING REPORT RESPONSES
Recipient shall provide a written response to DEO for all monitoring report findings or concerns no later than
thirty-five calendar days from the date of the original monitoring report. DEO shall notify Recipient of the
due date for any subsequent monitoring report responses as may be required. If the thirty-fifth day falls on a
weekend day or holiday, the response to the original report shall be due on the next business day. Recipient
may request an extension in writing for DEO's review and approval.
G. COST ALLOCATION PLAN
Per 2 CFR 200.405, Recipient is required to have written financial management systems procedures for
determining the reasonableness, allocability, and allowability of costs in accordance with the provisions of the
cost principles and terms and conditions of the award. To document this, Recipient must submit a copy of its
written Cost Allocation Plan to DEO with this Agreement.
H. INDIRECT COST RATE PROPOSAL
Per 2 C.F.A. § 200,414, Recipient is required to use an indirect cost rate if not direct charging all costs to the
program. Recipient shall submit its current Indirect Cost Rate Proposal to DEO with this Agreement. This is
the amount charged through indirect cost allocation plans approved by Recipient's cognizant Federal agency
or the 10% de-minimis rate as applied to Modified Total Direct Cost as allowed by the Super Circular. If
Recipient chooses to use the de-minimis rate, Recipient shall make sure it is entitled to use that rate and
include a statement to that effect.
I. OTHER REPORTS
Upon reasonable notice, Recipient shall provide such additional program updates, reports, and information as
may be required by DEO, including supporting or source documentation for any reports identified above in
this Attachment.
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8.C.3.a
J. SUBMISSION
Unless otherwise noted, reports shall be submitted to DEO's Grant Manager designated in Paragraph (14) of
this Agreement.
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FFY 2016 CSBG AGREEMENT
ATTACHMENT D
PROPERTY MANAGEMENT AND PROCUREMENT
Recipient shall comply with property management standards for non -expendable property equivalent, at a minimum,
as provided in 2 C.F.R. 5 200.313, Equipment, and 2 C.F.R. § 200.314, Supplies.
A. All property purchased under this Agreement shall be inventoried annually and an inventory report shall be
made available to DEO upon request.
B. All property purchased under this Agreement shall be listed on the property records of Recipient. Said listing
shall include a description of the property, model number, manufacturer's serial number, funding source,
information needed to calculate the Federal and/or State share, date of acquisition, unit cost, property inventory
number and information on the location, use and condition, transfer, replacement or disposition of the property.
C. Title (Ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in
DEO upon completion or termination of the Agreement.
D. Recipient agrees to comply with Section 507 of Public Law 103-333 and all requirements of this Agreement.
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FFY 2016 CSBG AGREEMENT
ATTACHMENT E
STATEMENT OF ASSURANCES
A. Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be
admitted to any share of part of this Agreement or to any benefit to arise from the same.
B. Interest of Members Officers or Eml&yees of Recipieni, Members of Local Governing Bod or
Other Public Officials
No member, officer, or employee of Recipient, or its delegates or agents, no member of the governing body of
the locality in which the program is situated, and no other public official of such locality or localities who
exercises any functions or responsibilities with respect to the program during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for
work to be performed in connection with the program assisted under this Agreement. Recipient shall
incorporate or cause to be incorporated in all such Agreements, a provision prohibiting such interest pursuant
to the purposes of this subsection. No board member, officer or employee will be permitted to receive any
remuneration or gift in any amount. Board members may receive travel expenses in accordance with section
112.061, F. S.
C. Nepotism
Recipient agrees to abide by the provisions of section 112.3135, F S., pertaining to nepotism in its performance
under this Agreement
D. CSBG Assurances
Recipient hereby assures and certifies as a condition of receipt of CSBG funds, that it and its subcontractors
will comply with the applicable requirements of Federal and State laws, rules, regulations, and guidelines. As
part of its acceptance and use of CSBG funds, Recipient assures and certifies that:
(1) Recipient possesses the legal authority to apply for the grant, and that the contract proposal has been
approved by Recipient's governing body, including all assurances contained herein.
(2) Recipient will use CSBG funds to provide services and activities having measurable and potentially major
impact on causes of poverty in the community. Funds not used during the Agreement period will be returned
to DEO with the close-out report.
(3) Recipient will provide for coordination among anti -poverty programs in each community.
(4) Recipient possesses the sound fiscal controls and fund accounting procedures necessary to adequately
safeguard the assets of Recipient, check the accuracy and reliability of accounting data, promote operating
efficiency and maintain compliance with audit procedures and prescribed management policies of Recipient.
(5) Recipient will permit and cooperate with Federal and State investigations designed to evaluate compliance
with the law. Recipient will notify DEO in writing immediately of any allegations or acts pertaining to fraud or
the misuse of CSBG funds.
43
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8.C.3.a
(6) Recipient will give DEC), the Auditor General or any authorized representative complete access to
examine all records, books, papers or documents related to all fiscal and program operations of the grant,
including those of any subcontractor.
(7) Recipient will comply with non-discrimination provisions, in accordance with Florida Statutes; 42 U.S.C.
59918(c), as amended; Titles VI and VII of the Civil Rights Act of 1964; and 45 C.F.R Parts 84, 86 and 90.
(8) Recipient will comply with 42 U.S.C. § 9918, as amended, which prohibits use of CSBG funds for
purchase or improvement of land, or the purchase, construction, or permanent improvement of any building
or other facility.
(9) CSBG administrative expenses shall not exceed 15 percent of the total final CSBG expenditures at close
out. Any amount in excess of this limit shall be refunded to DEO at time of Agreement close out.
(10) If Secondary Administrative Expenses are requested, the following conditions must be met:
(a) Attachment J and Attachment M, must document how these expenses will be used to support eligible
CSBG activities.
(b) The administrative expenses of the secondary grant source must be fully utilized prior to using CSBG
funds for secondary administrative expenses.
(c) CSBG funds may not be used to increase administrative expenses for a secondary grant source above
15 percent of the secondary grant source's total grant amount.
(d) Only Recipient is eligible for these funds. Secondary administrative expenses may not be claimed or
used by subcontractors.
(e) All contracts and fiscal expense documentation related to the grant sources for which secondary
administrative expense is claimed must be made available to DEO upon request.
( Audit costs, travel, and association dues are not allowable secondary administrative expenses.
(g} Under no circumstances shall secondary administrative expenses be approved for costs already
covered by the secondary grant source, nor for any other administrative costs exceeding the total of 15
percent of the total secondary grant source budget.
(11) This Agreement and all its Attachments, including budget data, are true and correct.
(12) In accordance with 42 U.S.C. 5 9918(b), as amended, Recipient will prohibit any political activities by
Recipient or employees in accordance with the Hatch Act restrictions on political activity.
(13) In accordance with 42 U.S.C. § 9908(b)(11), as amended, Recipient must provide DEO with a Community
Action flan using the most current DEO Community Action Plan template. The Community Action Plan must
be supported by a community needs assessment for the community or communities served, and be consistent
with Attachment N of this Agreement. The community needs assessment must at a minimum include the
following.
(a) Agency mission statement;
(b) Agency service delivery system;
(c) Linkages and funding coordination;
(d) Case management system; and
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8.C.3.a
(e) List of services and programs, including National Performance Indicators.
(14) Recipient agrees to adhere to a provision of 42 U.S.C. § 9907(a)(1), as amended, and the FFY 2014
through FFY 2016 CSBG State Plan regarding the recapture of unobligated funds. Funds allocated in this
Agreement and not obligated by Recipient during the Agreement period, will be returned to DEO at the time
of close out. Any unobligated funds will be reallocated to Recipient during the next Federal fiscal year.
(15) Each Recipient receiving an allotment for a Federal fiscal year shall adhere to the Application and Plan
assurances set forth in 42 U.S.C. § 9908, as amended.
(16) Recipient assures that this Agreement has been approved by Recipient's governing body by official action,
and the signatory is duly authorized to sign the Agreement.
(17) Recipient shall have appropriate staff attend training sessions conducted by DEO.
(18) Recipient shall comply with Public Law 103-227, Part C, Environmental Tobacco Smoke, also known as
the Pro -Children Act of 1994. This act requires that smoking not be permitted in any portion of any indoor
facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health,
day care, education, or library services to children under the age of 18, if the services are funded by Federal
programs either directly or through State or local governments. Federal programs include grants, cooperative
agreements, loans or loan guarantees, and contracts. The law does not apply to children's services provided in
private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for in-
patient drug and alcohol treatment. Recipient further agrees that this language will be included in any subawards
which contain provisions for children's services and that all subcontractors shall certify compliance accordingly.
Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up
to one thousand dollars and zero cents ($1,000.00) per day.
(19) Direct Federal grants, subawards, or contracts funded through CSBG shall not be used to support
inherently religious activities such as religious instruction, worship, or proselytization. Recipients must take
steps to separate, in time or location, their inherently religious activities from the services funded under the
CSBG program. Regulations pertaining to the prohibition of Federal funds for inherently religious activities
can be found on the HHS website at: hgp://www.os.dhhs.gov/fbd/waisgate2l.12df.
(20) This award is subject to the requirements of section 106(g) of the Trafficking Victims Protection Act of
2000, as amended (22 U.S.C. § 7104). The use of Federal funds from this Agreement constitutes Recipient's
acceptance of these terms and conditions.
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8.C.3.a
FFY 2016 CSBG AGREEMENT
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
A. Financial Management
Recipient warrants that its financial management system shall provide 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, un-obligated 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 shall be related to performance and unit cost data.
(5) Written procedures for determining whether costs are allowed and reasonable under 2 CFR Part 200,
Subpart E--Cost Principles, and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
B. Competition
Recipient warrants the following:
(1) All procurement transactions shall be done in a manner to provide open and free competition.
(2) 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.
(3) Awards shall be made to the bidder, or offeror, whose bid, or offer, is responsive to the solicitation
and is most advantageous to Recipient, considering the price, quality, and other factors.
(4) 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 Recipient. Any and all bids or offers may be rejected when it
is in Recipient's interest to do so.
C. Codes of Conduct
Recipient warrants the following:
(1) Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts.
(2) 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
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8.C.3.a
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.
(3) The officers, employees, and agents of Recipient shall neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors, or parties to subcontracts.
(4) The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of Recipient.
D. Business Hours
Recipient warrants that it shall have its offices open for business, with the entrance door open to the public,
and at least one employee on site, on (days) { ) through (, and from
(times) ( ) to
E. Licensing and Permitting
Recipient warrants that all subcontractors or employees hired by Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by Recipient.
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8.C.3.a
FFY 2016 CSBG AGREEMENT
ATTACHMENT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION
NOTE: Prior to issuing subawards or subcontracts under this Agreement, Recipient must consult the System for
Award Management (SAM} to ensure that organizations under funding consideration are not ineligible. The list is
available on the Web at www.sam.gov.
(1) The prospective subcontractor of Recipient, , certifies, by submission of
this document, that neither it not 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 Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall
attach an explanation to this form.
SUBCONTRACTOR:
(Type Name)
By
Signature
Name & Title
Street Address
City, State, Zip
Date
Recipient's Name
DEO Agreement Number
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8.C.3.a
FFY2016 CSBG AGREEMENT
ATTACHMENT H
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g))
2 CFR § 175.15, Award Term
1. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.
1. You as Recipient, your employees, Subrecipients under this award, and Subrecipients' employees
may not--
i. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a
Subrecipient that is a private entity
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to
have violated a prohibition in paragraph a.1 of this award term through conduct that is either,
A. Associated with performance under this award; or
B. imputed to you or the Subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB
Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at [agency must insert reference here to
its regulatory implementation of the OMB guidelines in 2 CFR Part 180 (e.g., "2 CFR Part
b. Provision applicable to a recipient other than a private entity. We, as the Federal awarding agency, may
unilaterally terminate this award, without penalty, if a Subrecipient that is a private entity--
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to
have violated an applicable prohibition in paragraph a.1 of this award term through conduct that
is either--
i. Associated with performance under this award; or
ii. Imputed to the Subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies
on Government wide Debarment and Suspension (Nonprocurement)," as implemented by our
agency at [agency must insert reference here to its regulatory implementation of the OMB
guidelines in 2 CFR Part 180 (e.g., "2 CFR Part = }J.
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8.C.3.a
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a violation
of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 5 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any Subaward you make to a
private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a Subrecipient who is engaged in the performance of the
project or program under this award; or
ii. Another person engaged in the performance of the projector program under this award and not
compensated by you including, but not limited to, a volunteer or individual whose services are
contributed by a third party as an in -kind contribution toward cost sharing or matching
requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force,
fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as
those terms are defined in 2 C.F.R. 5 175.25.
i.i. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital,
or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. �
175.25(b).
B. A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section
103 of the TVPA, as amended (22 U.S.C. � 7102).
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8.C.3.a
FFY 2016 CSBG AGREEMENT
ATTACHMENT I
RECIPIENT INFORMATION
REPLACE THIS PAGE WITH COMPLETED ATTACHMENT I
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8.C.3.a
FFY 2016 CSBG AGREEMENT
ATTACHMENT J
BUDGET SUMMARY
REPLACE THIS PAGE WITH COMPLETED ATTACHMENT J
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8.C.3.a
FFY 2016 CSBG AGREEMENT
ATTACHMENT K
SUBCONTRACTOR INFORMATION AND BUDGET SUMMARY
REPLACE THIS PAGE WITH COMPLETED ATTACHMENT K
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8.C.3.a
IFFY 2016 CSBG AGREEMENT
ATTACHMENT L
BUDGET DETAIL
REPLACE THIS PAGE WITH COMPLETED ATTACHMENT L
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8.C.3.a
FFY 2016 CSBG AGREEMENT
ATTACHMENT M
SECONDARY ADMINISTRATIVE EXPENSES
REPLACE THIS PAGE WITH COMPLETED ATTACHMENT M
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8.C.3.a
FFY 2016 CSBG AGREEMENT
ATTACHMENT N
WORKPLAN
REPLACE THIS PAGE WITH COMPLETED ATTACHMENT N
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8.C.3.a
FFY 2016 CSBG AGREEMENT
ATTACHMENT O
JUSTIFICATION OF ADVANCE PAYMENT
REPLACE THIS PAGE WITH COMPLETED ATTACHMENT O
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RESOLUTION
8.C.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 Health & Human Services through a Grant Agreement, in the amount of $323,742,
for the Community Services Block Grant (CSBG) Program.
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 15th day of September, 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
001574-6420-331691-600 Dept. Of Health & Human Services $323,742
APPROPRIATIONS
001574-6420-512000-600 Salaries $100,000
001574-6420-581065-600 Martin County $ 77,380
001574-6420-581075-600 Okeechobee $ 38,626
001574-6420-583000-600 Other Grants and Aids $107,736
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 15TH DAY OF SEPTEMBER 2015.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Packet Pg. 240
8.C.3.c
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.
(3) The officers, employees, and agents of Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts.
(4) The standards of conduct shall provide for disciplinary actions to be applied for violations of
the standards by officers, employees, or agents of Recipient.
D. Business Hours
Recipient warrants that it shall have its offices open for business, with the entrance door open to the
public, and at least one employee on site, on (days) ( ) through ( ),
and from (times) ( ) to ( ).
E. Licensing and Permitting
Recipient warrants that all subcontractors or employees hired by Recipient shall have all current
licenses and permits required for all of the particular work for which they are hired by Recipient.
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8.C.3.d
FFY 2016 CSBG AGREEMENT
ATTACHMENT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION
NOTE: Prior to issuing subawards or subcontracts under this Agreement, Recipient must consult the System
for Award Management (SAM) to ensure that organizations under funding consideration are not ineligible.
The list is available on the Web at www.sam.gov.
(1) The prospective subcontractor of 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 Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
(Type Name)
(Signature)
Name & Title
Street Address
City, State, Zip Code
Date
Recipient's Name
DEO Agreement Number
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8.C.3.e
FFY2016 CSBG AGREEMENT
INSTRUCTIONS
For Attachment N and the 2015-2016 Worksheet
The FY2016 CSBG Workplan and Worksheet for your FY 2015-2016 CSBG Agreement will be similar to last year. They include the
abbreviated version that is part of your agreement (the "Workplan, Attachment N"), and the comparison version, or the
"Worksheet". Both closely track the CSBG Information System Survey (IS Survey). These spreadsheets are provided to you in an
Excel notebook. This notebook includes the following: Tab 1 - Instructions; Tab 2 - 2015-2016 Worksheet; Tab 3 - Explanations;
and Tab 4 - 2015-2016 Workplan. As you complete the Worksheet (Tab 2), the Workplan (Tab 4) should automatically fill for you.
STEP 1: GATHER YOUR MATERIAL: Gather the following documents that you will need to
complete this portion of your contract:
2014-2015 CSBG Third Quarter FOCAS Report
2014-2015 CSBG Workplan. If the contract has been modified, use the most recent approved Workplan
2013-2014 NASCSP IS Survey
2015-2016 Program and Funding Projections
STEP 2: COMPLETE THE WORKSHEET - Use the following guide:
A. Important Notes:
Make all your entries on the Worksheet. Do not enter any information directly on the Workplan.
At the top of the first page of the Worksheet enter the agency name, DEO contract number, contact person's name,
telephone and email address. When the form is printed, the agency name will appear in the header for each page.
Using your current year accomplishments and the most recent IS Survey to make the most accurate projections possible,
provide information regarding what your agency's accomplishments will be during the contract year. Your projections
should be reasonable and attainable taking into consideration the needs and economic status in your specific service area.
For each NPI, enter in Column C the number of units of service you expect to achieve by the end of the contract period.
All agencies must select at least one NPI in Goals 1, 2 and 6 on which to report. All NPIs in Goals 3, 4 and 5 must be
completed.
Some cells are shaded light green and contain formulas that will total the appropriate values. If a correction is needed,
correct the data, and the total will correct itself.
Do not leave any required NPIs blank. This will prevent DEO from needing to contact you about your Work Plan or
Worksheet. If your agency will not be reporting on an NPI, mark it "0" or "NA".
Some of the NPI language has been abbreviated in order for it to fit more easily on the form. For the full text of the NPIs
and measures, refer to
NASCSP NPI Instruction Manual
Enter the historic data in columns D, E and H FIRST. Then complete Column C, "2014-2015 Contract Proposed Units
Expected to be Achieved" and provide any explanations required in Column G.
TAB 1 - Instructions
Packet Pg. 243
8.C.3.e
B. Line by Line Instructions for Completing the Worksheet:
I. Heading
Fill in the Recipient's full legal name, the DEO Contract Number, the contact person's name and telephone number (including
area code and extension), and email address. This information will be linked to the other worksheets automatically. The Date is
an Excel command and should fill automatically. If it does not, add the date the worksheet is completed.
II. Expected Numbers to be Served
Projected number of individuals and families to be served by your agency during the year. Include those to be served from
all the programs you report on in your IS Survey. Only the current year projections Column C, needs to be completed for
these rows.
III.Columns
C. FY2015-2016 Contract Proposed Units Expected to Be Achieved
Projected units of service expected to be achieved by the end of the contract year.
D. FY2014-2015 Contract Work Plan Expected to Achieve
For each NPI, enter the units of service expected to be achieved from your current 2014-2015 CSBG contract. If the
contract has been modified, use the last approved projections.
E. FY2014-2015 Contract FOCAS Report Actual Units Achieved as of THIRD QUARTER
This column is the actual year-to-date ACHIEVED data of each NPI reported in the 2014-2015 Third Quarter FOCAS
report. Use the year-to-date from your third quarter report.
F. Percentage of Units Achieved
A percentage will be calculated as you complete Column D ( Current year Units Expected to be Achieved) and Column C
(FY 2015 - 2016 Proposed Achievements). D / C = F
For or any item that is less than 80% or greater than 120% provide an explanation on the EXPLANATION TAB provided
in this workbook.
G. Requires Explanation
The percentage of Column F is checked against the current threshold (normally under 80%, and over 120%) and indicates
when an explanation is required. Due to being in mid -contract the threshold for this spreadsheet is under 80% and over
120%.
H Units Achieved, Completed, Accomplished, Finished, etc. IS Survey 2013
Enter the data from your final 2013 CSBG IS Survey.
IV. NPI Special Notes
NPIs 1.3, 2.1, 2.2 , and 5 - Table 2 have been divided into two parts. Complete both parts. The sub -headings used in these
cases and their meaning are as follows: $$$ = Dollars; Proj = Projects or Initiatives; Oppor = Opportunities; % = Percent
or Percentage; Staff = employee(s) of the Recipient; Hrs = Hours.
NPI 4.1- 8,(5); Table 2, H and 5 -Table 3,C have been provided with extra lines for "other" items.
Space has also been provided on the last page of the summary for notes and comments.
Except for Table 1 none of the tables in NPI 5 are included in the IS Survey. They are included here (and in the contract
workplan) to enable agencies to demonstrate and document improvement in their operations, equipment, staff training, etc.
Please complete this information in columns C, D, and F.
TAB 1 - Instructions
Packet Pg. 244
8.C.3.e
STEP 3: CHECK YOUR WORK: Check the CSBG Workplan (Attachment N) to make sure the
numbers have transferred correctly and that the information matches your Worksheet. The
Workplan should automatically fill as you complete Column C on the Worksheet.
STEP 4: PRINTING and SUBMISSION
Print Tab 4, Workplan, and insert a set into each of your signed 2014-2015 CSBG contract as Attachment N, and submit
with your contract package.
Print one (1) copy of Tab 2, the Worksheet, and submit it with your contract supporting documents. It is not to be
included as part of the signed contract.
Print commands have been programmed in page set-up. You should only have to click anywhere on a page and press
"print". If your printer does not recognize the commands programmed, try the following:
a. Highlight the entire area to be printed. (do this one page at a time)
b. Click on "File", then "Print" (or whatever menu(s) bring up print formatting for your computer)
c. Click on "Selection" (so that it will print the 'highlighted' area)
d. Click on "Preview" (make sure pages are ending appropriately, and include headings and page numbers, etc.)
e. If adjustments are needed, click on "Setup"
f Enter appropriate margins and scale (about 65 on most printers) to print document on as few pages as possible. The Work
Plan should be printed in "portrait" orientation. The Worksheet should be printed in "landscape" orientation.
g. Click "Print".
ADDITIONAL INFORMATION: For detailed information on the NPIs, see the following
websites and documents.
a. Go to the National Association for State Community Service Programs at
NASCSP NPI Instruction Manual
b. If you do not already have a copy of these instructions, save and print the guide. These instructions will assist you in
completing the Work Plan.
c. For additional information on Goal 5, Table 1, go to
CSBG/IS Instructions Manual
Save and print Part I: Section F - Other Resources Generated by the CSBG Network (see page 24), and Appendix B, Federal
Resources (see page 39).
TAB 1 - Instructions
Packet Pg. 245
FFY2016 CSBG AGREEMENT
CONTACT:
RECIPIENT:
CSBG Worksheet
PHONE:
CONTRACT:
EMAIL:
DATE:
C D E
AH
FY2015-2016 Contract FY2014-2015 Contract FY2014-2015 Contract
EXPECTED NUMBERS TO BE SERVED Workplan FOCAS Report
Percent of Deviation
Units Achieved,
Proposed Units
between Requires
Completed,
Expected to be Expected to Achieve Actual Units
Column D Explanation
Accomplished,
Achieved Achieved as of
and
Finished, etc.
THIRD QUARTER
Column C
IS Survey 2013
1,
Total Number of Individuals Expected to be Achieved (Served)
2.
Total Number of Families Expected to be Achieved (Served)
+—
B
C
D
E
NPI
1.1 Employment
OUTCOME
FY2015-2016 Contract
Proposed Units
Expected to be
Achieved
FY2014-2015 Contract
Workplan
Expected to Achieve
FY2013-2014 Contract
FOCAS Report
Actual Units
Achieved as of
THIRD QUARTER
Percent of Deviation
between
Column D
and
Column C
Requires
Explanation
Units Achieved,
Completed,
Accomplished,
Finished, etc.
IS Survey 2013
A.
Unemployed and obtained a job
—A
B.
Employed and maintained a job for at least 90 days.
C.
Employed and obtained an increase in employment income and/or benefits
D.
Achieved "living wage" employment and/or benefits
A.
Supports1.2 Employment
Obtained skills/competencies required for employment
B.
Completed ABE/GED and received certification or diploma
C.
Completed post -secondary education program and obtained certificate or diploma
D.
Enrolled children in before or after school programs
E.
Obtained care for child or other dependent
F.
Obtain access to reliable transportation and/or driver's license
G.
Obtained health care services for themselves or family member
H.
Obtained and/or maintained safe and affordable housing
I.
Obtained food assistance
J.
Obtained non -emergency LIHEAP energy assistance
K.
Obtained non -emergency WX energy assistance
L.
Obtained other non -emergency energy assistance (State/local/private energy programs. Do Not include LIHEAP or WX)
*** I Obtained identification or work permit documentation for employment (social security card, work permit, etc.)
The current IS Survey, which is mirrored by this workbook, removed 1.2 M and replaced it with a generic "other" category
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
co
6
W
fD
RECIPIENT: CONTRACT: DATE:
Id
in tax preparation programs who qualified for any type of Federal or State tax credit.
M
obtaining court -ordered child support payments.
olled in telephone lifeline and/or energy discounts with agency assistance.
Utilization
D.
Participants demonstrating ability to complete and maintain a budget for over 90 days
E.
Participants opening an Individual Development Account (IDA) or other savings account
F.
Participants who increased their savings through IDA or other savings account
G.
Number capitalizing a small business with accumulated savings
H.
Number pursuing post -secondary education with savings
I.
1 Number purchasing a home with accumulated savings
J.
INumber purchasing other assets with accumulated savings
• •
d, or saved, from reduction or elimination in the community
living wage jobs created, or saved from reduction or elimination in the community
7D..Safe,
fordable housing units created in the community
able housing units in the community preserved or improved through Community Action or advocacy
E.
Accessible, safe and affordable health care services/facilities for low-income people created or saved.
F.
Accessible, safe & affordable child care/child development placement opportunities created or saved.
G.
Accessible before/after school program placement opportunities for low-income families created or saved.
H.
Accessible new/preserved/expanded transportation resources available to low-income people (public/private)
I.
Accessible new/preserved/increased educational and training placement opportunities for low-income people
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
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Quality2.2 Community
A. Increase in community assets due to a change in law/regulation/policy, resulting in better quality of life
B. Increase availability/preservation of community facilities (schools libraries, community centers, etc.)
C. Increase in the availability or preservation of community services to improve public health and safety
D. Increase in the availability or preservation of commercial services within low-income neighborhoods
E. Increase in or preservation of neighborhood quality -of -life resources
A. Community members mobilized to participate in community revitalization and anti -poverty initiatives
Hours donated by low-income people
a) Serve on the CAA Board of Directors
b) Serve on Head Start Policy Councils
c) Serve on Family Center / Parent Councils
d) Serve on other CAA Advisory Boards, councils, or committees
e) Serve on other community advisory or governing boards or committees as a CAA representative
B.
1.
f) Assist with program activities and logistics
g) Participate in advocacy to meet agency and community goals
h) Participate in advocacy to influence polices/practices of government and/or private entities
i) Other CAA clients or low-income persons volunteer with the agency.
Total volunteer hours from low income people
0
0
0
0
Hours donated by non low-income people
a) General Public
b) CAA non -low-income board members
c Other non-profit or government agencies
B.
2.
d) Business Community
e) Other
Total volunteer hours from non low-income people
0
0
0
0
Total number of volunteer hours donated to the agency
0
0
0
now]
0
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
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4.1
A.
Expanding Opportunities Through Community -Wide Partnerships
Non -Profit
Org
Partners
Org
Partners
Org
Partners
Org
Partners
Org
Partners
Org
partnelm
B.
Faith Based
C.
Local Government
D.
State Government Entity
E.
Federal Government Entity
F.
For -Profit Business or Corporation
G.
Consortiums/Collaboration
H.
Housing Consortiums/Collaboration
I.
School Districts
J.
Institutions of post secondary education/training
K.
Financial/Banking Institutions
L.
Health Service Institutions
M.
State-wide associations or collaborations
Others: Please identify:
1)
2)
N.
Total unduplicated number of organizations agency actively works with to expand resources & opportunities 0 0 0 0 0 0
0 I 0 I
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
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..
Table 1 Broadening the Resource Base
A.
Community Services Block Grant (CSBG)
B.
Federal Government Resources -- Other than CSBG
a) Weatherization Assistance program funded by DOE through DEO
b) LIHEAP - Fuel Assistance (HHS)
c) LIHEAP - Weatherization (HHS)
d) Head Start (HHS)
e) Early Head Start (HHS)
0 Older Americans Act (HHS)
g) SSBG (HHS)
h) Medicare/Medicaid (HHS)
i) Temporary Assistance to Needy Families (TANF)
j) Child Care Development Block Grant from (CCDBG)
k) Other HHS Resources (List in order of size. Give the name of the source and the CFDA number. Do not use abbreviations. All HHS CFDAs start with "93.")
1)
2)
3)
4)
1) Women, Infant and Children (WIC)(USDA)
m) USDA non-food programs (e.g. rural development)
n) All other USDA Food Programs
o) CDBG federal, state or local
Housing Programs funded by HUD
1) Section S
2) Section 202
3) Home tenant based assistance
4) HOPE for Homeowners Program (11411)
5) Emergency Shelter Grant Program (ESGP)
6) Continuum of Care (CofC)
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
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q) All other HUD programs including homeless programs
r) Employment and Training Programs (US DOL)
s) Other US DOL programs
t) Corporation for National and Community Service (CNCS) programs
u) FEMA
v) Transportation (US DOT)
w) Department of Education (EDU)
x) Department of Justice (DOJ)
y) Department of Treasury
z) Other Federal Sources: List by name of funding source and the CFDA Number. Do not use abbreviations.
1)
2)
3)
4)
TOTAL: NON-CSBG FEDERAL RESOURCES
0
0
0
0
C. State Resources (Non-federal, state -appropriated funds)
a) State appropriated funds used for the same purpose as federal CSBG funds
b) State Housing and Homeless Programs (including housing tax credits)
c) State Nutrition Programs
d) State Day Care and Early Childhood Programs
e) State Energy Programs
State Health Programs
g) State Youth Development Programs
h) State Employment and Training Programs
i) State Head Start Programs
j) State Senior Services
k) State Transportation Programs
1) State Education Programs
m) State Community, Rural and Economic Development Programs
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
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n) State Family Development Programs
o) Other State Funded programs: List by name of funding source. Do not use abbreviations.
1)
2)
3)
4)
TOTAL: STATE RESOURCES
0
0
0
0
D. ILocal Government Resources
a) Amount of unrestricted funds appropriated by local government
b) Amount of restricted funds appropriated by local government
c) Value of Contract Services
d) Value of in -kind goods/services received from local government
e) Other Local Government Resources: Give description or name of program. Do NOT abbreviate.
1)
2)
3)
4)
TOTAL: LOCAL GOVERNMENT RESOURCES
0
0
0
0
E. I Private Sector Resources
a) Funds from Foundations, Corporations, United Way, other non -profits
b) Other donated funds
c) Value of donated items, food, clothing, furniture, etc.
d) Value of in -kind services received from businesses
e) Payments by clients for services
Payments by private entities for goods or services for low-income clients or communities
g) Other Private Sector Resources
1)
2)
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
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3)
4)
TOTAL: PRIVATE SECTOR RESOURCES
0
0
0
0
TOTAL
NON-CSBG RESOURCES (Federal+State+Local Government+Private Sector)
0
0
0
0
TOTAL
CSBG Funds
0
1 0
1 0
0
TOTAL
AGENCY BUDGET I I 1
0
10
1 0
0
Table 2
Agency Increase Staff Capacity to Achieve Results Through Training
A.
Staff who work with customers in self-sufficiency program receive training specific to case management
B.
Staff who work with customers in self-sufficiency programs receive training specific to family development
C.
Staff who work with grants/contract management receive training to expand/update/upgrade their skills
D.
Fiscal staff attend training on OMB Circular or audit compliance
E.
Fiscal staff receive accounting, data collection or management training.
F.
Program staff receive data collection or management training.
G.
Staff or management receive ROMA training from a certified ROMA trainer.
H.
Other training received by staff or management.
Total Staff and Management Training (Totals for A through H above.)
0
0
0
0
0
0
0
0
J.
Board members receive training related to their roles and responsibilities.
K.
Board members receive ROMA training from a certified ROMA trainer.
L.
Other training received by CAA Board members.
Total Board Member Training (Total of J through L.)
0
1 0
1 0
1 0
1 0
1 0
0
1 0
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
RECIPIENT: CONTRACT: DATE:
Table 3 JAGENCY DEVELOPMENT - Agency Increases Its Capacity to Achieve Results Through Training
A.
Number of C-CAPs
B.
Number of Certified ROMA Trainers
C.
Number of certified Family Development Trainers
D.
Number of Certified Child Development Trainers
E.
Agency staff obtained other credential that increase their capacity to achieve results (explain in narrative)
F.
Number of staff and management attending trainings
G.
Number of board members attending trainings
H.
Hours of staff and management trainings
I.
Hours of board members in training
Table 4 jAgency Increases Ability to Measure and Track Clients' Progress Toward Self -Sufficiency. Indicate with an "X" the ONE statement in A and B that BEST describes your organization.
Client Intake Process
A.
1.
A common in -take process and common ID# is used for all clients
2.
A common in -take process and common ID# is used for some clients
3.
A separate in -take process and/or separate ID# is used for each program administered
Client/Customer Measure Progress toward Achievement of Self -Sufficiency
1.
Agency utilizes a databases for all clients for use in intake and assessment and provision of services
B.
2.
Agency utilizes databases for some clients for use in intake and assessment and provision of services
3.
Agency uses database for all client intake/assessment/provision of services & outcome measurement
4.
Agency uses database for some client intake/assessment/service provision & outcome measurement
Computer programs used to manage client information and track client progress
I.
C.
2
.
3.
4.
5.
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
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Table 5 jAgency Organizes & Operates Programs, Services and Activities Toward accomplishing Family and Community Outcomes. (Answer Yes or No for each.)
Agency has the capacity to report client/customer progress toward self-sufficiency
1.
Agency can report outcomes that measure progress without use of an outcome scale.
A.
2.
Agency utilizes outcome scales to measure client movement toward self-sufficiency
3.
Agency has capacity to derive unit cost statistics: cost/service delivered or cost of service per client
IE:
4.
Agency has capacity to derive unit cost statistics for effectiveness: cost er outcome delivered
Agency has provided ROMA training within the past 2 years by a certified ROMA trainer
1.
At least half of the Agency board has received ROMA training
B.
2.
Agency management staff has received ROMA training
3.
Agency supervisory staff has received ROMA training
4.
Agency line staff has received ROMA training
Agency programs achieved accreditation demonstrating they meet or exceed nationally recognized standards
C.
1.
jEarly childhood care and education sites receive NAEYC or other recognized forms of accreditation
2.
jPrograms achieve other form of recognized accreditation.
Agency is implementing ROMA tools and management practices
D.
1.
Agency has adopted and implemented logic models for key programs and activities
2.
Agency programs and activities are evaluated using ROMA principals
3.
FOCAS & IS Survey reports are provided to, reviewed & discussed with board members at least quarterly.
6.1
A.
Independent
Senior Citizens (55 years old or older)
Individuals
with Disabilities
0
0
0
0
1.
Ages 0-17
B.
2.
Ages 18 - 54
3.
Ages 55 and Over
4.
Age Unknown
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
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6.2
-71
Emergency Assistance -9
Emergency Food
B.
Emergency Fuel or Utility payments (including LIHEAP or other public or private funding source)
C.
Emergency Rent or Mortgage Assistance
D.
Emergency Car or Home Repair (i.e. structural, appliance, heating system, etc.)
E.
Emergency Temporary Shelter
F.
Emergency Medical Care
G.
Emergency Protection from Violence
H.
Emergency Legal Assistance
I.
Emergency Transportation
J.
Emergency Disaster Relief
K.
Emergency Clothing
***I
Provide translation assistance in order for person to receive emergency services
*** The current IS Survey, which is mirrored by this workbook, removed 6.2 L and replaced it with a generic 'other" category
- - ..
d
children obtain age appropriate immunizations, medical and dental care
7Children
children health and physical development are improved as a result of adequate nutrition
rticipate in pre-school activities to develop school readiness skills.
D.
Children participating in re -school activities are developmentally ready for Kindergarten or 1st Grade
Youth
E.
Youth improve health and physical development
F.
Youth improve social/emotional development
G.
Youth avoid risk -taking behavior for a defined period of time
H.
Youth have reduced involvement with criminal justice system
I.
Youth increase academic, athletic or social skills by participating in before or after school programs
TaPents and other adults learn and exhibit improved parenting skills
ents and other adults learn and exhibit improved family functioning skills
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
RECIPIENT: CONTRACT: DATE:
71
Supports6.4 Family
Enrolled children In before or after school programs
B.
Obtained care for child or other dependent
C.
Obtained access to reliable transportation and/or driver's license
D.
Obtained health care services for themselves or a family member
E.
Obtained safe and affordable housing
F.
Obtained food assistance
G.
Obtained non -emergency LIHEAP energy assistance
H.
Obtained non -emergency WX energy assistance
I.
Obtained other non -emergency energy assistance (State/local/private energy program. Do Not include LIHEAP or WX.
6.5
A.
Service Counts
Food Boxes
B.
Pounds of Food
C.
Units of Clothing
D.
Rides Provided
E.
Information and Referral Calls
Attachment8.C.3.e: _FY2016 CSBG Attach N_Workplan (RES-2015-174 : RES - FY16 CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574)
8.C.3.e
FFY 2016 CSBG AGREEMENT
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NPI NARRATIVE
Packet Pg. 258
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Units Expected
EXPECTED NUMBERS TO BE SERVED
To Be
Achieved
# of
Participants
1.
Total Number of Individuals Expected to be Achieved Served
0
2.
Total Number of Families Expected to be Achieved (Served)
1 0
A.
B
C
NPI
OUTCOME
Units Expected
To Be
Achieved
1.1
Employment - The number and percentage of low-income participants in Community Action employment initiatives
who get a job or become self-employed, as measured by one or more of the following:
# of
Participants
A.
Unemployed and obtained a job
0
B.
Employed and maintained a job for at least 90 days.
0
C.
Employed and obtained an increase in employment income and/or benefits
0
D.
Achieved "living wage" employment and / or benefits
0
1.2
Employment Supports - The number of low-income participants for whom barriers to initial or continuous employment
are reduced or eliminated through assistance from Community Action as measured by one or more of the following:
# of
Participants
A.
Obtained skills/competencies required for employment
0
B.
Completed ABE/GED and received certification or diploma
0
C.
Completedpost-secondary education program and obtained certificate or diploma
0
D.
Enrolled children in before or after school programs
0
E.
Obtained care for child or other dependent
0
F.
Obtain access to reliable transportation and/or driver's license
0
G.
Obtained health care services for themselves or family member
0
H.
Obtained and/or maintained safe and affordable housing
0
I.
Obtained food assistance
0
J.
Obtained non -emergency LIHEAP energy assistance
0
K.
Obtained non -emergency WX energy assistance
0
L.
Obtained other non -emergency energy assistance State/local/private energy programs. Do Not include LIHEAP or WX
0
**
Obtained identification or work permit documentation for employment social security card, work permit, etc.
0
1.3
Economic Asset Enhancement and Utilization - The number and percentage of low-income households that achieve
an increase in financial assets and/or financial skills as a result of Community Action assistance and the aggregated
amount of those assets and resources for all participants achieving the outcome, as measured by one or more of the
following:
Participants Dollars
Enhancement
A.
IParticipants in tax preparation programs who qualified for any type of Federal or State tax credit.
0
0
B.
IParticipants obtaining court -ordered child support payments.
0
0
C.
INumber enrolled in telephone lifeline and/or energy discounts with agency assistance.
0
0
Utilization
D.
Participants demonstrating ability to complete and maintain a budget for over 90 days
0
E.
Participants opening an Individual Development Account (IDA) or other savings account
0
F.
Participants who increased their savings through IDA or other savings account
0
G.
Number capitalizing a small business with accumulated savings
0
700
H.
Number pursuing post -secondary education with savings
0
I.
Number purchasing a home with accumulated savings
0
J.
Number purchasing other assets with accumulated savings
0
0
2.1
Community Improvement and Revitalization -Increase in, or safeguarding of, threatened opportunities and community
resources or services for low-income people in the community as a result of Community Action projects/initiatives or
advocacy with other public and private agencies as measured by one or more of the following:
# of
Projects
# of
Oppor
A.
Jobs created, or saved, from reduction or elimination in the community
0
0
B.
Accessible livin wage jobs created, or saved from reduction or elimination in the community
0
0
C.
Safe and affordable housing units created in the community
0
0
D.
Safe, affordable housing units in the community reserved or improved through Community Action or advocacy
0
0
E.
Accessible, safe and affordable health care services/facilities for low-income people created or saved.
0
0
F.
Accessible, safe & affordable child care/child development placement opportunities created or saved.
0
0
G.
Accessible before/after school program placement opportunities for low-income families created or saved.
0
0
H.
Accessible new/preserved/expanded transportation resources available to low-income people (public/private
0
0
I.
Accessible new/preserved/increased educational and training placement opportunities for low-income people
0
0
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2.2
Community Quality of Life and Assets - The quality of life and assets in low-income neighborhoods are improved by
Community Action initiative or advocacy as measured by one or more of the following:
# of
Initiatives
# of
Assets
A.
Increase in community assets due to a change in law/regulation/policy, resulting in better quality of life
0
0
B.
Increase availability/preservation of community facilities schools libraries, community centers, etc.
0
0
C.
Increase in the availability or preservation of community services to improve public health and safety
0
0
D.
Increase in the availability or preservation of commercial services within low-income neighborhoods
0
0
E.
Increase in or preservation of neighborhood quality -of -life resources
0
0
For each entry, provide a description of what asset, service, or facility is being reported on the EXPLANATION TAB
2.3
Community Engagement - The number of community members working with Community Action to improve conditions
in the community
# of Participants
A.
Community members mobilized to participate in community revitalization and anti -poverty initiatives
0
Hours donated by low-income people # of Hours
a Serve on the CAA Board of Directors
0
b Serve on Head Start Policy Councils
0
c Serve on Family Center / Parent Councils
0
d Serve on other CAA Advisory Boards, councils, or committees
0
e Serve on other community advisory or governin boards or committees as a CAA representative
0
B
1
f Assist with program activities and logistics
0
Participate in advocacy to meet agency and community goals
0
h Participate in advocacy to influence polices/practices of government and/or private entities
0
i) Other CAA clients or low-income persons volunteer with the agency.
0
Total volunteer hours from low income people
0
Hours donated by non low-income people # of Hours
a General Public
0
b CAA non -low-income board members
0
c Other non-profit or government agencies
0
B
2
d Business Community
0
e) Other
0
Total volunteer hours from non low-income people
0
Total number of volunteer hours donated to the agency
0
3'1
Community Enhancement through Maximum Feasible Participation -The number of volunteer hours donated to
Community Action
# of Hours
Total number of volunteer hours donated by low-income individuals (only) to Community Action
0
3.2
Community Empowerment Through Maximum Feasible Participation - The number low-income people mobilized as a
direct result of Community Action initiative to engage in activities that support and promote their own well-being and
that of their community, as measured by one or more of the following:
Number of
Low income People
A.
Low-income peo le in formal, decision -making, community organizations, government, boards or councils
0
B.
Low-income people acquiring businesses in their community as a result of Community Action
0
C.
Low-income people purchasing their own home in their community as a result of Community Action
0
D.
Low-income people in non -governance community activities/groups created/supported by Community Action
0
4.1
Expanding Opportunities Through Community -Wide Partnerships - The number of organizations, both public and
private, that Community Action actively works with as a result of CSBG ARRA, to expand resources and opportunities
in order to achieve family and community outcomes.
Number of
Organizations
Number of
Partnerships
A.
Non -Profit
0
0
B.
Faith Based
0
0
C.
Local Government
0
0
D.
State Government Entity
0
0
E.
Federal Government Entity
0
0
F.
For -Profit Business or Corporation
0
0
G.
Consortiums/Collaboration
0
0
H.
Housing Consortiums/Collaboration
0
0
I.
School Districts
0
0
J.
Institutions of post secondary education/training
0
0
K.
Financial/Banking Institutions
0
0
L.
Health Service Institutions
0
0
M.
State-wide associations or collaborations
0
0
Others: Please identify:
1
0
2
0
N.
Total unduplicated number of organizations CAA works with to promotes family and community outcomes
0
0
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5.1
Agencies Leverage External Resources to Increase Their Capacity to Serve
Planned
Table 11 Broadening the Resource Base
A. lCommunity Services Block Grant CSBG
0
B. Federal Government Resources -- Other than CSBG
a
Weatherization Assistance program funded by DOE through DEO
0
b
LIHEAP - Fuel Assistance HHS
0
c
LIHEAP - Weatherization HHS
0
d
Head Start HHS
0
e
Early Head Start HHS
0
Older Americans Act HHS
0
SSBG HHS
0
h
Medicare/Medicaid HHS
0
i
Temporary Assistance to Needy Families TANF
0
Child Care Development Block Grant from CCDBG
0
k)
Other HHS Resources (List in order of size. Give the name of the source and the CFDA number. Do not use
abbreviations. All HHS CFDAs start with "93.")
0
1 0
0
2 0
0
3 0
0
4 0
0
I
Women, Infant and Children WIC USDA
0
m
USDA non-food programs (e.g. rural development)
0
n
All other USDA Food Programs
0
o
CDBG federal, state or local
0
Housing Programs funded by HUD
0
1) Section 8
0
2) Section 202
0
3) Home tenant based assistance
0
4) HOPE for Homeowners Program 1-141-1
0
5) Emergency Shelter Grant Program ESGP
0
6) Continuum of Care CofC
0
All other HUD programs including homeless programs
0
r
Employment and Training Programs US DOL
0
s
Other US DOL programs
0
t
Corporation for National and Community Service CNCS programs
0
u) FEMA
0
v
Transportation US DOT
0
w
Department of Education EDU
0
x
Department of Justice DOJ
0
Department of Treasury
0
z
Other Federal Sources: List by name of funding source and the CFDA Number. Do not use abbreviations.
0
1 0
0
2 0
0
3 0
0
4 0
0
TOTAL:
NON-CSBG FEDERAL RESOURCES
0
C. State Resources (Non-federal, state -appropriated funds)
a
State appropriated funds used for the same purpose as federal CSBG funds
0
b
State Housing and Homeless Programs(including housing tax credits
0
c
State Nutrition Programs
0
d
State Day Care and Early Childhood Programs
0
e
State Energy Programs
0
State Health Programs
0
State Youth Development Programs
0
h
State Employment and Training Programs
0
i
State Head Start Programs
0
State Senior Services
0
k
State Transportation Programs
0
I
State Education Programs
0
State Community, Rural and Economic Development Programs
0
Vm
n
State Family Development Programs
0
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8.C.3.e
RECIPIENT: 0 CONTRACT: 0
o Other State Funded programs: List by name of funding source. Do not use abbreviations.
0
1 0
0
2 0
0
3 0
0
4) 0
0
TOTAL: STATE RESOURCES
0
D. Local Government Resources
a Amount of unrestricted funds appropriated by local government
0
b Amount of restricted funds appropriated by local government
0
c Value of Contract Services
0
d Value of in-kindgoods/services received from local government
0
e Other Local Government Resources: Give description or name of program. Do NOT abbreviate.
1 0
0
2 0
0
3 0
0
4) 0
0
TOTAL: LOCAL GOVERNMENT RESOURCES
0
E. Private Sector Resources
a Funds from Foundations, Corporations, United Way, other non -profits
0
b Other donated funds
0
c Value of donated items, food, clothing, furniture, etc.
0
d Value of in -kind services received from businesses
0
e Payments by clients for services
0
Payments by private entities for goods or services for low-income clients or communities
0
Other Private Sector Resources
0
1 0
0
2 0
0
3 0
0
4 0
0
TOTAL: PRIVATE SECTOR RESOURCES
0
TOTAL
NON-CSBG RESOURCES (Federal+State+Local Government+private Sector)
0
TOTAL
JCSBG Funds
0
TOTAL
AGENCY BUDGET
0
Table 2 Agency Increase Staff Capacity to Achieve Results Through Training
Staff
Hrs
A.
Staff who work with customers in self-sufficiency program receive training specific to case management
0
0
B.
Staff who work with customers in self-sufficiency programs receive training specific to family development
0
0
C.
Staff who work with rants/contract management receive training to expand/update/upgrade their skills
0
0
D.
Fiscal staff attend training on OMB Circular or audit compliance
0
0
E.
Fiscal staff receive accounting, data collection or management training.
0
0
F.
Program staff receive data collection or management training.
0
0
G.
Staff or mana ement receive ROMA training from a certified ROMA trainer.
0
0
H.
Other trainin received by staff or management.
0
0
Total Staff and Management Training Totals for A through H above.
0
0
J.
113oard members receive training related to their roles and responsibilities.
0
0
K.
Board members receive ROMA training from a certified ROMA trainer.
0
0
L.
Other training received by CAA Board members.
0
0
Total Board Member Training (Total of J through L.)
0
0
Table 3 JAGENCY DEVELOPMENT - Agency Increases Its Capacity to Achieve Results Through Training
Resources
The number of human capital resources available
A.
Number of C-CAPs
0
B.
Number of Certified ROMA Trainers
0
C.
Number of certified Family Development Trainers
0
D.
Number of Certified Child Development Trainers
0
E.
Agency staff obtained other credential that increase their capacity to achieve results (explain in narrative)
0
F.
Number of staff and management attending trainings
0
G.
Number of board members attendingtrainin s
0
H.
Hours of staff and management trainin s
0
I.
Hours of board members in training
0
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8.C.3.e
RECIPIENT: 0 CONTRACT: 0
Table 4
Agency Increases Ability to Measure and Track Clients' Progress Toward Self -Sufficiency. Indicate with an "X" the ONE statement in A and
B that BEST describes your organization.
Client Intake Process
1.
A common in -take process and common ID# is used for all clients
0
A
2.
JA common in -take process and common ID# is used for some clients
0
3.
1A separate in -take process and/or separate ID# is used for each program administered
0
Client/Customer Measure Progress toward Achievement of Self-sufficiency
1.
Agency utilizes a databases for all clients for use in intake and assessment and provision of services
0
B.
2.
Agency utilizes databases for some clients for use in intake and assessment and provision of services
0
3.
Agency uses database for all client intake/assessment/provision of services & outcome measurement
0
4.
Agency uses database for some client intake/assessmenUservice provision & outcome measurement
0
Computer programs used to manage client information and track client progress
1.
0
C.
2.
0
3.
0
4.
0
5.
0
Table 5
Agency Organizes & Operates Programs, Services and Activities Toward accomplishing Family and Community Outcomes. (Answer Yes or
No for each.)
Agency has the capacity to report client/customer progress toward self-sufficiency
1.
Agency can report outcomes that measure progress without use of an outcome scale.
0
A.
2.
Agency utilizes outcome scales to measure client movement toward self-sufficiency
0
Agency has capacity to derive unit cost statistics: cost/service delivered or cost of service per client
0
_L
4.
Agency has capacity to derive unit cost statistics for effectiveness: cost per outcome delivered
0
Agency has provided ROMA training within the past 2 years by a certified ROMA trainer
1.
At least half of the Agency board has received ROMA training
0
B.
2.
Agency management staff has received ROMA training
0
Agency supervisory staff has received ROMA training
0
_L
4.
A enc line staff has received ROMA training
0
Agency programs achieved accreditation demonstrating they meet or exceed nationally recognized standards
C.
1 1.
1 Early childhood care and education sites receive NAEYC or other recognized forms of accreditation
0
2.
1 Programs achieve other form of recognized accreditation.
0
Agency is implementing ROMA tools and management practices
D.
1.
lAqency has adopted and implemented logic models for key programs and activities
0
2.
JAgency programs and activities are evaluated using ROMA principals
0
3.
1 FOCAS & IS Survey reports are provided to, reviewed & discussed with board members at least quarterly.
0
6.1
Independent Living -The number of vulnerable individuals receiving services from Community Action who maintain an
independent living situation as a result of those services:
# of
Individuals Assisted
A.
Senior Citizens 55 years old or older
0
Individuals with Disabilities
0
1.
Ages 0 - 1
0
B.
2.
Ages 18 - 54
0
3.
Ages 55 and Over
0
4.
Age Unknown
0
NOTE: Seniors are also included within the "55 and Over" category
6.2
Emergency Assistance - The number of low-income individuals served by Community Action, who sought emergency
assistance and the number of those individuals for whom assistance was provided, including such services as:
# of Individuals
Achieving Outcome
A.
Emergency Food
0
B.
Emergency Fuel or Utility payments(including LIHEAP or other public or private funding source
0
C.
Emergency Rent or Mortgage Assistance
0
D.
Emergency Car or Home Repair i.e. structural, appliance, heating system, etc.
0
E.
Emergency Temporary Shelter
0
F.
Emergency Medical Care
0
G.
Emerqency Protection from Violence
0
H.
Emergency Le al Assistance
0
I.
Emergency Transportation
0
J.
Emergency Disaster Relief
0
K.
Emergency Clothing
0
**
Provide translation assistance in order for person to receive emergency services
1 0
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8.C.3.e
RECIPIENT: 0 CONTRACT: 0
6.3
Child and Family Development - The number and percentage of all infants, children, youth, parents, and other adults
participating in developmental or enrichment programs who achieve program goals, as measured by one or more of
the following:
# of Individuals
Achieving Outcome
Infant and Child
A.
Infants and children obtain age appropriate immunizations, medical and dental care
0
B.
Infants and children health and physical development are improved as a result of adequate nutrition
0
C.
Children participate in re -school activities to develop school readiness skills.
0
D.
Children participating in re -school activities are developmentally ready for Kindergarten or 1st Grade
0
Youth
E.
Youth improve health and physical development
0
F.
Youth improve social/emotional development
0
G.
Youth avoid risk -taking behavior for a defined period of time
0
H.
Youth have reduced involvement with criminal justices stem
0
I.
Youth increase academic athletic or social skills by participatingin before or after school programs
0
Adult
J.
Parents and other adults learn and exhibit improved parenting skills
0
K.
Parents and other adults learn and exhibit improved family functioning skills
0
6.4
Family Supports - Low-income people who are unable to work, especially seniors, adults with disabilities, and
caregivers, for whom barriers to family stability are reduced or eliminated as measured by one or more of the
following:
# of
Individuals Enrolled
A.
Enrolled children In before or after school programs
0
B.
Obtained care for child or other dependent
0
C.
Obtained access to reliable transportation and/or driver's license
0
D.
Obtained health care services for themselves or a family member
0
E.
Obtained safe and affordable housing
0
F.
Obtained food assistance
0
G.
Obtained non -emergency LIHEAP energy assistance
0
H.
Obtained non -emergency WX energy assistance
0
I.
jObtained other non -emergency energy assistance (State/local/private energy program. Do NOT include LIHEAP or WX
0
6.5
Service Counts . The number of services provided to low-income individuals and/or families as measured by one or
more of the following
# of
Services
A.
Food Boxes
0
B.
Pounds of Food
0
C.
Units of Clothing
0
D.
Rides Provided
0
E.
Information and Referral Calls
0
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8.C.3.f
FFY 2016 CSBG AGREEMENT
ATTACHMENT J
BUDGET SUMMARY
RECIPIENT: 0
AGREEMENT:0
Instructions: Enter the appropriate figures in the boxes highlighted in yellow. Use only whole dollar amounts; no cents. Round all figures up to
nearest whole dollar.
CSBG FUNDED PROGRAMS ONLY BUDGETED AMOUNT
EXPENSE CATEGORY
1
CSBG FUNDS
ADMINISTRATIVE
2
RECIPIENT (Salaries/Fringe, Rent, Utilities, Travel, Other)
3
SUBCONTRACTOR (Salaries/Fringe, Rent, Utilities, Travel, Other)
4
TOTAL ADMINISTRATIVE EXPENSES (Line 2 + Line 3)
$0.00
5
\DMINISTRATIVE EXPENSE PERCENT: (Line 4 divided by Line 1) May
not exceed 15% of the total funds listed on Line 1
i
#DIV/0.
PROGRAM
6
RECIPIENT DIRECT CLIENT ASSISTANCE EXPENSES
7
RECIPIENT OTHER EXPENSE (Salaries/Fringe, Rent, Utilities,Travel, Other)
8
SUBTOTAL RECIPIENT PROGRAM EXPENSE (Line 6 + Line 7)
$0.00
9
SUBCONTRACTOR DIRECT CLIENT ASSISTANCE EXPENSES
10
SUBCONTRACTOR OTHER PROGRAM EXPENSE (Salaries/Fringe, Rent, Utilities, Other)
11
SUBTOTAL SUBCONTRACTOR PROGRAM EXPENSE (Line 9 + Line 10)
$0.00
12
TOTAL PROGRAM EXPENSE (Line 8 + Line 11)
$0.00
13
SECONDARY ADMINISTRATIVE EXPENSE
14
GRAND TOTAL EXPENSE (Line 4 + Line 12 + Line 13)
$0.00
a
Packet Pg. 265
8.C.3.f
FFY2016 CSBG AGREEMENT
ATTACHMENT K
SUBCONTRACTOR INFORMATION AND BUDGET SUMMARY
(Complete this page for each subcontractor by providing information in the yellow -highlighted fields.)
RECIPIENT:
SUBCONTRACTOR INFORMATION
SUBCONTRACTOR NAME:
MAILING ADDRESS:
STREET ADDRESS (IF DIFFERENT):
CONTACT PERSON'S NAME AND TITLE:
PHONE:
FAX:
AGREEMENT:
,FL ZIP
,FL ZIP
SUBCONTRACTOR BUDGET SUMMARY
Instructions: The following line items (3, 9, 10 and 11) must correspond to Attachment J, Budget Summary. If there is more than one
subcontractor, it is the Recipient's responsibility to ensure that the total of all subcontractor budgets add correctly. Expenditures must be
detailed in Attachment L, Budget Detail.
CSBG FUNDED PROGRAMS ONLY
EXPENSE CATEGORY
CSBG FUNDS
SUBCONTRACTOR ADMINISTRATIVE EXPENSES:
3. SUBCONTRACTOR
(SalarieslFringe, bent, Utilities, Travel, Other)
$0.00
SUBCONTRACTOR PROGRAM EXPENSES:
9. SUBCONTRACTOR DIRECT CLIENT
ASSISTANCE EXPENSES
$0.00
10. SUBCONTRACTOR OTHER PROGRAM
EXPENSE (Salanes/Fringe, Rent, Utilities, Travel, Other)
$0.00
11. SUBTOTAL SUBCONTRACTOR PROGRAM
EXPENSES (Line 9 + Line 10)
$0.00
TOTAL SUBCONTRACTOR EXPENSES: (Line 3
+ Line 11)
$0.0
The Recipient must have a written agreement with all subcontractors. The agreement must meet the requirements of Paragrabb (15) of this Agreement.
A copy of the unsigned agreement with the subcontractor must be forwarded to DEO for review along with this Agreement.
Packet Pg. 266
8.C.3.f
FFY2016 CSBG AGREEMENT
ATTACHMENT L
BUDGET DETAIL
RECIPIENT: 0
AGREEMENT:0
BUDGET
SUMMARY
LINE
ITEM
NUMBER
NATIONAL
PERFORMANCE
INDICATORS
(Direct Client
Assistance Only)
EXPENDITURE DETAIL
Use whole dollar amounts only. Do not use cents in totals.
Totals must match Budget Summary
AMOUNT OF
CSBG FUNDS
BUDGETED
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FFY2016 CSBG AGREEMENT
ATTACHMENT M
SECONDARY ADMINISTRATIVE EXPENSES
Secondary Administrative Expense Requested: YesLj NoL] RECIPIENT: 0 AGREEMENT: 0 -
INSTRUCTIONS: If requesting Secondary Administrative Expenses, you must supply the following information for each secondary program for which administrative expenses are being requested. A
"secondary program source" is the non-CSBG program that will receive administrative support from the use of CSBG funds. See Attachment A, Paragraph C.(14), and Attachment E, Paragraph D(10)
for additional information.
BUDGET INFORMATION
1.
Total cash budget for secondary
program:
2.
Maximum percent administrative
expense including indirect cost allowed
by secondary program.
3.
Total administrative expense approved
by secondary program funding source:�1
4.
CSBG secondary administrative expense
re uested•(Z)
5.
Total administrative expenses (Line 3 &
4)
6.
Percent of total administrative expense
to total budget (Line 5 / Line 1). This
total cannot exceed 15% of Line 1
7.
National Performance Indicator (NPI)
supported by this secondary
administrative funding.
(From Attachment N, Workplan and
Deliverables)
Name of
Secondary Program
Grant Dates
Start:
End:
$0.00
0.00%
$0.00
$0.00
$0.00
#DIV/0!
NPI #
Name of
Secondary Program
Grant Dates
Start:
End:
$0.00
0.00%
$0.00
$0.00
$0.00
#DIV/0!
NPI #
Name of
Secondary Program
Grant Dates
Start:
End:
$0.00
0.00%
$0.00
$0.00
$0.00
#DIV/0!
NPI #
Name of
Secondary Program
Grant Dates
Start:
End:
$0.00
0.00%
$0.00
$0.00
$0.00
#DIV/0!
NPI #
Name of
Secondary Program
Grant Dates
Start:
End:
$0.00
0.00%
$0.00
$0.00
$0.00
#DIV/0!
NPI #
Total
of Programs
$0.00
(1) The Recipient must take full advantage of all administrative and indirect dollars allowed by the secondary program's funding source before CSBG secondary administrative expenses are
requested. For each secondary administrative program, provide documentation of the maximum administrative limits of the secondary program and a copy of the contract budget
detailing the amount of the contract and the administrative funds provided by the secondary source.
(2) You are required to provide budgetary amounts in Attachment J, Budget Summary, Line 13 for the amount(s) on Line 4 above for each program, and provide detail of the expenses on
Attachment L, Budget Detail.
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00 Attach ment8.C.3.f: Attachment 1-0 pdf for agenda (RES-2015-174 : RES - FYI CSBG Grant Agreement 16SB-OD-12-00-01-023 , 001574) N
8.C.3.f
DO NOT USE THIS TAB. REPLACE WITH ATTACHM]
N, FY2016 WORKPLAN
Packet Pg. 269
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8.C.3.f
FFY2016 CSBG AGREEMENT
ATTACHMENT O
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT: 0 M — AGREEMENT NUMBER:
Any advance payment under this Agreement is subject to s. 216.181 (16)(a)(b), F.S., and Section (18)(b) of this Agreement (see Special Note
below). The Recipient shall invest cash advances in compliance with section .21 (h) (2) (i) of the Common Rule, section .22 of OMB Circular A-110
as revised, and Attachment B, Section F of this Agreement. Check the applicable box below (check only one).
=NO ADVANCE REQUESTED
No advance payment is being requested.
Payment will be made solely on a
reimbursement basis. No additional
information is required.
=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.
ADVANCE REQUEST WORKSHEET If an advance is requested, complete the following worksheet by filling in the cells highlighted in yellow.
DESCRIPTION
(A)
(B)
(C)
(D)
FY2013
FY2014
FY2015
Total
1
TOTAL CONTRACT ALLOCATION (Includes
mor—
$0.00
$0.00
$0.00
$0.00
any base increases and carryforward dollars)
FIRST TWO MONTHS OF CONTRACT
2
$0.00
$0.00
$0.00
$0.00
EXPENDITURESt
3
AVERAGE PERCENT EXPENDED IN FIRST
#DIV/0!
#DIV/0!
#DIV/0!
1
#DIV/0!
L
TWO MONTHS (Divide line 2 by line 1)
t The expenses for the first two months in which expenditures were reported need to be provided for the years you received a CSBG contract. If you
do not have this information, call your DEO grant manager and they will assist you.
The Recipient may request an amount up to the historical percent of expenditures for the first 2 months of the agreement OR 17% of the award,
whichever is less.
HISTORICAL PERCENT FOR FIRST 2 MONTHS: PP#DIV/0! x $ $0.00 = #DIV/0!
Cell D3 CSBG Award Historical Advance
17 % CALCULATION: $0.00 x 0.17
CSBG Award Percent of Award
$0.00
Maximum Advance
Packet Pg. 271
8.C.3.f
FFY2016 CSBG AGREEMENT
INSTRUCTIONS
For Attachments I through O
Section 1: L Excel Notebook
This Excel Notebook contains the following tabs:
Instructions - READ FIRST
Sample Budget Detail
Attachment I
Attachment J
Attachment K
Attachment L
Attachment M
Attachment N
Attachment O
These tabs correspond to the Attachments in your FFY2016 CSBG Agreement. Complete these Attachments using
the worksheets contained in this Excel Notebook. Once you have completed the worksheets, replace the blank
space holder pages in the two original signed copies of your CSBG Agreement.
Section 2: Sample Budget Detail
This tab contains a sample budget detail for your reference when completing your agency's CSBG Budget Detail,
Attachment L.
Section 3: F Attachment I, Recipient Information
Complete this worksheet first. Information from this worksheet will flow to the other worksheets in the
LU
notebook. For example, once you have entered the name of your agency, the name will automatically populate
onto the other worksheets.
ti
ATTENTION- NEWREQUIREMENT: You MUST enter your agency's LEGAL NAME according to
r
your DUNS Number entry. We have provided your agency's legal name on Page 1 of your Agreement.
N
The name used on ALL budget forms MUST match this legal name or the forms will be returned for
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correction.
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Section 4: Attachment J, Budget Summary
The Attachment J, Budget Summary is to be completed by the Recipient using the Excel spreadsheet provided.
If there are subcontractors, the Recipient must complete Attachment K, Subcontractor Information and Budget
Summary. Attachment J, Budget Summary, is a composite of the Recipient's budget detail including all
Q.
subcontractor's budget(s), if applicable. Round all figures up to the nearest dollar. All entries must be supported
O
by Attachment L, Budget Detail.
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Line 1: CSBG Funds: Enter the total amount of the CSBG award (allocation). This amount will be the larger of
the two values given Paragraph (18) (a) of your Agreement.
a
Line 2: Recipient Administrative Expenses: Administrative Expenses include costs for general administration
ri
6
and coordination of the program, including direct and indirect costs. This includes salaries, fringe, rent, utilities,
06
travel, etc., associated with the financial and administrative management of the program. A Maximum
E
Administrative Expense calculation is provided to assist you.
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PAGE 1 of 14
Packet Pg. 272
8.C.3.f
Line 3: Subcontractor Administrative Expenses: Enter the total of all administrative Subcontractor Expenses
including salaries and fringe, rent, utilities, travel, and other. This line must be the sum of all subcontractor
expenses as reported in Attachment K.
Line 4: Total Administrative Expenses: The total of Lines 2 and 3. This number will be calculated
automatically.
Line 5: Administrative Expense Percentage: This amount equals the total amount of administrative expenses
from Line 4 divided by the total amount of CSBG grant funds from Line 1. This may not exceed 15 percent. This
number will be calculated automatically.
Line 6: Recipient Direct Client Assistance Expenses: Enter the amount of funding you expect to expend on
eligible activities. This amount must be detailed on Attachment L, Budget Detail. All activities paid for under this
line item must be supported by and directly correlated to the outcomes in the Workplan and Deliverables,
Attachment N.
Line 7: Recipient Other Program Expenses: Enter the amount of funding you expect to expend for this line
items. This amount must be detailed on Attachment L, Budget Detail. All activities paid for under this line item
must be supported by and directly correlated to the outcomes in the Workplan and Deliverables, Attachment N.
Line 8: Subtotal Recipient Program Expenses. The total of Lines 6 and 7. This number will be calculated
automatically.
Line 9: Subcontractor Direct Client Assistance Expenses: Enter here the sum of all expenses expected to be
incurred through a subcontractor's provision of direct client assistance as reported on Attachment K. All budgeted
expenditures must be detailed on Attachment L, Budget Detail, and supported by and directly correlated to the
outcomes in the Workplan and Deliverables, Attachment N.
Line 10: Subcontractor Other Program Expense: Enter here the sum of all subcontractor other program
expenses as budgeted on Attachment K. All budgeted expenditures must be detailed on Attachment L, Budget
Detail, and supported by and directly correlated to the outcomes in the Workplan and Deliverables, Attachment N
Line 11: Subtotal Subcontractor Program Expense: The total of Lines 9 and 10. This number will be calculated
automatically.
Line 12: Total Program Expense: The total of Lines 8 and 11. This number will be calculated automatically.
Line 13: Secondary Administrative Expense: This line must agree with the total Secondary Administrative
Expenses reported on Attachment M. See Attachment A, Section A(12), and Attachment E, Section D(10) for
additional information regarding secondary administrative expenses.
Line 14. Grand Total Expense: The total of all administrative, program, and secondary expenses. This number
will calculate automatically and must match the CSBG allocation amount on Line 1.
Section 5: Attachment K, Subcontractor Information and Budget Summary
Complete this attachment for each subcontractor, if applicable, or mark N/A.
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8.C.3.f
Section 6: Attachment L, Budget Detail
The narrative given in this column must be sufficient to explain the expenditure's allowability, allocability and
reasonableness. Provide explanations and descriptions of all costs to be incurred with these funds. Small items
such as office supplies may be categorized. Any equipment purchases must be acquired and accounted for
according to the OMB Super Circular, and property, management, and procurement standards. All budgeted
amounts from Attachment J, Budget Summary, must be itemized and detailed on Attachment K. The Budget
Detail must follow the format reflected in the "Sample Budget Detail." Budget detail not submitted in this format
will be rejected and will delay the contract. Each Recipient and subcontractor is required to provide budget detail
for all anticipated expenses. All CSBG funding expenditures must be detailed. Subtotal all items within a budget
line. Report the line item subtotal on the Budget Summary, Attachment J.
Budget Line Item Number: This column ties the expense detail to the line item on the Budget Summary,
Attachment J.
National Performance Indicator (NPI�: All program expenses budgeted on Lines 6, 7, 9 and 10 on the Budget
Summary, must be identified by NPI Number and must tie to the Workplan and Deliverables, Attachment N.
ADMINISTRATIVE EXPENSES
Salaries, Wages and Fringe Benefits -
This is the total compensation paid for the direct labor of persons employed by the agency and the gross amount
of funds expended for job -related benefits (health insurance, life insurance, retirement contributions, taxes, etc.).
Include all positions by title to be paid with these funds. Detail the funding sources and estimated number of
hours, hourly wage and estimated salary to be paid by CSBG. Identify sources for the balance of salary for any
position where CSBG funds are used to pay less than 100% of the salary. Percentages must be supported by the
submitted cost allocation plan, and add correctly when calculated.
Space Cost and Rental - ti
Space cost and rental may include rented or leased space, use allowances and depreciation expenses for agency-
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T
owned office space, and payments for water, electricity, gas, etc., which are not furnished under the lease
N
agreement. May include costs for maintenance, janitorial, pest extermination and refuse removal services.
w
Consumable Supplies -
c�
c
All types of office or maintenance supplies consumed or materially altered when used including small equipment
0
with a new purchase price of less than $500. Provide adequate explanation of each budgeted item. Small items such
c
as office supplies may be grouped together as long as no single purchase will exceed $1,000. Avoid using words like
"other", "misc" or "etc" as these are not description enough and further explanation will be required.
Q.
Equipment Lease/Purchase -
Non -expendable personal property costing over $500 and having a useful life in excess of one year. May include
E
payments for photocopy machines, postage machines, computers, etc. Provide adequate explanation of each
budgeted item.
Travel Expenses -
a
Travel costs may be either in -state or out-of-state and include agency vehicle related expenses and employee and
6
board member travel on program related business. The cost of automobile repairs or maintenance and fuel are
ono
included in the mileage reimbursement and may not be budgeted or claimed separately. Budgeted expenditures for
E
automobile mileage and travel reimbursement may not exceed the apporve State of Florida rates as follows:
z
c�
CURRENT PER DIEM RATES a
PAGE 3 of 14
Packet Pg. 274
8.C.3.f
Breakfast:
$6.00
Lunch:
$11.00
Dinner:
$19.00
$1,000 Purchases -
Daily Per Diem: $80.00 ($20 per quarter)
Mileage: .445 /mile
Any single item purchase costing more than $1,000, including services, must be fully explained in the Budget Detail.
This includes, but is not limited to, equipment, contracts for services such as computer or equipment maintenance,
purchases made for internal agency use, and purchases made for clients.
Other -
Other costs may include items such as liability, vehicle, and directors/offices insurance premiums (not employee
benefits), publications, printing, employee development (must be explained), telephone, internet/cable, and
Postage.
PAGE 4 of 14
Packet Pg. 275
8.C.3.f
PROGRAM EXPENSES
Describe the activities to be paid for in general terms, but with enough detail to answer the questions - What is
being purchased? How much is being spent per person or event? How many people or events does the agency
anticipate? For example, use "A maximum of 25 self-sufficiency clients will be provided with public transportation
vouchers worth no more than $75 per participant"; rather than: "Self-sufficiency clients will be provided with
transportation." This will give the agency some flexibility and reduce the need for contract modifications, but still
give enough detail to tie the funds to the NPI.
DIRECT CLIENT ASSISTANCE EXPENSES
These expenses can be traced to a specific client or group of clients and supported by a NPI in Goals 1 or 6. This
includes payments made directly to a vendor on a customer's behalf. For example, costs incurred in achieving Goal
1 might include tuition, books, work supplies, etc. For Goal 6 it might include rent or utility payments, food or fuel
vouchers, or medical supplies. Activities such as case management, counseling (budget, career, housing, etc.),
transportation, or tax preparation should also be included. These costs may be provided directly by agency staff
(cost of salary, benefits, etc.) or by subcontract with another entity. When budgeting staff expenses, give the job
title and a brief description of the type of direct client assistance the position will be providing. For each expense,
indicate a related National Performance Indicator. If a salaried employee whose position is normally considered an
administrative in nature, such as executive director or fiscal director, is included under this category, an explanation
of what direct client assistance activities he or she will be providing must be included.
OTHER PROGRAM EXPENSES
These expenses are non -administrative expenses related to providing services to customers that cannot be tied
directly to a specific client or group of clients, or directly to a National Performance Indicator. Examples are
expenses related to general program outreach, client intake and income certification, program coordination with
other service providers, rent and office expenses, staff training, travel, etc.
Section 7: Attachment M, Secondary Administrative Expense
If claiming secondary administrative expenses, mark this attachment Yes, and complete for any programs you are
claiming expenses for. If not, mark this attachment No.
Section 8: Attachment N, Workplan and Deliverables
See the separate instructions included with your Agreement package for completing the Workplan and Deliverables.
Print the Workplan and Deliverables, Attachment N, once completed and insert a set into each signed set of your
Agreement. Print one copy of the CSBG Worksheet once completed and submit with your Agreement package as
part of the supporting documentation (see Application Checklist).
Section 9: Attachment O, Justification of Advance Payment
Complete this attachment by following the instructions and completing the form.
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SAMPLE BUDGET DETAIL
BUDGET
NATIONAL
SUMMARY
CE
EXPENDITURE DETAIL
ED
BiJNDITUR
LINE ITEM
INDIICAATORS OR
EXPENDITURES
DIRECT CLIENT
NUMBER
ASSISTANCE
Use whole dollar amounts only. Do not use cents in totals.
CSBG Funds Only
Totals MUST match Budget Summary Line Items.
ADMINISTRATIVE EXPENSES
2
RECIPIENT ADMIN. EXPENSES
Salaries:
Fiscal Officer: 36% CSBG Admin., 7.2 % Sec. Admin., 6.8% LIHEAP, 50% Head Start
749 hrs. X $17.00/hr. = $12,733
$12,733.00
Exec. Du.: 18% Admin., 5% CSBG Sec. Admin., 77% Head Start
374 hrs. X $22.28/hr. = $8,333
$8,333.00
Fringe Benefits: FICA, UC, Health Insurance, Worker's Compensation and Retirement.
$21,066 X 26.4% = $5,561
$5,561.00
TOTAL SALARIES AND FRINGE:
,$26,627.00
Travel:
Event Travel:
One Person to attend National Community Action Partnership Conference:
Airfare $450
Lodging 120
Per Diem 42
TOTAL $612
$612.00
Local Travel to 3 outreach centers: 719 miles X .445/mde = $320
$320.00
TOTAL TRAVEL.-
$932.00
Other:
Misc. (consumable office supplies, postage, copier maintenance agreements) $900
$900.00
Liability/Bonding Insurance: 1,100
$1,100.00
Audit: 5,396 2,396 (CSBG) 2,000 (Cash Match)
$2,396.00
TOTAL OTHER.
,$4,396.00
2
TOTAL RECIPIENT ADMIN EXPENSES
$31,955.00
PROGRAM EXPENSES
6
NPI # and Letter
RECIPIENT DIRECT CLIENT ASSISTANCE
NPI 1.1, 1.2
Case Worker: 100% CSBG
$19.00/hr. X 2080 hrs. = $39,520
$39,520.00
To provide client case management and support toward self-sufficiency.
Fringe Benefits: FICA, UC, Health Insurance, Worker's Compensation and Retirement.
$39,520 X 26.4% = $10,449
$10,449.00
1.2 F
Approx: 25 Self-sufficiency clients will receive bus passes - 25 x $120/client = $3,000
$3,000.00
1.2 E
Approx: 10 self-sufficiency clients will receive child cue assistance - 10 x 450/client = $4,500
$4,500.00
6.2 D
Approx. 40 Clients will be receive emergency medical cue i.e, Rxs, Dr. office visits.
40 x $100 = $4,000
$4,000.00
1.2 H, 6.2 B (3)
Approximately 15 clients will receive rental assistance. 15 x $700 = $10,500
$10,500.00
NPI 1.1
Salaries:
Case Worker: 100% CSBG
$19.00/hr. X 2080 hrs.= $39,520
$39,520.00
To provide client case management and support toward self-sufficiency.
Fringe Benefits: FICA, UC, Health Insurance, Worker's Compensation and Retirement.
$39,520 X 26.4% = $10,433
$10,433.00
6.3 B
After -school mentoring for approx. 15 students - 33 wks/4days/week/$24/student/day = $47,520
$47,520.00
6
TOTAL RECIPIENT DIRECT CLIENT ASSISTANCE
$119 473.00
7
RECIPIENT OTHER PROGRAM EXPENSES
Salaries:
Intake Worker: 100% CSBG
$15.00/hr. X 2080 hrs.
$31,200.00
Fringe Benefits: FICA, UC, Health Insurance, Worker's Compensation and Retirement.
$31,200 X 26.4%
$8,237.00
7
ITOTAL RECIPIENT OTHER PROGRAM EXPENSES
$39,437.00
GRAND TOTAL: $190,865.00
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8.C.3.f
FFY2016 CSBG AGREEMENT
ATTACHMENT
RECIPIENT INFORMATION
FEDERAL FISCAL YEAR: 2016 CONTRACT PERIOD: October 1, 2015 through September 30, 2016
Instructions: Complete the blanks highlighted in yellow. For item II, put an "X" in whichever highlighted box applies to your agency.
I. RECIPIENT: AGREEMENT #:
II. RECIPIENT CATEGORY: E]Non-Profit Local Government
III. COUNTY(IES) TO BE SERVED WITH THESE FUNDS:
IV. GENERAL ADMINISTRATIVE INFORMATION
a. Executive Director or Chief Administrator:
Address:
City:
Telephone:
Fax:
Cell:
Email:
Mailing address if differentfrom above
Mailing Address:
City:
b. Chief Elected Official for Local Governments or President/Chair of the
Board for Nonprofits:
Name:
Title:
Address*:
City:
Telephone: Fax:
*Enter home or business address, telephone numbers and email other than the Recipient s
c. For Public Agencies -Chair of Community Action Board:
Name:
Title:
Address*:
City:
Telephone: Fax:
*Enter home or business address, telephone numbers and email other than the Recpient's
d. Official to Receive State Warrant:
Name:
Title:
Address:
City:
e. Recipient Contacts:
1. Program: Name:
Title:
Address:
Telephone:
Cell:
2. Fiscal: Name:
Address:
Telephone:
Cell:
f. Person(s) authorized to sign reports:
Name:
Name:
Name:
g. Agency's FEID Number:
V. RECIPIENT FISCAL YEAR
thru
FL Zipcode:
FL Zipcode:
FL Zipcode:
Email:
FL Zipcode:
Email:
, FL Zipcode:
City: FL Zipcode:
Fax:
Email:
Title:
City: FL Zipcode:
Fax:
Email:
Title:
Title:
Title:
h. Agency's DUNS Number:
Packet Pg. 278
8.C.3.g
00—ft
Rick Scott
1
GOVERNOR
FLORIDA DEPARTMENT f
ECONOMIC OPPORTUNITY
MEMORANDUM
TO: Community Services Block Grant (CSBG) Grantees
FROM: Jean Amison, Planning Manager
Bureau of Community Assistance
DATE: February 10, 2015
Jesse Panuccio
EXECUTIVE DIRECTOR
SUBJECT: REVISED - FY 2015 U.S. Department of Health and Human Services Poverty
Guidelines
Enclosed is a chart detailing 125% of the FFY 2015, U.S. Department of Health and Human
Services Poverty Guidelines. These guidelines are for use in the Community Services Block Grant
Program (CSBG). The effective date for implementation of the revised poverty guidelines is April 1,
2015. Please use this version, memo dated February 10, 2015, as the threshold for households with more than 8
persons has been corrected.
For the CSBG program, DEO has the responsibility for determining what constitutes
income to the extent that the definition is not already contained in legislation or regulations.
Enclosed is a chart which reflects income that is allowable for the CSBG program. Please use this
version, memo dated February 10, 2015, as the list of excluded income was revised to add Item 11, Payments from a
Reverse Mortgage.
If you have any questions regarding the guidelines, please contact your DEO grant manager
at (850) 717-8450.
Enclosures
Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399
86611-A.2345 1850.245.7105 1850.921.3223 Fax
www.florida'obs.org I www.twitter.com/FLDEO I www.facebook.com/FLDEO
An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice
telephone numbers on this document may be reached by persons using TTY/TD❑ equipment via the Florida Relay Service at 71L
Packet Pg. 279
8.C.3.g
DEJ
FLORIDA DEPARTM ENT of
ECONOMIC OPPORTUNITY
COMMUNITY SERVICES BLOCK GRANT (CSBG)
125% OF THE POVERTY INCOME GUIDELINES*
EFFECTIVE APRIL 1, 2015
PEOPLE IN THE HOUSEHOLD
125%
1
$14,713
2
$1%913
3
$25,113
4
$30,313
5
$35,513
6
$40,713
7
$45,913
8
$51,113
For each additional person in the
household with more than 8 people, add:
$ 5,200
* The above figures are based on the 2015 U.S. Department of Health and Human Services (HHS) poverty
guidelines published ASPE.hhs.gov.
LO
Packet Pg. 280
8.C.3.g
COMMUNITY SERVICES BLOCK GRANT (CSBG)
ALLOWABLE SOURCES OF INCOME
EFFECTIVE APRIL 1, 2015
INCLUDED EXCLUDED
SOURCES OF INCOME SOURCES OF INCOME
(Includes total annual cash receipts before taxes from all sources)
1. Money wages and salaries before any deductions
2. Net receipts from non -farm employment (receipts from a
person's own unincorporated business, professional
enterprise, or partnership, after deductions for business
expenses)
3. Net receipts from farm self-employment (receipts from a
farm which one operates as an owner, renter, or
sharecropper, after deductions for farm operating
expenses)
4. REGULAR PAYMENTS FROM:
Social Security
Railroad retirement
Unemployment compensation
Strike benefits from union funds
Worker's compensation
Veteran's payments
Public Assistance or Temporary Assistance for Needy Families
(TANF), Supplemental Security Income, and non -federally
funded General Assistance or General Relief money payments.
5. Payments to foster children age 18 or older received through the
Independent Living Program
6. Training stipends
1. CAPITAL GAINS
Any Assets drawn down as withdrawals from a
bank, the sale of property, a house or a car.
2. Tax Refunds
3. Gifts
4. Loans
5. Lump -sum inheritances
6. One-time insurance payments
7. Foster Care Payments*
8. Compensation for injury
9. Combat zone pay to the military
10. Adoption Subsidies
11. Reverse Mortgage Payments
12. NON -CASH BENEFITS
(a) Employer -paid or union paid portion of health
insurance or other employee benefits
(b) Food or housing received in lieu of wages
(c) The value of food and fuel produced and
consumed on farms.
(d) The imputed value of rent from owner -occupied
non -farm or farm housing.
7. Alimony (e) Federal non -cash benefit programs such as Medicare,
8. Child Support Medicaid, Food Stamps, school lunches, and housing
9. Social Security Benefit Garnishes for Non -Payment of assistance.
School Loans. (The total amount of the Social Security Retirement
benefit including the garnished deduction must be used when
calculating the applicant's income.)
10. Military family allotment or other regular support from
a family member or someone not living in the
household
11. Private pensions
12. Government employee pensions (including military
retirement pay)
13. Regular insurance or annuity payments
14. Educational Assistance:
Grants, Fellowships, Assistantships, College or
University Scholarships - Only count as income those funds
specifically allotted for living expenses
15. Dividends
16. Interest
17. Net rental income
18. Net royalties
19. Periodic receipts from estates or trusts
20. Net gambling or lottery winnings
13. Supplemental Security Income (SSI) benefits cannot be
garnished for any reason unless a recipient received an
overpayment of benefits.
The total amount of the SSI benefit minus the garnished
deduction for recoupment must be used when calculating
the applicant's income.
*Persons whose cost of residence is paid through a foster
care or residential program administered by the state
cannot be counted as household members.
Packet Pg. 281
8.C.3.h
NOTICE REGARDING COLLECTION OF SOCIAL SECURITY NUMBERS
COMMUNITY SERVICES BLOCK GRANT PROGRAM
The following disclosure is being made pursuant to section 119.071(5), Florida Statutes.
Social security numbers of applicants and household members are requested because this information has
been determined to be imperative for the performance of the duties and responsibilities prescribed by law
under the Community Services Block Grant Program. This information is not required by state or federal
law; however, social security numbers are necessary to determine eligibility for program services and
specifically for the following purposes:
1. To verify an applicant's identity.
2. To verify household size.
A social security number collected pursuant to this notice can only be used
Economic Opportunity and
(subgrantee) for the purposes specified above.
by the Florida Department of
Nondisclosure except under limited circumstances.
Social security numbers will not be disclosed to others unless required or authorized by Florida law. Section
119.071(5), Florida Statutes, allows disclosure of a person's social security number under the following
specific, limited circumstances:
• If disclosure is expressly required by federal or Florida law or is necessary for the agency or
governmental entity to perform its duties and responsibilities;
• If the individual expressly consents to disclosure in writing;
• If disclosure is made to prevent and combat terrorism pursuant to the U.S. Patriot Act of 2001 or
Presidential Executive Order 13224 (blocking property and prohibiting business transactions with
persons who commit, threaten to commit, or support terrorism);
• For an agency employee and dependents, if disclosure is necessary to administer the person's health
benefits or pension plan funds; or
• If disclosure is for the purpose of the administration of the Uniform Commercial Code by the office
of the Secretary of State.
• If disclosure is requested by a commercial entity for permissible uses under the federal Driver's
Privacy Protection Act of 1994, the federal Fair Credit Reporting Act, or the federal Financial
Services Modernization Act of 1999 (for example, to verify the accuracy of personal information
provided by the individual to the commercial entity; use by an insurer in connection with claims
investigation or anti -fraud activities; for use in connection with a credit transaction).
Acknowledgment of Receipt of Notice
I confirm that I have been provided a copy of this Notice regarding the collection of my social security
number and the social security numbers of all household occupants as part of the application process for the
Community Services Block Grant Program.
Date
Applicant's Signature
Packet Pg. 282
8.C.3.i
COMMUNITY SERVICES BLOCK GRANT (CSBG)
SUB -RECIPIENT INTERLOCAL AGREEMENT FY16
THIS INTERLOCAL AGREEMENT, is made and entered into the day
of September 2015, by and between the ST. LUCIE COUNTY, a political subdivision
of the State of Florida, ("ST. LUCIE" or "CSBG Recipient"), and MARTIN COUNTY, a
political subdivision of the State of Florida referenced in this document as the
"SUBRECIPIENT."
WITNESSETH:
WHEREAS, on June 24, 1997, the parties entered into an Interlocal Agreement,
which provided for the administration of Community Service Block Grant ("CSBG")
funds within the three County jurisdiction, hereinafter referred to as the 1997 CSBG
Interlocal Agreement"; and,
WHEREAS, on September 3, 2013, the 1997 CSBG Interlocal Agreement was
terminated and the parties entered into an Interlocal Agreement, providing for
administration of the 2014 CSBG funds in accordance with the revised TCCAA
recommended allocation formula and State of Florida Department of Economic
Opportunity ("DEO") requirements,
WHEREAS, the State of Florida Department of Economic Opportunity has
awarded a CSBG Subgrant to ST. LUCIE, which provides for ST. LUCIE to serve as
the CSBG Recipient, hereinafter referred to as the "CSBG Subgrant Agreement";
WHEREAS, the Treasure Coast Community Action Agency ("TCCAA"), which is
composed of members from Martin, Okeechobee and ST. LUCIE Counties, has
approved the allocation formula of the CSBG funds among the parties with ST. LUCIE
serving as the grant administrator and lead agency; and,
WHEREAS, the parties desire to enter into an Interlocal Agreement to provide for
the administration of the 2016 and future CSBG funds in accordance with the annually
revised TCCAA recommended allocation formula and DEO requirements.
NOW, THEREFORE, in consideration of the mutual advantages to the parties
and the benefits, promises, and consideration hereinafter set out, the parties agree as
follows:
1. GENERAL.
This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida
Interlocal Cooperation Act. This Agreement embodies the whole understanding of the
parties. There are no premises, terms, conditions, or obligations other than those
contained therein, and this Agreement shall supersede all previous
telecommunications, representations or agreements, either verbal or written, between
the parties hereto.
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8.C.3.i
2. PURPOSE AND INTENT.
It is the intent of the parties to provide for the administration of CSBG funds among
respective jurisdictions in accordance with the CSBG Subgrant Agreement.
3. TERMINATION OF EXISTING INTERLOCAL AGREEMENT.
The 2015 Interlocal Agreement shall terminate upon the effective date of this Amended
and Restated Interlocal Agreement.
4. SCOPE OF WORK.
The SUBRECIPIENT shall, in a satisfactory manner, fully perform the obligations
outlined in TCCAA Procedure Manual and the State Contract.
5. CSBG FUNDING ALLOCATIONS.
Based upon added oversight and quality assurance responsibilities mandated by
DEO, the Treasure Coast Community Action Agency Advisory Board and all parties
agree that that ST. LUCIE County, as the lead entity, shall receive funds of 10% of the
total CSBG allocation. Funds for FY16 are detailed in Exhibit B.
The parties agree that the remaining funds shall be assigned based on the state
allocation for each County, as provided annually by DEO. Each party may use up to
five percent (5%) of its individual allocation for administrative expenses as defined by
DEO and must budget funds for staff and board member training. The parties
acknowledge and agree that the allocation amounts shall be amended upon notice of
any additional funding made available pursuant to a modification issued by DEO during
a contract year. The Treasure Coast Community Action Agency Advisory Board shall
notify each party of the annual allocation within ten business days of notification by
DEO.
6. SUBGRANT AND/OR DELEGATION RESTRICTIONS.
The SUBRECIPIENT shall not sub -grant or in any way delegate responsibilities under
this Agreement to any other individual, agency, business, etc., without the prior written
approval of ST. LUCIE County. If a sub -grant is authorized, the SUBRECIPIENT shall
provide to ST. LUCIE County a written statement as to whether the sub -contractor is
a minority vendor, as defined in Section 288.703, Florida Statute and provide
completed debarment forms in accordance with the state contract requirements
(EXHIBIT A). The SUBRECIPIENT will be required to obtain reporting outcome data
and submit such data to ST. LUCIE within the identified timeframes in the format
required. The SUBRECIPIENT will be responsible for ensuring that any sub grantee
complies with all contract and procedural requirements.
7. REPORTS.
A. Monthly Invoices must be received by ST. LUCIE no later than the fifth of each
month, through the termination date of this Agreement. Submittal of Invoices
after the 15th of the month immediately following the month of service shall be
deemed a breach of contract and may result, at the sole option of ST. LUCIE, in
2
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8.C.3.i
termination of this Agreement. Each invoice must include the documents
detailed in the procedure manual and the number of people served with CSBG
funds, as well as the total number of people (from all funding sources) achieving
an outcome in Goal 1.1 during the month. Reimbursement for expenditures will
be provided only for those expenditures that meet the requirements outlined in
the TCCAA Procedure Manual, the State Contract and this interlocal agreement.
B. Quarterly Program Reports — must be received by ST. LUCIE no later than the
10th of the month following the end of each quarter until submission and
acceptance, by ST. LUCIE, of the Annual Close -Out Report. The ending dates
of each quarter are December 31, March 31, June 30 and September 30 of each
year. Quarterly reports are to include information on the number of clients served
as well as the types of services received by each client. Progress toward goals
each quarter is a requirement under the state contract to ensure reimbursement.
C. The Annual Close -Out Report is due no later than thirty (30) days after
termination of this Agreement or upon completion of all activities required under
this Agreement. Requests for funds submitted after this date will not be
reimbursable.
D. Other Reports, as required — Any other reports requested by ST. LUCIE shall be
submitted within fifteen (15) days of a written request from ST. LUCIE.
E. Failure to Provide Reports — Failure of the SUBRECIPIENT to provide the
necessary reports shall be considered a default under this Agreement.
8. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES.
All parties, to the extent applicable, shall be governed by applicable Federal and State
laws, rules and regulations in the performance of their responsibilities under this
Agreement. This shall include, but not be limited to, the Omnibus Budget
Reconciliation Act of 1981 (Public Law 978-35, as amended), Florida Administrative
Rules (73C-21) and others that may be identified in the state contract.
9. COMPLIANCE WITH POLICIES AND PROCEDURES.
All services provided under this Agreement shall comply with ST. LUCIE's CSBG
Standard Operating Procedures. Income eligibility shall be in accordance with the US.
Department of Health and Human Services (HHS) poverty guidelines published
annually by the federal government. In no event shall CSBG services be provided to
applicants with income above 125% US. Department of Health and Human Services
(HHS) poverty guidelines published in the Federal Register for the contract year.
10. MONITORING.
ST. LUCIE shall assure the proper performance of the SUBRECIPIENT through
desktop and/or on -site monitoring. At least once during the term of this Agreement,
ST. LUCIE shall conduct an on -site visit to SUBRECIPIENT'S service delivery
3
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8.C.3.i
location(s) to review the SUBRECIPIENT'S performance in the delivery of service and
its compliance with the terms of this Agreement.
The SUBRECIPIENT shall assure the proper performance of any sub grantees
through desktop and/or on -site monitoring. At least once during the term of this
Agreement, the SUBRECIPIENT shall conduct an on -site visit to sub grantee's service
delivery location(s) to review the sub grantee's performance in the delivery of service
and its compliance with the terms of this Agreement.
11. PERIOD OF AGREEMENT.
This Agreement shall take effect upon filing a fully executed copy with the Clerk of the
Circuit Court of Martin County, Florida, and the Clerk of ST. LUCIE County, Florida,
and shall continue until terminated as provided herein under the provisions of Section
18, of this Agreement.
12. AMENDMENT OF AGREEMENT.
This Agreement may only be amended by a written document signed by all parties and
filed with the Clerk of the Circuit Court of Martin County, Florida, and the Clerk of St.
Lucie County, Florida. Any amendment modification to this Agreement shall be
contingent, whenever applicable, upon approval by the State of Florida, Department
of Economic Opportunity.
13. RECORD -KEEPING.
All records maintained by the SUBRECIPIENT under this Agreement, including
supporting documentation of all program costs, shall be sufficient to determine
compliance with this agreement and its referenced documents. As applicable,
SUBRECIPIENT'S performance under this Agreement shall be subject to the Uniform
Administrative Requirements for State and Local Governments" (53 Federal Register
8034) and OMB Circular No. A-87, "Cost Principles for State and Local Governments."
14. RECORD RETENTION,
The SUBRECIPIENT shall retain all records, including supporting documentation of all
program costs, in a form sufficient to determine compliance with the requirements and
objectives of this Agreement for a period of five years from the date St. Lucie's audit
report is issued and shall allow DEO or its designee, or the Auditor General access to
such records, upon request. The SUBRECIPIENT shall ensure that audit working
papers are made available to ST. LUCIE or the Auditor General upon request for a
period of five years from the date ST. LUCIE'S audit report is issued, unless extended
in writing by ST. LUCIE, with the following exceptions:
A. If any litigation, claim or audit is started before the expiration of the five-year
period and extends beyond the five-year period, the records will be maintained
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until all litigation, claims or audit findings involving the records have been
resolved.
B. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after
final disposition.
C. Records relating to real property acquisition shall be retained for five years after
closing of title.
15. ACCESS TO RECORDS
The SUBRECIPIENT, its employees or agents, including all subcontractors, sub
grantees or consultants to be paid from funds provided under this Agreement, shall
allow access to records at reasonable times to DEO, ST. LUCIE, its employees, and
agents. "Reasonable" shall be construed according to the circumstances but ordinarily
shall 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 ST. LUCIE.
16. TRAINING.
Staff of each party shall attend training provided by DEO on eligibility determination
and record -keeping requirements and must ensure that sub grantees receive training
content, if appropriate.
17. LIABILITY.
Each party shall be solely responsible to any parties with whom it deals in carrying out
the terms of this Agreement. The parties shall: (i) be bound by the terms of this
Agreement; (ii) be bound by all applicable state and federal laws and regulations.
18. INDEMNIFICATION.
Subject to the provisions of Section 768.27, Florida Statutes (2014), the
SUBRECIPIENT agrees to indemnify and hold the Department of Economic
Opportunity and ST. LUCIE County harmless against all claims of whatever nature
arising out of the SUBRECIPIENT performance of work under this agreement to the
extent allowed and required by law. The SUBRECIPIENT agrees to indemnify and
hold ST. LUCIE County harmless against any actions at law to recover damages in
tort for money damages for injury or loss of property, personal injury, or death arising
out of this Agreement and caused by the negligent or wrongful act or omission of any
employee of the respective county while acting within the scope of his office or
employment under circumstances in which such county, if a private person, would be
liable to the claimant, in accordance with the general laws of the State of Florida.
Subject to the provisions of Section 768.27, Florida Statutes (2012), ST. LUCIE
agrees to indemnify and hold the SUBRECIPIENT harmless from and against any
actions at law to recover damages in tort for money damages for injury or loss of
property, personal injury, or death arising out of this Agreement and caused by the
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negligent or wrongful act or omission of any employee of ST. LUCIE while acting
within the scope of his office or employment under circumstances in which such
county, if a private person, would be liable to the claimant, in accordance with the
general laws of the State of Florida.
19. AUDIT REQUIREMENTS.
The SUBRECIPIENT 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. The SUBRECIPIENT shall reimburse
ST. LUCIE County for any funds, including those provided to sub grantees, which were
found by a subsequent audit to have been improperly expended.
20. ASSURANCES.
During the performance of this Agreement, SUBRECIPIENT assures ST. LUCIE that
it will comply with the non-discrimination provisions, in accordance with the laws and
regulations identified in the State Contract, as well as all other applicable state and
federal regulations and will hold any sub grantees to the same.
21. TERM: TERMINATION.
This Agreement shall be effective upon being filed with the Clerk of the Circuit Court
of Martin County and the Clerk of the Circuit Court of St. Lucie County and shall
continue until terminated in accordance with the following terms and conditions:
a. Non -availability of Funds — This Agreement may be terminated by ST. LUCIE if the
necessary funds are no longer available. ST. LUCIE will endeavor to provide a
minimum of thirty (30) days' notice of termination for non -availability of funds.
b. Default — This Agreement may be terminated, for cause, by ST. LUCIE as a result
of default by a SUBRECIPIENT on any of the terms and conditions of this
Agreement upon prior written notice to the SUBRECIPIENT advising of the default
and allowing a reasonable amount of time for correction of the default. The amount
of time provided shall be solely determined by ST. LUCIE and shall be outlined in
its written notice of default.
c. Termination at Will — Other than outlined in this subsection, this Agreement may
be terminated by mutual agreement of the parties upon sixty (60) days written
notice to the other.
22. SIGNAGE.
The SUBRECIPIENTS shall post an easily visible sign at all locations where CSBG
funded services are provided. The sign shall state, substantially, the following: "This
Agency works in partnership with the Treasure Coast Community Action Agency which
is the Community Action Agency for this County."
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23. ADDITIONAL TERMS AND CONDITIONS.
In addition to the terms and conditions outlined above, the SUBRECIPIENT shall
comply with all applicable terms and conditions set forth in the State Contract.
24. NOTICES.
All notices, requests, consents, and other communications required permitted under
this Agreement shall be in writing (including telex and telegraphic communication) and
shall be (as elected by the person giving such notice) hand delivered by messenger
or courier service, telecommunicated, or mailed (airmail if international) by registered
or certified mail (postage prepaid), return receipt requested and addressed to:
As to Martin: With a copy to:
Martin County Administrator Martin County Attorney
2401 SE Monterey Road 2401 SE Monterey Road
Stuart, Florida 34996 Stuart, Florida 34996
As to St. Lucie County:
St. Lucie County Administrator
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
or to such other address as any party may designate by notice complying with the
terms of this Section. Each such notice shall be deemed delivered: (a) on the date
delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c)
on the date of transmission with confirmed answer back 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.
25. PUBLIC RECORDS.
The parties shall allow public access to all documents, papers, letters or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by either party in conjunction with this Agreement.
26. ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between the parties with respect to
the subject matter hereof and supersedes all prior verbal or written agreement
between the parties with respect hereto. This Agreement may only be amended by a
written document, properly authorized, executed and delivered by the parties hereto.
This Agreement shall be interpreted as a whole unit. All interpretations shall be
governed by the laws of the State of Florida.
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27. FILING.
This Agreement and any subsequent amendments thereto shall be filed with the Clerk
of the Circuit Court of Martin County and the Clerk of the Circuit Court of St. Lucie
County pursuant to Section 163.01(11), Florida Statutes.
IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized
officials as of the date aforesaid.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
BY: BY:
Deputy Clerk Chair
ATTEST:
M.
Deputy Clerk
APPROVED AS TO FORM AND
CORRECTNESS
County Attorney
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chair
APPROVED AS TO FORM AND
CORRECTNESS
County Attorney
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EXHIBIT B
FY16 Contract Year'
Contract No. 16SB-OD-12-00-01-023
Total DEO CSBG FY16 Allocation $ 323,742
St. Lucie County Administration Costs (10%) $32,374
Subtotal $ 291,368
FY16 County Allocations per DEO
A. Martin (27%) $ 77,380
B. Okeechobee (13%) $ 38,626
C. St. Lucie County (60%) 175,362
$ 291, 368
These figures will change annually, based upon the DEO allocation and the County percentages
assigned by DEO and may be increased through a mid -year modification.
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COMMUNITY SERVICES BLOCK GRANT (CSBG)
SUB -RECIPIENT INTERLOCAL AGREEMENT FY16
THIS INTERLOCAL AGREEMENT, is made and entered into the -_ day
of September 2015, by and between the ST. LUCIE COUNTY, a political subdivision
of the State of Florida, ("ST. LUCIE" or "CSBG Recipient"), and OKEECHOBEE
COUNTY, a political subdivision of the State of Florida referenced in this document
as the "SUBRECIPIENT."
WITNESSETH:
WHEREAS, on June 24, 1997, the parties entered into an Interlocal Agreement,
which provided for the administration of Community Service Block Grant ("CSBG")
funds within the three County jurisdiction, hereinafter referred to as the 1997 CSBG
Interlocal Agreement"; and,
WHEREAS, on September 3, 2013, the 1997 CSBG Interlocal Agreement was
terminated and the parties entered into an Interlocal Agreement, providing for
administration of the 2014 CSBG funds in accordance with the revised TCCAA
recommended allocation formula and State of Florida Department of Economic
Opportunity ("DEO") requirements,
WHEREAS, the State of Florida Department of Economic Opportunity has
awarded a CSBG Subgrant to ST. LUCIE, which provides for ST. LUCIE to serve as
the CSBG Recipient, hereinafter referred to as the "CSBG Subgrant Agreement";
WHEREAS, the Treasure Coast Community Action Agency ("TCCAA"), which is
composed of members from Martin, Okeechobee and ST. LUCIE Counties, has
approved the allocation formula of the CSBG funds among the parties with ST. LUCIE
serving as the grant administrator and lead agency; and,
WHEREAS, the parties desire to enter into an Interlocal Agreement to provide for
the administration of the 2016 and future CSBG funds in accordance with the annually
revised TCCAA recommended allocation formula and DEO requirements.
NOW, THEREFORE, in consideration of the mutual advantages to the parties
and the benefits, promises, and consideration hereinafter set out, the parties agree as
follows:
1. GENERAL.
This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida
Interlocal Cooperation Act. This Agreement embodies the whole understanding of the
parties. There are no premises, terms, conditions, or obligations other than those
contained therein, and this Agreement shall supersede all previous
telecommunications, representations or agreements, either verbal or written, between
the parties hereto.
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2. PURPOSE AND INTENT.
It is the intent of the parties to provide for the administration of CSBG funds among
respective jurisdictions in accordance with the CSBG Subgrant Agreement.
3. TERMINATION OF EXISTING INTERLOCAL AGREEMENT.
The 2015 Interlocal Agreement shall terminate upon the effective date of this Amended
and Restated Interlocal Agreement.
4. SCOPE OF WORK.
The SUBRECIPIENT shall, in a satisfactory manner, fully perform the obligations
outlined in TCCAA Procedure Manual and the State Contract.
5. CSBG FUNDING ALLOCATIONS.
Based upon added oversight and quality assurance responsibilities mandated by
DEO, the Treasure Coast Community Action Agency Advisory Board and all parties
agree that that ST. LUCIE County, as the lead entity, shall receive funds of 10% of the
total CSBG allocation. Funds for FY16 are detailed in Exhibit B.
The parties agree that the remaining funds shall be assigned based on the state
allocation for each County, as provided annually by DEO. Each party may use up to
five percent (5%) of its individual allocation for administrative expenses as defined by
DEO and must budget funds for staff and board member training. The parties
acknowledge and agree that the allocation amounts shall be amended upon notice of
any additional funding made available pursuant to a modification issued by DEO during
a contract year. The Treasure Coast Community Action Agency Advisory Board shall
notify each party of the annual allocation within ten business days of notification by
DEO.
6. SUBGRANT AND/OR DELEGATION RESTRICTIONS.
The SUBRECIPIENT shall not sub -grant or in any way delegate responsibilities under
this Agreement to any other individual, agency, business, etc., without the prior written
approval of ST. LUCIE County. If a sub -grant is authorized, the SUBRECIPIENT shall
provide to ST. LUCIE County a written statement as to whether the sub -contractor is
a minority vendor, as defined in Section 288.703, Florida Statute and provide
completed debarment forms in accordance with the state contract requirements
(EXHIBIT A). The SUBRECIPIENT will be required to obtain reporting outcome data
and submit such data to ST. LUCIE within the identified timeframes in the format
required. The SUBRECIPIENT will be responsible for ensuring that any sub grantee
complies with all contract and procedural requirements.
7. REPORTS.
A. Monthly Invoices must be received by ST. LUCIE no later than the fifth of each
month, through the termination date of this Agreement. Submittal of Invoices
after the 15th of the month immediately following the month of service shall be
deemed a breach of contract and may result, at the sole option of ST. LUCIE, in
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termination of this Agreement. Each invoice must include the documents
detailed in the procedure manual and the number of people served with CSBG
funds, as well as the total number of people (from all funding sources) achieving
an outcome in Goal 1.1 during the month. Reimbursement for expenditures will
be provided only for those expenditures that meet the requirements outlined in
the TCCAA Procedure Manual, the State Contract and this interlocal agreement.
B. Quarterly Program Reports — must be received by ST. LUCIE no later than the
10th of the month following the end of each quarter until submission and
acceptance, by ST. LUCIE, of the Annual Close -Out Report. The ending dates
of each quarter are December 31, March 31, June 30 and September 30 of each
year. Quarterly reports are to include information on the number of clients served
as well as the types of services received by each client. Progress toward goals
each quarter is a requirement under the state contract to ensure reimbursement.
C. The Annual Close -Out Report is due no later than thirty (30) days after
termination of this Agreement or upon completion of all activities required under
this Agreement. Requests for funds submitted after this date will not be
reimbursable.
D. Other Reports, as required — Any other reports requested by ST. LUCIE shall be
submitted within fifteen (15) days of a written request from ST. LUCIE.
E. Failure to Provide Reports — Failure of the SUBRECIPIENT to provide the
necessary reports shall be considered a default under this Agreement.
8. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES.
All parties, to the extent applicable, shall be governed by applicable Federal and State
laws, rules and regulations in the performance of their responsibilities under this
Agreement. This shall include, but not be limited to, the Omnibus Budget
Reconciliation Act of 1981 (Public Law 978-35, as amended), Florida Administrative
Rules (73C-21) and others that may be identified in the state contract.
9. COMPLIANCE WITH POLICIES AND PROCEDURES.
All services provided under this Agreement shall comply with ST. LUCIE's CSBG
Standard Operating Procedures. Income eligibility shall be in accordance with the US.
Department of Health and Human Services (HHS) poverty guidelines published
annually by the federal government. In no event shall CSBG services be provided to
applicants with income above 125% US. Department of Health and Human Services
(HHS) poverty guidelines published in the Federal Register for the contract year.
10. MONITORING.
ST. LUCIE shall assure the proper performance of the SUBRECIPIENT through
desktop and/or on -site monitoring. At least once during the term of this Agreement,
ST. LUCIE shall conduct an on -site visit to SUBRECIPIENT'S service delivery
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location(s) to review the SUBRECIPIENT'S performance in the delivery of service and
its compliance with the terms of this Agreement.
The SUBRECIPIENT shall assure the proper performance of any sub grantees
through desktop and/or on -site monitoring. At least once during the term of this
Agreement, the SUBRECIPIENT shall conduct an on -site visit to sub grantee's service
delivery location(s) to review the sub grantee's performance in the delivery of service
and its compliance with the terms of this Agreement.
11. PERIOD OF AGREEMENT.
This Agreement shall take effect upon filing a fully executed copy with the Clerk of the
Circuit Court of Okeechobee County, Florida, and the Clerk of ST. LUCIE County,
Florida, and shall continue until terminated as provided herein under the provisions of
Section 18, of this Agreement.
12. AMENDMENT OF AGREEMENT.
This Agreement may only be amended by a written document signed by all parties and
filed with the Clerk of the Circuit Court of Okeechobee County, Florida, and the Clerk
of St. Lucie County, Florida. Any amendment modification to this Agreement shall be
contingent, whenever applicable, upon approval by the State of Florida, Department
of Economic Opportunity.
13. RECORD -KEEPING.
All records maintained by the SUBRECIPIENT under this Agreement, including
supporting documentation of all program costs, shall be sufficient to determine
compliance with this agreement and its referenced documents. As applicable,
SUBRECIPIENT'S performance under this Agreement shall be subject to the Uniform
Administrative Requirements for State and Local Governments" (53 Federal Register
8034) and OMB Circular No. A-87, "Cost Principles for State and Local Governments."
14. RECORD RETENTION,
The SUBRECIPIENT shall retain all records, including supporting documentation of all
program costs, in a form sufficient to determine compliance with the requirements and
objectives of this Agreement for a period of five years from the date St. Lucie's audit
report is issued and shall allow DEO or its designee, or the Auditor General access to
such records, upon request. The SUBRECIPIENT shall ensure that audit working
papers are made available to ST. LUCIE or the Auditor General upon request for a
period of five years from the date ST. LUCIE'S audit report is issued, unless extended
in writing by ST. LUCIE, with the following exceptions:
A. If any litigation, claim or audit is started before the expiration of the five-year
period and extends beyond the five-year period, the records will be maintained
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until all litigation, claims or audit findings involving the records have been
resolved.
B. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after
final disposition.
C. Records relating to real property acquisition shall be retained for five years after
closing of title.
15. ACCESS TO RECORDS
The SUBRECIPIENT, its employees or agents, including all subcontractors, sub
grantees or consultants to be paid from funds provided under this Agreement, shall
allow access to records at reasonable times to DEO, ST. LUCIE, its employees, and
agents. "Reasonable" shall be construed according to the circumstances but ordinarily
shall 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 ST. LUCIE.
16. TRAINING.
Staff of each party shall attend training provided by DEO on eligibility determination
and record -keeping requirements and must ensure that sub grantees receive training
content, if appropriate.
17. LIABILITY.
Each party shall be solely responsible to any parties with whom it deals in carrying out
the terms of this Agreement. The parties shall: (i) be bound by the terms of this
Agreement; (ii) be bound by all applicable state and federal laws and regulations.
18. INDEMNIFICATION.
Subject to the provisions of Section 768.27, Florida Statutes (2014), the
SUBRECIPIENT agrees to indemnify and hold the Department of Economic
Opportunity and ST. LUCIE County harmless against all claims of whatever nature
arising out of the SUBRECIPIENT performance of work under this agreement to the
extent allowed and required by law. The SUBRECIPIENT agrees to indemnify and
hold ST. LUCIE County harmless against any actions at law to recover damages in
tort for money damages for injury or loss of property, personal injury, or death arising
out of this Agreement and caused by the negligent or wrongful act or omission of any
employee of the respective county while acting within the scope of his office or
employment under circumstances in which such county, if a private person, would be
liable to the claimant, in accordance with the general laws of the State of Florida.
Subject to the provisions of Section 768.27, Florida Statutes (2012), ST. LUCIE
agrees to indemnify and hold the SUBRECIPIENT harmless from and against any
actions at law to recover damages in tort for money damages for injury or loss of
property, personal injury, or death arising out of this Agreement and caused by the
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negligent or wrongful act or omission of any employee of ST. LUCIE while acting
within the scope of his office or employment under circumstances in which such
county, if a private person, would be liable to the claimant, in accordance with the
general laws of the State of Florida.
19. AUDIT REQUIREMENTS.
The SUBRECIPIENT 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. The SUBRECIPIENT shall reimburse
ST. LUCIE County for any funds, including those provided to sub grantees, which were
found by a subsequent audit to have been improperly expended.
20. ASSURANCES.
During the performance of this Agreement, SUBRECIPIENT assures ST. LUCIE that
it will comply with the non-discrimination provisions, in accordance with the laws and
regulations identified in the State Contract, as well as all other applicable state and
federal regulations and will hold any sub grantees to the same.
21. TERM: TERMINATION.
This Agreement shall be effective upon being filed with the Clerk of the Circuit Court
of Okeechobee County and the Clerk of the Circuit Court of St. Lucie County and shall
continue until terminated in accordance with the following terms and conditions:
a. Non -availability of Funds — This Agreement may be terminated by ST. LUCIE if the
necessary funds are no longer available. ST. LUCIE will endeavor to provide a
minimum of thirty (30) days' notice of termination for non -availability of funds.
b. Default — This Agreement may be terminated, for cause, by ST. LUCIE as a result
of default by a SUBRECIPIENT on any of the terms and conditions of this
Agreement upon prior written notice to the SUBRECIPIENT advising of the default
and allowing a reasonable amount of time for correction of the default. The amount
of time provided shall be solely determined by ST. LUCIE and shall be outlined in
its written notice of default.
c. Termination at Will — Other than outlined in this subsection, this Agreement may
be terminated by mutual agreement of the parties upon sixty (60) days written
notice to the other.
22. SIGNAGE.
The SUBRECIPIENTS shall post an easily visible sign at all locations where CSBG
funded services are provided. The sign shall state, substantially, the following: "This
Agency works in partnership with the Treasure Coast Community Action Agency which
is the Community Action Agency for this County."
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23. ADDITIONAL TERMS AND CONDITIONS.
In addition to the terms and conditions outlined above, the SUBRECIPIENT shall
comply with all applicable terms and conditions set forth in the State Contract.
24. NOTICES.
All notices, requests, consents, and other communications required permitted under
this Agreement shall be in writing (including telex and telegraphic communication) and
shall be (as elected by the person giving such notice) hand delivered by messenger
or courier service, telecommunicated, or mailed (airmail if international) by registered
or certified mail (postage prepaid), return receipt requested and addressed to:
As to Okeechobee: With a copy to:
Okeechobee County Administrator Okeechobee County Attorney
304 NW 2nd Street, Room 123 304 NW 2nd Street, Room 123
Okeechobee, FL 34972 Okeechobee, FL 34972
As to St. Lucie County:
St. Lucie County Administrator
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
or to such other address as any party may designate by notice complying with the
terms of this Section. Each such notice shall be deemed delivered: (a) on the date
delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c)
on the date of transmission with confirmed answer back 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.
25. PUBLIC RECORDS.
The parties shall allow public access to all documents, papers, letters or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by either party in conjunction with this Agreement.
26. ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between the parties with respect to
the subject matter hereof and supersedes all prior verbal or written agreement
between the parties with respect hereto. This Agreement may only be amended by a
written document, properly authorized, executed and delivered by the parties hereto.
This Agreement shall be interpreted as a whole unit. All interpretations shall be
governed by the laws of the State of Florida.
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27. FILING.
This Agreement and any subsequent amendments thereto shall be filed with the Clerk
of the Circuit Court of Okeechobee County and the Clerk of the Circuit Court of St.
Lucie County pursuant to Section 163.01(11), Florida Statutes.
IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized
officials as of the date aforesaid.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
BY: BY:
Deputy Clerk Chair
ATTEST:
M.
Deputy Clerk
APPROVED AS TO FORM AND
CORRECTNESS
County Attorney
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chair
APPROVED AS TO FORM AND
CORRECTNESS
County Attorney
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Packet Pg. 299
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EXHIBIT B
O
FY16 Contract Year o
N
r
Contract No. 16SB-OD-12-00-01-023 0
0
M
U)
Total DEO CSBG FY16 Allocation
$ 323,742
St. Lucie County Administration Costs (10%)
$32,374
Subtotal
$ 291,368
a�
a
r
L
FY16 County Allocations per DEO
A. Martin (27%)
$ 77,380
c�
U)
B. Okeechobee (13%)
$ 38,626
to
C. St. Lucie County (60%)
175,362
u_
$ 291, 368
U)
W
ti
r
Lh
T_
O
N
U)
W
These figures will change annually, based upon the DEO allocation and the County percentages
assigned by DEO and may be increased through a mid -year modification.
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ITEM NO. RES-2015-171
TO:
PRESENTED BY:
SUBMITTED BY:
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
DATE: 09/15/2015
*CONSENT AGENDA\OFFICE OF
MANAGEMENT & BUDGET
Asheley Hepburn, Office of Management & Budget Director
Budget Division
Resolution - Transportation Revenue Bonds, Series 2015
The Board approved the refunding of the Transportation Revenue Bonds, Series 2007. A budget was not
established at that time; therefore, a budget must be established to appropriate proceeds from the
refunding of the Transportation Revenue Bonds, Series 2007. This action seeks the Boards authorization
to establish a budget.
PREVIOUS ACTION:
On March 3, 2015 the Board County Commissioners approved the refunding of Transportation Revenue
Bonds, Series 2007.
FINANCIAL IMPACT:
As these funds were not anticipated in the adopted FY 2015 budget, a budget needs to be established in
the Transportation I & S Fund (218-0000-385100 & 385200-000) for the Refunding.
RECOMMENDATION:
Staff recommends that the Board approve the Budget Resolution to establish the budget for the
Transportation Revenue Bonds Refunding.
COMMISSION ACTION:
Packet Pg. 301
Coordination/Signatures
anie 5. McIntyre, C my ttorney 9/3/2015 Ho A,,dton, Admin strator 9/9/2015
Paula A. Lewis, District No. 3, Chair 9/15/2015
Updated: 9/8/2015 11:56 AM by Donna Calise 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 Bond Proceeds in the amount of $11,390,000, for the Transportation Revenue Bonds, Series 2015
Refunding.
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 15th day of September, 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
218-0000-385100-000 Proceeds from Refunding -Principal $10,425,000
218-0000-385200-000 Proceeds from Refunding -Premium $ 965,000
$11,390,000
APPROPRIATIONS
218-950-573100-800 Additional Expenses -Bonds $ 44,217
218-950-573300-800 Payment -refunded Bond Escrow $11,345,783
$11,390,000
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 15TH DAY OF SEPTEMBER 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Packet Pg. 303
ITEM NO. (ID # 2967)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Diana Waite, Senior Planner
Planning Division
Hays Subdivision Final Plat
DATE: 09/15/2015
*CONSENT AGENDA\PLANNING
& DEVELOPMENT SERVICES
Hays Subdivision provides for the platting of a 2-lot subdivision for the purpose of constructing two single
family homes. The 23.48 acre parcel is located on the east side of Brocksmith Road, approximately 1 mile
south of Orange Avenue in AG-5 (Agricultural - 1 du/5 acres) Zoning. The new subdivision lots will be 11.1
acres and 11.8 acres in size. Both lots contain Brocksmith Road frontage.
The subdivision lot lines were configured to avoid impacts to an existing 2.06 acre wetland and it's
required upland buffer. As required in Comprehensive Plan Policy 6.1.14.6, the wetland is classified as a
Category III wetland and requires a minimum 25-foot upland buffer. These protected areas are within a
2.73 acre is dedicated as a conservation area on the Final Plat. In addition, a separate executed
Conservation Easement and approved Preserve Area Monitoring and Management Plan is scheduled or
your consideration on the same consent agenda as the Final Plat.
On July 7, 2015, the Board granted a waiver from the paving of Brocksmith Road with the condition that
the Final Plat include a provision requiring the property owner, their heirs and assigns to participate in
any lawfully established MSBU or assessment district that is created for the purpose of providing paving
and drainage improvements to Brocksmith Road. That provision is found under the Certificate of
Dedication on the proposed Final Plat. The development will be subject to the terms of the
development order granting site plan approval.
Staff has determined that this Final Plat meets all applicable provisions of the St. Lucie County Land
Development Code and Chapter 177, Florida Statutes.
PREVIOUS ACTION:
July 7, 2015 - BOCC granted a waiver, with conditions, from the paving provisions as set forth in LDC
Section 7.05.07.
July 15, 2015 - PDS Director approved PDS Order 2015-017 granting approval to the Minor Site Plan for
the Hays Subdivision, with conditions.
Packet Pg. 304
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board approval of the Final Plat for the Hays Subdivision and authorize the Chair to
sign documents as approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
— �qi, ItL��
L e 0%6n, Plan ing Manager 9/3/2015
kaie S. McIntyre, Co my ttorney 9/8/2015
Updated: 9/8/2015 10:50 AM by Donna Calise Page 2
Packet Pg. 305
8.E.1
Board of County Commissioners
Agenda Date
September 15, 2015
9:00 A.M.
Applicant
Linda and Peter Hays
1520 South Brocksmith Rd.
Fort Pierce, FL 34945
File Number
BCC-CSEN 720154882
Future Land Use
AG-5 (Agricultural-1 du/5acs)
Existin_g Zoning
AG-5 (Agricultural-1 du/5acs)
Staff Recommendation
Approve the Final Plat for the Hays
Subdivision and authorize the
Chair to sign documents as ap-
proved by the County Attorney.
Previous Action
July 7, 2015— Board granted a
waiver from paving Brocksmith Rd.
July 17, 2015 — Minor Site Plan
approval was granted by the Plan-
ning and Development Services
Director.
Proiect Manager
Diana Waite, AICP
Senior Planner
772.462.1577
waited@stlucieco.org
Hays Subdivision
Final Plat
BCC CSEN 720154882 zoning
Hays Subdivision
AG-2.5
AG-5
a
R�F
SCHIRARD-QR
IN
AG-5 - Agricultural (1 du/5 ac) IN
® Subject property AG-2.5 -Agricultural (1 du/2.5 ac) A
Map preparetl August 18. 2015
Project Location: Brocksmith Road, approximately one mile south of
Orange Avenue.
Proiect Description
This request is to obtain Final Plat
approval for the Hays Subdivision, a
2 lot subdivision located on the east
side of Brocksmith Road, approxi-
mately one mile south of Orange
Avenue. The applicant has satisfied
all applicable site plan conditions of
approval and provided the docu-
ments for the Final Record Plat as
established in Land Development
Code Section 11.03.03.
Background
On July 15, 2015, through PDS Or-
der 2015-017, the Hays Subdivision
Minor Site Plan was granted approv-
al, subject to conditions. Condition
#3 requires that prior to recording of
the Final Plat an executed Conserva-
tion Easement and approved Pre-
serve Area Monitoring and Manage-
ment Plan be provided along with an
affidavit and recording fees.
These items have been received
and are scheduled for the Board's
consideration on the same consent
agenda as the Final Plat.
Recommended Action
Approve the Final Plat for the Hays
Subdivision and authorize the Chair
to sign documents as approved by
the County Attorney.
Notice Requirements
N/A
Public Comment Received
None
Further details are found in the at-
tached memorandum.
Packet Pg. 306
8.E.2
ST. LUCIE COUNTY
` Planning & Development Services Department
Planning Division
' 2300 Virginia Avenue, Ft. Pierce, FL 34982
Office: 772-462-2822 — Fax: 772-462-1581
http:llwww.stiucieco.org/planning/plannin_g.htm
DEVELOPMENT APPLICATION
A pre -application conference is recommended prior to main application submittal.
Please contact the Planning Division to schedule an appointment.
Submittal Type (check each that aDDlies
Site Plan Rezoning 3
❑ Major Site Plan ❑ Rezoning (straight rezoning)
❑ Minor Site Plan ❑ Rezoning (includes PUDIPNRDIPMUD)
❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment
❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment °
❑ Major Adjustment to PUDIPNRD/PMUD ❑ Future Land Use Map Change
❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment
❑ Minor Adjustment to Minor Site Plan
❑ Minor Adjustment to PUDIPNRDIPMUD
Planned Development
❑ Planned Town or Village (PTV)
❑ Planned Country Subdivision (PCS)
❑ Planned Retail Workplace (PRW)
❑ Prelim. Planned Unit Develop. (PUD)
❑ Prelim. Planned Mixed Use Develop. (PMUD)
❑ Prelim. Planned Non -Res. Develop. (PNRD)
❑ Final Planned Unit Develop_ (PUD)
❑ Final Planned Mixed Use Develop. (PMUD)
❑ Final Planned Non -Res. Develop. (PNRD)
Conditional Use'
❑ Conditional Use
❑ Major Adjustment to a Conditional Use
❑ Minor Adjustment to a Conditional Use
Variance 2
❑ Administrative Variance
❑ Variance
❑ Variance to Coastal Setback Line
Other
❑ Administrative Relief
❑ Class A Mobile Homes
❑ Developer Agreement (Submit per LDC
11.08.03)
❑ Power Generation Plants
❑ Extension to Development Order
❑ Historical DesignationlChange6
❑ Land Development Code Text Amendment 7
XPlat
11 Post Development Order Change
❑ Re -Submittal # a
❑ Shoreline Variance
❑ Stewardships — Send inglReceiving
❑ Telecom Tower (Submit per LDC 7.10.23)
❑ Transfer of Development Rights
❑ Waiver to LDC/Comp. Plan Requirements 9
❑ Appeal of Decision by Administrative Official10
❑ Eminent Domain Waiver"
ADDlication Sunolement Packaaes
1.
Conditional Use
6.
Historical Designation/Change 10. Appeal of Decision by
2.
Variance
7_
LDC Text Amendment Administrative Official
3.
Rezoning I Zoning Atlas Amend.
B.
Re- Submittal 11. Eminent Domain Waiver
4.
Comp. Plan Amendments
9.
Waiver to LDC/Comp. Plan
5.
Class A Mobile Home
Requirements
Refer to Fee Schedule for applicable fees.
All required materials must be included at the time of submittal along with the
appropriate non-refundable fee(s).
Page 1 of 6
Revised May 6, 2013
Packet Pg. 307
8.E.2
FEE CALCULATION WORKSHEET
SITE DEVELOPMENT PLANS — Planning Division
Application Type: FiAAL V (&�
Supplemental Application Package No_:
(Please provide separate fee calculation worksheet for each application type)
❑ BASE REVIEW FEE: $ 2� (A)
❑ CONCURRENCY FEE: $ (B)
❑ ERD REVIEW FEE: $ (C)
❑ UTILITIES $
❑ PER ACREAGE CHARGE: $ (D)
o RESUBMITTAL FEE: (if applicable) $ (E)
❑ OTHER �~X 2'$ 0 $ I �-
SUBTOTAL OF BASIC FEES: $ �� �1•f
❑ PRE -APPLICATION MEETING FEE. (F) $( ) deduction
Receipt No. of Payment:
Date of Pre App:
BALANCE OF FEES DUE: $ t97 L1. J9
SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01
of the St. Lucie County Land Development Code
❑ $950.00 — Methodology Meeting (H) (If Applicable)
• Additional fees will be due if a 3'd party traffic study review is needed. These services will be invoiced to
applicant upon receipt of quote of services from 3r' party.
• Please note: For all projects requiring public notice, you will be invoiced by St_ Lucie County Planning
Division. Refer to "Public Procedures".
• Other fees may be applicable by other external reviewing agencies; i.e. Fire District and p aof of payment
will be required prior to project approval. Pre -Application Meeting Re 9
R�vl 16 4a\ �� (�
AS
Applicant Name (Printed) Signature of applicant
(For office use only)
INTAKE REVIEWER - SIGNATURE
VERIFIED BY - SIGNATURE
File Number:
Page 2 of 6
Revised May 14, 2015
DATE
DATE
Receipt Number:
Packet Pg. 308
8.E.2
Submittal Requirements
The following checklist is provided as a reminder.
Please see applicable code sections for more detailed submittal requirements.
All Submittals MUST be in complete folded and collated sets.
All applications must include the following:
❑ Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11
copies)
❑ Aerial Photograph -- property outlined (available from Property Appraiser's office
❑ Property Deed
❑ Legal description, in MS Word format, of subject property
❑ Property Tax Map — property outlined (electronic copy not required)
❑ Survey (24x36)
❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached)
❑ Concurrency Deferral Affidavit; or
❑ Description and analysis of the impact of the development on public facilities in accordance with the
methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation
Assessment or a full Traffic Impact Report, if applicable.
Site Plan and Planned Development Applications must also include:
❑ Site Plan 24"x36" at a scale of 1 "=50' (12 copies- folded, not rolled)
❑ Boundary Survey (24x36) —Signed and Sealed (12 originals)
❑ Topographic Survey (24x36) — Signed and Sealed (12 originals)
❑ Landscape Plan — Signed and Sealed (12 originals)
❑ Traffic Impact Report (TIR) (4 copies) if:
o 50+ residential units
Q Development on N. or S. Hutchinson Island
o Non-residential (see LDC Section 11.02.09(4))
❑ Environmental Impact Report (4 copies) if -(See LDC Section 11.02.09(5))
o The property is ten acres or greater
o The property, regardless of size, contains a wetland;
o The property is identified on the "Native Habitat Inventory for SLC";
o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain;
o Development on N. or S. Hutchinson Island
Development Order Extension Applications only require the following:
❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06)
❑ Updated Traffic Analysis if applicable (4 copies)
❑ Approved Resolution or GM Order
Fipal Plats only require 2 CDs (follow specifications above) & 4 copies of the following:
in Application and back up material
pproved Site Plan and copy of approved Development Order
Plat - Include extra copies of Plat for applicable conditions of approval
Four (4) Original Wars are due followinq final staff review.
*Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal
description provided on the property appraiser's website is not valid for our purposes. The legal description
you provide us will be used in all future documentation. if it is incorrect, it may invalidate the results of any
hearing(s).
Page 3 of 6
Revised May 14, 2015
Packet Pg. 309
Project Information
8.E.2
Project Name: �� JY
Site address:
Parcel ID Number(s):
23 1172�' Ooop * Oop•J�
Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD)
Property location — Section/Township/Range: _ _�� �1 5b4 G
Property size — acres: r Square footage:
Future Land Use Designation: i7 "
Zoning District: AG`C7
Description of project: (Attach additional sheets if necessary)
Type of construction (check all applicable boxes):
❑ Commercial Total Square Footage: Existing
❑ Industrial Total Square Footage: Existing
Residential No. of residential units: Existing
No. of subdivided lots: Existing
❑ Other Please specify:
Number and size of out parcels (if applicable):
Page 4 of 6
Revised May 14, 2015
Proposed:
Proposed:
Proposed:
Proposed:
a
Packet Pg. 310
8.E.2
SPECIAL NOTICE
(PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW)
Submission of this application does not constitute the granting of approval. All appropriate requirements must
be feet prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves
the right to request additional information to ensure a complete review of this project.
ACKNOWLEDGMENTS
A licant Information (Property er: Develo Agent Information:
Business Name: !� � L A .X 4 Business Name:
Name: 1-P ` + Name:
Address: 14 4.0 Address:
(Please use an address that can accept overnight (Please use an address that can accept overnight
�1 packages) packages)
Phone. i�-" 2l�,lfi� D�Z� Phone:
Fax: ��2" �, I F ":z& l i Fax:
Email: IWKAVe_ apt • joM _ Email:
iv
Please note: both applicant and agent will receive all official correspondence on this project.
Property Owner Information
This application and any application supplement will not be considered complete without the notarized
signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this
application for approval. The properly owner's signature below shall also serve as authorization for the above
applicant or a t to act on behalf f said property owner.
(2
?4�_-�e c 16,
Property Owner Signature Property Owne{ Name (Printed)
Mailing Address: r"JZb �i� siY�+a-h Phone: _-�- Z `U - al
Ifmorethan one owner, please submit additional pages
ag
STATE OF , COUNTY OFS �- LI.LAC�
_e-
The foregoing instrument was acknowledged before me this day of �� 20 t .J
by ����� t�a `t who is personally known to me or who has produced
as identification.
Signaa r o otary Type or Print Name of Notary
k' � 5C)5{0(,, Commission Number (Seal)
Page 5 of 6
Revised May 14, 2015
�1PHY'PV,'•
;�� •.; TIFFANY L. SCARiIANDO
Notary pwa - no Of
s= MY Comm. Explira Bap 2 VI?
ComminW N FF SON$
a
Packet Pg. 311
1L 1L
AYS
LYING IN SECTION 17, TOWNSHIP
LEGAL DESCRIPTION
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST,
ST. LUCIE COUNTY, FLORIDA, RUN NORTH 00°21'37" WEST, ALONG THE NORTH —SOUTH 1 /4 SECTION LINE, A DISTANCE OF
2620.00 FEET, TO A POINT 33.42 FEET SOUTH OF NORTHWEST CORNER OF THE SOUTHEAST 1 /4 OF SAID SECTION 17;
THENCE RUN NORTH 89°38'23" EAST, A DISTANCE OF 43.50 FEET, TO THE EAST RIGHT OF WAY LINE OF BROCKSMITH ROAD
AND THE POINT OF BEGINNING;
THENCE RUN NORTH 00°21'37" WEST, ALONG THE SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 33.02 FEET, TO THE
EAST —WEST 1 /4 SECTION LINE; THENCE RUN NORTH 00°21'50" WEST, ALONG THE SAID EAST RIGHT OF WAY LINE, A
DISTANCE OF 676.98 FEET; THENCE RUN SOUTH 85°51'22" EAST, A DISTANCE OF 1296.69 FEET, TO THE 1/4-1/4 SECTION
LINE; THENCE RUN SOUTH 00°16'26" EAST, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 586.87 FEET, TO THE
EAST —WEST 1 /4 SECTION LINE; THENCE RUN SOUTH 00°16'48" EAST, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE
OF 221.31 FEET; THENCE RUN SOUTH 89`38'23" WEST, A DISTANCE OF 855.85 FEET; THENCE RUN NORTH 00°21'37" WEST,
A DISTANCE OF 200.00 FEET; THENCE RUN SOUTH 89°38'23" WEST, A DISTANCE OF 435.60 FEET TO THE EAST RIGHT OF
WAY LINE OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; ALL LYING AND BEING IN SECTION 17, TOWNSHIP 35
SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA.
CERTIFICATE OF DEDICATION
STATE OF FLORIDA
COUNTY OF ST. LUCIE
PETER B. HAYS AND LINDA W. HAYS, HIS WIFE, TRUSTEES UNDER THE HAYS LIVING TRUST, THE OWNERS OF THE ABOVE
DESCRIBED LAND, DO HEREBY DEDICATE AS FOLLOWS:
1. TRACT "A" AS SHOWN HEREON IS HEREBY DEDICATED ON A NON—EXCLUSIVE BASIS AS CONSERVATION TRACT. A
CONSERVATION EASEMENT OVER TRACT "A" IS HEREBY DEDICATED ON A NON—EXCLUSIVE BASIS TO ST. LUCIE COUNTY,
FLORIDA, FOR THE PRESERVATION OF NATURAL VEGETATION. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION EASEMENT
INCLUDE CONSTRUCTION OR PLACEMENT OF BUILDINGS, ROADS, SIGNS, BILLBOARDS OR OTHER ADVERTISING, UTILITIES, OR
OTHER STRUCTURES ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCE OR MATERIAL AS
LANDFILL, OR DUMPING OR PLACING OF TRASH, WASTE OR UNSIGHTLY OF OFFENSIVE MATERIALS; REMOVAL OR DESTRUCTION
OF TREES, SHRUBS OR OTHER NATIVE VEGETATION, EXCEPT FOR THE REMOVAL OF EXOTIC OR NUISANCE VEGETATION IN
ACCORDANCE WITH THE MANAGEMENT PLAN; EXCAVATION, DREDGING OR REMOVAL OF LOAM, PEAT, GRAVEL, SOIL, ROCK, OR
OTHER MATERIAL SUBSTANCE IN SUCH MANNER AS TO AFFECT THE SURFACE; SURFACE USE EXCEPT FOR PURPOSES THAT
PERMIT THE LAND OR WATER AREA TO REMAIN IN ITS NATURAL OR ENHANCED CONDITION; ACTIVITIES DETRIMENTAL TO
DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, SOIL CONSERVATION, OR FISH AND WILDLIFE HABITAT
PRESERVATION INCLUDING, BUT NOT LIMITED TO, DITCHING, DIKING AND FENCING.
2. TRACT "B" AS SHOWN HEREON IS HEREBY DEDICATED ON AN EXCLUSIVE PERPETUAL BASIS TO ST. LUCIE COUNTY,
FLORIDA, ITS SUCCESSORS AND/OR ASSIGNS AS A PUBLIC RIGHT OF WAY, FOR ROADWAY, STORMWATER MANAGEMENT AND
DRAINAGE AND UTILITY PURPOSES, INCLUDING BUT NOT NECESSARILY LIMITED TO INSTALLATION AND MAINTENANCE OF
IMPROVEMENTS, OVER, UNDER, ACROSS AND UPON TRACT "B".
3. CURRENT AND/OR FUTURE LOT OWNERS AND THEIR HEIRS AND ASSIGNS WITHIN THE HAYS SUBDIVISION AGREE TO
PARTICIPATE IN ANY LAWFULLY ESTABLISHED MSBU OR OTHER SPECIAL ASSESSMENT DISTRICT CREATED FOR THE PURPOSE
OF PROVIDING FOR THE PAVING AND DRAINAGE IMPROVEMENTS TO BROCKSMITH ROAD.
WITNESS OUR HANDS AND SEALS THIIS DAY OF 2015.
PETER B. HAYS, TRUSTEE
WITNESS SIGNATURE
PRINTED NAME OF WITNESS
WITNESS SIGNATURE
PRINTED NAME OF WITNESS
ACKNOWLEDGMENT
STATE OF
LINDA W. HAYS, TRUSTEE
)SS:
COUNTY OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _____ DAY OF ______________ 2015,
BY ( ) WHO IS PERSONALLY KNOWN TO ME OR ( ) WHO
PRODUCED
NOTARY SIGNATURE
PRINT NOTARY NAME
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES:
AS IDENTIFICATION.
SURVEYORS NOTES
1. THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 17 IS ASSUMED TO BEAR NORTH 89°50'24" WEST AND
ALL OTHER BEARINGS SHOWN ARE RELATIVE THERETO.
2. NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS
DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR
DIGITAL FORM OF THE PLAT.
5. NOTICE: THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
6. LOT CORNERS AND PERMANENT REFERENCE MONUMENTS HAVE BEEN SET AT POINT OF INTERSECTIONS AND/OR
CHANGE IN DIRECTION AS REQUIRED BY CHAPTER 177.
3 S 1L Jl 10 N
LA b.. -4. -4.)
35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA
D.nge Amyx 9ap1191 Y.ypniyy s'St•wcs .
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A:c + m �.irnge Ave
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Y ° W
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SITE
LOCATION
LOCATION MAP
NOT TO SCALE
ACKNOWLEDGMENT
STATE OF )
)SS:
COUNTY OF ___________ )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF
__ 2015,
BY , ( ) WHO IS PERSONALLY KNOWN TO ME OR ( ) WHO
PRODUCED _____________________________________ AS IDENTIFICATION.
NOTARY SIGNATURE
PRINT NOTARY NAME
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES:
TITLE CERTIFICATION
STATE OF FLORIDA )
SS:
COUNTY OF ST. LUCIE )
I, DENNIS G. CORRICK, A MEMBER OF THE FLORIDA BAR, RELYING SOLELY ON THAT CERTAIN OWNER & ENCUMBRANCE
SEARCH REPORT PREPARED BY FIRST AMERICAN TITLE INSURANCE COMPANY, DATED APRIL 23, 2015, AND DESIGNATED AS
FILE NUMBER 2037-3352683 (THE "PLAT SEARCH"), AND ASSUMING THE ACCURACY OF THE INFORMATION CONTAINED IN
THE PLAT SEARCH, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE OF THE PROPERTY DESCRIBED HEREON AND
THAT I FIND THAT THE TITLE TO THE PROPERTY IS VESTED IN: PETER B. HAYS AND LINDA W. HAYS, TRUSTEES, OR THEIR
SUCCESSORS IN TRUST, UNDER THE HAYS LIVING TRUST, DATED FEBRUARY 20, 2004, THAT ALL TAXES ON THE PROPERTY
HAVE BEEN PAID AS REQUIRED BY FLORIDA STATUTES § 197.192, AND THAT THE PROPERTY IS NOT ENCUMBERED BY ANY
OUTSTANDING MORTGAGES.
DATED: THE DAY OF , 2015
BY: DENNIS G. CORRICK, VICE PRESIDENT
DEAN, MEAD, MINTON, & ZWEMER
FLORIDA BAR No. 0146390
CLERK'S RECORDING CERTIFICATE
STATE OF FLORIDA
COUNTY OF ST. LUCIE
I, JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, DO HEREBY CERTIFY THAT THIS PLAT
HAS BEEN EXAMINED, AND THAT IT COMPLIES IN FORM WITH ALL THE REQUIREMENTS OF THE LAWS OF FLORIDA
PERTAINING TO MAPS AND PLATS AND THAT THIS PLAT HAS BEEN FILED FOR RECORD IN PLAT BOOK
_______ PAGE(S) _______ , OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA,
THIS DAY OF 2015.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
ST. LUCIE COUNTY, FLORIDA
COUNTY COMMISSION
STATE OF FLORIDA
COUNTY OF ST. LUCIE
IT IS HEARBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALY APPROVED FOR RECORD BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA. THIS _____ DAY OF ---------------------- 2015
m.
CHAIR, BOARD OF COUNTY COMMISSIONERS
COUNTY SURVEYOR
STATE OF FLORIDA
COUNTY OF ST. LUCIE
IT IS HEREBY CERTIFIED THAT THIE UNDERSIGNED SURVEYOR AND MAPPER DULY LICENSED IN THE STATE OF FLORIDA HAS
REVIEWED THIS PLAT FOR CONFORMITY WITH THE REQUIRMENTS OF CHAPTER 177, PART 1, FLORIDA STATUTES.
THIS _____ DAY OF ---------------------- 2015
aw
RONALD H. HARRIS, PLS #4198
COUNTY SURVEYOR
ST. LUCIE COUNTY, FLORIDA
COUNTY ATTORNEY
STATE OF FLORIDA
COUNTY OF ST. LUCIE
THIS PLAT IS APPROVED AS TO FORM.
THIS ----- DAY OF 2015
B Y:
DANIEL S. MCINTYRE
COUNTY ATTORNEY
ST. LUCIE COUNTY, FLORIDA
COUNTY ENGINEER
STATE OF FLORIDA
COUNTY OF ST. LUCIE
IT IS HEREBY CERTIFIED THAT THIS PLAT MEETS THE MINIMUN SUBDIVISION PLATTING REQUIRMENTS AS SET FORTH IN
SECTION 11.03.00 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE.
THIS DAY OF 2015.
BY: ----------------------
MICHAEL V. POWLEY, P.E., LICENSE #47627
COUNTY ENGINEER
ST. LUCIE COUNTY, FLORIDA
PLANNING AND DEVELOPMENT SERVICES
STATE OF FLORIDA
COUNTY OF ST. LUCIE
IT IS HEREBY CERTIFIED THAT THIS PLAT MEETS THE MINIMUM LOT DIMENSION REQUIREMENTS OF THE _______ ZONING
DISTRICT AS SET FORTH IN SECTION 7.04.00, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE.
THIS DAY OF 2015
B Y:
--------------------------------
LESLIE OLSON
DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
CERTIFICATE OF SURVEYOR AND MAPPER
I, MICHAEL T. OWEN, HEREBY CERTIFY THAT HAYS SUBDIVISION, AS SHOWN HEREON, IS A TRUE AND CORRECT
REPRESENTATION OF THE LANDS SURVEYED, THAT THE SURVEY WAS MADE UNDER MY RESPONSIBLE DIRECTION AND
SUPERVISION; THAT SAID SURVEY COMPLIES WITH CHAPTER 5J-17, OF THE FLORIDA ADMINISTRATIVE CODE AND IS
ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF; THAT PERMANENT REFERENCE MONUMENTS (P.R.M.'S) AND
MONUMENTS ACCORDING TO SECTION 177.091(G), FLORIDA STATUTES, WILL BE PLACED AS REQUIRED BY LAW; AND THAT
THE SURVEY DATA COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177 OF THE FLORIDA STATUTES, AS AMENDED,
AND ORDINANCES OF THE ST. LUCIE COUNTY, FLORIDA.
THIS DAY OF . 2015
MICHAEL T. OWEN
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 5556
E ENGINEERING DESIGN
& CONSTRUCTION, INC.
D1934 TUCKER COURT
FT. PIERCE, FL 34950
phone: 772-462-2455
Cphone: 772-419-8383
fax: 772-462-2454
CERTIFICATE OF AUTHORIZATION NUMBER LB 8098
Attach ment8.E.3: Final Plat Sheets (2967 : Hays Subdivision Final Plat)
ST. LUCIE COUNTY PROJECT.- 1220144826 SHEET 1 OF 2 1 �
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LEGEND
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LICENSED BUSINESS
O.R.B.
OFFICIAL RECORDS BOOK
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/8" IRON ROD & CAP
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STAMPED PRM "LB 7673"
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ENGINEERING DESIGN
& CONSTRUCTION, INC.
D
1934 TUCKER COURT
FT. PIERCE, FL 34950
1
phone: 772-462-2455
Cphone:
772-419-8383
fax: 772-462-2454
CERTIFICATE OF AUTHORIZATION NUMBER LB 8098
ST LUCIE COUNTY
PROJECT- 7220144826 SHEET 2 OF 2
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Attach ment8.E.3: Final Plat Sheets (2967 : Hays Subdivision Final Plat)
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4092188 07/16/2015 at 04:08 PM
OR BOOK 3768 PAGE 1997 - 2002 Doc Type: ORD
RECORDING: $52.50
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PDS Order No. 2015-017
SPMN 1220144826
AN ORDER GRANTING A MINOR SITE PLAN APPROVAL FOR
A PROJECT KNOWN AS HAYS SUBDIVISION
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
application for site plan approval and reviewed the comments of the St. Lucie County
Development Review Committee on this application, and made the following determinations:
1. Peter and Linda Hays submitted an application for Minor Site Plan approval for a 2 lot
residential subdivision to be known as Hays Subdivision, located on the east side of
Brocksmith Road, approximately .8 miles south of Orange Avenue in the AG-5 (Agricultural —
1du/5acres) Zoning District as more particularly described in Part B below and depicted on
Exhibit A.
2. On July 7, 2015, the Board of County Commissioners granted a waiver, with conditions, from
the paving provisions for access to new development set forth in Land Development Code
Section 7.05.07.
3. The Development Review Committee has reviewed the site plan for the proposed project and
found, with the proposed conditions, it meets the technical requirements of the St. Lucie
County Land Development Code and has satisfied the standards of review set forth in Section
11.02.07, Standards for Site Plan Review, of the Land Development Code.
4. The project will not have an undue adverse impact on adjacent property, the character of the
neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public
health, safety, and general welfare.
5. All reasonable steps have been taken to minimize any adverse effect of the proposed project
on the immediate vicinity through site design.
6. The project is designed, constructed and operated so as not to interfere with the development
and use of neighboring property, in accordance with applicable district regulations.
7. Planning Staff has performed a detailed analysis of the project and determined it to be
consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The
analysis is found in the Development Review Committee Final Report for the Hays Subdivision
Minor Site Plan, dated July 9, 2015.
July 15, 2015
PDS Order 2015 —017
SPMN 1220144826
Page 1
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8. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached
to this order, as required under Chapter V, St. Lucie County Land Development Code.
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed
Minor Site Plan project known as Hays Subdivision, is hereby approved as shown on the site
plan drawings for the project prepared by Boggs Planning & Landscape Architecture, dated July
21, 2014, revised through May 14, 2015, and date stamped received by the St. Lucie County
Planning and Development Services Director on June 16, 2015, subject to the following
conditions:
1. The Final Plat dedications shall state that current and or future lot owners and their
heirs and assigns within the Hays Subdivision agree to participate in any lawfully
established MSBU or other special assessment district created for the purpose of
providing for the paving and drainage improvements to Brocksmith Road.
2. Prior to issuance any construction authorizations Final Plat approval shall be granted by
the Board of County Commissioners.
3. Prior to the recording of the Final Plat, the applicant shall provide the required
executed Conservation Easement, approved Preserve Area Monitoring and
Management Plan (PAMMP) with an attached affidavit and cashier's check (payable to
the Clerk of the Court for recording fees) to the County Attorney for review and
approval [Comprehensive Plan 9.1.4.4]. The applicant shall also provide a GIS shapefile
or CAD file of the conservation easement boundaries to St. Lucie County. A copy of a
standard Conservation Easement can be found on the St. Lucie County Environmental
Resources Department website at:
http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf.
4. The issuance of County development permit does not in any way create any rights on
the part of the applicant to obtain a permit from a state or federal agency and does not
create any liability on the part of the County if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or undertakes
actions that result in a violation of state or federal law.
5. All other applicable state or federal permits including but not limited to Florida
Department of Environmental Protection permits must be obtained before
commencement of the development.
July 15, 2015
PDS Order 2015 —017
SPMN 1220144826
Page 2
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B. The property on which this Minor Site Plan approval is being granted is described as follows:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 35
SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN NORTH 00°21'37" WEST, ALONG THE
NORTH -SOUTH 1/4 SECTION LINE, A DISTANCE OF 2620.00 FEET, TO A POINT 33.42 FEETSOUTH OF
NORTHWESTCORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN NORTH 89°38'23"
EAST, A DISTANCE OF 43.50 FEET, TO THE EAST RIGHT OF WAY LINE OF BROCKSMITH ROAD AND THE
POINT OF BEGINNING;
THENCE RUN NORTH 00°21'37" WEST, ALONG THE SAID EAST RIGHT OF WAY LINE, A DISTANCE OF
33.02 FEET, TO THE EAST -WEST 1/4 SECTION LINE; THENCE RUN NORTH 00°21'50" WEST, ALONG
THE SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 676.98 FEET; THENCE RUN SOUTH 85°51'22"
EAST, A DISTANCE OF 1296.69 FEET, TO THE 1/4-1/4 SECTION LINE; THENCE RUN SOUTH 00°16'26"
EAST, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 586.87 FEET, TO THE EAST -WEST 1/4
SECTION LINE; THENCE RUN SOUTH 00°16'48" EAST, ALONG THE SAID 1/4-1/4 SECTION LINE, A
DISTANCE OF 221.31 FEET; THENCE RUN SOUTH 89°38'23" WEST, A DISTANCE OF 855.85 FEET;
THENCE RUN NORTH 00°21'37" WEST, A DISTANCE OF 200.00 FEET; THENCE RUN SOUTH 89°38'23"
WEST, A DISTANCE OF 435.60 FEET TO THE EAST RIGHT OF WAY LINE OF BROCKSMITH ROAD AND
THE POINT OF BEGINNING; ALL LYING AND BEING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39
EAST, ST. LUCIE COUNTY, FLORIDA.
Parcel ID: 2317-133-0000-0008
Location: Brocksmith Road, approximately .8 miles south of Orange Avenue.
C. The approvals granted by this administrative order shall expire on July 15, 2017, unless a
building permit is issued or an extension is granted in accordance with the provisions of
Section 11.02.06 of the St. Lucie County Land Development Code.
D. The developer is advised as part of this site plan approval that the developer or any successor
in interest shall obtain all applicable development permits and construction authorizations
from the appropriate State and Federal and local regulatory agencies including, but not limited
to, the United States Army Corps of Engineers, the Florida Department of Environmental
Protection, and South Florida Water Management District, and the St. Lucie County
Environmental Resources and Building Departments prior to the commencement of any
development activities on the property described in Part B. Issuance of this approval by the
County does not in any way create any rights on the part of the developer to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of this permit if the developer fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertake actions that may result in a
violation of state or federal law.
July 15, 2015
PDS Order 2015 —017
SPMN 1220144826
Page 3
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E. This Order shall become effective upon the date of approval indicated below. Should the
property owner, developer or authorized agent wish to appeal any condition described in Part
A above, all such appeals must be filed in writing with the County Administrator within 30 days
of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land
Development Code. Should an appeal to this Order be filed, no permitting reviews or further
administrative action shall take place on the processing of this development project until the
appeal is resolved.
F. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan
shall be placed on file with the St. Lucie County Planning and Development Services Director
and mailed to the applicant and agent of record as identified on the site plan applications.
G. The conditions set forth in Part A are an integral nonseverable part of the site plan approval
granted by this Order. If any condition set forth in Part A is determined to be invalid or
unenforceable for any reason and the developer declines to comply voluntarily with that
condition, the site plan approval granted by this order shall become null and void.
H. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this
order. If this order expires or otherwise terminates, the Certificate of Capacity shall
automatically terminate.
I. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 15th Day of July, 2015.
July 15, 2015
PDS Order 2015 —017
PLANNING AND DEVELOPMENT
SERVICES INTERIM DIRECTOR
ST. LUCIE COUNTY, FkORIDA
BY
LeWe- Olson, A
APPROVED AS TO FORM
AND CORRECTNESS:
BY &==
hs4- County Attorney
SPMN 1220144826
Page 4
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AG-5
EXHIBIT A
MNSP-1220144826
Hays Subdivision
Zoning
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Legend AG-5 -Agricultural (1 dul5 ac) '` NN
AG-2.5 - Agricultural (1 du/2.5 ac) A
Subject property
July 15, 2015
PDS Order 2015 —017
SPMN 1220144826
Page 5
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St Lucie County
Certificate of Capacity
Date. 7/8/2015
Certificate No. 2961
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development Minor Site Plan
Number of units 0 Number of square feet
2. Property legal description & Tax ID no.
2317-133-0000-0008
Brocksmith Road, .8 miles south of Orange Ave
Hays Subdivision
I Approval: Buildinq
Resolution No. PDS 2015-0 Letter
4. Subject to the following conditions for concurrency:
Plat approval and dedication of conservation easement
Owner's name
Peter and Linda Hays
Address
1520 S. Brocksmith Road
Fort Pierce FL 34945
6. Certificate Expiration Date 7/15/2017
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed g ��' Date: 7/8/2015
Planning an Development Services Director
St Lucie County, Florida
Wednesday, July 08, 2015
Page 1 of 2
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PROJECT INFORMATION:
Project Name: Hays Subdivision
Applicant: Peter B. Hays_ 1520 Brocksmith Road, Fort Pierce, Florida 34945
Gross Project Area: 23.48 acres; ROW Dedication: 0.24 acres; Net Project Area: 23.24 acres
Number of Units: 2 single family residences
Future Land Use: AG-5, 1 du/5 acres
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a� Zoning: AG-5, 1 du/5 acres
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Parcel Identification Number. 2317-133-0000-000-8
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Legal Description:
Commence at the southwest corner of the southeast 1/4 of section 17, township 35 south, range 39
east, st. lucie county, florida, run north 00'21'37" west, along the north -south 1/4 section line, a
distance of 2620.00 feet, to a point 33.42 feet south of northwest corner of the southeast 1/4 of
said section 17; thence run north 89'38'23 east, a distance of 43.50 feet, to the east right of way
line of brocksmith road and the point of beginning; thence run north 00'21'37" west, along the said
east right of way line, a distance of 33.02 feet, to the east -west 1/4 section line; thence run north
00'21'50" west, along the said east right of way line, a distance of 676.98 feet; thence run south
85'51'22" east, a distance of 1296.69 feet, to the 1/4-1/4 section line; thence run south 00'16'26"
east, along the said 1/4-1/4 section line, a distance of 586.87 feet, to the east -west 1/4 section
line; thence run south 00'16'48" east, along the said 1/4-1/4 section line, a distance of 221.31 feet;
thence run south 89'38'23" west, a distance of 855.85 feet; thence run north 00'21'37" west, a
distance of 200.00 feet; thence run south 89'38'23" west, a distance of 435.60 feet to the east
right of way line of Brocksmith road and the point of beginning; all lying and being in section 17,
township 35 south, range 39 east, St. Lucie County, Florida.
Schedule: Summer 2015-begin construction of 1 single family residence
Lots Size and Dimensional Requirements:
Max. du/ac Min. Lot Size Min. Lot Width Min. Road Frontage Min.Setbacks Max. Ht. Max.Lot Cov. by Buildings I)
2 217 800 150' 60' F-50', R-30', S-20' 80' 10%
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1) Future residences will be dependent on well and septic systems approved by the County Health
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Department during individual building permit applications.
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2) Adjacent Uses: All adjacent property is some Zoning and Land Use (AG-5), and is single family
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residences on large lots with farming and ranching activities. Proposed subdivision will continue
these uses.
3) A 15' land dedication shall be provided to St. Lucie County to allow Brocksmith Road a 70R.O.W.
429Q O
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OMITS OF PLAT
per Chapter 7.05.03 of the County Code.
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4) A Fair Share Contribution waiver request has been previously submitted to the County Engineer.
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This Minor Development application shall be the basis of staff and BOCC action on the request by
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the applicant to waive their fair share contribution of paving Brocksmith Road to County standards.
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5) Individual single family residences to have access from Brocksmith Road, with driveway design and
30,00 --"
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location conforming to County standards, and to be shown on individual lot development plans.
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6) Finished Floor Elevations to be 18" above crown of Brocksmith Road in accordance with County
dam-
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Code Section 7.04.01.
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7) Existing wetland in northwest pasture will be preserved as located by field flagging by
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Consulting Environmentalist. See E.I.R. for maintenance and monitoring plan.
8) The proposed subdivision shall conform to Section 3.01.03 (c), AG-5 Zoning District in
permitted, conditional, and accessory uses allowed.
855.85'
9) Landscaping shall conform to Section 7.09.00 for single family residential landscape requirements.
10) All utilities shall be located under ground.
Landscape Notes:
I . All plants shall conform to established nursery grades and standards, to be Florida
No. I or better, and shall be free of disease and insects at the time of installation.
2. All landscape areas other than sod will be provided a mulch cover of at least three
(3) inches. Cypress mulch shall not be used.
3. All Category I exotic plant species will be eradicated from the site.
Lot Data:
ACREAGE ROW DEDICATION WETLAND
LOT 1 9.223 ac
LOT 2 1 1 .284 ac
BOGGS
affaylp PLANNING- + LANDSCAPE ARCHITECTURE
100 AVENUE A SUITE 2E
FORT PIERCE, FLORIDA 34950
0. 135 ac
0. 10 ac
2.732 ac
-REVISIONS -
BY
DATE
REVISED PLAN PER STAFF COMMENTS
...........................................................................................................
REVISED PLAN PER STAFF COMMENTS
...................................................................................... I
DH
DH
......... i
3-19-15
5-14-15
............
BY
DATE
DRAWN
..............................
DH
CHECKED
GB
APPROVED
..........................................
GB
HAYS SUBDIVISION
MINOR SITE PLAN
SITE FP
A
•} EL
AOP
rov al Date
DATE: 11-21-14
HORIZ. SCALE V-60'
VERT. SCALE N \A
JOB No. Y
SHEET 1 OF 1
ITEM NO. (ID # 3055)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
ci inirrT-
BACKGROUND:
Tiffany Bennett, Public Safety Division Director
Public Safety
DATE: 09/15/2015
*CONSENT AGENDA\PUBLIC
SAFETY
Infrastructure Maintenance Service Agreement for the 800 MHz Public
Safety Radio System
This service agreement is our continuing contract with Motorola for the maintenance of the infrastructure
of our 800 MHz Public Safety radio system in the amount of $333,561.84 for one year.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funds will be available in the FY 15-16 Fine & Forfeiture - 800 MHz budget (107003-2120-546000-200)
RECOMMENDATION:
Staff recommends Board approval of the maintenance service agreement for the 800 MHz Public Safety
radio system in the amount of $333,561.84 and authorization for the Chair to sign documents as
approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 321
Coordination/Signatures
Tiffany Be , PuVf`t Division Director 8 24/ 01
4aniel,S..McIntyre, C my ttorney 9/1/2015
Updated: 9/3/2015 4:00 PM by Donna Calise Page 2
Packet Pg. 322
aMOTOROLA SOLUTIONS
Attn: National Service Support/4th fl
1301 East Algonquin Road
(800) 247-2346
Date: 08/12/2015
Company Name: St Lucie County Board Of County
Commissioners
Attn:
Billing Address:
15305 Midway Rd
City, State, Zip:
Fort Pierce,FL,34945
Customer Contact:
Tiffany Bennett
Phone:
(772)462-8110
SERVICES AGREEMENT
Contract Number: S00001002345
Contract Modifier: RN03-JUL-15 17:31:42
Required P.O.: No
Customer # :
1036173342
Bill to Tag # :
0012
Contract Start Date:
10/01/2015
Contract End Date:
09/30/2016
Anniversary Day:
Sep 30th
Payment Cycle:
MONTHLY
PO#:
QTY
MODEL/OPTION
SERVICES DESCRIPTION
MONTHLY
EXTENDED
EXT
AMT
Total Services
$27,796.82
$333,561.84
SPECIAL INSTRUCTIONS - ATTACH
Subtotal - Recurring Services
STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS
Subtotal - One -Time Event
Services
Total
$27,796.82
$333,561.84
Taxes
-
-
SERVICE AGREEMENT FOR SMARTZONE 3.0
RADIO SYSTEM TO INCLUDE THE FOLLOWING
Grand Total
$27,796.82
$333,561.84
THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING
JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA.
SERVICES:
DISPATCING, TECHNICAL SUPPORT,
NETWORK MONITORING, NETWORK
PREVENTATIVE MAINTENANCE
INFRASTRUCTURE REPAIR, AND ON SITE
INFRASTRUCTURE RESPONSE- PREMIER
NOTE: EOL (End of Life): Motorola will use
commercially reasonable efforts to provide
replacement parts for Motorola manufactured
equipment which has reached EOL and beyond.
Motorola reserves the right to supply either
assemblies or piece parts. There is no guarantee
parts can be located due to the age of the system
and End Of Life Componets. If parts cannot be
located, the equipment will be returned to the
customer unrepaired and removed from the
contract.
Subcontractor(s)
City
State
MOTOROLA - ORANGE COUNTY (D0222)
LAKE MARY
FL
MOTOROLA SYSTEM SUPPORT
SCHAUMBU
IL
CENTER -NETWORK MGMT D0067
RG
MOTOROLA SYSTEM SUPPORT CTR-CALL
SCHAUMBU
IL
CENTER D0066
RG
MOTOROLA SYSTEM
SCHAUMBU
IL
SUPPORT -TECHNICAL SUPPORT D0068
RG
ELECTRONIC MAINTENANCE &
SEBRING
FL
COMMUNICATIONS
I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms
Packet Pg. 323
and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference
AUTHORIZED CUSTOMER SIGNATURE TITLE DATE
CUSTOMER (PRINT NAME)
MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE
Matt Brenneman
MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE
Company Name: St Lucie County Board Of County Commissioners
Contract Number: S00001002345
Contract Modifier: RN03-JUL-15 17:31:42
Contract Start Date: 10/01 /2015
Contract End Date: 09/30/2016
Packet Pg. 324
Service Terms and Conditions
Motorola Solutions, Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby
agree as follows:
Section 1 APPLICABILITY
These Service Terms and Conditions apply to service contracts whereby Motorola will provide to
Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2)
installation services under a Motorola Installation Agreement.
Section 2 DEFINITIONS AND INTERPRETATION
2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service
Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are
incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these
Service Terms and Conditions take precedence over any cover page, and the cover page takes
precedence over any attachments, unless the cover page or attachment states otherwise.
2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added
to this Agreement.
2.3. "Services" means those installation, maintenance, support, training, and other services described
in this Agreement.
Section 3 ACCEPTANCE
Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the
Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of
this Agreement begins on the "Start Date" indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of
work or other document attached to this Agreement. At Customer's request, Motorola may also provide
additional services at Motorola's then -applicable rates for the services.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be
used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and
routine service procedures that are prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same
system as the initial Equipment, the additional equipment may be added to this Agreement and will be
billed at the applicable rates after the warranty for that additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equipment is
added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial
and model number list of the Equipment. Customer must promptly notify Motorola in writing when any
Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for
this Equipment will terminate at the end of the month in which Motorola receives the written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in
hazardous environments.
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4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for
any reason, Motorola may modify the scope of Services related to that Equipment; remove that
Equipment from the Agreement; or increase the price to Service that Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to
Customer's notification in a manner consistent with the level of Service purchased as indicated in this
Agreement.
Section 5 EXCLUDED SERVICES
5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged
from use in other than the normal, customary, intended, and authorized manner; use not in compliance
with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect,
acts of God or other force majeure events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the
normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming
Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or
software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or
tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission
medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment
malfunction caused by the transmission medium.
Section 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at
Customer's location, Customer will provide Motorola, at no charge, a non -hazardous work environment
with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of
liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer
will provide all information pertaining to the hardware and software elements of any system with which the
Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this
Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and
holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or
expenses associated with helicopter or other unusual access requirements; if these charges or expenses
are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola
for those charges and expenses.
Section 7 CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that
will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to
enable Customer's personnel to maintain contact, as needed, with Motorola.
Section 8 PAYMENT
Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in
advance for each payment period. All other charges will be billed monthly, and Customer must pay each
invoice in U.S. dollars within forty-five (45) days of the invoice date.
Section 9 WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and
workmanship for a period of ninety (90) days from the date the performance of the Services are
completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re -
perform the non -conforming Service or to refund, on a pro-rata basis, the fees paid for the non -
Service Terms and Conditions. Rev 1.12.12.doc (CSA formatted)
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conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Section 10 DEFAULT/TERMINATION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-
performing party a written and detailed notice of the default. The non -performing party will have thirty
(30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and
begin implementing the cure plan immediately after plan approval. If the non -performing party fails to
provide or implement the cure plan, then the injured party, in addition to any other rights available to it
under law, may immediately terminate this Agreement effective upon giving a written notice of termination
to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred
pursuant to this Agreement, including payments which may be due and owing at the time of termination.
All sums owed by Customer to Motorola will become due and payable immediately upon termination of
this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide
Services.
Section 11 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty,
negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law,
but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH
THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE
THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS
OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING
FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO
THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated
by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except
for money due upon an open account. This limitation of liability will survive the expiration or termination
of this Agreement and applies notwithstanding any contrary provision.
Section 12 EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings between
the parties, whether written or oral, related to the Services, and there are no agreements or
representations concerning the subject matter of this Agreement except for those expressed herein. The
Agreement may not be amended or modified except by a written agreement signed by authorized
representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this
Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no
event will either party be bound by any terms contained in a Customer purchase order,
acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing
specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify
this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized
representatives of both parties.
Service Terms and Conditions. Rev 1.12.12.doc (CSA formatted)
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Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY
RIGHTS
13.1. Any information or data in the form of specifications, drawings, reprints, technical information or
otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed
proprietary, will be kept confidential to the extent permitted by law, and will be promptly returned at
Motorola's request. The obligations set forth in this Section survive the expiration or termination of this
Agreement.
13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any
manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have
no obligation to provide Customer with access to its confidential and proprietary information, including
cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership
right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including
any intellectual property created as a result of or related to the Equipment sold or Services performed
under this Agreement.
Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal
Communications Commission or any other federal, state, or local government agency and for complying
with all rules and regulations required by governmental agencies. Neither Motorola nor any of its
employees is an agent or representative of Customer in any governmental matters.
Section 15 COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will
not hire, engage on contract, solicit the employment of, or recommend employment to any third party of
any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This
provision applies only to those employees of Motorola or its subcontractors who are responsible for
rendering services under this Agreement. If this provision is found to be overly broad under applicable
law, it will be modified as necessary to conform to applicable law.
Section 16 MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola
for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will
safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage
to this property, and return it to Motorola upon request. This property will be held by Customer for
Motorola's use without charge and may be removed from Customer's premises by Motorola at any time
without restriction.
Section 17 GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will
continue in full force and effect.
17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the
laws of the State in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
Service Terms and Conditions. Rev 1.12.12.doc (CSA formatted)
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17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond
that party's reasonable control, such as strikes, material shortages, or acts of God.
17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its
duties under this Agreement.
17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or
obligations hereunder without the prior written consent of the other Party, which consent will not be
unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent
will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or
its right to receive payment without the prior consent of Customer. In addition, in the event Motorola
separates one or more of its businesses (each a "Separated Business"), whether by way of a sale,
establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without
the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement
such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its
affiliates, to the extent applicable) following the Separation Event.
17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY
ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES
A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO
DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY
DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates.
17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and
conditions in effect at the time of the termination or expiration will apply to those Services and Customer
agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates.
Section 18 TERMINATION
Either party may terminate the Agreement without cause at any time upon thirty (30) calendar
days prior written notice to the other party. In the event of such termination, the Customer shall
be obligated to pay Motorola for pro -rated service fees up to and including the date of
termination and the Customer shall have no further legal obligations pursuant to the Agreement.
Section 19 PUBLIC RECORDS
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the County in order to perform the service.
(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 provided in state law or as otherwise provided by law.
(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.
(d) Meet all requirements for retaining public records and transfer, at no
cost, to the County all public records in possession of Motorola upon
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termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the County in a format that
is compatible with the information technology system of the County.
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a
MOTOROLA SOLUTIONS
Statement of Work
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the
Customer. These services are applicable only for the following system types: ASTRO®, ASTRO® 25, ARC 4000,
SmartZone®/OmniLink® v2.0.3 and higher, SmartNet®, Private Data (with a wireless network gateway) v2.0.3 and
higher, and Harmony® Wireless Communications System. The terms of this Statement of Work (SOW) are an integral
part of the Motorola Service Terms and Conditions or other applicable Agreement(s) with the Customer to which this
SOW is appended and made a part thereof by this reference.
1.0 Description of Services
Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as
set forth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained
technologists acknowledge and remotely diagnose the Event and initiate an appropriate response per the customer
profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further
development transferring the Event to Technical Support, or opening a Case for dispatch of a Servicer. If dispatched, the
Servicer will respond at the Customer location based on pre -defined Severity Levels set forth in the Severity Definitions
Table and Response times set forth in the On -Site Response Time Table in order to Restore the System.
Motorola will provide Case management as set forth herein. The SSC maintains contact with the on -site Servicer until
System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to
close through an automated Case tracking process.
2.0 Motorola Responsibilities:
2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO
and ASTR025, SmartZone/ OmniLink, Private Data, and Harmony Wireless Communications network
types.The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options.
2.2 If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO
and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the
type equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table.
2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring SmartNet
System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment
and location installed is listed in the Motorola Owned & Supplied Equipment Table.
2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date.
2.5 Continuously receive data from Customer monitored System and Customer initiated service requests.
2.6 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant
to section 3.1
2.7 Create a Case as necessary when service requests are received. Gather information to perform the following
2.7.1 Characterize the issue
2.7.2 Determine a plan of action
2.7.3 Assign and track the Case to resolution.
2.8 Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case
information collected in section 2.7
2.9 Ensure the required personnel have access to Customer information as needed.
2.10 Disable and enable System devices, as necessary, for Servicers.
2.11 Servicer will perform the following on -site:
2.11.1 Run diagnostics on the Infrastructure or FRU.
2.11.2 Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may
provide Infrastructure or FRU.
2.11.3 Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and
any other requirements necessary to perform the Maintenance service.
2.11.4 If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor
onto the Customer's premises.
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2.12 Verify with Customer that Restoration is complete or System is functional, if required by
Customer's repair Verification preference described in the Customer Support Plan required by section 3.5.
If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed
and the Servicer will be released.
2.13 Escalate the Case to the appropriate party upon expiration of a Response time.
2.14 Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved.
2.15 Notify Customer of Case Status, as described in the Customer Support Plan required be section 3.5
at the following Case levels
2.15.1 Open and closed; or
2.15.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed.
2.16 Provide the following reports, as applicable:
2.16.1 Case activity reports to Customer.
2.16.2 Network Monitoring Service reports for Customer System(s).
2.16.3 Network Activity/Availability Reports for ASTRO25, SmartZone/ OmniLink, and
Private Data Systems only.
2.17 Respond in accordance to pre -defined Response times upon receipt from Customer of Customer
managed passwords required for proper access to the Customer's System.
2.18 Apply additional support charges above and beyond the contracted service agreements that may apply if it
is determined that System faults were caused by the Customer making changes to critical System parameters.
3.0 Customer Responsibilities:
3.1 Allow Motorola Continuous remote access to obtain System availability and performance data.
3.2 Allow Motorola to access System if firewall has been installed; provide permanent/dedicated access for
SNMP traps (outbound) and ZDS polling (inbound). Also provide continuous utility service to any
Motorola equipment installed or utilized at Customer's premises to support delivery of the Service.
3.3 Order and maintain dedicated dial -up phone lines for telephone service for SMARTNET System types.
The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options.
3.4 Unless otherwise specified, Motorola recommends a private network connection for all other Systems.
The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options.
3.5 Provide Motorola with pre -defined Customer information and preferences prior to Start Date necessary
to complete Customer Support Plan.
3.5.1 Case notification preferences and procedure
3.5.2 Repair Verification Preference and procedure
3.5.3 Database and escalation procedure forms.
3.5.4 Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Manager.
3.6 Provide the following information when initiating a service request:
3.6.1 Assigned System ID number
3.6.2 Problem description and site location
3.6.2 Other pertinent information requested by Motorola to open a Case.
3.7 Notify the System Support Center when Customer performs any activity that impacts the System. (Activity
that impacts the System may include, but is not limited to, installing software or hardware upgrades,
performing upgrades to the network, or taking down part of the system to perform maintenance.)
3.8 Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service
is not possible.
3.9 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service.
3.10 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth
in paragraph 2.12.2
3.11 Maintain and store in an easy accessible location any and all Software needed to Restore the System.
3.12 Maintain and store in an easily accessible location proper System backups.
3.13 Verify with the SSC that Restoration is complete or System is functional, if required by the Repair
Verification Preference provided by Customer in accordance with section 3.5.
3.14 Pay additional support charges above and beyond the contracted service agreements that may apply if it
is determined that System faults were caused by the Customer making changes to critical System parameters
3.15 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the services described in this SOW.
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Severity Definitions Table
Severity Level
Problem Types
Severity 1
1. Response is provided Continuously
2. Major System failure
3. 33% of System down
4. 33% of Site channels down
5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC.
6. This level is meant to represent a major issue that results in an unusable system,
sub -system, Product, or critical features from the Customer's perspective. No
Work -around or immediate solution is available.
Severity 2
1. Response during Standard Business Day
2. Significant System Impairment not to exceed 33% of system down
3. System problems presently being monitored
4. This level is meant to represent a moderate issue that limits a Customer's normal use
of the system, sub -system, product, or major non -critical features from a
Customer's perspective
Severity 3
1. Response during Standard Business Day
2. Intermittent system issues
3. Information questions
4. Upgrades/preventative maintenance
5. This level is meant to represent a minor issue that does not preclude use of the
system, sub -system, product, or critical features from a Customer's perspective. It
may also represent a cosmetic issue, including documentation errors, general
usage questions, recommendations for product enhancements or modifications,
and scheduled events such as preventative maintenance or product/system upgrades.
On -Site Response Time Table (Customer's Response Time Classification is designated in the Service
Agreement).
Severity Level
PremierqE=4
Restoral
Off Deferral
Response Tim
Severity 1
Within 2 hours from receipt of Notification
8 Hours
Time provided
Continuously
by Servicer *
Severity 2
Within 4 hours from receipt of Notification
8 Hours
Time provided
Standard Business Day
by Servicer *
Severity 3
Within 24 hours from receipt of Notification
48 Hours
Time provided
Standard Business Day
by Servicer *
Please note these are Standard Commitment times. The commitment times should be based on
the Customers Support Plan.
Provide update before the specific contractual commitments come due.
* Note: Provide update to System Support Center before Deferral time comes due.
Appendix 1
Connectivity Matrix
System Type
Connectivity
Responsibility
Astro 25
T1
Motorola
SmartZone/OmniLink v3.5 and below
256K
Motorola
SmartZone/OmniLink v4 and above
512K
Motorola
Private Data
256K
Motorola
ARC 4000
T1 or VPN
Motorola
MESH
T1 or VPN
Motorola
Harmony
T 1
Motorola
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MotoBridge
T1 or VPN
Motorola
SmartNet
Dial -up
Customer
Private Network Connection
Public Internet Connection
IP VPN
IP VPN
(All Customers)
(Option Available only to Customers outside of
the US)
Standard solution for real time Connectivity
Non Standard solution for Connectivity
Dedicated bandwidth configuration provided to
No dedicated bandwidth provided to monitor
monitor Customers
Customers
Protected from unauthorized intrusion
Low risk of unauthorized intrusion
Encryption available
Encryption is required
Connectivity available through Motorola
Customer provides Connectivity to the internet via
an intemet service provider selected by Customer.
Motorola Owned & Supplied Equipment Table
Equipment Type
Location Installed
Firewall/Router
Master Site
System Support Server
Master Site for each Zone
Monitored Elements Table (Listed by technology)
Legal Approval
September 2010
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a
MOTOROLA SOLUTIONS
Statement of Work
Technical Support Service
1.0 Description of Services
The Technical Support service provides centralized remote telephone support for technical issues that require a high
level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support
Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and
resolution of system performance issues. Technical Support Service (i) does not include software upgrades that may
be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system
types supported and approved by Technical Support Operations, (iv) limited to Infrastructure currently supported
by Motorola.
Technical Support is applicable to the following system types: ASTROO, ASTRO® 25, ARC 4000, SmartZone® v2.0.3
and higher, SmartZone®/OmniLink®, E911, Private Data v2.0.3 and higher, SmartNet®, Conventional Two -Way, and
Wireless Broadband.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms
and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of
operation problems in accordance with the response times set forth in the Remote Technical Support
Response Times Table and the Severity Level defined in the Severity Definitions Table.
2.1.1 If Infrastructure is no longer supported by Motorola, Technical Support will diagnosis the System
but may not be able to resolve the issue without the Customer replacing the Infrastructure.
2.2. Advise caller of procedure for determining any additional requirements for issue characterization,
Restoration, including providing a known fix for issue resolution when available.
2.3. Attempt remote access to System for remote diagnostics, when possible.
2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed.
2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed.
2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups,
as applicable.
2.7. Escalate the Case to the appropriate party upon expiration of a Response time.
2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote
access capability.
2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described
in this SOW and notify Customer of an alternative course of action.
3.0 Customer has the following Responsibilities:
3.1. Provide Motorola with pre -defined information prior to Start Date necessary to complete Customer
Support Plan.
3.1.1. Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Manager.
3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of
Customer, System ID number, Service Agreement number, site(s) in questions, and brief description
of the problem.
3.3. Supply on -site presence when requested by System Support Center.
3.4. Validate issue resolution prior to close of the Case.
3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity.
3.6. Remove video from Digital In -Car Video equipment prior to contacting Motorola. If Technical
Support assists the Customer in removing video, the Customer acknowledges, understands and
agrees that Motorola does not guarantee or warrant that it will be able to extract any captured
video or that any captured video will not be damaged, lost or corrupted.
Packet Pg. 335
3.7 Acknowledge that Cases will be handled in accordance with the times and priorities as defined in
Remote Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
3.8 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola
to provide the Technical Support service to Customer.
Severity Definitions Table
Severity Level
Problem Types
Severity 1
1. Response is provided Continuously
2. Major System failure
3. 33% of System down
4. 33% of Site channels down
5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC.
6. This level is meant to represent a major issue that results in an unusable system,
sub -system, Product, or critical features from the Customer's perspective. No
Work -around or immediate solution is available.
Severity 2
1. Response during Standard Business Day
2. Significant System Impairment not to exceed 33% of system down
3. System problems presently being monitored
4. This level is meant to represent a moderate issue that limits a Customer's normal use
of the system, sub -system, product, or major non -critical features from a
Customer's perspective
Severity 3
1. Response during Standard Business Day
2. Intermittent system issues
3. Information questions
4. Upgrades/preventative maintenance
5. This level is meant to represent a minor issue that does not preclude use of the
system, sub -system, product, or critical features from a Customer's perspective. It
may also represent a cosmetic issue, including documentation errors, general
usage questions, recommendations for product enhancements or modifications,
and scheduled events such as preventative maintenance or product/system upgrades.
Remote Technical Support Response Times Table
SEVERITY
RESPONSE
Severity 1
Within 1 Hour from receipt of Notification, Continuously
Severity 2
Within 4 Hours from receipt of Notification, Standard Business Day
Severity 3
Within next Business Day, Standard Business Day
Approved by Legal 11-20-09
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vMOTOROLA SOLUTIONS
Statement of Work
Network Preventative Maintenance
1.0 Description of Service
Network Preventative Maintenance will provide an operational test and alignment, on the Customer's
Infrastructure Equipment (infrastructure or fixed network equipment only) to ensure the Infrastructure meets
original manufacturer's specifications, as set forth in the applicable attached Exhibit(s), all of which are
hereby incorporated by this reference. Customer's System type determines which Exhibit is applicable (i.e.
SmartZone system exhibit, SmartNet system exhibit). Network Preventative Maintenance will be performed
during Standard Business Days. If the System or Customer requirements dictate this service must occur outside
of Standard Business Days, Motorola will provide an additional quotation. Customer is responsible for any
charges associated with helicopter or other unusual access requirements or expenses.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or
other applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1 Notify the Customer of any possible System downtime needed to perform this service.
2.2 Physically inspect the Infrastructure Equipment in the system (equipment cabinets, general circuitry,
fault indicators, cables, and connections).
2.3 Remove any dust, and/or foreign substances from the Infrastructure.
2.4 Clean filters, if applicable.
2.5 Measure, record, align, adjust the Infrastructure Equipment parameters in accordance with the
manufacturer's service manuals and the Rules and Regulations of the Federal Communications
Commission (FCC), where applicable.
3.0 Customer has the following responsibilities:
3.1 Provide preferred schedule for Network Preventative Maintenance to Motorola.
3.2 Authorize and acknowledge any scheduled System downtime.
3.3 Maintain periodic backup of databases, Software applications and Firmware.
3.4 Establish and maintain a suitable environment (heat, light, and power) for the Equipment location and
provide the Servicer full, free, and safe access to the Equipment so that the Servicer may provide services.
All sites shall be accessible by standard service vehicles.
3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide
the Network Preventative Maintenance services to Customer.
SmartZone -Network Preventative Maintenance Checklist
Packet Pg. 337
SmartZONE Infrastructure
Operational Check (where applicable)
Repeater(s), Control Station(s)
Transmitter modulation
RF power output/reflected
RF Frequency Measured/adjusted
Receiver Sensitivity Measured/Adjusted
Power Supply voltages
Audio Input & Output Level
Check Low Speed Data
Combiners & Circulator Loss
Receiver Desense (Full Duplex Only)
Consoles Positions/Remotes
Audio Input & Output Level
Ethernet Operation
CEB Power Supply Voltage, and AC Ripple
Switches, Lights, CRT
CEB Signal Levels
Wiring and Grounding for each Position
CEB Diagnostics
Check and Clean keyboards, CPU. CRT's
Central Controllers, DIGITAC Comparators
Central Controller and Power Supplies
T Bar Switched
Simulcast Controller
Simulcast Remote Controller
Distribution Amp
DIGITAC Comparator
Receiver Multi -Couplers and Tower Mounted
Amplifier
Check for receiver to Comparator audio path.
Check for proper audio to Status Tone ratio
Confirm that all Receiver RX Notch Filters are
either IN or OUT
GPS
Roll to Redundant Receive Reference Module
Check Frequency Standards
Check Power Supply Voltages
Site Equipment
Audio Network Analyzer
Baseline Database Server
System Manager Terminal
Site Test/System Calibration Equipment
Power
UPS
Generator
AC to DC Power Unit (RF equipment)
All Equipment
Check Diagnostics/Alarms
AC/DC Voltages/Batteries
Switch -Over Operations
Switch to Generator Power
Switch to Battery Power
Check Diagnostics/Alarms
Other Equipment
Check all system printers
Check all modems for proper levels &
synchronization
MBX/Other telco interface common equipment
Approved by Motorola Contracts & Compliance: 1128108
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Statement of Work
Infrastructure Repair
1.0 Description of Services
Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the
applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this
reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit,
SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the
Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may
be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer
supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure
with similar Infrastructure, when possible.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms
and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Provide repair return authorization numbers when requested by Customer.
2.2. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return.
2.3. Perform the following service on Motorola Infrastructure:
2.3.1. Perform an operational check on the Infrastructure to determine the nature of the problem.
2.3.2. Replace malfunctioning FRU or Components.
2.3.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable
2.3.4. Perform a Box Unit Test on all serviced Infrastructure.
2.3.5. Perform a System Test on select Infrastructure.
2.4. Provide the following service on select third party Infrastructure:
2.4.1. Perform pre -diagnostic and repair services to confirm Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when
applicable.
2.4.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor
for repair service, when applicable.
2.4.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service.
2.4.4. Perform a post-test after repair by Motorola, original equipment manufacturer, or third party
vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a
Motorola System configuration, when applicable.
2.5. Re -program repaired Infrastructure to original operating parameters based on templates provided by
Customer as required by Section 3.3. If Customer template is not provided or is not reasonably usable, a
standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a
Software defect, IDO reserves the right to reload Infrastructure with a similar Software version.
Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the
Customer has a Motorola Software Subscription agreement.
2.6. Properly package repaired Infrastructure.
2.7. Ship repaired Infrastructure to the Customer specified address during normal operating hours of Monday
through Friday 7:OOam to 7:OOpm CST, excluding holidays. FRU will be sent two-day air unless
otherwise requested. Select third party FRU. Motorola will pay for such shipping, unless Customer
requests shipments outside of the above mentioned standard business hours and/or carrier programs, such
as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges
Packet Pg. 339
0 MCVFCMCOLA
3.0 Customer has the following responsibilities:
3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request a return
authorization number prior to shipping malfunctioning Infrastructure or third party Infrastructure named in
the applicable attached Exhibit.
3.1.1. Provide model description, model number, serial number, type of System and Firmware version,
symptom of problem and address of site location for FRU or Infrastructure.
3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to
physical damage or lightning damage.
3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software
applications from Infrastructure being sent in for service.
3.1.4. Provide Customer purchase order number to secure payment for any costs described herein.
3.2 Properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss
to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure
FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print
the return authorization number on the outside of the packaging.
3.3 Maintain templates of Software/applications and Firmware for re -loading of Infrastructure as set forth in
paragraph 2.5.
3.4 For Digital In -Car Video Infrastructure, remove video from equipment prior to sending Infrastructure in for
repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services
and fee applies.
3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Infrastructure Repair services to Customer.
4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other
underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure
Repair:
1. All Infrastructure over seven (7) years from product cancellation date.
2. All Broadband/WiNS Infrastructure three (3) years from product cancellation date.
3. Physically damaged Infrastructure.
4. Third party Equipment not shipped by Motorola.
5. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges.
6. Video retrieval from Digital In -Car Video equipment.
7. Test equipment.
8. Racks, furniture and cabinets.
9. Firmware and/or Software upgrades.
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0 A#070MOL.A
SmartZone System
Inclusions, Exclusions, Exceptions and Notes
Infrastructure Exhibit
Antenna Systems
Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre -amplifiers, antenna
cables, towers, tower lighting, and transmission lines.
Base Stations and Re eaters
Includes: Quantar, Quantro, Digital, MTR2000 ONLY.
Central Electronics Bank(s)
Includes Logging Recorder, Interface and Network Hub
Excludes all other technologies
see SOW specifically for NICE logging recorders
Channel Bank(s)
Includes Premisys and Telco
Excludes Siemens
Comparator(s)
Includes S ectratac, Di itac, and ASTRO-tac Comparators
Computer(s)
Includes computers (Pentium I, 11, III, IV) that directly interface with or control the communications System, includin
Systemwatch II, keyboards, mice and trackballs.
Excludes laptop computers and all 286, 386, 486 computers, defective or phosphor -burned cathode ray tubes CRT(s)
and burned -in flat panel display image retention.
Console(s)
Includes Centracom Gold Elite, MCC7500, MCC5500, MIP5000 as part of complete communication System —
including headset jacks, dual footswitches, and gooseneck microphones.
Excludes cables
Controller(s) -Trunking
Includes SmartNet II prime and remote controllers.
Excludes SSMT and SCMS controllers.
Dictaphones, Logging Recorders and
Excludes all other technologies
Recording Equipment
see SOW specifically for NICE logging recorders
Digital Interface Units
Included
Digital Signaling Modem(s)
Included upon modem model availability
Digital Voice Modems
Included upon modem model availability
Embassy Switch
Includes AEB, AIMI, ZAMBI, AMB
Management Terminals
Includes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, includin
Systemwatch II.
Excludes laptop computers and all 286, 386, 486 computers.
MBEX s or NOVA Interconnect
Included
Microwave Equipment.
Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment
must be shipped to IDO.
Excludes any on -site services.
Monitor(s)
Includes all Motorola certified monitors connected to computers that directly interface with or control the
communications System.
Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel displays image retention w
well as monitors that were not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number.
Moscad
Includes NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and
System Control and Data Acquisition (SCADA) must be quoted separately. Includes FSA4000.
Excludes all other fire alarming systems.
Motobrid e
Included
Network Fault Management
Includes Full Vision
Excludes NMC
Printers
Includes printers that directly interface with the communications System.
RAS(s)
Excludes RAS 1100, 1101 and 1102
Receiver(s)
Includes Quantar and MTR2000, ASTRO-TAC Receivers
Simulcast Distribution Amplifier(s)
Included
Site Frequency Standard(s)
Includes Rubidium, GPS and Netclocks systems sold with the Motorola System.
Excludes MFS -Rubidium Standard Network Time and Frequency devices
Universal Simulcast Controller
Included
Interface(s)
UPS Systems.
Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systen
must be shipped to IDO for repair.
Excludes batteries and any on -site services.
Zone Manager
Excludes HP715/33, HP 715/50 servers.
Excludes x-terminals NDS14C and NDS17C
Zone Controller(s)
Includes console terminals.
Excludes all Sun/IMP hard drives excot TLN3495A 0820 1 GB drive as well as the following SUN/IM.
CPUSET's: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389.
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8.G.1
ITEM NO. (ID # 3038)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Barbara Guettler, MSBU Project Manager
MSBU Program
Special Assessment Notice of Intents for 2016
DATE: 09/15/2015
*CONSENT AGENDA\PUBLIC
WORKS
One of the funding methods available for the capital improvements and essential services listed below is
through non -ad valorem special assessments levied on specially -benefited properties within the proposed
special assessment districts and collected using the uniform method pursuant to Section 197.3632, Florida
Statutes. In order to preserve this collection option, it is necessary for the Board to adopt resolutions
expressing its intent to use the uniform method commencing in November, 2016. The resolutions must
be considered at a duly advertised public hearing held prior to January 1, 2016.
The resolutions , which will be provided before the public hearing , do not in any way obligate the County
to levy the special assessments; rather, it simply preserves the County's option to use the uniform
method of collection if a special assessment is levied.
The Board is considering the creation of the following special assessment districts:
1. Canoe Creek MSBU - proposed - potable water/fire protection
2. FraMar MSBU - proposed - potable water/fire protection
3. Iroquois MSBU - proposed - potable water/fire protection
4. Lakewood Park 2 MSBU - proposed - potable water/fire protection
5. Mura MSBU - proposed -potable water/fire protection
6. Parkland MSBU - proposed - potable water/fire protection
7. Property Clean -Up SAD - Created - remedy code violations
8. Rainbow Drive 1 MSBU - proposed - potable water/fire protection
9. Rainbow Drive 2 MSBU - proposed - wastewater
10. River Hammock MSBU - proposed - potable water/fire protection
11. Sabal Creek MSBU - proposed - potable water/wastewater
12. Towns Villages and Countryside - proposed - infrastructure
13. Wide Waters MSBU - proposed - potable water/fire protection
14. Yates Road MSBU - proposed - potable water/fire protection
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8.G.1
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding is available from the advertising account in the MSBU program within the
Transportation Trust Interlocals Fund (101001-4115-549000-400).
RECOMMENDATION:
Staff requests the Boards' permission to advertise 14 public hearings to consider use of the uniform
method of collecting special assessments to be held at the Board's regular day meeting on October 20,
2015.
COMMISSION ACTION:
Coordination/Signatures
ichael Powley, County Enginee 9/2/2015
�4
anie S. McIntyre, C my ttorney 9/2/2015
Updated: 9/3/2015 3:48 PM by Donna Calise Page 2
Packet Pg. 343
8.G.2
ITEM NO. (ID # 2991)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Michael Powley, County Engineer
Engineering
DATE: 09/15/2015
*CONSENT AGENDA\PUBLIC
WORKS
Kings Highway at Indrio Road Intersection Improvements - Fourth
Amendment to Work Authorization No. 2
The County has long labored in coordination with the Florida Department of Transportation (FDOT) to
improve the intersection of Kings Highway and Indrio Road. The design for the intersection
improvements is nearing completion. A final task left is to secure our permits and pay for the mitigation
credits to offset our impacts. The Florida Department of Environmental Protection (FDEP) application fee
for this project is $650.00. The South Florida Water Management District (SFWMD) application fee for
this project is $4,500.00. Additionally, SFWMD and the Army Corps of Engineers (ACOE) have concluded
that six -tenths (0.6) of one forested wetland mitigation credit will be required. Dual forested wetland
mitigation credits for both SFWMD and ACOE can be purchased from the Bluefield Ranch Mitigation Bank.
The cost of the necessary credits is $72,000.00. Additionally, the Fort Pierce Farms Water Control District
(FPFWCD) permit fees will be approximately $10,000.00.
Funds for the FDEP and SFWMD fees in the amount of $5,150.00 will come from a change in scope to the
work authorization. Funds for the purchase of the mitigation credit and FPFWCD fees in the amount of
$82,000.00 will come from reductions to the existing contract with our designer, Kimley-Horn. Our
designer has completed the FDOT Lighting Justification Report for the Kings Highway and Indrio Road
Intersection Improvements Project. Additionally, FDOT will not maintain enhanced landscaping. The
balance of the necessary funds will come from a reduction to the landscape plans and public involvement
meetings.
The attached amendment is to modify our consultant contract and release the unneeded funds to pay for
permitting and mitigation.
PREVIOUS ACTION:
June 3, 2010, the County Administrator approved the First Amendment to Work Authorization No. 2 (C07-
07-385) with Kimley-Horn and Associates, Inc., for time extension through June 30, 2011.
February 6, 2013, the County Administrator approved the Second Amendment to Work Authorization No.
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8.G.2
2 (C07-07-385) with Kimley-Horn and Associates, Inc., for time extension through December 31, 2014.
July 1, 2014 - Board approval of the Third Amendment to Work Authorization No. 2 (C07-07-385) with
Kimley-Horn and Associates, Inc., in the amount of $541,850.00 for Kings Highway at Indrio Road
Intersection Improvements.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board approval of the Fourth Amendment to Work Authorization No. 2 (C07-07-385)
with Kimley-Horn in the deductive amount of $82,000.00 for the Kings Highway and Indrio Road
Intersection Improvements Project and approval of the contract with the Bluefield Ranch Mitigation Bank
to purchase six -tenths of one (0.6) forested credit in the amount of $72,000.00. Authorization for the
Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
ichael Powley, County Enginee 9/2/2015
Danie 5. McIntyre, c my ttorney 9/2/2015
Updated: 9/3/2015 2:50 PM by Donna Calise A Page 2
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8.G.2.a
COUNTY
F
L
0 R
i D A
PROJ/PROG #44001
FOURTH AMENDMENT TO WORK AUTHORIZATION NO. 02
CONTRACT C07-07-385
FOR CONTINUTING PROFESSIONAL ENGINEERING SERVICES
THIS AMENDMENT is made as of the day of , 2015 by and between the ST. LUCIE
COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County' and KIMLEY-HORN
AND ASSOCIATES, INC. hereinafter referred to as the "Consultant".
WITNESSETH:
WHEREAS, on July 24, 2007 the County entered into a Consulting Agreement (Contract No. C07-07-385)
hereinafter referred to as "Contract" with the Consultant to provide continuing professional Roadway and
Intersection Design; and,
WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in
this individual work authorization; and,
WHEREAS, on August 5,2008, the parties executed work authorization no. 02 for the project known as
"Kings Highway and Indrio Road Intersection Improvements"; and,
WHEREAS, on May 25, 2010, the parties executed the first amendment to extend the project schedule;
and,
WHEREAS, on February 6, 2013, the parties executed the second amendment to extend the project
schedule; and,
WHEREAS, on July 1, 2014, the parties executed the third amendment to revise the scope of services,
increase compensation, and extend the project schedule; and,
WHEREAS, the parties desire to further amend the work authorization to revise the scope of services,
reallocate funds within the work authorization, and decrease compensation.
NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and
valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound,
hereby agree as follows:
1. SERVICES:
The County has determined that it would like to utilize the services of the Consultant in the completion of
the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of
the continuing contract (C07-07-385). The services to be provided by Consultant on the Project shall be for those
as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto
as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein.
2. COMPENSATION:
The decreased cost to perform all services as described in the attached Scope of Services shall be billed on
an hourly basis, and shall reduce the work authorization in the amount of eighty two thousand 00/100 dollars
Page 1 of 2
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8.G.2.a
($82,000), as further detailed in Exhibit "B" for a total not to exceed work authorization amount of one million
ninety thousand four hundred sixty eight and 00/100 ($1,090,468.00).
3. CONTRACT DOCUMENT:
Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall
remain in full force and effect. Any conflict between the terms and conditions of this work authorization and the
terms and conditions of the Continuing Contract, shall be interpreted in favor of the Continuing Contract.
4. TIME OF COMPLETION:
a. It is hereby understood and mutually agreed by and between parties hereto that the time of
completion is an essential condition of this Contract, time being of the essence.
b. Consultant shall commence work per the written Notice to Proceed, and all work shall be
completed on or before December 31, 2015, as further described in Exhibit "C".
C. If the work is not fully completed according to the terms of the Contract and within the time
limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of
ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated damages, a sum of
one hundred dollars ($100.00) per day for each day following the required completion date, until the date upon
which actual completion occurs.
d. The period herein above specified for project completion may be extended by such time as shall
be approved by the County Administrator or designee, or the Contract may be cancelled by the County
Administrator with the County invoking all rights and remedies thereof.
e. Where any deductions from or forfeitures of payment in connection with the work of this
Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract,
State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due
or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment
in such amount.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of
which shall be considered an original on the following dates.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO FORM AND CORRECTNESS:
COUNTY ATTORNEY
WITNESSES: KIMLEY-HORN AND ASSOCIATES, INC.
BY:
Print Name:
Title:
Page 2 of 2
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8.G.2.a
Kimley>>>Horn
September 1, 2015
Michael Powley, P.E.
County Engineer
St. Lucie County Public Works
2300 Virginia Ave.
Ft. Pierce, FL 34982
RE: Kings Highway / Indrio Road Intersection Improvements
Amendment No. 4 to Contract 07-07-385
Dear Mr. Powley:
We are pleased to submit to you this amendment associated with the Kings Highway
and Indrio Road intersection improvements. This amendment is needed to adjust/
remove scope of services that have been determined to no longer be required to
satisfy the requirements of the COUNTY and/ or the Florida Department of
Transportation (FDOT). In addition, a permit application fee task has been added
that enables the ENGINEER to pay permit application and review fee costs directly
to the respective review agency.
We appreciate this opportunity to work with St. Lucie County and look forward to
moving design of this project to completion. Should you have any questions, please
feel free to contact me at 772-794-4083.
Sincerely,
KIMLEY-HQRN AND ASSOCIATES, INC.
Brian A. Good, P.E.
Senior Vice President
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8.G.2.a
Kimley=>>Horn
EXHIBIT A
PROJECT DESCRIPTION AND SCOPE
SECTION I - PROJECT LIMITS AND DESCRIPTION
Amendment No. 4
Page 2of6
This amendment is needed to adjust/ remove scope of services that have been
determined to no longer be required to satisfy the requirements of the COUNTY and/
or the Florida Department of Transportation (FDOT).
SECTION II - COUNTY OBLIGATIONS
The COUNTY agrees to provide (in a timely manner) the following material, data, or
services as required in connection with the work to be performed under this
Agreement; all of which information the ENGINEER may use and reasonably rely
upon:
G. The COUNTY will pay for all permit fees, unless specifically identified to be paid
by the ENGINEER.
SECTION III - SCOPE OF SERVICES
The ENGINEER agrees to perform professional roadway design and related
services in connection with the project as required and set forth in the following:
J. Landscape Analvsis and Plans:
The ENGINEER shall develop Landscape Plans for each Kings Highway and
Indrio Road to delineate proposed planting types, scheme development and
associated preliminary costs. A conceptual design shall be prepared upon
receiving written authorization from the COUNTY to proceed with these activities.
The conceptual design shall include identification of opportunities and constraints
associated with the project based on existing site conditions. Summary of
analysis, if required, will be included with the conceptual design.
Final design shall include identifying the species/type, size, location, spacing and
quality of all plants. The ENGINEER shall include a written or graphic guide for
care and maintenance associated with the plant material after the warranty
period. The maintenance plan will be developed in coordination with the FDOT
• I Packet Pg. 349
8.G.2.a
Kimley=>>Horn
Amendment No. 4
Page 3of6
who will assume maintenance obligation. The Landscape Plans will be
developed so as to not require an automated irrigation system. The proposed
landscape improvements have been reduced in scope to be consistent with
the current FDOT landscape enhancement policies. The ENGINEER will
proceed with developing Landscape Plans upon receiving written
authorization by the COUNTY.
K. Liahtina Desian and Plans:
The ENGINEER shall analyze and document Lighting Tasks in accordance with
all applicable manuals, guidelines, standards, handbooks, procedures, and
current design memorandums.
Lighting Justification Report
The Department has requested that the intersection project be
evaluated to determine if roadway lighting is merited based upon the
warrants for roadway lighting established by the American Association
of State Highway and Transportation Officials (AASHTO). The
warrants outline specific conditions for lighting of streets and highways.
The warrants are based on Average Daily Traffic (ADT), the ratio of
night to day crashes, local government participation in the cost, and
other factors.
The report shall address warrants to determine if lighting warrants are
met, and shall include a benefit -cost analysis to determine if lighting is
justified. The report shall include calculations for the night -to -day crash
ratio as well as a table summarizing the day -time and the night-time
crashes. The report shall follow the procedures outlined in the FDOT
Manual on Uniform Traffic Studies (MUTS) manual which utilize ADT,
Three Year Crash Data, night/day crash ratio, percentage of night
ADT, etc.
The Lighting Justification Report has been prepared by the ENGINEER and
submitted to the COUNTY and FDOT. FDOT has concurred that roadway
lighting is not warranted along either Kings Highway or Indrio Road, within
the project limits, with the exception of lighting the Kings Highway/ Indrio
Road intersection to improve motorist safety. As a result of roadway
lighting not being warranted along either corridor the funds available to
perform this design task are no longer required.
• I Packet Pg. 350
8.G.2.a
Kimle ))Horn Amendment No Page 4of6
L. Public Involvement:
A public involvement meeting associated with the project was held on January
29, 2014. The public officials, citizens and special interest groups were invited to
review and provide comment relative to the proposed intersection improvements.
As no additional public involvement meetings are anticipated to be
required by either the COUNTY or FDOT, the remaining funds associated
with this task are no longer required.
N. Permit Application Fees:
The ENGINEER will pay the South Florida Water Management District
(SFWMD) Environmental Resource Permit (ERP) application fee of $4,500 to
support the application submitted to the SFWMD on behalf of the COUNTY
and the FDOT.
The Engineer will pay the Florida Department of Environmental Protection
(FDEP) General Permit for Construction of Water Main Extension
application fee of $650 to support the application submitted to FDEP on
behalf of the COUNTY and FDOT.
• I Packet Pg. 351
8.G.2.a
Kimley=>>Horn
EXHIBIT B
COMPENSATION
Amendment No. 4
Page 5of6
The COUNTY agrees to pay and the ENGINEER agrees to accept for services
rendered pursuant to fees in accordance with the following:
A. Professional Services Fee: The basic compensation mutually agreed upon by
the ENGINEER and the COUNTY follows:
Hourly Not -to -Exceed Tasks
Task Description
Original Fee
Revised Fee
Landscape Analysis and Plans
Kings Highway
$ 26,082
$ 23,533
Indrio Road
$ 17,388
$ 14,825
Lighting Design and Plans
$ 74,038
$ 4,500
Public Involvement
$ 12,500
$ 0
Permit Application Fees
$ 0
$ 5,150
Task Fee Totals
$130,008
$48,008
Net Change in Grand Total (-) $ 82,000
• I Packet Pg. 352
8.G.2.a
Kimley=>>Horn
EXHIBIT C
SCHEDULE
Amendment No. 4
Page 6 of 6
Upon authorization to proceed by the COUNTY, final design documents are
expected to take approximately three (3) months from the Notice to Proceed (NTP).
SECTION IV - TIME FOR COMPLETION
NTP
Final Design Drawings (Production Package)
Upon BOCC Approval
3 months followina NTP
All work shall be completed on or before December 31, 2015
• I ,Packet Pg. 353
8.G.2.b
Wetlands Mitigation Credit Sales Agreement
This Agreement is between Bluefield Ranch Mitigation Bank ("BRMB") and St. Lucie
County, Florida ("Buyer").
WHEREAS, Buyer is engaged in a road project known as King's Highway and Indrio Road
Improvements in St. Lucie County, Florida; and
WHEREAS, as part of the permitting process, the South Florida Water Management
District ("SFWMD") and the US Army Corps of Engineers ("Corps") have imposed or will
impose a requirement on Buyer, as a condition to granting Buyer its permits, that certain
mitigation efforts be undertaken with respect to impacted wetlands and that mitigation
credits may be purchased from BRMB to satisfy the wetland mitigation requirements of
those permits; and
WHEREAS, SFWMD has concluded that six -tenths of one (0.6) of BRMB's forested
wetland mitigation credits will be required of Buyer pursuant to its SFWMD Environmental
Resource Permit Application # 150323-4; and
WHEREAS, Corps has concluded that six -tenths of one (0.6) of BRMB's forested wetland
mitigation credits will be required of Buyer pursuant to its Permit # SAJ-2015-00893 (SP-
AAZ); and
WHEREAS, BRMB is a mitigation bank with forested credits acceptable to SFWMD and
available for sale to Buyer pursuant to BRMB's SFWMD Permit # 56-00002-M, and
WHEREAS, BRMB is a mitigation bank with forested credits acceptable to Corps and 2
available for sale to Buyer pursuant to BRMB's Corps Permit # 200002935 (IP-TA);
Cn
on
N
NOW, THEREFORE, in consideration of the mutual covenants herein and good and o
valuable consideration, the receipt and sufficiency of which are hereby expressly
acknowledged, it is agreed that:
1. BRMB hereby will sell to Buyer and Buyer will purchase from BRMB six -tenths of one
(0.6) forested wetland mitigation credit applicable to the Buyer's SFWMD Application and
Permit and six -tenths of one (0.6) forested wetland mitigation credit applicable to the
Buyer's Corps Application and Permit for Buyer's exclusive use only at the above -
mentioned project, under the terms and conditions contained herein.
2. Buyer shall execute this Agreement, shall return it to BRMB and shall pay to BRMB a
total of seventy-two thousand dollars ($72,000) no later than October 30, 2015.
3. BRMB has notified SFWMD that Buyer has reserved the referenced 0.6 state forested
credit. When Buyer has complied fully with Paragraph 2 above, BRMB will notify SFWMD
and Corps that Buyer has completed its purchase of six -tenths of one (0.6) forested credit
and that those fractional credits should be removed from BRMB's state and federal credit
ledgers, respectively, and permanently associated with Buyer's state and federal Permits.
Packet Pg. 354
8.G.2.b
4. If Buyer does not comply with Paragraph 2 above, BRMB's offer to sell credits to Buyer
is withdrawn and BRMB is under no further obligation to Buyer.
5. If Buyer complies with all the terms of this Agreement, the purchased credits shall be
conveyed by BRMB to Buyer free and clear of any and all liens, encumbrances and
restrictions on or to Buyer.
6. Buyer shall not sell or otherwise transfer the credits without the written consent of
BRMB.
7. Buyer is responsible for, and will pay, any applicable state sales tax, documentary
stamps or other costs or taxes associated with the transfer of these credits under laws now
in effect or later enacted which would apply to this transaction. BRMB is responsible for its
own income taxes, if any, associated with this transaction.
8. If any suit or action shall be instituted to enforce or to interpret this Agreement, the
prevailing party shall be entitled to recover from the non -prevailing party all costs and
reasonable attorneys' fees and costs incurred in any trial, post judgement or appellate
proceedings. Venue for any such action shall be in St. Lucie County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement below:
SELLER
a
David Mcli tosh,
Bluefield Ra d
Date
ation Bank
gation Bank Trust
BUYER
St. Lucie County, Florida
Authorized signature
Printed/typed name
Title
Date
r
O�
M
Packet Pg. 355
8.G.3
ITEM NO. RES-2015-172
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Barbara Guettler, MSBU Project Manager
MSBU Program
DATE: 09/15/2015
*CONSENT AGENDA\PUBLIC
WORKS
Resolution - Parkland Municipal Services Benefit Unit (MSBU)
In 2013, the County mailed ballots to property owners in the Parkland Boulevard area to determine the
level of support in creating a Municipal Services Benefit Unit ("MSBU") to fund the cost of constructing
potable water and fire protection improvements in their neighborhood. The returned ballots indicated
that 54% of the property owners supported the imposition of assessments to fund the project.
August 2014, affected property owners were notified by mail of their maximum estimated assessment
amount. On September 11, 2014 an informational meeting was held with County staff, FPUA staff and
property owners to discuss the MSBU process, project design, project cost, and annexation issues. During
this meeting several property owners voiced concerns over the 33 ballots that were not returned to the
County. Therefore, the MSBU process was delayed while property owners (both in favor and against
creating the MSBU) collected ballots from all but three of the remaining property owners. The returned
ballots still indicate that 54% of the property owners support the imposition of assessments to fund the
project.
The proposed MSBU is located within the utility service area of Ft. Pierce Utilities Authority (FPUA). FPUA
has agreed to design, permit, and bid the project and to provide construction management and inspection
services at no cost to the owners of assessed property. FPUA has also agreed to contribute up to $68,000
towards the Project to offset the Capital Improvement Charges imposed by FPUA. An Interlocal
agreement, as drafted by the County, has been approved by FPUA and the City of Ft. Pierce (Appendix B
to the Resolution).
The attached Resolution constitutes an Initial Assessment Resolution as required by the County's
Assessment Ordinance. The purpose of the Resolution is to describe the property to be located within the
Parkland MSBU, provide for the imposition of special assessments therein, estimate the cost to be funded
Packet Pg. 356
8.G.3
through special assessments, establish the method of apportioning the special assessment among
affected real property, direct the assessment coordinator to prepare a preliminary assessment roll,
approve the interlocal agreement with FPUA and the City of Ft. Pierce, authorize and direct staff to take
such actions as may be necessary in furtherance of the project and the financing of the cost thereof
through special assessments, establish a public hearing to consider imposition of the proposed
assessments and provide an effective date.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funding is available in the MSBU advertising account 101001-4115-549000-400
RECOMMENDATION:
Staff recommends Board approval of the Parkland MSBU Initial Assessment Resolution and authorization
for the Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
xn. W-a"'
Jwhael Powley, County Enginee 9/2/2015
ianie/S. McIntyre, C my ttorney 9/3/2015
r
4aulakwis, District No. 3, Chair 9/15/2015
Updated: 9/10/2015 10:59 AM by Donna Calise Page 2
Packet Pg. 357
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
PARKLAND MUNICIPAL SERVICES BENEFIT UNIT
INITIAL ASSESSMENT RESOLUTION
ADOPTED SEPTEMBER 15, 2015
Packet Pg. 358
TABLE OF CONTENTS
PAGE
ARTICLE I
INTRODUCTION
SECTION1.01. AUTHORITY.................................................................................................. 2
SECTION 1.02. DEFINITIONS................................................................................................ 2
SECTION 1.03. INTERPRETATION....................................................................................... 4
SECTION 1.04. FINDINGS...................................................................................................... 5
ARTICLE II
NOTICE AND PUBLIC HEARING s
m
SECTION 2.01.
ESTIMATED PROJECT COST.....................................................................
7
SECTION 2.02.
AUTHORITY AND DIRECTION
L
SECTION 2.03.
PUBLIC HEARING........................................................................................
9
Cu
a
ARTICLE III
N
ti
r
ASSESSMENTS
o
N
W
SECTION 3.01.
MUNICIPAL SERVICES BENEFIT UNIT
SECTION 3.02.
UTILITY SERVICE PROVIDER
SECTION 3.03.
IMPOSITION OF ASSESSMENTS............................................................11
SECTION 3.04.
APPORTIONMENT APPROACH
c
SECTION 3.05.
APPLICATION OF ASSESSMENT PROCEEDS.....................................13
Cu
SECTION 3.06.
COLLECTION OF ASSESSMENTS...........................................................13
r
r-
d
E
ARTICLE IV
Q
GENERAL PROVISIONS
SECTION 4.01. CONFLICTS...................................................................................................14
SECTION 4.02. SEVERABILITY.............................................................................................14
SECTION 4.03. EFFECTIVE DATE........................................................................................15
APPENDIX A PARKLAND MSBU LEGAL DESCRIPTION
APPENDIX B INTERLOCAL AGREEMENT - FPUA
Packet Pg. 359
Initial Assessment Resolution
RESOLUTION NO. 2015-
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS RELATING TO THE
IMPOSITION AND COLLECTION OF SPECIAL
ASSESSMENTS TO FUND POTABLE WATER AND FIRE
PROTECTION IMPROVEMENTS TO PROPERTIES
WITHIN THE PROPOSED PARKLAND MUNICIPAL
SERVICES BENEFIT UNIT; DESCRIBING THE PROPERTY
TO BE LOCATED WITHIN THE PARKLAND MUNICIPAL
SERVICES BENEFIT UNIT; PROVIDING FOR THE
IMPOSITION OF SPECIAL ASSESSMENTS THEREIN;
ESTIMATING THE PROJECT COST TO BE FUNDED
THROUGH SPECIAL ASSESSMENTS; ESTABLISHING
THE METHOD OF APPORTIONING THE SPECIAL
ASSESSMENT AMONG AFFECTED REAL PROPERTY;
DIRECTING THE ASSESSMENT COORDINATOR TO
PREPARE A PRELIMINARY ASSESSMENT ROLL;
APPROVING THE INTERLOCAL AGREEMENT WITH
FORT PIERCE UTILITIES AUTHORITY AND THE CITY OF
FORT PIERCE; AUTHORIZING AND DIRECTING STAFF
TO TAKE SUCH ACTIONS AS MAY BE NECESSARY IN
FURTHERANCE OF SUCH PROJECT AND THE
FINANCING OF THE COST THEREOF THROUGH
SPECIAL ASSESSMENTS; ESTABLISHING A PUBLIC
HEARING TO CONSIDER IMPOSITION OF THE
PROPOSED ASSESSMENTS; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE
COUNTY AS ;FOLLOWS:
1
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Initial Assessment Resolution
ARTICLE I
INTRODUCTION
SECTION 1.01. AUTHORITY. This Resolution of the St. Lucie County Board of
County Commissioners (the "Board") is adopted pursuant to the provisions of Chapter
40 Article IV of the County Code of Ordinances, sections 125.66,197.3632, and 197.3635 of
the Florida Statute, and other applicable provisions of law.
SECTION 1.02. DEFINITIONS. This Resolution constitutes an Initial
Assessment Resolution within the meaning of the Assessment Ordinance. All capitalized
words and terms not otherwise defined herein shall have the meaning set forth in the
Assessment Ordinance. As used in this Resolution, the following terms shall have the
following meanings, unless the context hereof otherwise requires.
"Assessed Cost" means the costs of the Project to be funded through the imposition
of Assessments against Assessed Property, an estimate of which is included in Section 2.01
hereof.
"Assessed Property" means all parcels of real property included in the Assessment
Roll that receive a special benefit from the Project.
"Assessment Coordinator" means the chief administrative officer of the County, or
such person's designee responsible for coordinating calculation and collection of
Assessments as provided herein.
2
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Initial Assessment Resolution
"Assessment Ordinance" means Chapter 40 Article IV of the County Code of
Ordinances as may be amended from time to time.
"Assessment Roll" means the special assessment roll created pursuant to Chapter 40
Article IV of the Assessment Ordinance and described in Section 2.02 (A) hereof.
"Assessment" means a special assessment (sometimes characterized as a non -ad
valorem assessment) levied by the Board to fund the costs of providing municipal services
and facilities.
"Board" means the board of county commissioners of St. Lucie County, Florida.
"Clerk" means the clerk of St. Lucie County.
"Collection Costs" means costs incurred by the Board in the annual collection and
administration of the Assessments, including but not limited to fees imposed by the
Property Appraiser and Tax Collector and amounts necessary to account for statutory
discounts for the early payment of property taxes and non -ad valorem assessments.
"County" means St. Lucie County, Florida.
"Equivalent Residential Connection" or "ERC" the equivalency unit attributed to
parcels within the Parkland MSBU to approximate the relative benefit conveyed to such
parcels.
"Fiscal Year" means the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may be
prescribed by law as the fiscal year for the County.
3
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Initial Assessment Resolution
"Parkland MSBU" means the proposed Parkland Municipal Services Benefit Unit, as
described in Section 3.01 hereof.
"Parcel" means a parcel of property to which the St. Lucie County Property
Appraiser has assigned a distinct ad valorem property tax identification number.
"Petitions" means written petitions or straw ballots summited to the Board by
affected parcel owners pursuant to Chapter 40, Article IV of the Assessment Ordinance.
"Project" means the potable water and fire protection improvements contemplated
hereunder which will specially benefit Assessed Property within the Parkland MSBU.
"Tax Roll" means the real property ad valorem tax roll maintained by the Property
Appraiser for the purpose of the levy and collection of ad valorem taxes.
"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.
SECTION 1.03. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number, and vice versa; the terms
"hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution;
and the term "hereafter" means after, and the term "heretofore" means before, the effective
date of this Resolution. Words of any gender include the correlative words of the other
gender, unless the sense indicates otherwise.
0
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Initial Assessment Resolution
SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared
that:
(A) St. Lucie County (the "County") and Ft. Pierce Utilities Authority have
collaborated in extensive preliminary undertakings related to the design, construction, and
acquisition of the potable water and fire protection improvements comprising the Project,
including but not limited to conducting engineering studies and due diligence, designing
the improvements; and, developing a cost estimate, plan of finance, and project schedule.
(B) The plan of finance for the Project involves the levy and collection of
Assessments on parcels within the Parkland MSBU pursuant to the Assessment Ordinance
and the Uniform Assessment Collection Act.
(C) Preliminary Petitions submitted to the County indicate that 55% of the
affected parcel owners support the imposition of Assessments to fund the Project.
(D) The Board is authorized by the Uniform Assessment Collection Act to levy
and collect Assessments, and the Assessment Ordinance established a procedure for the
levy and collection of Assessments by the Board for the purpose of providing essential
facilities and services such as the Project.
(E) The Project will convey special benefits to Parcels within the Parkland MSBU
including but not limited to: access to a centralized, publicly owned and operated water
utility system which will provide an increase in market valuation, enhanced
development/re-development potential, availability of water treated to comply with
5
Packet Pg. 364
Initial Assessment Resolution
regulatory drinking water standards, and heightened use, marketability, enjoyment and
value of the real property specially benefitted by the Project. The improvements comprising
the Project are designed to meet the capacity requirements of the specially benefiting
properties within the Parkland MSBU; hence, 100 percent of the costs are associated with
providing special benefit.
(F) The apportionment of Assessments based upon the Equivalent Residential
Connection system described in Section 3.04 hereof is a fair and reasonable method for
apportioning the costs of the Project and the special benefit conveyed thereby among
Assessed Property, and bears a reasonable relationship to the cost of providing the Project.
(G) The Board hereby finds and determines that the Assessments to be imposed
in accordance with this Initial Assessment Resolution provide a proper and equitable
method of funding the Project by fairly and reasonably apportioning the costs thereof
among specially benefitted property.
[Remainder of page intentionally left blank]
I
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Initial Assessment Resolution
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED PROJECT COST.
(A) The estimated maximum Assessed Cost of the Project is $430,041.55.
(B) Unless determined otherwise by subsequent resolution of the Board, the
Assessed Cost will be collected, together with Collection Costs, pursuant to the Uniform
Assessment Collection Act in not more than fifteen (15) annual installments.
(C) The Assessment rates established in this Initial Assessment Resolution shall
be maximum rates applied by the Assessment Coordinator in the preparation of the
preliminary Assessment Roll as provided in Section 2.02(A) of this Initial Assessment
Resolution.
SECTION 2.02. AUTHORITY AND DIRECTION. The Assessment
Coordinator and other members of County staff are hereby authorized and directed to take
such actions as maybe necessary or desirable in furtherance of the Project, including but not
limited to the following:
(A) Prepare, or cause to be prepared, a preliminary Assessment Roll for the Fiscal
Year commencing October 1, 2016, in the manner provided in Chapter 40 Article IV of the
Assessment Ordinance. The Assessment Roll shall include all Parcels within the Parkland
MSBU. The Assessment Coordinator shall apportion the estimated Assessed Cost to be
funded through Assessments in the manner set forth in this Initial Assessment Resolution.
OAF
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Initial Assessment Resolution
A copy of this Initial Assessment Resolution and the preliminary Assessment Roll shall be
maintained on file in the office of the Assessment Coordinator and open to public
inspection. The foregoing shall not be construed to require that the preliminary
Assessment Roll be in printed form if the amount of the Assessment for each parcel of
property can be determined by the use of a computer terminal or internet access available
to the public.
(B) Finalize plans and specifications necessary for construction of the project.
(C) Prepare such additional resolutions as may be required under the Assessment
Ordinance in order to impose and collect Assessments and to provide for financing of the
Project through the issuance of Obligations secured by such assessments.
(D) Prepare such agreements by and between the Board and the St. Lucie County
Tax Collector and the St. Lucie County Property Appraiser as may be required by the
Uniform Assessment Collection Act.
(E) Implement procurement processes pertaining to construction of the Project
and issuance of Obligations to finance the Project to be paid through Assessments.
(F) Mail and publish any notices required by the Assessment Ordinance,
including mailed and published notice of the public hearing established by Section 2.03
hereof.
(G) Take such other action as may be required by the Assessment Ordinance.
Packet Pg. 367
Initial Assessment Resolution
SECTION 2.03. PUBLIC HEARING. There is hereby established a public
hearing to be held at 6:00 p.m. on October 6, 2015 in Commission Chambers, 2300 Virginia
Avenue, Fort Pierce Florida, at which time the Board will receive and consider any
comments on the Assessments from the public and affected property owners and consider
imposing the Assessments and authorizing collection pursuant to the Uniform Assessment
Collection Act. At the conclusion of the public hearing, the Board will consider adoption of
a Final Assessment Resolution as provided for in Chapter 40 Article IV of the Assessment
Ordinance.
[Remainder of page intentionally left blank.]
0
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Initial Assessment Resolution
ARTICLE III
ASSESSMENTS
SECTION 3.01. PARKLAND MUNICIPAL SERVICES BENEFIT UNIT. The
proposed Parkland MSBU is described in Appendix A attached hereto. The Project entails
the installation of approximately 5,710 linear feet of potable water mains, fire hydrants, and
individual water services to benefit parcels on Parkland Boulevard, White Oak Lane,
Chaska Street, Gardenia Street, Lenape Street, Arapahost Street, and Merry Bee Drive
SECTION 3.02. UTILITY SERVICE PROVIDER.
(A) This proposed Parkland MSBU is located within the utility service area of Ft.
Pierce Utilities Authority ("FPUA"). Upon completion of the Project, FPUA will provide
potable water service to the Parcels comprising the Parkland MSBU. FPUA has agreed to
design, permit, and bid the Project and to provide construction management and inspection
services at no cost to the owners of Assessed Property. FPUA has also agreed to contribute
up to $62,594.00 towards the Project to offset the Capital Improvement Charges imposed by
FPUA upon new connections to the FPUA utility system.
(B) An interlocal agreement, as drafted by the County, has been approved by
FPUA and the City of Ft. Pierce. This agreement establishes the duties of each party in
bringing the Project to fruition and is attached hereto as Appendix B.
(C) The Board hereby approves the attached Interlocal Agreement and authorizes
the Chair to execute same with such modifications, if any, as may be approved by the
10
Packet Pg. 369
Initial Assessment Resolution
County Attorney, with such execution to constitute conclusive evidence of the Chair's
approval and the Board's approval of any changes therein.
SECTION 3.03. IMPOSITION OF ASSESSMENTS. Assessments shall be
imposed against Assessed Property located within the Parkland MSBU, the annual amount
of which shall be computed for each Parcel in accordance with this Article I11. When
imposed, the Assessment for each Fiscal Year shall constitute a lien upon Assessed
Property as provided in the Assessment Ordinance. Such lien shall be equal in rank and
dignity with the liens of all state, county or municipal taxes and other non -ad valorem
assessments, and except as otherwise provided by law, shall be superior in dignity to all
other liens, titles and claims, until paid.
SECTION 3.04. APPORTIONMENT APPROACH.
(A) The traditional unit employed by the County for apportioning the cost of
potable water systems is the assignment of ERCs as described below. Such ERC-based
apportionment methodology is in widespread use throughout the state and is hereby
approved and adopted as the apportionment method for the Parkland MSBU Assessments.
(B) The Parkland MSBU is substantially composed of similarly sized platted
single family residential lots which allows for a relatively high level of certainty in the
design and sizing of the potable water and fire protection improvements required to serve
the Parcels therein, regardless of the size of single family dwelling units located on or built
thereon. Accordingly, it is fair and reasonable to use an ERC method for computing the
11
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Initial Assessment Resolution
Parkland MSBU Assessments based upon assigning one (1) Equivalent Residential
Connection for each single family dwelling unit or subdivided residential building lot
capable of development with a single family dwelling, regardless of the size of the dwelling
unit or lot.
(C) Because of the predominantly residential nature of the Parkland MSBU, the
ERC system described herein does not include commercial use as an apportionment factor.
(D) There are currently sixty-eight (68) Parcels within the Parkland MSBU, all of
which, are currently developed or capable of being developed with at least one (1) single
family dwelling unit.
(E) Typically, each single family residential lot is attributed one (1) ERC for
purposes of calculating the Assessments. However, maximum flexibility is afforded to
owners of Parcels in terms of the numbers of ERCs they reserve, consistent with legal
requirements for implementation of a municipal service benefit unit and the related
financing.
(F) Owners of parcels which are subject to multiple ERCs were given the
opportunity to enter into a Restrictive Covenant Agreement, thereby restricting future
development of their property to some lower density resulting in a lower number of ERCs
being assigned to their property.
12
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Initial Assessment Resolution
(G) The final number of ERCs assigned to each parcel is based on the maximum
ERCs estimated for the Parcel unless the owner reserved a different number of ERCs in an
executed Restrictive Covenant Agreement.
(H) The estimated assessment amount per ERC is $6,727.81. This amount
represents the maximum estimated project cost, tax collector fees, and amounts as
necessary to account for statutory early payment discounts. The estimated annual
assessment amount per ERC is $648.17. The annual installments are computed to be
sufficient to pay the annual debt service on the special assessment bonds issued to finance
the improvements and/or any interfund loan provided by the County for purposes of
financing the improvements.
(I) It is hereby ascertained, determined, and declared that the method of
determining the Assessments as set forth in this Initial Assessment Resolution is a fair and
reasonable method of apportioning the Assessed Cost among Assessed Property.
SECTION 3.05. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds
derived by the County from the Assessments shall be utilized solely to pay for costs
associated with the Project which may include repayment of Obligations issued for the
purpose of financing the Assessed Cost.
SECTION 3.06. COLLECTION OF ASSESSMENTS. Assessments shall be
collected, together with Collection Costs, pursuant to the Uniform Assessment Collection
Act unless otherwise determined by subsequent resolution of the Board.
13
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Initial Assessment Resolution
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4.02. SEVERABILITY. If any provision of this Resolution or the
application thereof to any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of this Resolution that can be given effect without the
invalid provision or application, and to this end the provisions of this Resolution are
declared to be severable.
[Remainder of page intentionally left blank]
14
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Initial Assessment Resolution
SECTION 4.03. EFFECTIVE DATE. This Initial Assessment Resolution shall
take effect immediately upon its passage and adoption.
follows:
AFTER MOTION AND SECOND, the vote on this Resolution was as
Chair Paula A. Lewis
Vise Chair Kim Johnson
Commissioner Tod Mowery
Commissioner Chris Dzadovsky
Commissioner Frannie Hutchinson
PASSED AND DULY ADOPTED this 15th day of September, 2015.
ATTEST:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
15
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
Packet Pg. 374
Initial Assessment Resolution
APPENDIX A
DESCRIPTION OF
PARKLAND MUNICIPAL SERVICES BENEFIT UNIT
A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST,
ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 15 OF SILVER OAK ESTATES, AS
RECORDED IN PLAT BOOK 20, PAGE 8 OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA; THENCE WEST ALONG THE SOUTH LINE OF SAID SILVER OAK
ESTATES, A DISTANCE OF 1159.16' TO THE SOUTHWEST CORNER OF LOT 5 OF SAID
SILVER OAK ESTATES; THENCE NORTH ALONG THE WEST LINE OF SAID SILVER
OAK ESTATES A DISTANCE OF 495' TO THE NORTHWEST CORNER OF SAID SILVER
OAK ESTATES; THENCE WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH
LINE OF BLOCK 20 OF RIVERDALE YACHT CLUB ESTATES, UNIT TWO, AS
RECORDED IN PLAT BOOK 6 AT PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MERRY
BEE DRIVE; THENCE NORTHWESTERLY ALONG SAID WEST RIGHT-OF-WAY LINE
TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF PARKLAND BOULEVARD
EXTENSION (50' RIGHT-OF-WAY), SAID POINT ALSO BEING THE SOUTHEAST
CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORB BOOK 1718 AT PAGE 1179
OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE WEST
ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 275' MORE OR LESS TO
THE APPROXIMATE MEAN HIGH WATER LINE OF THE NORTH FORK OF THE ST.
LUCIE RIVER; THENCE MEANDER NORTHERLY ALONG SAID APPROXIMATE MEAN
HIGH WATER LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF LOT
10, BLOCK 12 OF RIVERDALE YACHT CLUB ESTATES UNIT 2 AS RECORDED IN
PLAT BOOK 6 AT PAGE 40; THENCE EAST ALONG THE NORTH LINE OF SAID
RIVERDALE YACHT CLUB ESTATES UNIT 2 TO THE NORTHEAST CORNER OF LOT
6, BLOCK 8; THENCE SOUTH ALONG THE EAST LINE OF LOTS 6 AND 7 A DISTANCE
OF 60'; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 6, BLOCK 8
A DISTANCE OF 125' TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF LENAPE
STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF
60' TO A POINT ON THE NORTH LINE OF RIVERDALE YACHT CLUB ESTATES UNIT
2; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF LOT
6, BLOCK 2 OF RIVERDALE YACHT CLUB ESTATES UNIT 2; THENCE SOUTH ALONG
THE EAST LINE OF LOTS 6 THROUGH 15, BLOCK 2 AND THE SOUTHERLY
EXTENSION THEREOF TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
PARKLAND BOULEVARD (80' RIGHT-OF-WAY); THENCE EAST ALONG SAID RIGHT-
OF-WAY LINE A DISTANCE OF 25' TO THE NORTHEAST CORNER OF LOT 3, BLOCK
23; THENCE CONTINUE EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF
Packet Pg. 375
Initial Assessment Resolution
16.67'; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF LOT 3, BLOCK 23
A DISTANCE OF 125' TO A POINT ON THE SOUTH LINE OF SAID BLOCK 23; THENCE
WEST ALONG THE SOUTH LINE OF SAID BLOCK 23 A DISTANCE OF 166.66' TO THE
SOUTHWEST CORNER OF LOT 5, BLOCK 23; THENCE SOUTH ON THE SOUTHERLY
EXTENSION OF THE WEST LINE OF SAID LOT 5, BLOCK 23 A DISTANCE OF 165';
THENCE EAST 15% THENCE SOUTH 30% THENCE WEST 10% THENCE SOUTH 22.54'
TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WHITE OAK LANE; SAID
POINT BEING ON A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 25%
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 42" 50' A DISTANCE OF 18.68' TO THE POINT OF REVERSE CURVATURE
OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 50': THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 2060 05' 24" A DISTANCE OF 179.79' TO THE NORTHEAST CORNER OF LOT 15 OF
SILVER OAK ESTATES AS RECORDED IN PLAT BOOK 20 AT PAGE 8; THENCE
SOUTHEASTERLY ALONG THE EAST LINE OF SAID LOT 15 A DISTANCE OF 208.42,
TO THE POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED
IN OFFICIAL RECORD BOOK 247 AT PAGE 1072 OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA.
"BEGIN AT THE NORTHEAST CORNER OF LOT 10, BLOCK 12, RIVERDALE YACHT
CLUB ESTATES UNIT 2, AS RECORDED IN PLAT BOOK 6, PAGE 40, ST. LUCIE
COUNTY, FLORIDA, RUN WEST ALONG THE NORTH LINE OF SAID LOT 105 154.30',
THENCE ON AN ANGLE OF 900 05' AS MEASURED FROM EAST TO NORTH RUN
NORTH 91', THENCE ON AN ANGLE OF 68° 44'20" AS MEASURED FROM SOUTH TO
EAST RUN SOUTHEASTERLY 159.60' TO THE WESTERLY LINE OF MERRY BEE
DRIVE IF EXTENDED NORTH, THENCE RUN SOUTHEASTERLY 34' TO THE POINT OF
F8091TITONFUTM
LESS AND EXCEPT THE PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORD
BOOK 1961, PAGE 2878; AND LESS AND EXCEPT ALL ROAD RIGHT--OF-WAYS OF
RECORD.
PREPARED: September 28, 2012
Packet Pg. 376
Initial Assessment Resolution
APPENDIX S
Interlocal Agreement
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INTERLOCAL AGREEMENT
PARKLAND MSBU
THIS AGREEMENT made and entered into this day of
2014, by and between St. Lucie County, a political
subdivision of the State of Florida (the "County"), Fort Pierce
Utilities Authority, an authority created and established by the City
Commission of the City of Fort Pierce, Florida, ("FPUA") and the City
of Fort Pierce, a municipality organized under the laws of the State
of Florida (the "City").
WHEREAS, FPUA is the governing body authorized to enter into
agreements relating to providing service from the potable water
supply of the City; and,
WHEREAS, the County intends to create the Parkland
municipal services benefit unit (the "Parkland MSBU") to fund
the cost of providing potable water to the Parkland area in
unincorporated St. Lucie County. A description of the boundaries
of the real property within the proposed MSBU is attached hereto
and made a part hereof as Exhibit "A". A list of the current
parcel numbers within the proposed MSBU is attached hereto and
made a part hereof as Exhibit "B"; and,
WHEREAS, The Parkland MSBU is located within the boundaries
of FPUA's Utility Service Area; and,
WHEREAS, the parties believe that it is in their mutual best
interest to cooperate in providing potable water to Parkland.
NOW, THEREFORE, FPUA, the City, and the County hereby agree
and covenant on the terms and conditions hereinafter stated:
1. GENERAL. This Agreement is entered into pursuant to
Section 163.01, Florida Statutes, the Florida Interlocal
Cooperation Act. This Agreement embodies the whole understanding
of the parties. There are no promises, terms, conditions, or
obligations other than those contained therein, and this
Agreement shall supersede all previous telecommunications,
representations, or agreements, either verbal or written,
between the parties hereto.
2. FPUA RESPONSIBILITIES. FPUA's responsibilities under
this Agreement are as follows:
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a. FPUA shall design and install or cause to be
designed and installed a system including all pipes, services,
mains and appurtenances thereto (the "System") necessary to
provide potable water to the Parkland area. The design and
installation of the System shall be done in accordance with all
applicable, standard FPUA policies and procedures. The County
reserves the right to review and approve the utilities plans and
bid documents before inclusion in the bid package.
b. If easements are required, FPUA shall attempt to
obtain all necessary easements for installation and maintenance of
the System. FPUA shall not be required, however, to condemn any
such easements or expend funds for acquisition of same. If
appropriate easements satisfactory to FPUA are not obtained,
FPUA shall have no further obligation under this Agreement.
C. FPUA shall administer a project to install the
System to include but not limited to awarding the contract for
design, construction, and inspection during construction, shop
drawing approvals, change order approvals, project certification,
and production of record drawings.
d. Upon completion of the System and acceptance of
ownership of the System by FPUA, FPUA shall be responsible for
the operation and maintenance of the System.
e. Prior to the public hearing to be held by the
St. Lucie County Board of County Commissioners pursuant to Section
1-13.6-7 of the St. Lucie County Code of Ordinances to adopt a
preliminary assessment roll for the Parkland MSBU, FPUA shall
provide an itemized final estimated cost (the "Final Estimated
Cost") for the installation of the System to the County. The Final
Estimated Cost shall include the cost of testing, permits,
surveying, legal, design, construction, contingencies allowance,
construction administration, certification, record drawings, and
acquisition of easements for the installation of the System and
shall be subject to the approval of the County. Any unexpected
costs incurred during the construction and installation of the
System beyond the Final Estimated Cost shall be the responsibility
of FPUA.
f. If the County does not levy a special non -ad
valorem assessment as described below, FPUA shall be responsible
for the cost of all design or other work done by FPUA related to
the System. The County shall use its best efforts to notify FPUA
as soon as possible of any decision not to levy an assessment.
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g. FPUA shall make a monetary contribution of
$68,117 towards the construction cost of the project.
3. COUNTY RESPONSIBILITIES. In the event the County
determines at a public hearing to create a MSBU and to levy a
non -ad valorem special assessment, the County's responsibilities
under this Agreement are as follows:
a. The Board of County Commissioners of St. Lucie
County, Florida shall act as the governing body of the Parkland
MSBU and shall levy a non -ad valorem special assessment (the
"Assessment") on the landowners within the limits of the MSBU to
fund the cost of the installation of the System as required for
connection to the FPUA water system.
b. The County shall pay to FPUA an amount not to exceed
the Final Estimated Cost for the installation of the System. All
other applicable fees and charges for connection to the FPUA water
system will be the responsibility of the landowners. The amount of
the capital improvement charge shall reflect the current FPUA charges
on the date of the submission of the Final Estimated Cost to the
County. Payment by the County to FPUA shall be within 30 working days
after the County has obtained funds from the issuance of bonds to
finance the project and after the approval of the costs by the St.
Lucie County Director of Engineering or his designee.
C. Upon the request of FPUA, the County's Property
Acquisition Division shall provide staff assistance to FPUA for
the acquisition of easements necessary for the installation and
maintenance of the System.
4. TERMINATION. Unless terminated by the mutual written
agreement of all parties, this agreement shall remain in full force
and effect until all of its terms and conditions have been met.
5. NOTICE OF CITY ANNEXATION REQUIREMENT. The following
notice is required by the City and should not be construed in any
way as an endorsement of the City's annexation policies by the
County.
As a condition precedent for connection to the FPUA water
system, FPUA requires all users to sign an annexation agreement
whereby the user consents to and requests that his or her
property be annexed into the city limits of Fort Pierce whenever
such annexation may legally occur and that FPUA will refuse to
allow connection to its water system unless and until the
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referenced annexation agreement is signed. This annexation
agreement shall be in the form utilized by FPUA, shall be
irrevocable and shall be binding on- the —heirs ----- s-u-Ices-s-c-r-s— a-nd-
assigns of all such users.
6. CONSENT TO COUNTY MSBU UPON ANNEXATION. The parties
acknowledge that if the Parkland MSBU is annexed into the City, this
will result in the existence of a St. Lucie County Municipal
Services Benefit Unit within the jurisdictional boundary of the
City. Accordingly, the City agrees that if it intends to annex the
Parkland MSBU into the City, it will include within the appropriate
annexation ordinance a statement that the City consents to the
existence of the Parkland MSBU within the boundaries of the City
pursuant to the provisions of Section 125.01(q), Florida Statutes or
other applicable law.
7. VALIDATION OF BOND AND ASSESSMENT ROLL. A condition
precedent to the effectiveness of this Agreement is the entry of a
Final Judgment (and the expiration of the appropriate appeal period)
by a court of competent jurisdiction validating the issuance of
bonds to finance the System along with the assessment roll adopted
by the Board (the "Bond Validation Proceeding"). In the event that
either a Final Judgment validating the bonds and assessment roll is
not entered or an appellate court reverses the Final Judgment, the
Agreement shall automatically terminate and the parties shall have
no further responsibilities under the Agreement including but not
limited to any payments due to FPUA by the County. Notwithstanding
the foregoing, if either a Final Judgment validating the bonds and
assessment roll is not entered or an appellate court reverses the
Final Judgment, the County reserves the right to be reimbursed by
FPUA for all outside counsel legal fees and costs incurred by the
County in the Bond Validation Proceeding as well as in any related
appeal. The County agrees to consult with FPUA concerning the
expenditure of money for outside bond counsel services related to
the Bond Validation Proceeding and further agrees that such
expenditure shall not exceed five thousand and no/100 dollars
($5000.00) without the express written consent of FPUA. The
County's right to reimbursement shall survive the termination of
this Agreement as described in this paragraph.
8. ADDITIONAL CONNECTIONS. For so long as any bonds
issued by the County to finance the System are outstanding, FPUA
shall inform the County in advance of any additional connections
to the System proposed for real property not previously included
on the assessment roll for the Parkland MSBU. The County shall
then determine whether such additional property should be assessed
a pro rata share of the costs associated with the System and the
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terms and conditions pursuant to which the Assessment will be
collected. At the County's request, FPUA shall obtain a written
consent, in a form approved by the County Attorney, from the
owners of such property which acknowledges that the property will
be assessed and included on the assessment roll for the Parkland
MSBU. Proceeds of the Assessment imposed against such property
shall be used to pay debt service on bonds issued by the County to
finance construction and acquisition of the System.
9. SYSTEM RELOCATION. If within five (5) years after
installation of the pipes, mains and appurtenances comprising the
System, the County shall require FPUA to relocate any portion
thereof, then the County shall be responsible for the costs and
expenses, and for obtaining any easements, associated with such
relocation so long as the system was installed per County Right -
of -Way permit conditions.
10. NOTICE. All notices or other communications
hereunder shall be in writing and shall be deemed duly given if
delivered in person or sent by certified mail return receipt
requested and addressed as follows:
If to County:
St. Lucie County Administrator
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
If to FPUA:
Director of Utilities
Fort Pierce Utilities Authority
P.O. Box 3191
Fort Pierce, Florida 34948
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
With a copy to:
St. Lucie County Public Works
Director
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
With a copy to:
FPUA Attorney
P.O. Box 3191
Fort Pierce, Florida 34948
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If to the City:
City Manager
City of Fort Pierce
100 North U.S. 1
Fort Pierce, Florida 34950
With a copy to:
Fort Pierce City Attorney
P.O. Box 3779
Fort Pierce, Florida 34948
11. ENTIRE AGREEMENT. This Agreement constitutes the
entire Agreement between the parties with respect to the subject
matter and supersedes all prior verbal or written agreement between
the parties with respect hereto. This Agreement may only be
amended by written document, property authorized, executed and
delivered by the parties hereto. This Agreement shall be
interpreted as a whole unit. All interpretations shall be governed
by the laws of the State of Florida.
12. FILING. This Agreement and any subsequent amendments
thereto shall be filed with the Clerk of Court of St. Lucie County
pursuant to Section 163.01(11), Florida Statutes.
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IN WITNESS WHEREOF, the parties have caused the execution
by their duly authorized officials.
ATTEST:
DEPUTY CLERK
ATTEST:
t
SECRETARY
(FPUA Seal)
ATTE
_— [ U an(
CITY LERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRPERSON
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
FORT PIERCE UTILITIES AU�THO,RITY
BY: I , AA.-
CHAIRPERSON
DATE: 7 / — /y
APPROVED AS TO FORM AND
CORRECTNESS:
ATTORNEY FOR FPUA
CITY OF FORT PIERCE
BY:
AYOR
DATE:
APPFjMED TO FORM AND
CO RECTN S:
ITY ATT
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Exhibit A
LEGAL DESCRIPTION: PARKLAND MSBU
A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST,
ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 15 OF SILVER OAK ESTATES, AS
RECORDED IN PLAT BOOK 20, PAGE 8 OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA; THENCE WEST ALONG THE SOUTH LINE OF SAID SILVER OAK
ESTATES, A DISTANCE OF 1159.16' TO THE SOUTHWEST CORNER OF LOT 5 OF
SAID SILVER OAK ESTATES; THENCE NORTH ALONG THE WEST LINE OF SAID
SILVER OAK ESTATES A DISTANCE OF 495' TO THE NORTHWEST CORNER OF SAID
SILVER OAK ESTATES; THENCE WEST ALONG THE WESTERLY EXTENSION OF THE
SOUTH LINE OF BLOCK 20 OF RIVERDALE YACHT CLUB ESTATES, UNIT TWO, AS
RECORDED IN PLAT BOOK 6 AT PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MERRY
BEE DRIVE; THENCE NORTHWESTERLY ALONG SAID WEST RIGHT-OF-WAY LINE
TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF PARKLAND BOULEVARD
EXTENSION (50' RIGHT-OF-WAY), SAID POINT ALSO BEING THE SOUTHEAST
CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORB BOOK 1718 AT PAGE 1179
OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE WEST
ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 275' MORE OR LESS TO
THE APPROXIMATE MEAN HIGH WATER LINE OF THE NORTH FORK OF THE ST.
LUCIE RIVER; THENCE MEANDER NORTHERLY ALONG SAID APPROXIMATE
MEAN HIGH WATER LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE
OF LOT 10, BLOCK 12 OF RIVERDALE YACHT CLUB ESTATES UNIT 2 AS
RECORDED IN PLAT BOOK 6 AT PAGE 40; THENCE EAST ALONG THE NORTH LINE
OF SAID RIVERDALE YACHT CLUB ESTATES UNIT 2 TO THE NORTHEAST CORNER
OF LOT 6, BLOCK 8; THENCE SOUTH ALONG THE EAST LINE OF LOTS 6 AND 7 A
DISTANCE OF 60'; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT
6, BLOCK 8 A DISTANCE OF 125' TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF LENAPE STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE A
DISTANCE OF 60' TO A POINT ON THE NORTH LINE OF RIVERDALE YACHT CLUB
ESTATES UNIT 2; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST
CORNER OF LOT 6, BLOCK 2 OF RIVERDALE YACHT CLUB ESTATES UNIT 2;
THENCE SOUTH ALONG THE EAST LINE OF LOTS 6 THROUGH 15, BLOCK 2 AND
THE SOUTHERLY EXTENSION THEREOF TO A POINT ON THE SOUTH RIGHT-OF-
WAY LINE OF PARKLAND BOULEVARD (80' RIGHT-OF-WAY); THENCE EAST
ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 25' TO THE NORTHEAST
CORNER OF LOT 3, BLOCK 23; THENCE CONTINUE EAST ALONG SAID RIGHT-OF-
WAY LINE A DISTANCE OF 16.67'; THENCE SOUTH AND PARALLEL WITH THE
EAST LINE OF LOT 3, BLOCK 23 A DISTANCE OF 125' TO A POINT ON THE SOUTH
LINE OF SAID BLOCK 23; THENC",E WEST ALONG THE SOUTH LINE OF SAID BLOCK
23 A DISTANCE OF 166.66' TO THE SOUTHWEST CORNER OF LOT 5, BLOCK 23;
THENCE SOUTH ON THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID LOT
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5, BLOCK 23 A DISTANCE OF 165% THENCE EAST 15% THENCE SOUTH 30% THENCE
WEST 10% THENCE SOUTH 22.54' TO A POINT ON THE NORTH RIGHT-OF-WAY LINE
OF WHITE OAK LANE; SAID POINT BEING ON A CURVE CONCAVE TO THE NORTH
HAVING A RADIUS OF 25 % THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 420 50' A DISTANCE OF 18.68' TO THE POINT OF
REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS
OF 50% THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 2060 05' 24" A DISTANCE OF 179.79' TO THE NORTHEAST
CORNER OF LOT 15 OF SILVER OAK ESTATES AS RECORDED IN PLAT BOOK 20 AT
PAGE 8; THENCE SOUTHEASTERLY ALONG THE EAST LINE OF SAID LOT 15 A
DISTANCE OF 208.42' TO THE POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED
IN OFFICIAL RECORD BOOK 247 AT PAGE 1072 OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA.
"BEGIN AT THE NORTHEAST CORNER OF LOT 10, BLOCK 12, RIVERDALE YACHT
CLUB ESTATES UNIT 2, AS RECORDED IN PLAT BOOK 6, PAGE 40, ST. LUCIE
COUNTY, FLORIDA, RUN WEST ALONG THE NORTH LINE OF SAID LOT 10, 154.30',
THENCE ON AN ANGLE OF 900 05' AS MEASURED FROM EAST TO NORTH RUN
NORTH 91', THENCE ON AN ANGLE OF 68° 44'20" AS MEASURED FROM SOUTH TO
EAST RUN SOUTHEASTERLY 159.60' TO THE WESTERLY LINE OF MERRY BEE
DRIVE IF EXTENDED NORTH, THENCE RUN SOUTHEASTERLY 34' TO THE POINT
OF BEGINNING."
LESS AND EXCEPT THE PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORD
BOOK 1961, PAGE 2878; AND LESS AND EXCEPT ALL ROAD RIGHT-OF-WAYS OF
RECORD.
PREPARED: September 28, 2012
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Parkland Boulevard MSBU
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Map prepared March 11, 2013
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Packet Pg. 387
Parkland IVISBU Parcel List
340970301350007
340970300610007
340970300910006
340970300110002
340970301080009
340980300060001
340970301100006
340970300760005
340970300890009
340970100040004
340970300020006
340970301120000
340980300090002
340970300570006
340970300840004
340970300260000
340970300270007
340970300480000
340970300930000
340980300030000
340980300020003
340980300100002
340943200070000
340970301210006
340943100010005
340970301020007
340970301470004
340970301240007
340970301390005
340970301190009
340970301140004
340980300070008
340970300810003
340970300360003
340970301480001
340970300680006
340970300330002
340970300460006
340970300410001
"EXHIBIT B"
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Packet Pg. 388
340970301420009
340970300310008
340970300980005
340943100010201
340943100010304
340943200030002
340970101010000
340970300050007
340970300080008
340970300290001
340970300380007
340970300430005
340970300440002
340970300510004
340970300550002
340970300590000
340970300620004
340970300660002
340970300700003
340970300720007
340970300860008
340970300880002
340970301000003
340970301170005
340970301270008
340970301290002
340970301330003
340970301370001
340980300040007
340980300050004
340980300080005
340980300110009
340980300120006
340980300130003
340980300140000
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8.H.1
ITEM NO. (ID # 3064)
TO:
PRESENTED BY:
SUBMITTED BY:
ci miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Toby Long, Director
Sheriff's Office
DATE
09/15/2015
*CONSENT AGENDA\SHERIFF'S
OFFICE
Law Enforcement Trust Impact Fees 2014-15 Request
All of these expenditures are related to the growth of the county and expansion of services to meet that
growth. The Sheriff is requesting the following disbursements from the Law Enforcement Impact Fee:
Data Storage
Due to the population growth over the last twelve years along with the explosive growth in the amount of
digital data required to be stored our current storage capacity is inadequate. In the last three years alone
we have witnessed a more than twelve fold increase in our storage requirements from 3 terabytes to 39
terabytes. The new storage will accommodate 146 terabytes of data.
Mobile Field Force Equipment
The County has experienced extensive growth in the last fourteen years. During that time no training has
been done for Mobile Field Force Training. This training is designed to teach deputies the proper way to
handle situations involving civil disorder including respecting the public's constitutional rights. During this
period of time equipment has become obsolete and the personnel involved have changed. This request
equips the team responsible for these activities.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funds are available in the Law Enforcement - Impact Fees Fund (31005-2110-591900-200).
RECOMMENDATION:
Staff recommends Board approval of the Sheriff's request, and transfer of funds in the amount of
$481,529.00.
COMMISSION ACTION:
Packet Pg. 390
8.H.1
Coordination/Signatures
n J. s ara, Sheriff 9/3/2015
i
ian]ieYS. McIntyre, C my ttorney 9/3/2015
Updated: 9/8/2015 11:25 AM by Donna Calise Page 2
Packet Pg. 391
TO:
SUBMITTED BY:
BACKGROUND:
8.H.2
ITEM NO. (ID # 3072)
DATE: 09/15/2015
AGENDA REQUEST *CONSENT AGENDA\SHERIFF'S
OFFICE
Board of County Commissioners
Toby Long, Director
Sheriff's Office
Request for Distribution from the Law Enforcement Trust (LET) Fund in the
Amount of $237,745.00 for Budget Year 2014-15
The monies will be used for additional equipment and Crime Prevention / Safe Neighborhood
expenditures.
See Attachment.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funds are available in the Law Enforcement Trust Fund (620-2110-358200 & 361100-200) accounts.
RECOMMENDATION:
Staff recommends Board approval of the Sheriff's request and transfer of funds in the amount of
$237,745.00.
COMMISSION ACTION:
Packet Pg. 392
8.H.2
Coordination/Signatures
ji�n J. sera, Sheriff 9/3/2015
A
Heather Young, Asst. County Attorney �91'9/2015
Updated: 9/9/2015 12:07 PM by Donna Calise Page 2
Packet Pg. 393
2014-2015 Purchase Requests Designated as LET
Line 7# ITEMS
Additional equipment, training, & expertise
Black Box Technology
Prisoner Restraint System
Case Management Software
Subtotal:
Other Law Enforcement Purposes
Narcotic K-9
Subtotal:
School Resource
FASRO Training
Child ID System
Subtotal:
Protracted Investigation
Overtime & Benefits
Subtotal:
Crime Prevention/Safe Neighborhood expenditures
Explorer's Coordinator salary & benefits
Preventing Crime in the Black Community
Donation -Florida Missing Children
Donation Inner Truth Project
Donation Boy Scouts of America
Tow -To -Go Campaign
Donation Crime Stoppers of the Treasure Coast
RAD Program Shirts
Crime Prevention Supplies
Donation Executive Round Table
Donation Explorers
Donation 2110ofthe Treasure Coast
Donation FBI National Acadeny
Gang Training
Subtotal:
TOTAL LET REQUESTS
TOTAL REQUESTS TOWARD 15% EXPENDITURE REQS:
(Items designated for 15%indicated in BOLD print)
Amount 15%Expend. Notes
$2,781.00 Sec. 932.7055 (5)(a) and AG opinion 91-69: "Provide additional
$4,535.00 equipment or expertise."
$6,100.00
$13,41&00
$ 7, 300.00
$ 7,300.00
$14,755.00
$4,628.00
$19,383.00
$20,304.00
$20,304.00
Sec. 932.7055 (5)(a): "...Other Law Enforcement Purposes"
Sec. 932.7055(5)(a):..."School Resource Oficer"
Sec. 932.7055(5)(a): ..."defraying the cost of protracted investigations"
$99,162.00
$99,162.00 Sec. 932.7055 (5)(a): Crime Prevention and Safe Neighborhood"
$2,306.00
$2,306.00
$500.00
$500.00
$1.500.00
$1,500.00
$5,000.00
$5,000.00
$15,000.00
$15,000.00
$2,000.00
$2,000.00
$1,815.00
$1,816.00
$25,284.00
$25,284.00
$4,000.00
54,000.00
$4,000.00
$4,000.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$14,775.00
$14,775.00
$177,342.00
$237,745.00
$177,342.00
Packet Pg. 394
ITEM NO. (ID # 3056)
COUNTY �.
F L Q R I D A
AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY: Laurie Waldie, Utility Director
SUBMITTED BY: Utilities
DATE: 09/15/2015
*CONSENT AGENDA\UTILITIES
SUBJECT: Severn Trent Environmental Services, Inc. - Contract Amendment Three
BACKGROUND:
Severn Trent Environmental Services, Inc. Has been providing contract Utility operations and maintenance
services to the County and now wishes to amend its contract with the County to implement a cost
increase for expanded operations and maintenance.
This amendment reflects the additional cost to the annual base rate for Severn Trent Environmental
Services, Inc. For increased staffing and sampling at the Holiday Pines Wastewater Treat Facility
(HPWWTF) due to the recent addition to provide public access reuse or reclaimed water. Per the new
Florida Department of Environmental Regulation (FDEP) operating permit, the operator staffing
requirement at the HPWWTF is now six (6) hours per day seven (7) days per week. That is an additional
11 hours per week for Saturday and Sunday staffing. The sampling requirement also changed, going from
once every two (2) weeks to four (4) times per week. The total increase for the Holiday Pines base cost is
$32,032.36 per year.
There are also additional lab analysis costs that have been added for other Utility plant sites due to FDEP
sampling requirements. These total $2,104.00, and they are included in the new annual base cost.
With the additional charges of $34,136.36, the new annual base is $1,422,882.63.
Current Annual Base: $1,388,746.27
Additional for Holiday Pines Reuse: $32,032.36
Additional annual lab analysis per permits: $2,104.00
Total Annual Base w/ additional labor & lab analysis: $1,422,882.63
PREVIOUS ACTION:
February 21, 2012 - BOCC approved the first extension of Contract C07-03-174.
March 24, 2009 - BOCC approved the second amendment of Contract C07-03-174.
August 1, 2008 - BOCC approved the first amendment of Contract C07-03-174.
March 23, 2007 - BOCC approved Contract C07-03-174.
FINANCIAL IMPACT:
Packet Pg. 395
471-3600-534000-300 / North County - Other Contractual Services
471-3601-534000-300 / HEW - Other Contractual Services
471-3602-534000-300 / North Hutch - Other Contractual Services
451-3510-534000-300 / South Hutch - Other Contractual Services
RECOMMENDATION:
Staff recommends Board approval of the third amendment to the Operation and Maintenance Agreement
for Water, Wastewater and Reclaimed Water between Severn Trent Environmental Services, Inc. and St.
Lucie County, Florida.
COMMISSION ACTION:
Coordination/Signatures
Laurie Waldie, Utility Director 8/T1/2Df5
4anii"ntyre, torney 9/1/2015
Updated: 9/8/2015 11:10 AM by Donna Calise Page 2
Packet Pg. 396
8.1.1
THIRD AMENDMENT TO THE OPERATION AND MAINTENANCE AGREEMENT
FOR WATER WASTEWATER AND RECLAIMED WATER
BETWEEN SEVERN TRENT ENVIRONMENTAL SERVICES, INC. AND
ST. LUCIE COUNTY, FLORIDA
THIS THIRD AMENDMENT (the "Third Amendment") is made on this day of
, 2015 between St. Lucie County, Florida, a political subdivision of the
State of Florida (hereinafter the "County"), and Severn Trent Environmental Services,
Inc., a Texas corporation with its principal place of business at 16337 Park Row, Houston,
Texas 77084 (hereinafter the "Operator"). The County and Operator may be referred to
as a "Party" or collectively as the "Parties".
WHEREAS, on March 23, 2007, the Parties entered into an Operation and Maintenance M
Agreement for Water Wastewater and Reclaimed Water (the "Original Agreement"), r_
whereby the Operator agreed to operate, maintain, and manage the County's Facilities; E
and
WHEREAS, on August 1, 2008, the Parties entered into the First Amendment to the o
Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the
"First Amendment"); and
WHEREAS, on March 24, 2009 the Parties entered into the Second Amendment to the
Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the
"Second Amendment") (the Original Agreement as amended by the First Amendment and
the Second Amendment shall hereafter be referred to collectively as the "Agreement");
WHEREAS, on February 21, 2012, the Parties agreed to extend the term of the Original
Agreement for an additional five year period, which term will expire on March 31, 2017;
and
NOW, THEREFORE, in consideration of the mutual promises contained herein and
subject to the terms and conditions herein stated, the Parties hereby agree to amend the
Agreement as follows-
1 . All capitalized terms contained in this Third Amendment and not specifically
defined herein, shall have the meaning provided to such terms in the Agreement.
2. Under Article 1 Definitions the definition of Facilities shall be amended to include
the upgrades to the North County (aka Holiday Pines) Wastewater Treatment Facility
(WWTF), specifically the Wes Tech Disk Filters and Control Panel for effluent filtration,
additional Chlorine Contact Chamber for high level disinfection, Reuse Effluent Discharge
Pumps, Controls and Chamber, Reuse Effluent Monitoring Analyzers, Chart Recorder
and Building (Chlorine, pH and Turbidity), Effluent Reuse Metering and Reuse Effluent
off -site Piping and Controls to the FDEP approved point of discharge.
Packet Pg. 397
8.1.1
3. Under Article 1 Definitions, the definition of "County's Discharge Permit(s)" and/or
"Discharge Permit(s)" shall be replaced with the following: "shall refer to all permits and
licenses issued to County by FDEP or the County Health Department and required for the
discharge of wastewater and reclaimed water from the Facilities, as they may be
amended, renewed or replaced from time to time. The current Discharge Permit is
attached hereto and marked as Exhibit "F". For the avoidance of doubt, the Parties intend
that the current Discharge Permit attached hereto as Exhibit "F" shall replace the
Discharge Permit incorporated into Exhibit A of the Original Agreement.
4. Under Section 4.6 Staffing, the Operator shall provide qualified and, where
required, certified staffing for the operations and maintenance of the Facilities in
accordance with the County Environmental Permits. Due to the addition of Part II Reuse
at the North County (aka Holiday Pines) WWTF, per the revised FDEP permit, the staffing M
requirement has been increased. The cost of the enhanced staffing is included in the
Base Compensation as set forth below. a
5 Under Section 4.8 Testing and Laboratory Analysis, the Sampling Requirements
Schedule, Exhibit SRS 1, attached to this Third Amendment and the cost set forth therein LO
shall be included under the scope of work associated with the sampling required by the M
County's permits. The additional sampling requirements for the North County (aka
Holiday Pines) WWTF per the revised FDEP permit shall be included herein. The costs
of such sampling is included in the Base Compensation as set forth below.
6. Section 8.1(a) shall be replaced in its entirety with the following: "For the period
beginning on the effective date of this Third Amendment, the County shall pay the
Operator an annual fee (the "Base Compensation") in the amount of One Million Four
Hundred Twenty -Two Thousand Eight Hundred Eighty -Two Dollars and SixtyThree Cents
($1,422,882.63) (Exhibit "E"). The Base Compensation shall be payable in equal monthly
installments of One Hundred Eighteen Thousand Five Hundred Seventy -Three Dollars
and Fifty -Five Cents ($118,573.55), in arrears, each month, as adjusted pursuant to
subparagraphs (b) and (c) of Article 8.1.
7. All remaining terms and provisions of the Agreement shall remain in full force and
effect to the extent that they do not conflict with this Third Amendment. In the event of
any conflict between the provisions of this Third Amendment and the provisions of the
Agreement, the provisions in this Third Amendment shall control.
8. The Third Amendment shall be binding upon the parties hereto and their respective
legal representatives, successors and assigns.
9. This Third Amendment may be executed in one or more counterparts, each of
which will be deemed an original copy of this Third Amendment and all of which, when
taken together, will be deemed one and the same agreement.
10. This Third Amendment shall be effective on October 1, 2015.
Packet Pg. 398
8.1.1
IN WITNESS WHEREOF, the parties have duly accepted, made and executed this
Agreement upon the terms and conditions above stated.
ATTEST:
CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA:
By:
CHAIR
APPROVED AS TO FORM AND
CORRECTNESS: M
a�
COUNTY ATTORNEY a
tn
SEVERN TRENT ENVIRONMENTAL
M
SERVICES, INC.:
a�
E
By:
E
Name:
a
r
L
Title:
EXHIBIT "E"
ANNUAL FEE SCHEDULE
EXHIBIT "F"
COUNTY'S DISCHARGE PERMIT
EXHIBIT SRS 1
SAMPLING REQUIREMENTS SCHEDULE
Packet Pg. 399
8.1.2
Severn Trent
Third Contract Amendment
EXHIBIT E
ANNUAL FEE SCHEDULE- 2015
Description
South
Hutchinson
Island
North
Hutchinson
Island
Lakewood
Park
Fairwinds
North County
Holiday Pines
Airport
Total
Current Annual Base Fee 2015
$504,511.751
$458,099.411
$33,811.461
$35,120.631
$345,720.111
$11,482.911
$1,388,746.27
Labor and Lab Analysis Increase
$0
$1,120
$828
$0
$32,188.36
1 $0
$34,136.36
New Annual Base Fee 10-2015
$504,511.75
$459,219.41
$34,639.46
$35,120.63
$377,908.47
$11,482.91
$1,422,882.63
Sludge Removal Cap*
$90,000
$40,500
$12,600
$5,500
$27,500
$0
$176,100
Annual Repair & Maintenance Cap*
$130,000
$100,000
$12,000
$3,500
$100,000
$4,500
$350,000
Target Vactor Cap*
1$10,0001
$3,500
$5001
$1,0001
$5,7001
$3,0001
$23,700
Combine total
1 $734,511.751
$602,099.411
$58,911.461
$45,120.631
$478,920.111
$18,982.911
$1,938,546.27
*These items below the base fee charge are budgeted pass -through costs to the County and only spent as needed. These values will be reviewed annually in
conjunction with the County after presentation of the annual report from Severn Trent
9/15/2015 1 2015
Packet Pg. 400
EXHIBIT "F"
Florida Department of
Environmental Protection
Southeast District Office
400 N. Congress Avenue, 3rd Floor
West Palm Beach, FL 33401
(561) 681-6600
December 5, 2012 LECTRONIC CORRESPONDENCE
NOTICE OF PERMIT REVISION
Rick Scott
Governor
Jennifer Carroll
Lt. Governor
Herschel T. Vinyard, Jr.
Secretary
Ms Laurie Waldie, Director St. Lucie County
St. Lucie County Utilities Department North County Regional WWTF
2300 Virginia Avenue (fka Holiday Pines WWTF)
Fort Pierce, FL 34982 Reuse System Modification
Email: WaldieLkStLucieCo.gov P.A. Number: FLA013969-010-DW2-MR
Permit Number: FLA013969
Dear Ms. Waldie:
The Department has reviewed your request, received on August 6, 2012 to modify the existing Wastewater Permit
Number FLA013969 to change the previously approved Part III irrigation system. Based on this request, on the
additional information, received on September 17, 2012, on the revised Preliminary Design Report and
Abbreviated Engineering Report, submitted on September 17, 2012, the Department hereby is approving this
request, and the Permit Number FLA013969 is modified as given below:
• The Permittee is authorized to construct the following reuse elements for Reuse System R-002:
Disk Filter System
Chlorine Contact /Reuse Storage Chamber
Two vertical Turbine Reuse Pumps with Motors
2, 425 feet length 6 (six) inch Force Main
• Add Permit Conditions I.A.16:
Discharge of reclaimed water to the existing isolated irrigation storage pond at the Holiday Pines Golf Course
shall be allowed as per the operating protocol that assures that discharge from the storage pond will not occur.
The irrigation pump station at the storage pond will irrigate the golf course.
• Change Permit Condition III. 8 and add Condition III.9
8. The following monitoring wells shall be sampled for Reuse System R-001:
Alternate Well Name
Latitude
Longitude
Depth
Aquifer
New or
Monitoring
Well ID
and/or Description of
Monitoring Location
(Feet)
Monitored
Existing
❑
❑
"
MWC-1
Midpoint along the
27
32
14.2
80
22
56.2
14
Surficial
Existing
southern property line
MWC-2
Midpoint along the western
27
32
18.8
80
22
53.6
14
Surficial
Existing
property line
MWC-3
Midpoint along the eastern
27
32
20.2
80
22
50.2
14
Surficial
Existing
property line
MWC-4
Midpoint along the
27
32
16.3
80
22
53.4
14
1 Surficial
Existing
www.dep.state.fl.us I Packet Pg. 401
8.1.3
Ms. Laurie Waldie, Director
St. Lucie County Utilities Department
Page 2 of 5
Alternate Well Name
Latitude
Longitude
Depth
Aquifer
New or
Monitoring
Well ID
and/or Description of
Monitoring Location
(Feet)
Monitored
Existing
o
❑
El"
northern property line
MWC-5
Northern corner of the
27
32
8.51
80
22
50.99
14
Surficial
New
Island Pines Golf Course
Irrigation Pond to the east -
north toward the
Savannahs (approximately
60 feet from the water's
edge
MWC-Compliance
• Change the numbers of Permit Conditions to the following:
IV. ADDITIONAL REUSE AND LAND APPLICATION REQUIREMENTS
V. OPERATION AND MAITENANCE REQUIREMENTS
VI. SCHEDULES
VII. INDUSTRIAL PRETREATMENT PROGRAM REQUIREMENTS
VIII. OTHER SPECIFIC CONDITIONS
IX. GENERAL CONDITIONS
• Change Permit Condition IV.A.1
Part III Public Access System(s):
1. This reuse system includes the following major user(s) of reclaimed water (i.e., using 0.1 mgd or more)
and general service area(s):
Site Number
User Name
User Type
Capacity(MGD)
Acreage
PAA-001
Holiday Pines Golf Course
Golf Courses
0.850
110
Packet Pg. 402
8.1.3
Ms. Laurie Waldie, Director
St. Lucie County Utilities Department
Page 3 of 5
• Change Permit Condition VI.1:
1. The following compliance actions to implement Part III Reuse System:
Item
Number
Improvement Action
Completion Date
1.
Start construction
16 months after issuance of this permit
Submit to the Department's Southeast District office detailed
Within 30 days after installation of a
2
information on the well's location and construction on DEP Form
monitoring well.
62-520.900(2), Monitor Well Completion Report for MWC-5.
3.
Complete construction
27 months after issuance of this permit
Submit Notification of Certification of Completion of Construction
4.
for Domestic Wastewater Facilities on Form 62-620.910(12) for all
28 months after issuance of this permit
modified facilities referring to Part III Reuse System.
Provide written certification on Form 62-910(13) that record
After six months after modified facilities
5.
drawings and an operation and maintenance manual are available
are placed into operation
at the location specified on the form.
All other applicable conditions included in the original permit and all previous issued revisions remain
unchanged. This Notice of Permit Revision shall become a part of the permit and shall be attached to the
original permit.
The Department's proposed agency action shall become final unless a timely petition for an administrative hearing
is filed under Sections 120.569 and 120.57, Florida Statutes, within fourteen days of receipt of notice. The
procedures for petitioning for a hearing are set forth below.
A person whose substantial interests are affected by the Department's proposed permitting decision may petition for
an administrative proceeding (hearing) under Sections 120.569 and 120.57, Florida Statutes. The petition must
contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of
the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Under Rule 62-110.106(4), Florida Administrative Code, a person may request enlargement of the time for filing a
petition for an administrative hearing. The request must be filed (received by the clerk) in the Office of General
Counsel before the end of the time period for filing a petition for an administrative hearing.
Petitions by the applicant or any of the persons listed below must be filed within fourteen days of receipt of this
written notice. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3),
Florida Statutes, must be filed within fourteen days of publication of the notice or within fourteen days of receipt of
the written notice, whichever occurs first. Under Section 120.60(3), Florida Statutes, however, any person who has
asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice,
regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing.
The failure of any person to file a petition or request for enlargement of time within fourteen days of receipt of
notice shall constitute a waiver of that person's right to request an administrative determination (hearing) under
Sections 120.569 and 120.57, Florida Statutes. Any subsequent intervention (in a proceeding initiated by another
Packet Pg. 403
Ms. Laurie Waldie, Director
St. Lucie County Utilities Department
Page 4 of 5
party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-
106.205, Florida Administrative Code.
A petition that disputes the material facts on which the Department's action is based must contain the following
information:
(a) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the
petitioner's representative, if any; the Department permit identification number and the county in which the subject
matter or activity is located;
(b) A statement of how and when each petitioner received notice of the Department action;
(c) A statement of how each petitioner's substantial interests are affected by the Department action;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
ch
(e) A statement of facts that the petitioner contends warrant reversal or modification of the Department action;
(f) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to
relief; and
Q
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wants the
N
Department to take.
m
LO
Because the administrative hearing process is designed to formulate final agency action, the filing of a petition
M
means that the Department's final action may be different from the position taken by it in this notice. Persons whose
r
substantial interests will be affected by any such final decision of the Department have the right to petition to
E
become a party to the proceeding, in accordance with the requirements set forth above.
y
a
In addition to requesting an administrative hearing, any petitioner may elect to pursue mediation. The election may
0)
be accomplished by filing with the Department a mediation agreement with all parties to the proceeding (i.e., the
t
applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing). The
w
agreement must contain all the information required by Rule 28-106.404, Florida Administrative Code. The
p
agreement must be received by the clerk in the Office of General Counsel of the Department at 3900
w
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within ten days after the deadline for
filing a petition, as set forth above. Choosing mediation will not adversely affect the right to a hearing if mediation
o
does not result in a settlement.
0
As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will toll the time
limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for holding an administrative hearing and
issuing a final order. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of
the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must
enter a final order incorporating the agreement of the parties. Persons seeking to protect their substantial interests
that would be affected by such a modified final decision must file their petitions within fourteen days of receipt of
this notice, or they shall be deemed to have waived their right to a proceeding under Sections 120.569 and 120.57,
Florida Statutes. If mediation terminates without settlement of the dispute, the Department shall notify all parties in
writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain
available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging
the agency action and electing remedies under those two statutes.
This permit is final and effective on the date filed with the clerk of the Department unless a petition (or request for
enlargement of time) is filed in accordance with the above. Upon the timely filing of a petition (or request for
enlargement of time) this permit will not be effective until further order of the Department.
Any party to this permit has the right to seek judicial review under Section 120.68, Florida Statutes, by the filing of a
notice of appeal under Rules 9.110 and 9.190, Florida Rules of Appellate Procedure with the clerk of the Department
in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000;
and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district
court of appeal. The notice of appeal must be filed within 30 days from the date when this permit is filed with the
clerk of the Department.
Packet Pg. 404
8.1.3
Ms. Laurie Waldie, Director
St. Lucie County Utilities Department
Page 5 of 5
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Linda A. Brien, P.G. Date
Water Facilities Program Administrator
Southeast District
LAB/jaa/ls: FLA013969-010-DW2/MR
ec: Michael Hambor, DEP/WPB, michael.hamborkdep.state.fl.us
Jeff Christian, SED/PSL, jef£christianndep.state.fl.us
Earl Masteller, Masteller @ Moler, mastmolr@bellsouth.net
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this NOTICE OF PERMIT REVISION and
all copies were mailed by electronic mail before the close of business on 12/5/12 to the
listed persons.
FILING AND ACKNOWLEDGMENT
(Date)
FILED, on this date, under section 120.52(7), Florida Statutes, with the designated Department Clerk, receipt of
which is hereby acknowledged.
Clerk
December 5. 2012
Date
Packet Pg. 405
8.1.4
Severn Trent
Third Contract Amendment EXHIBIT SRS 1
U)
St. Lucie County
LO
Sampling Requirements Schedule - Additional 2015 M
Facility
Sampling Parameter
Annual Cost
Comments
Lakewood Park WWTF
Monthly TDS, Influent, Effluent &
$360
Permit FLA039586-003-DW3/MR;
Softener Discharge
Modification dated August 16,
2012
Lakewood Park WWTF
Monthly Chloride, Influent,
$468
Permit FLA039586-003-DW3/MR;
Effluent Softener Discharge
Modification dated August 16,
2012
Holiday Pines WTF
Monthly GWMW Chloride
$156
SFWMD Permit 56-00406-W
dated October 28, 2010
North Hutchinson Island WWTF
Weekly Effluent Nitrate
$520
Permit FLA013946-017-DW1P
dated January 2014
North Hutchinson Island WWTF
Sludge Analysis
$600
Permit FLA FLA013946-017-
DW1P dated January 2014
TOTAL
$2,104
9/15/2015
2015 ST Sampling Summary
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ITEM NO. ORD-2015-12
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Heather Young, Asst. County Attorney
County Attorney
Public Hearing - Animal Control Ordinance
DATE: 09/15/2015
*PUBLIC HEARINGS\COUNTY
ATTORNEY
The Animal Shelter Committee has completed its review of the current animal control ordinances and is
recommending a number of amendments to the ordinance. The Committee's recommendations include
the following:
A. Update dangerous dog requirements to conform to recent statutory
amendments.
B. Amend animal care requirements to add restrictions on tethering and outdoor
enclosures. The minimum size of the enclosures is based on the size of the dog.
The Committee is also recommending that animals be brought indoors during extreme weather.
Extreme weather would be defined as:
1. Hurricanes
2. Tropical storm
3. Above 85 degrees Fahrenheit or a heat index of 100 degrees or
4. Below 40 degrees Fahrenheit or a wind chill factor of 35 degrees
The outdoor enclosure sizes and the requirement to bring a dog inside during extreme weather would not
apply to dogs on property zoned AG-1, AG-2.5 and AG-5.
C. Create aggressive animal registration requirements to address animals who have
exhibited aggression towards other animals and humans but do not meet the
statutory definition of a dangerous dog.
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D. Create registration and care requirements for guard dogs to insure humane
treatment of guard dogs and provide information for law enforcement officers
when responding to a call at a location with a guard dog.
The attached ordinance incorporates the amendments proposed by the Committee.
PREVIOUS ACTION:
On June 16, 2015, the Board authorized permission to advertise the proposed ordinance for a public
hearing on July 21, 2015. That date was extended in order to allow further review of comments received
from the public by the Animal Shelter Standards Committee.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board of County Commissioners adopt proposed Ordinance, as drafted.
COMMISSION ACTION:
Coordination/Signatures
X
Danie S. McIntyre, c my ttorney 9/3/2015
Updated: 9/15/2015 8:33 PM by Shane A. De Witt Page 2
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ORDINANCE NO. 15-
AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS" OF THE
CODES OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE
COUNTY, FLORIDA, BY AMENDING SECTION 6-19 (DEFINITIONS)
TO ADD CERTAIN DEFINITIONS; AMENDING SECTION 6-23
(DANGEROUS DOGS) TO INCORPORATE STATUTORY
AMENDMENTS; AMENDING SECTION 6-26 (ANIMAL CARE) TO
ESTABLISH REQUIREMENTS REGARDING TETHERING,
TRANSPORTATION OF ANIMALS AND ANIMALS LEFT
UNATTENDED IN VEHICLES; CREATING SECTION 6-33
(AGGRESSIVE ANIMALS); CREATING SECTION 6-34 (GUARD
DOGS) ESTABLISHING REQUIREMENTS FOR GUARD DOG
PERMITS AND CONDITIONS FOR USE AND CARE OF GUARD
DOGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING
WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR
CODIFICATION.
WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of County
Commissioners to establish programs providing for the health, safety and general welfare of the
residents of St. Lucie County; and,
WHEREAS, Chapter 6 (Animals) of the St. Lucie County Code of Ordinances and
Compiled Law (the "Animal Control Ordinance") provides for the regulation and control of
animals in the unincorporated areas of St. Lucie County; and
WHEREAS, Section 6-26 (Animal Care) establishes general standards for the care and
treatment of animals; and,
WHEREAS, in recognition of the important role animal shelters provide in caring for
unwanted and neglected animals which have been surrendered by their owners, seized by
animal control agencies or found as strays in the community, the Board of County adopted
Resolution No. 12-058 on June 12, 2012 to create the Animal Shelter Standards Committee;
and,
WHEREAS, pursuant to further direction of the Board, the Animal Shelter Standards
Committee has reviewed Chapter 6 (Animals) and recommended to the Board of County
Commissioners certain amendments to incorporate statutory changes regarding dangerous
dogs, amending manner of keeping requirements, establishing standards for registering
aggressive animals, and establishing registration and care for guard dogs.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
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PART A. CHAPTER 6 "ANIMAL AND FOWL" IS HEREBY AMENDED BY AMENDING
SECTION 6-19 (DEFINITIONS) TO ADD THE FOLLOWING DEFINITIONS:
Sec.6-19. Definitions.
*********************************
Aggressive animal means any animal that according to the County records or the records of any
other governmental agency has:
a. When unprovoked. severelv iniured or killed a domestic animal while off the
owner's property;
b. Been used primarily or in part for the purpose of dog fighting or is a dog trained
for fighting, and is determined by a neutral dog trainer or licensed veterinary
behaviorist to be aggressive to other domestic animals or people;
C. When unprovoked, been involved in an attack that does not result severe injury
or death of a person; or
d. In the opinion of an Animal Control Officer or law enforcement officer,
posed a threat to the safety and welfare of the community.
Animal rescue organization means a humane society, animal welfare society, society for the
prevention of cruelty to animals, or other such not -for -profit corporation or other legal entity
devoted to the welfare, protection, and humane treatment of dogs, cats, or other animals, that
is duly registered with the Florida Department of State and the Florida Department of
Agricultural and Consumer Services, as applicable, and with the appropriate authority in the
jurisdiction with which the organization is headquartered.
Dangerous dog means any dog that according to the County records or the records of any other
local eovernment:
a. Has aRuessively bitten. attacked. or endangered or has inflicted severe iniury of
a human being on public or private property:
b. Has more than once severely iniured or killed a domestic animal while off the
owner's property; or,
C. Has. when unprovoked. chased or aaaroached a person uaon the streets
sidewalks, or any public grounds in a menacing fashion or apparent attitude of
attack, provided that such actions are attested to in a sworn statement by one or
more persons and dutifullv investigated by the Division.
Extreme weather for the purposes of this chapter shall include but not be limited to the
following conditions:
a. Hurricane;
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b. Tropical Storm:
C. Above eighty-five (85) degrees Fahrenheit or a heat index of one hundred (100)
degrees heat index; or,
d. Below forty (40) degrees Fahrenheit or thirty-five (35) degrees wind chill factor.
Guard Dog means any type of dog used for the purpose of defending, patrolling or protecting
property or life at any nonresidential establishment or which resides on the nonresidential
property. The term "guard dog" shall exclude any stock dogs used primarily for handling and
controlline livestock or farm animals.
Guard dog service means any person, business, or corporation that trains, sells, rents, or leases
guard dogs for the purpose of defending, patrolling, or protecting property or life at any
nonresidential establishment in the unincorporated areas of St. Lucie County.
Severe iniury means any physical injury that results in broken bones, multiple bites, or
disfiguring lacerations requiring sutures or reconstructive surgery.
Tethering means a rope, chain, or similar restraint for holding an animal in place, allowing a
short radius in which it can move.
Unprovoked means that the victim who has been conducting himself or herself peacefully and
lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
PART B. CHAPTER 6 "ANIMALS" IS HEREBY AMENDED BY AMENDING SECTION 6-23
DANGEROUS DOGS) AS FOLLOWS:
Sec. 6-23. Dangerous dogs.
(a) ,4doP�R ef P.S. SeGt;,,RS 767 10 thre gh :767 1 4. The provisions of F.S. Sections
767.10 through 767.14, and all subsequent amendments regulating dangerous dogs, as
defined in F.S. Section 767.11(1), are adopted by reference and incorporated herein and
shall apply to the unincorporated areas of the county.
(b) €ems The annual fee for issuance of dangerous dog certificates of registration shall
be established by resolution of the board of county commissioners.
(c) Classification.
(1) The public safety director shall investigate reported incidents involving any dog
that may be dangerous, as defined in F.S. § 767.11(1), and shall, if possible, interview the owner
and require a sworn affidavit from any person, including any animal control officer or
enforcement officer, desiring to have a dog classified as dangerous. Any dog that is the subject
of a dangerous dog investigation that is not impounded by the county shall be humanely and
safely confined by the owner in a securely fenced or enclosed area pending the outcome of the
investigation and resolution of any hearings related to the dangerous dog classification. The
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address of where the animal resides shall be provided to the public safety director. No dog that
is the subject of a dangerous dog investigation may be relocated or ownership transferred
pending the outcome of an investigation or any hearings related to the determination of a
dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be
relocated or its ownership changed.
(2) The public safety director shall classify any dog as a dangerous dog in the event
he determines that the dog:
a. Has aggressively bitten, attacked, or endangered or has inflicted severe
injury on human being on public or private property;
b. Has more than once severely injured or killed a domestic animal while off
the owner's property; or,
d- Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent
attitude of attack, provided such actions are attested to in a sworn
statement by one (1) or more persons and investigated by the public
safety director.
(3) A dog shall not be declared dangerous if either of the following has occurred
a. The threat, injury, or damage was sustained by a person who, at the time,
was unlawfully on the property or, while lawfully on the property, was
tormenting, abusing, or assaulting the dog or its owner or a family
member=;or,
b Ne deg may be d-e-e-lared- d-,,,geFeus 0f The dog was protecting or
defending a human being person within the immediate vicinity of the dog
from an unjustified attack or assault.
(4) The following procedures shall be followed in the investigation of a dangerous
dog complaint:
a. If Dossible. the owner of the animal being investigated shall be
interviewed. Any person and/or witness desiring to have a dog
classified as dangerous shall submit an affidavit to the Division.
b. A dog that is the subject of a dangerous dog investigation that is not
impounded by the Division shall be humanely and safely confined by the
owner in a secured fenced or enclosed area and shall be subject to any
reasonable restrictions placed thereon by the Division pending the
outcome of the investigation and resolution of any hearings related to
the dangerous dog designation.
C. The address of where the dog resides shall immediately be provided to
the Division.
d. No dog that is the subject of a dangerous dog investigation may be
relocated nor may ownership be transferred pending the outcome of an
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investigation and/or any hearings related to the determination of a
dangerous dog declaration.
(5) After the investigation, the public safety director shall make an initial
determination as to whether there is sufficient cause to classify the dog as
dangerous and shall afford the owner an opportunity for a hearing prior to
making a final determination. The public safety director shall provide written
notification of the sufficient cause finding to the owner by registered mail,
certified hand delivery, or service in conformance with the provisions of F.S. ch.
48, relating to service of process.
(6) The owner may file a written request for a hearing within seven (7) calendar days
from the date of receipt of the notification of the sufficient cause finding and, if
requested, the hearing shall be held as soon as possible, but not more than
twenty-one (21) calendar days and no sooner than five (5) days after receipt of
the request from the owner.
(d) Administrative hearing process for dangerous dog appeal.
(1) Upon receipt of an owner's timely request for an administration hearing, a
hearing shall be scheduled within twenty-one (21) calendar days, but no sooner than five (5)
calendar days after receipt of the request from the owner.
(2) A notice of hearing shall be sent by first class mail or certified hand delivery to
the named appellant at his/her last known address. The notice of hearing shall include the
following:
a. Place, date and time of hearing.
b. Right of the owner to be represented by an attorney; and
C. Right of the owner to present witnesses and evidence.
(3) A hearing date shall not be postponed or continued unless a request for
continuance, showing good cause for such continuance, is received in writing by the Division at
least five (5) calendar days prior to the date set for the hearing.
(4) All hearings shall be open to the public. Assuming proper notice is achieved, a
hearing may proceed in the absence of the owner.
(5) The hearing shall be recorded and may be transcribed at the expense of the
party requesting the transcript. All testimony shall be under oath.
(6) The hearing shall not be conducted in accordance with the formal rules relating
to evidence and witnesses. Any relevant evidence shall be admitted if the public safety director
finds it to be competent and reliable, regardless of the existence of any common law or
statutory rule to the contrary.
(7) Each party shall have the right to call and examine witnesses; to introduce
exhibits; to cross examine opposing witnesses on any matter relevant to the issues; to impeach
any witnesses regardless of which party first called the witness to testify; and to rebut the
evidence against him/her.
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8) The public safetv director or designee shall make findings of fact based on the
evidence of record. In order to uphold the dangerous dog determination, the public safety
director must find that a preponderance of the evidence supports the determination.
a. The public safety director shall have the power to adopt procedures for
the conduct of hearings, take testimony under oath, review evidence and
assess and order the payment of administrative costs.
b. The fact finding determination of the public safety director shall be
limited to whether one or more of the criteria listed in Subsection
6-23(a)(1) were met. Based upon this fact finding determination, the
Public safety director shall either affirm or reverse the sufficient cause
findings of the Division.
C. If the decision of the public safety director is to affirm the Division's
decision, then the owner shall be responsible to pay the administrative
costs of the hearing. The owner shall also be responsible for payment of
all boarding costs and other fees as may be required to humanely and
safely keep the animal during any appeal procedures.
(e) The owner may appeal the public safety director's findings by filing a written request for
a hearing in the county court for St. Lucie County, Florida, within ten (10) business days after
the receipt of the written notification of the dangerous animal classification.
(4f) OGssifTc� ' ^ 4 deg ^S dGRg,,.-^.,s—AppeGT If a dog is classified as a dangerous dog
pursuant to this section, the public safety director shall provide written
notification to the owner by registered mail, certified hand delivery or service, and the
owner may file a written request for a hearing in county court in St. Lucie County to
appeal the classification within ten (10) business days after receipt of a written
determination of dangerous dog classification and must confine the dog in a
securely fenced or enclosed area pending a resolution of the appeal.
(eg) Registr-etie, of dog 4G:ss {4e-61 ^6 6iGP Within fourteen (14) days after a dog has
been classified as dangerous by the public safety director or a dangerous dog
classification is upheld by the county court on appeal, the owner of the dog must obtain
a certificate of registration for the dog from the public safety director, and the
certificate shall be renewed annually. The public safety director shall issue such
certificates and renewals only to persons who are at least eighteen (18) years of age and
who present sufficient evidence of the following:
(1) A current certificate of rabies vaccination for the dog.
(2) A proper enclosure to confine a dangerous dog and the posting of the premises
with a clearly visible warning sign at all entry points that informs both children
and adults of the presence of a dangerous dog on the property.
(3) Permanent identification of the dog, such as a tattoo on the inside thigh or
electronic implantation.
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(4) Proof of payment of the appropriate fee as established by resolution of the
board of county commissioners.
(f4) Required Pe4f4. Gti figr- 61^^9 c-456if4ed ^9 64GRger-ebis. The owner of a dog classified as
dangerous pursuant to this section shall immediately notify the public safety director in
the event the dog:
(1) Is loose or otherwise unconfined.
(2) Has bitten a human being or attacked another animal.
(3) Is sold, given away, or dies.
(4) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name, address,
and telephone number of the new owner to the public safety director. The new owner must
comply with all of the requirements of this ordinance.
(g4) If a
dog that has previously been declared dangerous attacks or bites a person or a domestic
animal without provocation, the owner is guilty of a misdemeanor of the first degree,
punishable as provided in F.S. Sections 775.082 or 775.083. In addition, the county shall
immediately confiscate the dangerous dog and place it in quarantine, if necessary, for
the proper length of time, or impound and hold it for ten (10) business days after the
owner is given written notification under Section 6-23(d), and thereafter destroy the
dog in an expeditious and humane manner. This ten-day period shall allow the owner to
request a hearing under Section 6-23(dl. The owner shall be responsible for payment of
all boarding costs and other fees as may be required to humanely and safely keep the
animal during any appeal procedure.
(ki) If a dog that has not been declared dangerous attacks and causes severe injury to or
death of any human, the dog shall be immediately confiscated by the county, placed in
quarantine, if necessary, for the proper length of time or held for ten (10) business days
after the owner is given written notification under Section 6-23(d) and thereafter
destroyed in an expeditious and humane manner. This ten-day period shall allow the
owner to request a hearing under Section 6-23(d). The owner shall be responsible for
payment of all boarding costs and other fees as may be required to humanely and safely
keep the animal during any appeal procedure. In addition, if the owner of the dog had
prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless
disregard for such propensities under the circumstances, the owner of the dog is guilty
of a misdemeanor of the second degree, punishable as provided in F.S. Sections 775.082
or 775.083.
(+k) If a dog that has previously been declared dangerous attacks and causes severe injury to
or death of any human, the owner is guilty of a felony of the third degree, punishable as
provided in F.S. Sections 775.082, 775.083 or 775.084, pursuant to F.S. Section
767.13(3). In addition, the dog shall be immediately confiscated by the county, placed
in quarantine, if necessary, for the proper length of time or held for ten (10) business
days after the owner is given written notification under Section 6-23 (d), and thereafter
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destroyed in an expeditious and humane manner. This ten-day period shall allow the
owner to request a hearing under Section 6-23(d). The owner shall be responsible
for repayment of all boarding costs and other fees as may be required to humanely and
safely keep the animal during any appeal procedure.
(f1 If the owner files a written appeal under Section 6-23(d), the dog must be held and
may not be destroyed while the appeal is pending.
(4m) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal
activity at the time of the attack, the owner is not guilty of any crime specified under
this section.
(m) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper
enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under
control of a competent person. The muzzle must be made in a manner that will not cause
injury to the dog or interfere with its vision or respiration but will prevent it from biting any
person or animal. The owner may exercise the dog in a securely fenced or enclosed area that
does not have a top, without a muzzle or leash, if the dog remains within his or her sight and
only members of the immediate household or person eighteen (18) years of age or older are
allowed in the enclosure when the dog is present. When being transported, such dogs must be
safely and securely restrained within a vehicle.
(n) Hunting dogs are exempt from the provision of this section when engaged in any legal
hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as
obedience trials, conformation shows, field trials, hunting/retrieving trials and herding trials are
exempt from the provisions of this section when enRaL-ed in anv leL-al Drocedures. However.
such dogs at all other times in all other respects shall be subject to this section. Dogs that have
been classified as dangerous shall not be used for hunting purposes.
(o) This section does not apply to dogs used by law enforcement officials for law
enforcement work.
(p) Any person who violates any provision of this section is guilty of a noncriminal
infraction, punishable by a fine not exceeding $500.00.
PART C. CHAPTER 6 "ANIMALS" IS HEREBY AMENDED BY AMENDING SECTION 6-26
(ANIMAL CARE) AS FOLLOWS:
Sec. 6-26. Animal care.
(a) It shall be a violation of this article for any person to impound or confine any animal in
any place without sufficient fresh food and water at all times daily, including weekends and
holidays; to keep any animal in any enclosure without providing sufficient daily exercise; to fail
to provide shelter from the weather, and clean quarters as further provided herein; apA
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medical attention for sickly, diseased, or injured animals; or to fail to inoculate the animal
against rabies as required by this article. However this section shall not require the provision of
shelter from the weather and clean quarters for livestock in open pasture. Dogs, cats, and
small domestic animals shall not be kept outside in crates, whether metal, wood, plastic or
other materials. Does. cats and small domestic animals may be kept outside in a fenced
enclosure if the enclosure contains a shelter which meets the following requirements:
1. Provides adequate protection from the cold and heat.
2. Provides protection from the direct effect of the sun, wind and rain;
3. Provides a solid roof and a wind and rain break;
4. Contains clean and dry bedding material;
5. Elevated a minimum of six inches (61 from the ground;
6. Provides sufficient space for each animal to comfortably stand up, sit down, lie
down and turn around in the shelter. If the shelter is used for more than one
(1) animal at the same time, it must provide enough space for each animal to
comfortablv stand up. sit down. lie down. and turn around simultaneouslv:
7. Provides ingress and egress for the animal to enter and exit the shelter at all
times; and,
*******************************************
W No animal shall be tethered unless all of the following provisions are met:
1. Animals younger than six (6) months old, older than seven (7) years, or ill shall
not be tethered.
3. The leneth and weight of the tether shall be appropriate for the animal breed
and shall be a minimum of ten (10) feet long or four (4) times the length of the
animal (measured from tip of nose to base of tail), whichever is greater.
4. The tether must have swivels at both ends of the rope, chain or similar restraint
for holding an animal in place. allowing a short radius in which it can move
about and not become tangled.
5. Prong, choke or chain collars are prohibited in the use of tethering animal.
6. Area which the animal may reach while tethered shall be free of
entanglements.
7. The length and location of the tether must not allow the animal to reach a fence
or neighboring property.
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8. Collar weight shall be appropriate for the animal as determined by a reasonable
person:
9. The animal must be in view of the person responsible for the animal at all times
while tethered.
10. A trolley system is permitted.
11. An animal may not be tethered in extreme weather, including but not limited to
hurricanes, tropical storms or tornados.
12. The animal shall have access to a dry and raised area at all times.
(k) Any dog left unattended in an outdoor enclosure shall be provided a minimum of open
space, excluding the shelter(s) within the enclosure, based upon the dog's size as set forth
below:
1. Twenty (20) pounds or less (Small) — Thirty-two (32) square feet.
2. Twenty-one (21) to fifty (50) pounds (Medium) — Sixty (60) square feet.
3. Over fifty (50) pounds (Large) — Eighty (80) square feet.
An additional sixteen (16) square feet shall be required for each additional dog kept in the same
enclosed area. Each doR shall be Drovided sufficient shelter within the enclosed area as set
forth above in Subsection 6-26(a). Any enclosed area where a dog is confined shall be kept free
of obiects that may injure the doa and shall be cleaned regularly to remove feces. Doas on
residentially zoned property shall not be maintained outdoors during periods of extreme
weather. This subsection shall not aaDly to dons on Droaerty zoned AG-1. AG-2.5 or AG-5.
The transportation of animals in vehicles shall be subject to the following requirements:
1. No person shall transport or carry any dog or other animal in a motor vehicle unless the
animal is safely enclosed within the vehicle.
2. If a person's only means to transport an animal is in an unenclosed or partially enclosed
vehicle, including but not limited to convertibles, pick-up trucks, and flatbed trucks, the
person shall confine the animal in a container, cage, or with a harness with double
tethering that is of proper and adequate size to prevent the animal from falling from or
lumping from the motor vehicle. With the exception of trailers used to transport hooved
livestock, the flooring of the vehicle shall be covered in a type of material that prevents
the animal's feet from burning.
3. If a container or cage is used, it must be securely fastened so as to prevent the container
or cage from moving in the motor vehicle.
4. The animal must be provided fresh water and food as deemed appropriate by a
responsible person.
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5. No Derson shall carry or cause to be carried in or upon anv vehicle or otherwise, an
domestic animal having its feet or legs tied together or in any other cruel or inhumane
manner or without DrovidinR suitable and humane facilities including racks. crates or
cages in which such animal may stand up or lie down during transportation.
6. The following shall be exempt from the provisions of this subsection:
a. Transporting livestock animals on property zoned AG-1, AG-2.5, AG-5, AR-1 with
agricultural classification pursuant to Section 193.461, Florida Statues, or PUD
where livestock is permitted.
b. Transporting livestock on property on which livestock is permitted as a
nonconforming use
(m) A person driving or in charge of a motor vehicle shall not permit an animal to remain
unattended in a vehicle when the motor vehicle is out of the Derson's sight and under
circumstances which endanger the health, safety or welfare of the animal.
(n) Pursuant to Section 828.073, Florida Statutes, an Animal Control Officer may take
custodv of an animal found neglected or cruellv treated by removing the animal from its
present location, or order the owner of the animal to provide certain care to the animal at the
owner's expense without removal of the animal from its present location. In the event an
Animal Control Officer takes an animal into custody or issues a care order to the animal owner
pursuant to this section, the County shall file a petition seeking relief under Section 828.073,
Florida Statutes, in the countv court in and for St. Lucie Countv within ten (10) days after the
animal is seized or the order to provide care is issued.
PART D. CHAPTER 6 "ANIMALS" IS HEREBY AMENDED BY CREATING SECTION 6-33
(AGGRESSIVE DOGS) AS FOLLOWS:
Sec. 6-33. Aggressive animals.
a) The Division shall investigate complaints involving animals that may be aggressive. The
public safetv director shall have the authoritv to designate an animal as aggressive:
(1) Provided that such actions are attested to in a sworn statement by one or more
persons and dutifully investigated by the Division, an animal shall be designated
as aggressive if an animal. when unprovoked, has:
a. Severelv iniured or killed a domestic animal while off the owner's
property.
b. Been used primarily or in part for the purpose of dog fighting or is a dog
trained for fighting and has been determined by a neutral dog trainer or
veterinary behaviorist to be aggressive to other domestic animals or
people due to forced fighting.
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C. Been involved in an attack that does not result in severe injury or death
of a person; or
d. In the opinion of an Animal Control Officer or law enforcement officer,
the animal posed a threat to the safety and welfare of the community.
(b) An animal shall not be declared aggressive if the threat, injury or damage to a person or
animal was:
1) Unlawfully on the property; or
2) Tormentine. abusine or assaultine the animal. its owner. a familv member or
guest; or
(1) The animal was protecting or defending a person within immediate vicinity of
the animal from an uniustified attack or assault.
(c) The following procedures shall be followed in the investigation of an aggressive animal
complaint:
(1) If possible, the owner of the animal being investigated shall be interviewed. Any
person and/or witness desiring to have an animal classified aggressive shall
submit an affidavit to the Division.
(2) An animal that is the subject of an aggressive animal investigation shall be
humanely and safely confined by the owner in a secured fenced or enclosed area
and shall be subject to any reasonable restrictions placed thereon by the Division
pending the outcome of the investigation and resolution of any hearings related
to the aggressive animal designation.
(3) The address of where the animal resides shall immediately be provided to the
Division.
(4) No animal that is the subject of an aggressive animal investigation may be
relocated nor may ownership be transferred pending the outcome of an
investigation and/or any hearings related to the determination of an aggressive
animal declaration.
d) After the investigation. the Dublic safetv director shall make an initial determination as
to whether there is sufficient cause to classify the animal as aggressive and shall afford the
owner an opportunity for a hearing prior to making a final determination. The public safety
director shall provide written notification of the sufficient cause finding to the owner by
registered mail, certified hand delivery, or service in conformance with the provisions of
Chapter 48, Florida Statutes, relating to service of process. The owner may file a written
request for an administrative hearing by the public safety director to appeal the classification
within fifteen (15) calendar days after receipt of the sufficient cause findings. The written
reauest for a hearine shall be mailed to the address provided by the Division in the aggressive
animal notification letter.
(e) Administrative hearing process for aggressive animal appeal.
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9.A.a
Upon receipt of an owner's timelv reauest for an administration hearing, a
hearing shall be scheduled within twenty-one (21) calendar days, but no sooner than five (5)
calendar days from the date the Division receives the appeal request.
(2) A notice of hearing shall be sent by first class mail or certified hand delivery to
the named aaaellant at his/her last known address. The notice of hearing shall include the
following:
a. Place, date and time of hearing.
b. Right of the owner to be represented by an attorney; and,
C. Right of the owner to present witnesses and evidence.
(3) A hearing date shall not be postponed or continued unless a request for
continuance, showing good cause for such continuance, is received in writing by the Division at
least five (5) calendar days prior to the date set for the hearing.
(4) All hearings shall be open to the public. Assuming proper notice is achieved, a
hearing may proceed in the absence of the owner.
(5) The hearing shall be recorded and may be transcribed at the expense of the
warty reauesting the transcript. All testimonv shall be under oath.
6) The hearing shall not be conducted in accordance with the formal rules relati
to evidence and witnesses. Any relevant evidence shall be admitted if the public safety director
finds it to be competent and reliable, regardless of the existence of any common law or
statutory rule to the contrary.
(7) Each party shall have the right to call and examine witnesses; to introduce
exhibits; to cross examine opposing witnesses on any matter relevant to the issues; to impeach
any witnesses regardless of which party first called the witness to testify; and to rebut the
evidence against him/her.
8) The public safetv director shall make findings of fact based on the evidence of
record. In order to uphold the aggressive animal determination, the public safety director must
find that a preponderance of the evidence supports the determination.
a. The public safety director shall have the power to adopt procedures for
the conduct of hearings, take testimony under oath, review evidence and
assess and order the payment of administrative costs.
b. The fact finding determination of the public safety director shall be
limited to whether one or more of the criteria listed in Subsection
6-23(a)(1) were met. Based upon this fact finding determination, the
Public safety director shall either affirm or reverse the sufficient cause
findings of the Division.
C. If the decision of the public safety director is to affirm the Division's
decision, then the owner shall be responsible to pay the administrative
costs of the hearing. The owner shall also be responsible for payment of
anv boarding costs and other fees as may be reauired to humanelv and
safely keep the animal during any appeal procedures.
(9) The owner may appeal the public safety director's findings by filing a written
request for a hearing in the county court for St. Lucie County, Florida, within ten (10) business
days after the receipt of the written notification of the aggressive animal classification.
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9.A.a
(f) Aggressive animal requirements.
(1) Within fourteen (14) calendar days after an animal has been declared aggressive
or an aggressive animal classification has been upheld by the county court on appeal, the
owner of the animal must obtain an aggressive animal license from the Division.
(2) The owner must renew the aggressive animal license tag annually.
(3) Aggressive animal license tags shall only be issued to competent persons over
the aae of eighteen (18) and who present to the Division sufficient evidence of compliance with
all of the following:
a. A current certificate of rabies vaccination for the animal.
b. The animal shall be safely and securely confined on the owner's property
in an enclosure suitable for a dangerous doa.
C. Clearly visible warning signs at all entry points to the property which
inform both children and adults of the presence of an aggressive animal
on the property. Such signage must be approved by the Division.
d. Permanent identification of the animal, such as a tattoo on the inner
thigh or electronic implantation.
e. The animal has been sterilized; and,
f. Compliance with additional reasonable restrictions as determined on a
case by case basis by the Division.
(4) Prior to issuance of the aggressive animal license tag and any renewal thereof,
the owner shall Dav the related fee established by resolution of the Board of Countv
Commissioners.
(5) The owner shall immediately notify the Division when an animal that has been
classified as dangerous:
a. Is loose or unconfined;
b. Has bitten a person or attacked another animal;
C. Is sold, given away, or dies; or
d. Is moved to another address.
(6) Prior to an aggressive animal being sold or given away, the owner shall provide
the name, address, and telephone number of the new owner to the Division. The new owner
shall comply with all of the requirements of this chapter.
(7) If an aggressive animal is moved outside of the County and is later relocated
back within the unincorporated areas of the County, the owner must notify the Division that
the animal is within the County within forty-eight (48) hours of the animal being relocated
(8) It shall be unlawful for the owner of an aggressive animal to permit the animal to
be outside a proper enclosure unless the animal is muzzled and restrained by a leash and under
the control of a competent person over the age of eighteen (18) years of age. The muzzle shall
be made in a manner that will not cause injury to the animal or interfere with its vision or
respiration but will prevent it from biting any person or animal.
(9) When being transported, an aggressive animal shall be safely and securely
restrained within a vehicle.
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9.A.a
(10) The owner of an aggressive animal may exercise the animal in a securely fenced
or enclosed area without a muzzle or leash, if the animal remains in the owner's sight and only
members of the owner's immediate household or persons eighteen (18) years of age or older
are allowed in the enclosure when the animal is present.
(11) Hunting dogs are exempt from the provisions of this section when engaged in
any legal hunt or training procedure. Dogs engaged in training or exhibiting in sports such as
obedience trials, conformation shows, field trials, hunting/retrieving trials and herding trials are
exempt from this section. Such dogs shall be subject to the provisions of this section at all
nthar timac
(12) This section shall not apply to dogs used by law enforcement officials for law
enforcement purposes.
(13) If a dog that has been previously classified as aggressive attacks or bites a person
or a domestic animal without provocation, provided that such actions are attested to in a sworn
statement by one or more persons and dutifully investigated by the Division, the animal shall be
confiscated by the Division, placed in quarantine, as requested by the Department of Health, if
necessary, for the proper length of time or impounded and held for ten (10) days after the
owner is given written notice and thereafter declared a dangerous dog.
(14) Upon confiscation of the animal, the Division shall provide the owner of record, a
written civil violation notice listing the fine, confiscation, quarantine, impoundment and intent
of the Division to have the animal declared dangerous within the time prescribed.
(15) The owner may contest the confiscation during the ten (10) day period in
accordance with the procedures set forth in Sections 6-23(d) and (e).
PART E. CHAPTER 6 "ANIMALS" IS HEREBY AMENDED BY CREATING SECTION 6-34
GUARD DOGS) AS FOLLOWS:
Sec. 6-34. Guard dogs.
(a) Guard dog permit.
(1) Any person seeking to operate a guard dog service or who owns a dog that such
person is seeking to use for the purpose of defending, patrolling or protecting property or life at
anv nonresidential establishment in the unincorporated areas of the countv shall obtain a Ruard
dog permit.
ll A guard dog permit shall be valid for a period of twelve (12) months from the
date of issuance and must be renewed annuallv. Renewal applications for permits shall be
made at least thirty (30) days prior to the date of expiration.
A guard dog permit is not transferable, assignable or refundable.
The Board of County Commissioners shall establish the fee schedule for guard
doR Dermits by resolution.
ll Obtaining guard dog permit.
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9.A.a
(1) A person seeking to obtain a guard dog permit shall apply to the Animal Control
Division using a form approved by the Division.
(2) The guard dog permit application shall include but is not limited to the following
infnrmntinn-
a. The name, address and telephone number of the applicant and a description of
the location(s), including address, at which guard dogs will be maintained.
b. A statement as to whether the applicant or anv officer or emDlovee of the
applicant has ever been convicted of an offense involving neglect or cruelty to
animals or has had a final judgment entered against that person under
Section 828.063, F.S., or any other statute prohibiting animal cruelty, neglect or
mistreatment.
C. The breed, sex, age, color, registration tag number and electronic animal
identification number (EAID), if applicable, of each dog that will be used as a
guard dog.
d. The name and address of the applicant's veterinarian(s).
e. The name, address and telephone number(s) of the person(s) responsible for
training and/or providing food, water, exercise and care to each guard dog; and,
f. Proof of business tax receipt from St. Lucie County Tax Collector, if applicable.
(3) The permit applicant shall complete the application, supply all information
requested by the Division, and pay the applicable permit fee established by the Board of County
Commissioners. No application shall be deemed complete and reviewable until the permit fee
is paid.
(4) Permit applications shall be valid for thirty (30) days in order for applicants to
make correction to meet minimum compliance specifications.
(c) Permit denial, revocation, and suspension.
(1) By notice of adverse action, the Division may deny, revoke or suspend any
rmit if it is determined by the Division that:
a. There has been a material misstatement or misrepresentation in the
permit application or in any information or documents required to be
maintained by the apDlicant/permit holder or Drovided to the Division
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9.A.a
b. The applicant/permit holder has been cited for at least two (2) violations
of this chapter within a one-year period, each resulting in the imposition
of a fins
C. The applicant/permit holder has failed to pay a fine or to request a
hearing in county court to answer the charges of a citation within thirty
(30) days of issuance of the citation.
d. An animal under the care and responsibility of an applicant/permit holder
has been found to be in need of veterinary care that, if not treated,
would result in sufferine. pain or death of the animal. and care is not
provided within a reasonable period of time.
(2) No permit fee shall be refunded for a permit that is revoked or suspended. For a
permit that is denied after review and inspection, the permit fee shall be refunded as provided
in the fee resolution.
Appeal process.
(1) Any applicant or permit holder who has been denied a permit or whose permit
has been revoked or suspended may appeal the adverse action to a hearing officer by filing a
written notice of aaaeal with the Division within ten (10) days after issuance of the notice of
adverse action.
The appeal will be heard by a hearing officer within thirty (30) calendar days
after the applicant or Dermit holder has submitted a notice of aoaeal. The initial hearing on the
appeal may be continued by the Division, the hearing officer, or the applicant or permit holder
beyond the thirty (30) calendar days for good cause shown.
(3) Unless otherwise provided herein, the hearing before the hearing officer shall be
governed as provided in this Chapter.
(4) The denial, revocation, or suspension of the permit shall be upheld or reversed
by the hearing officer.
(e) Requirements following notice of adverse action and/or appeal process.
(1) If the notice of denial, revocation, or suspension of a guard dog permit is not
appealed within ten (10) days after the notice of the written decision of the hearing officer is
issued, the applicant or permit holder shall immediately cease and desist operation of a guard
dog service or use of a guard dog for the purpose of defending, patrolling, or protecting
property or life at any nonresidential establishment in the unincorporated areas of the County.
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9.A.a
(2) Any person whose guard dog permit has been revoked may not reapply for a
guard dog permit for a period of one (1) year.
(3) Each reapplication for a permit shall be accompanied by a fee to be established
by the Board of Countv Commissioners by resolution.
(4) Any person who has been adjudicated guilty of animal cruelty within the past
five (5) years may not hold a permit to operate a guard dog service or possess a guard dog in
the unincorporated areas of the Countv.
Registration of guard dogs.
(1) Guard dog services and guard dog owners shall annually register each guard dog
owned or used in the unincorporated areas of the County with the Division. The registration
shall include the followine for each doR:
a. Name, address and telephone number of the owner and/or manager of
the guard dog service.
b. The breed, sex, weight, age and color(s) of the guard dog.
C. A color photograph of the guard dog.
d. Other distinguishing physical features of the guard dog.
e. Certification of rabies vaccination.
f. The guard dogs registration tag number.
g_ The guard dogs electronic animal identification device number (EAISD).
h. Proof of ownership (i.e. bill of sale, receipt or notarized affidavit)
including the name and address of the person from whom the dog was
obtained.
i. If the permit holder is not the original owner of the dog, a notarized
affidavit signed by the previous owner acknowledging that the dog will be
used as a guard dog. This requirement may be waived if the dog has
been previously registered to the izuard dog owner for more than one (1)
ear in the coun
L A current certification from a veterinarian who is licensed in Florida
stating that the guard dog has been examined and is healthy and
physically fit to perform service as a guard dog. The owner shall obtain
the certification form from the Division and shall provide it to the
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9.A.a
examining veterinarian for completion. and. upon completion. shall
provide it to the Division.
(2) A guard dog license tag shall be an annual requirement. The guard dog license
tag is onlv available through the Division. The guard dog shall be worn at all times or shall be
fastened to each guard dog's enclosure when the guard dog is inside it.
(3) No dog shall be used a as guard dog unless and until the dog has been registered
with the Division.
(4) No dog shall be registered or used as a guard dog if a veterinarian deems that
the dog is physically unfit to perform service as a guard dog.
(5) If any dog is used as a guard dog prior to being registered, a double registration
fee shall be imposed to register the guard doe.
The Division shall maintain a guard dog registration system which shall contain
all data required by the Division. Immediately upon transfer of ownership, death or
disappearance of a guard dog, the guard dog service or guard dog owner shall notify the
Division. Upon receipt of such notice, the appropriate entry shall be made in the guard dog
registration system. If the dog has disappeared, an entry shall be made to reflect the location
of such disappearance.
W Inspection and records.
(1) It shall be a condition of the issuance of any guard dog permit and guard dog
registration that officers of the Division shall at any reasonable time, unannounced, have the
right to enter the premises and inspect:
a. All dogs and all premises where such dogs are trained, in use, or kept.
b. All records for each guard dog including, but not limited to, vaccination
veterinary and medical treatment records.
C. All records concerning the training, sale, or use of a guard dog.
(2) Refusal to allow inspection of a guard dog, premises, or records shall be a
violation of this chapter.
(3) Guard dog services shall require any customer that procures the use of a guard
dog to sign an agreement authorizing officers of the Division to perform unannounced
inspections of any guard dog and premises where the guard dog is being used as a guard dog.
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9.A.a
(4) Guard dog services shall maintain records identifying the name, address, and
telephone number of each customer procuring the use of a guard dog and the physical location
of each guard doR (with registration number), if different than the customer's address.
(5) On a monthly basis, guard dog services shall provide the Division with complete
records identifying the name, address, and telephone number of every customer procuring the
use of a guard dog and the physical location of every guard dog (with guard dog license tag
number).
Guard dog services and guard dog owners shall immediately notify the Division in
writine when a euard doe is temaorarily or Dermanentiv removed from service due to sickness.
injury, a medical condition, or death.
(7) Guard dog services and guard dog owners shall maintain records of the
acquisition, transfer of ownership, death, or disappearance of a guard dog.
(8) The records required to be maintained herein shall be maintained for a period of
at least two (2) years from the date of creation and shall be provided to the Division upon
request unless otherwise provided herein.
Use of guard dogs.
(1) Any entity which hires or uses a guard dog shall provide adequate fencing or
some other confining structure to keen the guard dog within the guarded area. The business
owner or person responsible for managing each entity that hires or uses a guard dog is
responsible for each guard dog hired or used. The guard dog shall wear a current guard dog
registration tag with proof of rabies inoculation available for inspection by the Division and shall
be implanted with an electronic animal identification device as reauired by this section.
(2) Each entity which hires or uses a guard dog that is on the premises during its
operating hours shall have the dog confined or restrained in such a manner so as not to have
access to those areas open to the public or to otherwise pose a danger to the public.
The entity owner or person responsible for managing an entity which hires or
uses a guard dog shall be responsible for having at each appropriate location and entry point,
and at fifty -foot intervals along the fence perimeter, if applicable, a sign posted including the
words "Guard Dog" or "Dangerous Dog" in black six (6) inch high letters on a white background.
(4) Entry points shall have a sign posted with the telephone number of the dog's
trainer or handler and owner in case of an emergency.
(5) Guard dogs shall be given a humane existence, and shall at all times be
maintained in accordance with the requirements of Section 6-26. Any person who uses the
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9.A.a
service of a guard dog shall be responsible to assure that the guard dog is provided a humane
existence in accordance with Section 6-26, and shall immediately contact the Division to report
any guard dog that is sick, diseased, lame, or injured. Guard dogs that are confined in a cage
shall have at least one-half (%) hour of exercise within each eight (8) hours of confinement. It
shall be unlawful for any person, owner, or manager keeping a guard dog to fail to provide
clean, sanitary, safe, and humane conditions; sufficient quantities of wholesome food daily;
adequate quantities of visible, clean, and fresh water available at all times; proper air
ventilation and circulation; if located outside, full protection and shelter from the elements;
and medical attention and necessary veterinary care when it is sick, diseased, or injured.
No dog which has been classified as dangerous pursuant to this chapter shall be
used as a guard dog.
(7) No dog shall be used as a guard dog while it is pregnant or lactating.
(8) The Division shall impound any guard dog owned by a person that is cited and
found to be in violation of Section 6-26 herein. The guard dog may be redeemed upon
submittal of evidence satisfactory to the Division that the cause of the violation has been
remedied and any fines have been paid. The guard dog shall only be released after a
satisfactory review of the living conditions of the guard doe by an animal care officer.
(9) Each person or entity that rents or uses a guard dog to patrol the premises after
that business's operating hours shall provide adequate fencing, or some other confining
structure. to keep the Ruard doe within the premises.
10 Any dog registered or used as a guard dog shall receive a minimum of one
wellness examination every six (6) months conducted by a veterinarian licensed to practice
veterinary medicine in the State of Florida. No doe shall be registered or used as a euard doe if
a veterinarian deems that the doe is phvsically unfit to perform service as a guard d
11 Newly acquired dogs shall be immediately vaccinated against rabies, tagged, and
registered with the Division as a guard dog before being used a as guard dog.
12) Each guard dog shall be implanted with an EAID used and approved by the
Mvicinn
Transportation of guard dogs.
The vehicle of every guard dog service or owner transporting any guard dog
must be clearly marked, showing that it is transporting a registered guard dog. A compartment
separate from the driver is reauired which shall be arranged to ensure adeauate ventilation for
the dog.
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9.A.a
(2) No guard dog shall be transported in the trunk of a car or in an unenclosed
portion of a vehicle, including, but not limited to convertibles, pickup trucks, open -bed trucks,
or flat-bed trucks. However. a Ruard doR may be transported in an unenclosed Dortion of a
vehicle if the animal is securely confined within a cage. The cage must be securely anchored to
the vehicle in order to Drevent movement about the vehicle. The flooring of the cage shall be
covered in a type of material that prevents the dogs feet from burning
PART F. 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 G. 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 H. EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
PART I. 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
PART J. 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 F through J shall not be codified.
PASSED AND DULY ADOPTED this XX day of XX, 2015.
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9.A.a
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
23
County Attorney
Packet Pg. 431
9.B
ITEM NO. ORD-2015-13
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Heather Young, Asst. County Attorney
County Attorney
Public Hearing - Alarm Ordinance Amendments
DATE: 09/15/2015
*PUBLIC HEARINGS\COUNTY
ATTORNEY
Attached to this agenda item is a copy of the proposed Ordinance which would create Section 18-102
(Same -Appeals), Article IV (Alarm Systems) of the St. Lucie County Code of Ordinances. The proposed
amendment would establish a process for appealing a false alarm determination and/or fine.
Ordinance No. 15-05 provided for an October 1, 2015 effective date in order to provide for a transfer of
the alarm program to a third party administrator and to allow for the City of Fort Pierce and the City of
Port St. Lucie to adopt related amendments to their respective alarm ordinances. In order to allow
additional time for the cities to adopt these necessary amendments, the proposed ordinance would also
extend the effective date of Ordinance No. 15-05 to April 1, 2016.
PREVIOUS ACTION:
On May 19, 2015, the Board of County Commissioners adopted Ordinance No. 15-05 which amended
Chapter 18, Article IV (Alarm Systems) of the Code of Ordinances effective October 1, 2015. On August
18, 2015, the Board granted permission to advertise the proposed Ordinance for public hearing on
September 15, 2016, at 9:00 a.m. or as soon thereafter as may be heard.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board of County Commissioners adopt the proposed Ordinance, as drafted.
14ca ►] "WifR1.1raP►I_Ts"191 F
Packet Pg. 432
9.6
Coordination/Signatures
anie SW,� torney 8/28/2015
Updated: 9/15/2015 8:29 PM by Shane A. De Witt Page 2
Packet Pg. 433
9.B.a
C�]:T11�I_LL�i,L��•I���:1:1
AN ORDINANCE AMENDING CHAPTER 18, ARTICLE IV, (ALARM
SYSTEMS), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY,
FLORIDA, BY CREATING SECTION 18-102 (SAME -APPEALS) TO
ESTABLISH AN APPEAL PROCEDURE FOR DETERMINATION OF
FALSE ALARMS; EXTENDING THE EFFECTIVE DATE OF ORDINANCE
NO. 15-05, AS AMENDED, TO APRIL 1, 2016; PROVIDING FOR
SEVERABILITY; 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 November 17, 1987, the Board adopted Ordinance No. 87-44 which created
Chapter 1-2.5, "Alarm Systems", of the St. Lucie County Code of Ordinances and Compiled Laws,
to establish standards and regulate intrusion, holdup, and other emergency signals from alarm
users which require law enforcement and fire/rescue response or investigation.
2. On August 24, 1999, the Board adopted Ordinance No. 99-10 which amended
Chapter 1-2.5 to clarify and strengthen the regulation of alarm systems in the County in order to
better serve the residents of the County through more efficient use of law enforcement and
fire/rescue services.
3. 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
1-2.5 as Article IV (Alarm Systems) of Chapter 18, (Emergency Management and Emergency
Services).
4. On May 19, 2015, the Board adopted Ordinance No. 15-05 which further amended
Article VI of Chapter 40 of the St. Lucie County Code of Ordinances to ensure consistency with
the requirements of state law and to provide for a more efficient means of processing alarm
system permit applications and collecting false alarm charges effective October 1, 2015.
5. It is in the best interest of the health, safety and welfare of the County's residents
to further amend Article VI of Chapter 40 of the County Code of Ordinances to provide for appeal
of a false alarm determination and fine.
1
Underlined passages are added.
Str --- E1g passages are deleted.
Packet Pg. 434
9.B.a
6. In order to allow additional time for the local municipalities to complete adoption
of similar amendments to their respective alarm system ordinances, it is necessary to further
amend Ordinance No. 15-05 to extend the effective date from October 1, 2015 to April 1, 2016.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida, as follows:
PART A. Section 18-102 (Same -Appeals) of Article IV (Alarm Systems) of Chapter 18
(Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie
County is created to read as follows:
Sec.18-102. Same-ADDeals.
(a) An alarm user may appeal assessment of the fine(s) to the County's designated Alarm
Administrator by filing a written request for review setting forth the reasons for the appeal within
fourteen (141 calendar days of the date of the notice of the assessed fine(s). The failure to file a
request for an appeal within this time period shall constitute a waiver of the right to contest the
assessment of the fine(s). The Alarm Administrator or designee shall serve as the Hearing Officer
for all appeal hearings under this section. The filing of a request for an appeal shall stay the
assessment of the fine(s) until the Hearing Officer renders a final decision. Upon receipt of a
timelv written reauest for an aDDeal. a hearing will be scheduled before the HearinL-
Officer. Notice of the hearing will be sent to the alarm user after receipt of the request for
aaaeal. The Heariniz Officer shall conduct a heariniz and consider the evidence Dresented. At the
conclusion of the hearing, the Hearing Officer shall issue findings of fact, based upon the evidence
presented, and conclusions of law, and shall issue a written order.
(b) Any person aggrieved by a decision of the Hearing Officer pursuant to this article may,
within thirtv (30) days after rendition of the decision, petition for certiorari review to the circuit
court in the Nineteenth Judicial Circuit in and for the cou
PART B. Part M, (Effective Date) of Ordinance No. 15-05 is amended to read as follows:
PART M. EFFECTIVE DATE.
Th" ^rdi"^^�^ Ordinance No. 15-05 shall take effect on 009ber 1, 2 April 1, 2016.
PART C. 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.
2
Underlined passages are added.
St r --- e1g passages are deleted.
Packet Pg. 435
9.B.a
9_1:4 14Ii,LClViT/yl:rl:l_so] J_1:�1►�iL��tt�l��l_�i�
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 E. EFFECTIVE DATE.
This Ordinance shall take effect on October 1, 2015.
PART F. 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
PART G. 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 B through G shall not be codified.
PASSED AND DULY ADOPTED this XX day of XX, 2015.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
[-Ara
3
County Attorney
Underlined passages are added. St r --- e1g passages are deleted.
Packet Pg. 436
ITEM NO. (ID # 3050)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Leslie Olson, Planning Manager
Planning Division
DATE: 09/15/2015
*REGULAR AGENDA\PLANNING
& DEVELOPMENT SERVICES
Artistry in Mosaics - Economic Development Letter of Intent
Artistry In Mosaics is a locally owned and operated small business operating in the Fort Pierce Community
Redevelopment Area (CRA) for 28 years. The company designs, manufactures and distributes mosaic
insets and glass tile.
The company is expanding on site from their existing 6,600 sq. ft. building into an additional 14,400 sq. ft.
building. The estimated capital investment is $1,700,000.00. Following the expansion, the company plans
to hire at least ten new employees at an average of $16.51 per hour or greater, which is 100% of the St.
Lucie County average wage. Because they are located in the CRA, and because they are expanding onto a
location on which a larger structure was located prior to the 2004/2005 hurricanes, no Impact Fees will be
due.
The incentives package is contingent on Artistry in Mosaics expanding their tile manufacturing and
distribution facility in St. Lucie County and employing an additional 10 persons (full time, with benefits) at
a minimum average hourly wage of $16.51 (100% of the current average annual wage in St. Lucie County).
The incentive package includes an ad valorem tax exemption and a Job Growth Investment Grant (JGIG).
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Financial impact will be calculated at a future Board of County Commissioners meeting.
RECOMMENDATION:
Staff recommends the Board sign the Letter of Intent to offer Artistry in Mosaics an economic
development incentive package consisting of a Job Growth Incentive Grant, an Ad Valorem Tax
Exemption, and an Impact Fee Mitigation.
Packet Pg. 437
COMMISSION ACTION:
Coordination/Signatures
anie S. McIntyre, X>,gttorney 9/8/2015
Updated: 9/8/2015 11:01 AM by Donna Calise Page 2
Packet Pg. 438
August 13, 2015
Mr. Peter Tesch
Executive Director
Economic Development Council of St. Lucie County
Indian River State College — STEM Building
500 NW California Boulevard
Port St. Lucie, Florida 34986
Re: Letter of Intent —Artistry in Mosaics
Dear Mr. Tesch,
St. Lucie County is pleased to present Artistry In Mosaics a proposed economic development business
incentive package to demonstrate the County's support for expansion of its existing manufacturing
industry facility in St. Lucie County. Artistry In Mosaics is a locally owned and operated small business
operating in the Fort Pierce CRA for 28 years. The company designs, manufactures and distributes
mosaic insets and glass tile.
The company is expanding on site from their existing 6,600 sq. ft. building into an additional 14,400 sq.
ft. building. The estimated capital investment is $1,700,000.00. Following the expansion, the company
plans to hire at least ten new employees at $16.51 per hour, which is 100% of the St. Lucie County
average wage. Because they are located in the CRA, and because they are expanding onto a location on
which a larger structure was located prior to the 2004/2005 hurricanes, no Impact Fees will be due.
The incentives package is contingent on Artistry in Mosaics is expanding their tile manufacturing and
distribution facility in St. Lucie County and employing an additional 10 persons (full time, with benefits)
at a minimum average hourly wage of $16.51 (100% of the current average annual wage in St. Lucie
County.) The incentive package includes an ad valorem tax exemption and a Job Growth Investment
Grant (JGIG.)
Ad Valorem Tax Exemption
It is our understanding that Artistry in Mosaics intends to make a capital investment of $1,700,000.00
for necessary facility construction and equipment. Based on the proposed Capital Investment and the
business location in the Fort Pierce CRA, the company may be eligible for an 8-year exemption on a
declining scale, with a total value of approximately $900,000.00. To be eligible for this exemption, an
application must be submitted and the Property Appraiser must certify eligibility. In order to grant the
exemption, the Board of County Commissioners must hold a public hearing and adopt an ordinance.
County staff will assist in this process.
Job Growth Investment Grant
Packet Pg. 439
In consideration for the proposed expansion, St. Lucie County is offering Artistry in Mosaics a Job
Growth Investment Grant (JGIG) incentive in the amount of up to $16,500.00, payable in two
installments. Fifty percent of the grant will be paid upon issuance of Certificate of Occupancy for the
new facility, and the additional 50% will be paid upon demonstrated compliance with minimum
employee hiring and wage rate requirements. This grant amount is based on a commitment by the
company to use local contractors in the completion of improvements to the property, and to hire at
least 90% St. Lucie County residents.
St. Lucie County appreciates Artistry in Mosaics 28 year commitment to St. Lucie County and its plans for
expansion. We look forward to continuing a long and mutually beneficial relationship.
Sincerely,
Paula Lewis
Chair, St. Lucie County Board of County Commissioners
Packet Pg. 440