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HomeMy WebLinkAboutAgenda Packet 04.15.2014T. ® I I COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY Regular Meeting Tuesday, April, 15, 2014 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 COUNTY COMMISSION MEMBERS District No. 4 Chair FRANNIE HUTCHINSON District No. 3 Vice -Chair PAULA A. LEWIS District No. 1 CHRIS DZADOVSKY District No. 2 TOD MOWERY District No. 5 KIM JOHNSON 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 411412014 8:47 AM Regular Meeting Tuesday, April 15, 2014 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, April 15, 2014 9:00 AM I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL 1. Board of County Commissioners minutes for the meeting of Tuesday, April 01, 2014 2. Resolution 2014-46 - A resolution designating the Month of April 2014 as "Water Conservation Month". 3. Resolution 2014-47 - Adoption of a resolution proclaiming May 1, 2014 as "Law Day" in St. Lucie County, Florida. 4. Resolution 2014-48 - Adoption of a resolution proclaiming the week of May 11-17, 2014 as "Law Enforcement Week" and designating May 15, 2014 as "Law Enforcement Memorial Day" in St. Lucie County, Florida. 5. Resolution 2014-49 - Adoption of a resolution proclaiming the week of May 4-10, 2014 as "St. Lucie County Correction Officer's Week" in St. Lucie County, Florida. 6. Resolution 2014-50 - Adoption of a resolution recognizing Sylvie Kramer Marceau for her work in the field of maternal and child health in St. Lucie County, Florida. 7. Resolution 2014-54 - Proclaiming April 13-19, 2014 as "Public Safety Telecommunications Week" in St. Lucie County, Florida. V. PRESENTATIONS IRSC Capstone Projects VI. GENERAL PUBLIC COMMENT VII. CONSENT AGENDA A. WARRANTS Warrant List Numbers 24, 25 & 26 B. ADMINISTRATION 3 1 P a g e Regular Meeting Tuesday, April 15, 2014 9:00 AM There are no items scheduled. C. COUNTY ATTORNEY 1. Addendum Three to Agreement of Sale - St. Lucie Outboard Marine - Extend closing date to May 30, 2014 Staff recommends the Board approve the Addendum Three to Agreement of Sale to close with Bancshares Realty and if additional time is needed past May 30, 2014, authorize the Chair to sign the extension, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 2. Resolution 2014-51 - Right -of -Way Donation from Lucie Rock, LLC - Emerson Avenue/Laidback Way, Rock Road and Sunnyland Drive Staff recommends the Board accept the right-of-way donation from Lucie Rock, LLC contingent on the Phase I Environmental Site Assessment, authorize the Chair to sign the Resolution and direct staff to record the documents in the Public Records of St. Lucie County. 3. Resolution 2014- 52 - Donation of Road Right -of -Way on Dunn Road - Parcel ID 3403- 502-0151-000-0 (portion) Staff recommends that the Board accept the Warranty Deed from Liberty Baptist Church contingent on the Phase I Environmental Site Assessment, authorize the Chair to sign the Resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 4. Revocable License Agreement - DHS VC II, LLC transfer to Alliance Ft. Pierce, LLC Staff recommends the Board approve the transfer of the Revocable License Agreement to Alliance Ft. Pierce, LLC, authorize the Chair to sign the Revocable License Agreement and direct Alliance Ft. Pierce, LLC to record the Revocable License Agreement in the Public Records of St. Lucie County. 5. Revocable License Agreement - 219 SE Camino Street - Parcel ID 3419-515-0280-000/2 - John Donaldson Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. Donaldson to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 6. Health Department - Amendment I to Attachment II of 2013-2014 Contract Staff recommends the Board of County Commissioners approve the proposed Amendment I to Attachment II of the 2013-2014 contract with the St. Lucie County Health Department. 4 1 P a g e Regular Meeting Tuesday, April 15, 2014 9:00 AM 7. Florida Fish and Wildlife Conservation Commission - Amendment No. 1 to FY 2014 Contract 8. Fort Pierce FBO, LLC - Assignment and Assumption of Hubaire, LLC Hangar 3175 Sublease to Sierra Bravo Holdings, LLC Staff recommends that the Board of County Commissioners consent to the proposed Assignment and Assumption of the Hangar 3175 sublease from Hubaire, LLC to Sierra Bravo Holdings, LLC, and authorize the Chair to sign the Consent of St. Lucie County. 9. Resolution 2014-53 - Amending Resolution 12-047, Facility Use Policy Staff recommends that the Board of County Commissioners approve the Resolution and authorize the Chair to sign the Resolution as prepared by the County Attorney's Office. D. COMMUNITY SERVICES 1. Resolution 2014-55 - Federal Transit Administration (FTA) Stimulus Grant Board approval of the budget resolution and authorization for the Chair to sign all necessary documents. 2. Veterans Memorial Park Bid Award Board authorization to award Bid No. 14-007 for construction services to McTeague Construction Co. Inc. in the amount of $369,809 for the Veterans Memorial Park project funded under CDBG DREF, and authorization for the Chair to sign documents as approved by the County Attorney. 3. Resolution 2014-56 - Veterans Park FP Contribution Board approval of the budget resolution and authorization for the Chair to sign documents as approved by the County Attorney. 4. East/West Dunbrooke Drainage Project Bid Award Board authorization to award Bid No. 14-013 for construction services to Melvin Bush Construction for the East/West Dunbrooke drainage project in the amount of $190,492.40, which includes the Base Bid and Alternate Bid No. 1 funded under CDBG DREF, and authorization for the Chair to sign documents as approved by the County Attorney. 5. Resolution 2014-57 - Dunbrooke PSL Contribution Board approval of the budget resolution and authorization for the Chair to sign documents as approved by the County Attorney. 6. Parks Edge Bid Award Board authorization to award Bid No. 14-009 for construction services to Melvin Bush Construction for the Parks Edge drainage project in the amount of $1,071,483.18, which 5 1 P a g e Regular Meeting Tuesday, April 15, 2014 9:00 AM includes the Base Bid and Alternate Bids 1 and 2 funded under CDBG DREF, and authorization for the Chair to sign documents as approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET Utility System Improvement and Refunding Bond Board approval of the budget resolution. J. PARKS, RECREATION, & FACILITIES There are no items scheduled. K. PLANNING AND DEVELOPMENT SERVICES Creekside Plat No. 3 Board approval of the plat for Creekside Plat No. 3 and authorization for the Chair to sign documents as approved by the County Attorney. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Header Canal at Canal No. 74 Headwall Improvements - Acceptance of Project Board acceptance of the Header Canal at Canal No. 74 Headwall Improvements project. 2. 18601 Orange Avenue Culvert Sleeving - Acceptance of Project Board acceptance of the 18601 Orange Avenue Culvert Sleeving project. 6 1 P a g e Regular Meeting Tuesday, April 15, 2014 9:00 AM 3. Indian River Estates Stormwater Improvements Phase II Board approval to reallocate $90,000 of the contingency fund and Second Amendment to Work Authorization No. 1 (C09-08-289) with Dunkelberger Engineering & Testing, Inc. for Indian River Estates Stormwater Improvements Phase II. 4. Citrus & Saeger Stormwater Improvements Board approval of DEP Agreement No. G0382 in the amount of $500,000 and Budget Resolution establishing funds for the White City Drainage Project - Citrus & Saeger Stormwater Improvements and authorization for the Chair to sign documents as approved by the County Attorney. 5. Gazzara Retail Building Board approval of the final acceptance of the off -site improvements and release of surety in the amount of $12,515.67. N. SHERIFF'S OFFICE Authorization to submit an electronic application for the 2014 State Criminal Alien Assistance Program (SCAAP) Grant Staff Recommends that the Board of County Commission approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2014 State Criminal Alien Assistance (SCAAP) Program Grant offered by the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA). O. SOLID WASTE Equipment Purchase Add -On Recommend Board approval to purchase a 930 Loader from Kelly Tractor for a total cost of $204,500. P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES 7 1 P a g e Regular Meeting Tuesday, April 15, 2014 9:00 AM There are no items scheduled. VIII. PUBLIC HEARINGS There are no items scheduled. IX. REGULAR AGENDA There are no items scheduled. X. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Meeting on May 13, 2014 at 9:00 a.m. in Conference Room #3. XI. MOTION TO ADJOURN 8 1 P a g e 4.1 S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Regular Meeting April 1, 2014 Convened: 6:00 PM Adjourned: 7:45 PM I. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 4 Chair Frannie Hutchinson Attendee Name Frannie Hutchinson Title District No. 4 Chair District No. 3 Vice -Chair District No. 1 atus Arrived Present 6:00 PM Paula A. Lewis Present 6:00 PM Chris Dzadovsky Present Present 6:00 PM 6:00 PM Tod Mowery District No. 2 Kim Johnson District No. 5 Present 6:00 PM Faye W. Outlaw County Administrator Present 6:00 PM Bob Bentkofsky Deputy County Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Marie Gouin Office of Management & Budget Director Present 6:00 PM Mark Satterlee Planning & Dev Director Present 6:00 PM Tara Raymore Director of Human Resources Present 6:00 PM Karen L. Smith Environmental Resources Department Director Present 6:00 PM Ken J. Mascara Sheriff Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Sue Korunow Recording Secretary Present 6:00 PM J Q O W a. U) z O a a J L) O W a. 0 z Q U) w z 2 Generated 41412014 4:35 PM Packet Pg. 9 Regular Meeting Tuesday, April 1, 2014 6:00 PM 4.1 II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL Prior to the votes and reading of the minutes Commissioner Hutchinson noted the changes to the agenda which are the additions of Resolution 2014-45 "Elder Care Day" and Regular Agenda Item number 3, "The County Administrator Search Update". Items moved on the agenda include: "IX2. The Roberts Preserve" moved from the Consent Agenda to the Regular Agenda and Item "IX4. Canal 103" moved from Planning and Zoning to the County Attorney Section. No Items have been pulled at this time. 1. Board of County Commissioners - BOCC Special Meeting - Mar 11, 2014 9:00 AM RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 2. Board of County Commissioners - Regular Meeting - Mar 18, 2014 9:00 AM RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 3. Resolution 2014-40 - Adoption of a resolution proclaiming the month of April 2014 as "Guardian ad Litem Month" in St. Lucie County, Florida. Vern Melvin, Circuit Director of the 19th Circuit Guardian Ad Litem Program and Volunteer Recruiter, Gail Griffith came forward to accept the proclamation from Commissioner Hutchinson. Mr. Melvin thanked the Commissioners for the recognition and provided background information on the program. He noted that the program is short about 180 volunteers and this continues to be one of the big challenges for the them. He then asked Ms. Griffith to say a few words. Ms. Griffith gave a plea for more volunteers to stand up and become the voices of the children whose voices have been silenced by violence and abuse. She stated that one voice can help one child which will have an impact on the community and our future. She stated that a voice can help to break the cycle of abuse, provide a child with a better future and provide a child with hope. She asked that the community consider the program as a volunteer opportunity stating, you have to sow in order to reap the benefits of a better community. She directed J Q O W a a Q U) z O Q a J U O W a 0 z Q U) w z 2 2 1 P a g E Packet Pg. 10 Regular Meeting Tuesday, April 1, 2014 6:00 PM 4.1 interested parties to the Guardian Ad Litem website at www.GuardianadLitem.org to read more about the program or to give her a call at 772.785.5804. She then provided the Commissioners with a pamphlet on the program and pin to commemorate the 35th Anniversary of the Florida Guardian Ad Litem Volunteer Program to show their support for the program. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 4. Resolution 2014-41 - Adoption of a resolution proclaiming Sunday, April 6 through Saturday, April 12, 2014 as "Crime Victims Rights Week" in St. Lucie County, Florida. Sheriff Ken Mascara accepted the proclamation from Commissioner Hutchinson on behalf of the Victims in St. Lucie County and thanked the Commissioners for their recognition. He then thanked them on behalf of the 680 professionals of the St. Lucie County Sheriff's Office including himself and 3 Victims Advocates. He stated that they have a week of events planned during the Crime Victims Rights Week and directed interested parties to contact either himself at the Sheriff's office or State Attorney's office to receive a list of those events. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 5. Resolution 2014-44 - Adoption of a resolution proclaiming April 5, 2014 as "Childrens Day" and April 6, 2014 as "Parents and Childrens Day" in St. Lucie County, Florida. Commissioner Hutchinson invited Tony Loupe, CEO of the Early Learning Coalition and Director of Programs for Early Learning Coalition, Deb Labella to accept the Proclamation and as they made their way to the front she drew the attention of the Commissioners to the walls behind the dais which had been decorated due to their hard work all afternoon. She stated that while in Tallahassee and saw similar decorations hanging from the ceiling of the Rotunda and it was really something to see. Mr. Loupe thanked the Commissioners for the Proclamation honoring the children and families of our County and the State. He noted that as Commissioner Hutchinson stated the "Hanging of the Hands" at the State Capital is an awesome site but we felt that we wanted to bring it to the local level as well. He stated that the Coalition is having it's 8th Annual Family Fun Fair this Saturday, April 5th, in celebration of Children's Week and Children's Day at John B. Park from 11:00AM - 2:OOPM. All the activities and entertainment are free. J Q O W a a Q U) z O H Q a J U O W a 0 z Q U) w z 2 3 1 P a g e IPacket Pg. 11 Regular Meeting Tuesday, April 1, 2014 6:00 PM 4.1 The Coalition subsidizes childcare for working families or members going to school and can't afford to pay for childcare. They also administer the Voluntary Pre -Kindergarten (VPK) Program and offer wealth of childcare resources for information & referral as well as a father/child connection program. He then thanked the Commissioners again for the honor, proclamation and support. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 6. Resolution 2014-45 - Proclaiming April 5, 2014 as "Elder Care Day" in St. Lucie County, Florida Stephanie Morgan, Board President of the Boys & Girls Club thanked the Commissioners and introduced long-time Board Member, Charles Cumo; Chief Executive Officer, Michael Sancho and Club Director, Lundon Reeves and Club Member, Leeandrea Jones from St. Lucie County who will be speaking tonight. Ms. Jones introduced herself as the president at Chuck Hill Unit Keystone Teens with Ambitions Club at the Boys & Girls Club of St. Lucie County. She stated that they are involved with the League 360 with the Jefferson Awards for the Public Service which challenges youth to come up with great big meaningful, public service, community projects. She said most do community cleanup projects but they had decided to focus on Elderly Care. April 5th, 2014 is a county- wide Elderly Care day. Over 1,000 youth will be participating to bring joy and cheer to elders county -wide. Mr. Cumo was asked by Commissioner Johnson to speak on behalf of the Club and he provided background information on the program and his personal history/longevity with the program which includes 26 years involvement with the Club. He provided a snapshot of statistics on what they are doing in the County as follows: Last year they served over 6,000 youth in the County; 3,207 Registered Members, served at 16 locations throughout the County; 12 school - based Clubs; 4 traditional Club houses - 2 in Fort Pierce, 2 in Port St. Lucie; Over 2,000 youth to receive academic assistance with homework; Over 800 youth prevention program training on how to avoid negative behaviors such as gang involvement, drug use, alcohol use; 92% of youth received at least a passing grade in Math; 94% received at least a passing grade in Literacy; Zero teen pregnancies. He stated that they are just here for youth, to teach them and to help lead the way. He encouraged everyone to go to www.myclubmylife.com - the Boys & Girls Club website to vote for Leeandrea who is a finalist in the SMART Girls Ambassador contest. Voting will end at 2:59 p.m. ET, Thursday, April 10, 2014. Commissioner Dzadovsky asked how interested parties can find ways to help and Mr. Cumo stated that they can find all that information by visiting the website at www.BGCofSLC.org. There they will find links for volunteer and donation opportunities, mentoring opportunities are also available. J Q O W a a Q U) z O H Q a J U O W a 0 z Q U) w z 4 1 P a g E IPacket Pg. 12 4.1 Regular Meeting Tuesday, April 1, 2014 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson V. PRESENTATIONS J Q There are no items scheduled. 0 a a Q VI. GENERAL PUBLIC COMMENT z 0 Arlene Goodman, White City - Ms. Goodman was here to ask a question regarding the Midway Road Corridor. She wanted to know whether or not the Midway Road Corridor expansion Plans had been completed or if they are was still time to make changes to the Plan. 0 W a Commissioner Hutchinson asked either the County Engineer or Director of Public Works for confirmation Z regarding whether or not the Plan could be finalized by FDOT if all of the needed acquisitions, such as the Q right-of-way acquisition had not been completed. Hopefully by the end of tonight we will have everything in LU place and the Plan should be in place. z 2 Ms. Goodman stated that she was asking for the information in preparation for a meeting she is having with an FDOT representative Thursday AM to talk about the "taking" in front of the White City Improvement Club. She also stated that she had received calls from residents close to the Club due to a recent newspaper article who want to know if there is time left for input regarding placement of sidewalks on the south side, maybe making it a little more narrow as well as saving some of the old oak trees that have been there for such a long time. She stated they never had an opportunity to talk about preservation with FDOT which is one of the biggest reason why she wants to know whether the Plan is set in stone or not before her meeting or do they have a chance to make any changes to the landscape planned for the area. County Engineer introduced himself and stated there will be no changes to the Plan. He stated that they have gone to great lengths to make sure that it has remained the same over the years. He also noted that the Plan is the same as he had discussed with Ms. Goodman in years prior, no changes had been, nor will be made, from this point forward. Commissioner Hutchinson added that a few years ago they had pulled out the street lighting and landscaping from the Plan but they have now been added back. Ms. Goodman was pleased to receive this information and thanked the Board. John Arena, Fort Pierce - Mr. Arena made comments regarding the changes in the environment and how those changes have changed the public's everyday lives including his own. Mike Ellio, 3402 Avenue G, Fort Pierce - Mr. Ellio was there to address the noise and animal control issue caused by dozens, if not hundreds of free range chickens in his neighborhood which the neighbors have been trying for a decade to get someone to do something about. 5 1 P a g E IPacket Pg. 13 4.1 Regular Meeting Tuesday, April 1, 2014 6:00 PM We've tried with Code Enforcement and Animal Control for years to have something done but they keep receiving different reasons for why they can't do anything. In 2008, he finally got Code Enforcement to come out and look at the conditions on Avenue F and they told the people on Avenue F with chicken coops to remove the chicken coops and then no one can ticket you or bother you about the chicken coops. Since then, we've had these chickens running loose all over the neighborhood propagating in the woods and our backyards and nothing can be done about it. Animal Control tells us they do not have the resources or the manpower to control this problem and they also give us the argument that they are considered wildlife therefore nobody can do anything about it; they have a right to be breeding and propagating in our neighborhoods. He stated that it's ruining the quality of their lives, they can't sleep, can't keep their windows open, they hear them all day long. Starting from 3 o'clock in the morning till sundown - dozens of chickens screaming back and forth at each other screaming individually. They have not spread to Avenue G and are right next to their houses and their neighborhood has basically become unlivable. He then stated he doesn't see how he was going to be able to live in his house for the rest of his life surrounded by what is basically a chicken farm or chicken preserve. He doesn't know how he's going to be able to sell the house. If anyone came to look at his house, he doesn't see why anybody in their right mind would want to move in with all the chickens running up and down the street in addition to other noise sources that they haven't been able to do anything about. Which is why they've come to see what could be done about the matter. He doesn't believe Animal Control does not have any jurisdiction over these animals, he's talked to Florida Fish and Wildlife and the chickens are not considered wildlife, they are domestic animals. He stated that our own County ordinances identify poultry as a domestic animal, not livestock or wildlife. Owners of domestic animals are defined as anybody who harbors or feeds the animals for five days or more, they do not require shelters, it states feed or shelters. So these people who are feeding the chickens in their backyards everyday, causing them to reproduce at an alarming rate, are in effect, by law, the owners of these chickens but nobody will do anything about them. The chickens are a nuisance running all over the place screaming and getting into our garbage. Commissioner Hutchinson recommended that he set up a meeting and asked that he give his contact information to her assistant. Upon further conversation it became clear that Commissioner Dzadovsky was already aware of the situation Mr. Ellio was speaking about and Commissioner Hutchinson stated perhaps Commissioner Dzadovsky might be the better contact for further conversation since he's already been in contact with Code Enforcement about the matter. Commissioner Hutchinson recommended that Mr. Ellio give Commissioner Dzadovsky's assistant his contact information and set up an appointment to discuss the matter further to see what could be done to remedy the situation. J Q O W a a Q U) z O Q a J U O W a 0 z Q U) w F- z 6 1 P a g e IPacket Pg. 14 4.1 Regular Meeting Tuesday, April 1, 2014 6:00 PM VI I. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson A. WARRANTS Q O Warrant List No. 23 a- a a a B. ADMINISTRATION z O_ There are no items scheduled. a C. COUNTY ATTORNEY U O 1. Resolution 2014-43 - Purchase Agreement - Midway Road right-of-way and portion of a White City Park - Parcel ID 3403-502-0111-000-8 Z Q 2. Contract for Sale and Purchase - Eaves and Adams - Eaves Parcel ID 3101-332-0001- w 0006, 3112-221-0001-000-9 (partial), 3111-111-0001-000-8 (partial) and Adams Parcel z I D 3102-444-0001-000-3 3. Pepper Park - Sovereignty Submerged Lands Lease Renewal - BOT File No. 561411748 a 0 0 D. COMMUNITY SERVICES C° There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. �4i<1�I100-011 I4011fel1111.1*1911J.To*1 There are no items scheduled. G. HUMAN RESOURCES Employee Health Center Improvements H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 7 1 P a g e Packet Pg. 15 Regular Meeting 4.1 Tuesday, April 1, 2014 6:00 PM There are no items scheduled. J. PARKS, RECREATION, & FACILITIES There are no items scheduled. K. PLANNING AND DEVELOPMENT SERVICES Air Traffic Control Tower Line of Sight Vegetation Maintenance - Work Authorization L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS There are no items scheduled. N. SHERIFF'S OFFICE 2014 Adam Walsh Act (SMART) Grant O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. Q. UTILITIES There are no items scheduled. VIII. PUBLIC HEARINGS A. PLANNING AND DEVELOPMENT SERVICES IMPACT FEE ORDINANCE UPDATES Items VIII.A. were heard concurrently, Director of Planning and Development provided background information on the Update to the Impact Fee Ordinances stating this is the 2nd reading and it has been advertised in the St. Lucie Tribune as required. The Director noted the changes as follows: 1. Address the situation found with pulled permits which have never been completed. The changes will allow them to take the money received and place them into an escrow fund rather than the Capital Account which had previously been done. The funds will be 8 1 P a g e Packet Pg. 16 Regular Meeting Tuesday, April 1, 2014 6:00 PM 4.1 held in the escrow fund until a Certificate of Occupancy (CO) is received for the project, at that time funds will be moved into the Capital Account and available for use. He stated that this process would prevent them from relying on those pending funds until they are actually available. If there no CO has been issued, staff will contact the person who pulled the permit and offer their money back over a period of 3 years. 2. Change the interest rate to tracking the Florida Prime Rate. J a He noted they made minor changes to verbiage as follows: Changing to "no CO" rather 0 than "no construction" because the CO is more consistent with how it actually works on a a project; changing the language to read "for refunds to a occur within 3 years of permit U) expiration" rather than the "date of permit issuance". We are also making it clear that z these changes apply to future Impact Fees only. a a Commissioner Hutchinson asked if these statements are applicable to all 7 ordinances v and the Director confirmed so. She then asked for guidance from the County Attorney 0 regarding whether or not the Director needs to restate the information for each a ordinance. County Attorney stated that it can incorporate Staff comments on each of Q the 7 ordinances without having to restate them. U) w 1. Ordinance 2014-10 - Roads - FKA Ordinance 2013-23 / St. Lucie County Impact Fee Z Ordinance Updates - Legislative Hearing 2 RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 2. Ordinance 2014-11 - Libraries - FKA Ordinance 2013-24 / St. Lucie County Impact Fee Ordinance Updates - Legislative Hearing This ordinance was heard concurrently with Item VIIIAI. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 3. Ordinance 2014-12 - Public Buildings - FKA Ordinance 2013-25 / St. Lucie County Impact Fee Ordinance Updates - Legislative Hearing This ordinance was heard concurrently with Item VIIIAI. 9 1 Packet Pg. 17 4.1 Regular Meeting Tuesday, April 1, 2014 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 4. Ordinance 2014-13 - Parks & Recreation - FKA Ordinance 2013-26 / St. Lucie County Impact Fee Ordinance Updates - Legislative Hearing This ordinance was heard concurrently with Item VIIIAI. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 5. Ordinance 2014-14 - Law Enforcement - FKA Ordinance 2013-27 / St. Lucie County Impact Fee Ordinance Updates - Legislative Hearing This ordinance was heard concurrently with Item VIIIAI. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 6. Ordinance 2014-15 - Fire/EMS Protection - FKA Ordinance 2013-28 / St. Lucie County Impact Fee Ordinance Updates - Legislative Hearing This ordinance was heard concurrently with Item VIIIAI. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 7. Ordinance 2014-16 - Educational Facilities - FKA Ordinance 2013-29 / St. Lucie County Impact Fee Ordinance Updates - Legislative Hearing This ordinance was heard concurrently with Item VIIIAI. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson IX. REGULAR AGENDA I���1�1�1i• �. �'Ltt��1.�►1�'1 J a O Ix a a a z O H a a J U O W a 0 z Q w z 2 10 1 Packet Pg. 18 Regular Meeting Tuesday, April 1, 2014 6:00 PM 4.1 1. Proposed Agreement with Jacoby Synergy Renewables County Attorney provided background information on the Proposed Agreement with Jacoby Synergy Renewables (JSR) and it's letter of intent. Based on the facts set forth above, staff recommended that the Board authorize the County Administrator to terminate the County's negotiations with Jacoby Synergy Renewables. Staff also recommended that the Board direct staff to examine all commercially available options for improving the County's solid waste management program and then report back to the Board. Commissioner Dzadovsky moved to take staff recommendation that due to the substantial changes to the original agreement, they cancel the agreement with JSR and revisit at an informal meeting with other options. Commissioner Lewis seconded with a comment stating that it's been a long hard road working to get to this point. She thanked those who have worked on the project but it's only on the promise that the project will continue moving forward that she will support the motion with a second. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 2. Petravice Preserve fka Roberts Preserve / Florida Communities Trust - FCT Project 11- 054-FF11 - Parcel ID 3403-502-0215-000-7 The Property Acquisitions Manager provided background information and presentation on the Roberts Preserve purchase. Staff recommended the Board reject Ms. Baldwin requested allocation of an additional $170,000.00 from the County. Staff recommended the Board counter with a purchase price of $770,000.00 ($382,500 FDEP / $387,500 SLC) for the 24.7 acres based upon the opinion of Fuller- Armfield-Wagner Appraisal & Research, Inc. subject to FDEP approval, direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. It was moved by Commissioner Dzadovsky and seconded by Commissioner Mowery to approve staffs recommendation based on all relevant information provided by staff and the agreement with FDEP staff as indicated. J a O W a a a U) z O a a J U O W a 0 z Q U) w F_ z 2 111 P a g Packet Pg. 19 Regular Meeting Tuesday, April 1, 2014 6:00 PM 4.1 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 3. County Administrator Search Update Certified Public Accountant, Colin Baenziger with Colin Baenziger & Associates (CBA), provided Commissioners with an update on the search's progress notifying them that 2 p of the 4 candidates in the search were no longer in the running. Paul Dusek had a withdrawn his application due to pressure from his community for a decision and Lee a Smith was nominated for the County Administrator position in Chatum County, GA. He z noted that although he has not received an official notice from Mr. Smith of his withdrawal assumes he will receive it. a Q J He noted that there are two candidates remaining; former City Manager in Cape Coral, o Terry Stewart and current City Manager of Loxahatchee Groves, Mark Kutney. He stated a they searched and received an additional application for consideration from Howard Z Tifton who is currently the County Administrator for Brevard County. Mr. Tifton is Q officially retiring from Brevard County this year but not yet ready to stop working so he W will be available for service as of November if the Board is willing. z 2 Mr. Baenziger stated that they are continuing to look and will wait one more day but they will close the doors completely Wednesday. He pointed out that they have 3 good c candidates if they accept Mr. Tifton's application along with those of the previously R accepted Mr. Steward and Kutney. He is hopeful that they may even pick up another r one or two before the doors close tomorrow. N Commissioner Dzadovsky asked when Mr. Baenziger might have additional material on the new candidate and he stated they have some additional information on the Smith and Kutney which they will supply to each of the Commissioners on Wednesday and they will have the information on Mr. Tifton by Friday for review. Discussion took place between the Board regarding whether or not they were willing to wait the length of time Mr. Tifton would take before he would be available for employment and if not, should they not consider his application at all. After discussion it was agreed they would move forward with his application, the Meet and Greet date and interviews as planned. At that time, should they end up choosing a candidate such as Mr. Tifton whose employment package required a later start date, there would be an interim County Administrator appointed or perhaps the current County Administrator would consider extending her retirement date until the new Administrator could come on board. What was decided was the Board would take it one step at a time and deal with whatever situation presented itself at the time. 12 1 Packet Pg. 20 4.1 Regular Meeting Tuesday, April 1, 2014 6:00 PM Motion to: Add Additional Candidate Howard Tiftan for County Administrator Consideration RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 4. Canal 103 - Easement from the City of Port St. Lucie - Interlocal Agreement for Right -of- a Way Improvements Relating to Widening of Midway Road from Selvitz Road East to p South 25th Street a County Administrator provided background information on the project noting that if the a N Interlocal Agreement is passed it still requires approval by the City of Port St. Lucie, a 1st p and 2nd reading before it will be finalized. The plan is to bid this project in May or June a of this year, if it goes forward. Q J U Staff recommended the Board approve the Interlocal Agreement and authorize the 0 Chair to sign the Interlocal Agreement. a 0 z Commissioner Dzadovsky asked some questions regarding the easement and future Cn ownership and maintenance of that easement. County Attorney confirmed that the easement document is very specific in making sure we have the ability to do everything z we need to do to build and maintain the road. Commissioner Johnson asked for confirmation if project comes in under budget Board would not have to expend funds a and County Attorney confirmed that to be correct. g RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson B. PLANNING AND DEVELOPMENT SERVICES 1. Resolution 2014-42 - Eminent Domain Waiver Eligibility for Two Florida Department of Transportation (FDOT) Public Transportation Projects Senior Planner, Planning and Development Services provided a presentation on Resolution 2014-42 - Eminent Domain Waiver Eligibility for Two Florida Department of Transportation (FDOT) Public Transportation Projects. She recommended the Board adopt the Resolution approving the eligibility of Eminent Domain Waivers for two (2) FDOT public transportation projects on portions of SR- 713/Kings Highway, SR- 614/Indrio Road and SR-70/Okeechobee Road. Commissioner Dzadovsky asked how many properties would be substantially impacted to change the conformity of the properties. She stated that they sent out 100 letters but only a handful of variance requests had been received. He then asked if any of the properties are adjacent to the municipality of Fort Pierce and if it would it affect the City 13 1 Packet Pg. 21 Regular Meeting Tuesday, April 1, 2014 6:00 PM 4.1 going forward. She stated that there was a project which has a parcel owned by the City on King's Highway and they are aware of the process. Staff was asked if the City of Fort Pierce had or is adopting the same Eminent Domain Waiver and it was confirmed they have not at this time. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson X. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Meeting on April 8, 2014 at 9:00 a.m in Conference Room #3. Commissioners will be providing an update on many of their Legislative trips done both at the State and Federal level to make sure everyone is on the same page at the Informal Meeting on April 8, 2014. Commissioner Dzadovsky noted that the Oyster Fest will be held at RiverWalk Downtown Community Center, 600 Indian River Drive, Fort Pierce on Saturday, April 5th. Oyster Fest is a fundraiser for a group know as Sea Life Habitat Improvement Project which is raising money to sink a ship off shore for tourism and fish habitat. They also donate funds to the oyster restoration project that are ongoing in the County. XI. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. J Q O W a a Q U) z O Q a J U O W (L 0 z Q U) w z 2 141 Packet Pg. 22 4.2 ITEM NO. RES-2014-46 TO: DATE: 04/15/2014 AGENDA REQUEST *PROCLAMATIONS/PRESENTAT IONS Board of County Commissioners Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution 2014-46 - A resolution designating the Month of April 2014 as "Water Conservation Month". BACKGROUND: Kathy LaMartina with South Florida Water Management District, has requested that this Board designate the month of April 2014 as "Water Conservation Month" in St. Lucie County, Florida. The attached proclamation has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures ti anie s. McIntyre, Cnty 'ttorney 3/20/2014 Packet Pg. 23 4.2.a RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF APRIL 2014 AS "WATER CONSERVATION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Water is a basic and essential need of every living creature. 2. The State of Florida, Water Management Districts and St. Lucie County are working together to increase awareness about the importance of water conservation. 3. April, typically a dry month when water demands are highest, is annually designated as Water Conservation Month, to educate citizens about they can help save Florida's precious water resources. 4. St. Lucie County encourages and supports wtaer conservation, through various educational programs and special events. 5. Every business, industry, school and citizen can make a difference and help by 0 efficiently using water, thus promoting a healthy economy and community. a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 1i County, Florida: N v) 1. This Board does hereby proclaim the month of April 2014 as "WATER CONSERVATION MONTH" in St. Lucie County, Florida. 2. This Board urges all citizens and businesses in St. Lucie County to help protect our precious resource by practicing water saving measures an becoming more aware of the need to save water. PASSED AND DULY ADOPTED this 15th day of April 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 24 4.3 ITEM NO. RES-2014-47 TO: DATE: 04/15/2014 AGENDA REQUEST *PROCLAMATIONS/PRESENTAT IONS Board of County Commissioners Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution 2014-47 - Adoption of a resolution proclaiming May 1, 2014 as "Law Day" in St. Lucie County, Florida. BACKGROUND: The St. Lucie County Bar Association has requested that this Board proclaim May 1, 2014 as "Law 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 LIVE- Na—nieyS. McIntyre, County Attorney 4/3/2014 Packet Pg. 25 4.3.a RESOLUTION A RESOLUTION PROCLAIMING MAY 1, 2014 AS "'LAW DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Seeking to formally recognize the role that the rule of law plays in the foundation of a free, just and safe society, May Vt was declared as "Law Day" by the United States Congress in 1958. 2. Law Day continues to be a day of public acknowledgment of our nation's and the State of Florida's heritage of justice, liberty and equality under the law. 3. In honor of the 50' anniversary of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, two landmark pieces of legislation, the American Bar Association has declared the theme for Law Day 2014 as "American Democracy and the Rule of Law: Why Every Vote Matters". 4. Voting is the cornerstone of our democratic government. Citizen participation in the political process ensures that government is truly by the people and reinforces the legitimacy of the rule of law. 5. Every eligible voter is entitled to have any equal opportunity to be heard at the ballot box. 6. Local, state, and federal government all benefit when citizens exercise their right to vote, thereby ensuring that our government truly reflects the people whom it represents. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 1, 2014 as "LAW DAY" in St. Lucie County, Florida and calls upon all residents, parents, children, teachers, business and community leaders to participate in scheduled observances and celebrations of Law Day 2014, and use this occasion to preserve, strengthen and honor our commitment to the rule of law and justice for all by participating in Law Day activities. PASSED AND DULY ADOPTED this 15th day of April 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 26 4.4 ITEM NO. RES-2014-48 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney DATE: 04/15/2014 *PROCLAMATIONS/PRESENTAT IONS SUBJECT: Resolution 2014-48 - Adoption of a resolution proclaiming the week of May 11-17, 2014 as "Law Enforcement Week" and designating May 15, 2014 as "Law Enforcement Memorial Day" in St. Lucie County, Florida. BACKGROUND: The Sheriff's Office has requested that this Board proclaim the week of May 11-17, 2014 as "Law Enforcement Week" and designate May 15, 2014 as "Law Enforcement Memorial 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 4anieYs. McIntyre, C my ttorney 4/3/2014 Packet Pg. 27 4.4.a RESOLUTION A RESOLUTION PROCLAIMING THE WEEK OF MAY 11-17, 2014 AS "LAW ENFORCEMENT WEEK" AND DESIGNATING MAY 15, 2014 AS "LAW ENFORCEMENT MEMORIAL DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Congress and President of the United States have designed May 15, 2014, as Peace Officers' Memorial Day, and the week in which it falls as Law Enforcement Week. 2. The St. Lucie County Sheriff's Office has been constituted by the State of Florida to uphold the laws and play an essential role in safeguarding the rights and freedoms of the citizens of St. Lucie County. 3. It is important that all citizens know and understand the problems, duties, and responsibilities of their law enforcement agencies, and that members of our Sheriff's Office recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation. 4. The men and women of the law enforcement agency of St. Lucie County unceasingly provide a vital public service. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 11-17, 2014 as "LAW ENFORCEMENT WEEK" in St. Lucie County and calls upon all citizens of St. Lucie County and upon all patriotic, civic, and educational organizations to observe that week with appropriate ceremonies commemorating law enforcement and detention deputies, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities, and in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. 2. This Board further encourages all citizens of St. Lucie County to observe Thursday, May 15, 2014, as "LAW ENFORCEMENT MEMORIAL DAY" in honor of those law enforcement officers who, through theircourageous deeds, have made the ultimate sacrifice in service to their community or have lost their lives or become disabled in the performance of their duty, and let us recognize and pay respect to the survivors of our fallen heroes. PASSED AND DULY ADOPTED this 151h day of April, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 28 4.5 ITEM NO. RES-2014-49 J DATE: 04/15/2014 41, ` R I ` A AGENDA REQUEST *PROCLAMATIONS/PRESENTAT IONS TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution 2014-49 - Adoption of a resolution proclaiming the week of May 4-10, 2014 as "St. Lucie County Correction Officer's Week" in St. Lucie County, Florida. BACKGROUND: The Sheriff's Office has requested that this Board proclaim the week of May 4-10, 2014 as "St. Lucie County Correction Officer's Week" 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 4amieYs. McIntyre, C my ttorney 4/14/2014 Packet Pg. 29 4.5.a RESOLUTION A RESOLUTION PROCLAIMING MAY 4, 2014 THROUGH MAY 10, 2014 AS "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The week of May 4, 2014 through May 10, 2014 has been designated as National Correction Officer's Week. 2. Correction Officers are responsible for the infinitely difficult task of providing for the care and custody of approximately 1,217 inmates held each day in the county's detention facilities. 3. Correction Officers play a vital role in protectingthe rights of the publicto be safeguarded from criminal activity; and the operation of a detention facility represents a crucial component of the criminal justice system. 4. This Board wishes to acknowledge Sheriff Ken J. Mascara and the 225 sworn certified correction officers of the Department of Detention. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 4, 2014 through May 10, 2014 as "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to recognize our Correction Officers for the fine job they do in protecting the rights of the citizens of St. Lucie County. PASSED AND DULY ADOPTED this 15`h day of April, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTION: COUNTY ATTORNEY Packet Pg. 30 4.6 ITEM NO. RES-2014-50 J DATE: 04/15/2014 COUNTY ` R I ` A AGENDA REQUEST *PROCLAMATIONS/PRESENTAT IONS TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution 2014-50 - Adoption of a resolution recognizing Sylvie Kramer Marceau for her work in the field of maternal and child health in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board recognize Sylvie Kramer Marceau for her passion and tenacious leadership that literally transformed a maternal child health system for moms and babies 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 4amieYs. McIntyre, C my ttorney 4/3/2014 Packet Pg. 31 4.6.a RESOLUTION A RESOLUTION RECOGNIZING "SYLVIE KRAMER MARCEAU" FOR HER WORK IN THE FIELD OF MATERNAL AND CHILD HEALTH IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. During the first full week in April of each year, the American Public Health Association brings together communities across the United States to observe National Public Health Week as a time to recognize the contributions of public health. 2. This National Public Health Week, we commemorate and recognize a Public Health Hero, "Sylvie Kramer Marceau" for her passion and tenacious leadership that literally transformed a maternal child health system for moms and babies in St. Lucie County. 3. Sylvie began her work in the field of maternal and child health in St. Lucie County in 1991 as a faculty member of the University of South Florida, College of Public Health, where she was assigned to the St. Lucie County Health Department to examine the delivery of health services to pregnant women and infants with poor outcomes, poor access to care and high rates of infant morbidity and mortality. 4. After implementing an effective and efficient obstetric delivery system, the County saved millions of dollars. 5. In the year 2000, Sylvie founded the Healthy Start Coalition of St. Lucie County and Kids Connected by Design (KCBD), an umbrella organization that tied together three organizations involved with the care of women, babies and children, the Healthy Start Coalition, Healthy Families and Healthy Kids. 6. Sylvie increased access to pre -natal care, teen births dropped sign ificantly,mother-to-baby transmission of HIV went from 30 percent to zero and infant mortality rates dropped from a high of 11.7% in 1993 to 4.7% in 2011. 7. Sylvie passed away in 2011, but her legacy lives on through the work of 15 programs operating under the Kids Connected by Design umbrella. These programs serve over 16,500 children and families a year. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that this Board does hereby recognize and appreciate the passion and leadership of "Sylvie Kramer Marceau" as a Public Health Hero in the field of maternal and child health in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 15`h day of April 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 32 4.7 ITEM NO. RES-2014-54 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: ci inirrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 04/15/2014 *CONSENT AGENDA\COUNTY ATTORNEY Resolution 2014-54 - Proclaiming April 13-19, 2014 as "Public Safety Telecommunications Week" in St. Lucie County, Florida. It has been requested that the Board proclaim April 13-19, 2014 as "Public Safety Telecommunications Week" 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 anie 5. McIntyre, 7 my ttorney 4/14/2014 Packet Pg. 33 4.7.a RESOLUTION A RESOLUTION PROCLAIMING THE WEEK OF APRIL 13-19, 2014 AS "PUBLIC SAFETY TELECOMMUNICATIONS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Emergencies that require police, fire or medical services can occur at anytime. 2. When an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property. 3. The safety of our police officers and firefighters is dependant upon the quality and accuracy of information obtained from citizens who telephone the St. Lucie County Public Safety/911 communications center. 4. Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services. 5. Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety. 6. The St. Lucie County Public Safety 911/Dispatchers and the St. Lucie County Fire Dispatchers have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients. 7. Each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of April 13-19, 2014, as "PUBLIC SAFETY TELECOMMUNICATIONS WEEK" in St. Lucie County, Florida. 2. This Board believes that St. Lucie County Public Safety 911/Dispatchers and the St. Lucie County Fire Dispatchers should be recognized for their diligence and professionalism in keeping St. Lucie County and its citizens safe. PASSED AND DULY ADOPTED this 151h day of April, 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 34 03/14/14 FZABWARR FUND TITLE 001 001009 001190 001454 001455 001456 001512 001519 001534 001538 001544 001547 001550 001553 001554 001555 001556 001557 001559 001824 101 101001 101002 101003 101004 101006 102 102001 102813 107 107001 107002 107003 107006 129 130 130100 130101 130104 130105 130108 130109 130112 130114 140 140001 140376 150 ST. LUCIE COUNTY - BOARD WARRANT LIST #24- 08-MAR-2014 TO 14-MAR-2014 FUND SUMMARY General Fund Gen -One Time Funding FTA Sec 5307 - Buses 05/06 FCTD Planning Grant Emergency Mgt Preparedness EMPA 14 Div of Emer Mgt RCMP Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 CDBG Disaster Recov Enhanc Prog 112 MPO FHWA Planning Grant HUD Shelter Plus Care EMPG FY 2014 CSBG FY 2014 HUD Shelter Plus Care Grant HUD Shelter Plus Care Chronic Asst Support Svcs for Veterans Families Safe Routes to School Program SJRWMD Lagoon & You Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU White City Drainage Citrus & Saeger Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA Operating and Capital Assist FTA 5317 New Freedom Enhanced Servi FTA 5307-2 2009 Cap & Oper FTA 5316 Job Acc & Rev Commute FTA 5307 Capital and Operating FTA 5316 Job Access and reverse com FTA 5307 FY 2013 Airport Fund Port Fund FDOT New Port Ent 2nd street Imp Impact Fee Collections EXPENSES 355,929.75 46,054.63 16.87 44.33 3,201.23 3,092.47 4,370.42 10.00 59.35 10,969.44 4, 691.84 29,566.91 4,031.46 495.13 567.62 12,068.06 10,688.81 140.68 81.73 56.57 4,416.86 88.53 43,560.93 5,429.09 25,211.19 87.82 14,362.20 168,224.54 4,808.81 202,606.16 9,871.44 73.94 2,486.67 6,633.94 190,285.31 1,315.04 6.52 7.41 18.60 7.70 13.00 2.24 178.56 75.19 1,209.30 30.57 437,690.00 17.04 PAGE 1 PAYROLL 479,251.67 0.00 0.00 581.03 0.00 210.31 400.80 136.07 782.59 2,48V.44 590.18 9, 148.09 33.17 0.00 1, 982.74 283.23 831.83 2,715.33 1,072.25 739.50 34,125.86 1,289.60 41,923.35 13,722.95 14,929.54 0.00 62,391.41 11,141.75 8,279.28 150,387.38 999.63 999.63 0.00 9,191.97 0.00 2,148.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,047.20 9,385.75 0.00 0.00 236.28 Packet Pg. 35 03/14/14 FZABWARR FUND TITLE 160 170 183 183001 183004 183006 184215 184217 185013 185014 187 189103 189106 189108 189203 190 310001 316 317 317101 401 418 451 458 471 478 479 491 505 505001 505002 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #24- 08-MAR-2014 TO 14-MAR-2014 FUND SUMMARY Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund DEP Ft Pierce Shore Protection 2012 S SLC Beach Rest 13SL1 FHFC SHIP 2012/2013 FHFC SHIP 2013-2014 Boating Improvement Projects Home Consortium FY 2010 FY 2011 Home Consortium Home Consortium 2012 Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library County Capital County Capital -St Revenue Share Bnd D.J. Wilcox Coastal Access & Restor Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL: EXPENSES PAGE 2 PAYROLL 1,774.52 1,674.20 10,421.87 0.00 22,887.92 3,334.31 120.00 0.00 2,245.66 3,275.73 1,271.67 0.00 52,851.00 0.00 46,728.83 0.00 9.46 126.21 6.31 84.09 9,150.00 0.00 2,030.30- 0.00 18,312.66 533.82 38,242.03 536.68 28.60 396.76 34,631.80 22,556.82 1,783.47 0.00 141,487.00 0.00 45,668.10 0.00 3,000.00 0.00 171,543.51 51,004.34 13,612.16 16,473.32 7,062.87 4,815.43 54.65 755.15 3,996.88 7,556.85 88.34 1,219.22 83.87 1,139.49 2,986.43 22,263.78 82,705.94 0.00 189.24 2,571.93 1,293.81 3,208.78 12,131.80 2,258.64 230,384.76 0.00 2,559,580.76 1,009,231.42 Cn H Qz oC Packet Pg. 36 03/21/14 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #25- 15-MAR-2014 TO 21-MAR-2014 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 281,302.89 0.00 001009 Gen -One Time Funding 1,928.00 0.00 001454 FCTD Planning Grant 45.00 0%00 001455 Emergency Mgt Preparedness EMPA 14 4,080.00 0.00 001456 Div of Emer Mgt RCMP 292.50 0.00 001512 Neighborhood Stabilization Program 13,735.38 0.00 001527 SRL - 10701 S. Ocean Dr. 9.84 0.00 001534 Metropolitan Planning/Section 5303 6,906.70 0.00 001538 HUD Neighborhood Stab 3 17,133.95 0.00 001544 CDBG Disaster Recov Enhanc Prog 1,416.20 0.00 001547 112 MPO FHWA Planning Grant 4,957.53 0.00 001553 EMPG FY 2014 1,546.42 0.00 z 001555 HUD Shelter Plus Care Grant 126.50 0.00 Q 001559 Safe Routes to School Program 583.76 0.00 101 Transportation Trust Fund 405.34 0.00 Q 101001 Transportation Trust Interlocals 5.34 0.00 � 101002 Transportation Trust/80o Constitut 31,773.51 0.00 w 101003 Transportation Trust/Local Option 53,849.16 0.00 N 101004 Transportation Trust/County Fuel Tx 3,681.93 0.00 08 Ln 101006 Transportation Trust/Impact Fees 110.12 0.00 N 102 Unincorporated Services Fund 874.39' 0.00 N 102001 Drainage Maintenance MSTU 20,239.08 0.00 102113 DEM Indian River Estates Drainage 172,176.47 0.00 104003 Hurricane Frances Donations 1,741.00 0.00 E 105 Library Special Grants Fund 402.74 0.00 Z 107 Fine & Forfeiture Fund 69,462.98 0.00 w 107001 Fine & Forfeiture Fund -Wireless Sur 13,123.00 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 15,010.89 0.00 c 107003 Fine & Forfeiture Fund-800 Mhz Oper 4,280.81 0.00 L 107005 F&F Fund -Legal Aid 9,157.33 0.00 107006 F&F Fund -Court Related Technology 12,522.82 0.00 107175 SCAAP 2011 233.83 0.00 c 107178 SCARP 2012 128,210.84 0.00 M 130 SLC Public Transit MSTU 898.14 0.00 130112 FTA 5316 Job Access and reverse com 228,,78 0.00 140 Airport Fund 1,631.63 0.00 E 140001 Port Fund 148.80 0.00 0 160 Plan Maintenance RAD Fund 4,947.72 0.00 V 162 Tourism Dev-5th Cent 17,000.00 0.00 183 Ct Administrator-19th Judicial Cir 14,608.98 0.00 183001 Ct Administrator-Arbitration/Mediat 40.00 0.00 183004 Ct Admin.- Teen Court 1,439.00 0.00 183006 Guardian Ad Litem Fund 15,523.46 0.00 190 Sports Complex Fund 27,908.04 0.00 216 County Capital I&S 1,202.00 0.00 310001 Impact Fees -Library 3,834.22 0.00 316001 5th Cent Fuel -Capital 19,495.41 0.00 318 County Capital -Transportation Bond 3,900.00 0.00 Packet Pg. 37 03/21/14 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #25- 15-MAR-2014 TO 21-MAR-2014 FUND SUMMARY FUND TITLE EXPENSES 382 Environmental Land Capital Fund 213,109.18 401 Sanitary Landfill Fund 25,448.05 418 Golf Course Fund 37,326.59 451 S. Hutchinson Utilities Fund 137.23 458 SH Util-Renewal & Replacement Fund 12,294.80 471 Water & Sewer District Operations 1,837.06 478 Water & Sewer District R&R 28,084.20 491 Building Code Fund 365.05 505 Health Insurance Fund 153,599.43 611 Tourist Development Trust-Adv Fund 2,069.55 625 Law Library 13,750.00 GRAND TOTAL: 1,472,153.57 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00- 0.00 796.80 0.00 0.00 Cn H Z 796.80 Q E E 0 0 Packet Pg. 38 03/28/14 FZABWARR FUND TITLE 001 001009 001190 001454 001456 001512 001534 001538 001544 001547 001550 001554 001555 001556 001557 001559 001824 101 101001 101002 101003 101004 101006 102 102001 102813 107 107001 107002 107003 107006 107175 107178 107181 III 112 113 114 116 117 119 120 122 123 126 127 128 129 ST. LUCIE COUNTY - BOARD WARRANT LIST 426- 22-MAR-2014 TO 28-MAR-2014 FUND SUMMARY General Fund Gen -One Time Funding FTA Sec 5307 - Buses 05/06 FCTD Planning Grant Div of Emer Mgt RCMP Neighborhood Stabilization Program Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 CDBG Disaster Recov Enhanc Prog 112 MPO FHWA Planning Grant HUD Shelter Plus Care CSBG FY 2014 HUD Shelter Plus Care Grant HUD Shelter Plus Care Chronic Asst Support Svcs for Veterans Families Safe Routes to School Program SJRWMD Lagoon & You Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance-MSTU White City Drainage Citrus & Saeger Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology SCAAP 2011 SCAAP 2012 SCAAP 2013 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#f13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund EXPENSES 142,516.87 1,045.85 1,364.40 69.59 1,723.93 4,059.11 50.96 201828.40 3,219.97 52,638.46 3.60 129.50 32.49 10.68- 111.28 63.64 56.57 12,833.90 88.53 24,875.79 6,197.60 9,001.86 3,000.92 5,808.67 35,559.41 546.68 25,161.42 76.10 3,144.33 1,997.61 3,731.32 0.68 8,025.16 1,497.82 .3,120.91 719.23 226.34 550.56 604.80 138.43 823.64 215.95 1,011.41 379.57 149.98 486.53 606.04 3,645.00 PAGE PAYROLL 491,148.57 0.00 0.00 918.53 252.28 286.24 673.88 3,048.90 266.82 9,655.75 Cn 48.54 1— 934.21 Z 436.86 681.34 Q 1,532.63 835.80 739.50 N 34, 1.25. 86 06 1,289.60 N 42,885.65 N 14,273.87 N 15,229.54 0.00 62,172.50 Z 10,908.02 +, 7,527.45 J 106, 218.02 �. 999.63 M 42,702.20 M 0.00 ?� 9,191.97 0.00 G 0.00 M 0.00 a 0.00 0.00 E 0.00 0.00 V 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Packet Pg. 39 03/28/14 FZABWARR FUND TITLE 130 130100 130101 130107 130110 130112 130210 130215 136 138 139 140 140001 140376 150 160 183 183001 183004 183006 185013 185014 189103 189106 189108 189203 190 316 316001 382 401 418 451 458 471 478 479 491 505 505001 505002 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #26- 22-MAR--2014 TO 28-MAR-2014 FUND SUMMARY SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA Operating and Capital Assist FTA 5311 Block Grant FTA 5317 Enhanced Svcs for the Disa FTA 5316 Job Access and reverse com FDOT Block Grant FCTD Trip & Equip FY 2014 Monte Carlo Lighting MSTU$4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Port Fund FDOT New Port Ent 2nd street Imp Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFC SHIP 2012/2013 FHFC SHIP 2013-2014 Home Consortium FY 2010 FY 2011 Home Consortium Home Consortium 2012 Hardest Hit fund Advisor Services Sports Complex Fund County Capital 5th Cent Fuel -Capital Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL EXPENSES 9,152.14 1,109.00 25,211.23 5,082.58 3,913.05 75.19 214,676.26 43,284.54 2,226.96 305.78 928.62 34,198.34 17,500.00 40,028.54 52.5.56 328.14 1,035.71 80.00 1,526.42 30.66 7.88 7.88 12,223.91 18,233.06 24,352.18 32.54 12,856.07 1,370.16 250.00 11,949.09 2,148,843.67 4,606.33 14,118.12 54.74 31,148.21 87.79 82.33 1,792.77 707,960.13 16,248.34 256.51 15,066.39 55,133.41 235,274.86 4,095,305.22 PAGE PAYROLL 2,148.06 0.00 0.00 0.00 0.00 1,047.20 0.00 0.00 0.00 0.00 0.00 9,350.40 0.00 0.00 236.22 1, 600.06 3,334.31 0.00 3,275.73 0.00 105.12 105.12 0.00 538.44 457.27 451.41 22,237.62 0.00 0.00 0.00 51,866.91 16,657.50 4,899.39 755.32 7,691.55 1,209.83 1,120.99 22,263.85 0.00 2,571.81 3,238.90 1,854.27 0.00 0.00 1,018,001.44 Cn H QZ OC Q Packet Pg. 40 7.C.1 ITEM NO. (ID # 2012) TO: PRESENTED BY: SUBMITTED BY: ci irtirrT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE 04/15/2014 *CONSENT AGENDA\COUNTY ATTORNEY Addendum Three to Agreement of Sale - St. Lucie Outboard Marine - Extend closing date to May 30, 2014 On December 3, 2013, the Board approved an Agreement of Sale with Bancshares Realty, LLC for right-of- way needed on the St. Lucie Outboard Marine property. This right-of-way is needed for the Second Street Improvement Project, Port of Fort Pierce. During the closing procedure, Treasure Coast Title found that the foreclosure documents were not processed correctly. Bancshares Realty needs additional time to correct the documents. PREVIOUS ACTION: December 3, 2013 - Board approved an Agreement of Sale with Bancshares Realty, LLC for right-of-way on St. Lucie Outboard Marine property. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the Addendum Three to Agreement of Sale to close with Bancshares Realty and if additional time is needed past May 30, 2014, authorize the Chair to sign the extension, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: Packet Pg. 41 7.C.1 Coordination/Signatures anie 5. McIntyre, C my ttorney 4/3/2014 Faye W. Outlaw, County Administrator 4/3/2014 Updated: 4/2/2014 3:25 PM by JoAnn Riley Page 2 Packet Pg. 42 7.C.1.a n Bancshares Realty fka St. Lucie Outboard Marine,,,. � 5 DISCI IMER 5[. Lucic darty of the peadale Mr—.tion nra 1& Terein, The reatlei enoWa nd rely on tM dale ymmd[a herein for arty reason. st. Loan eooMY expliId, d.daim3 env represe Nations and rva porrties, including. �almta Ilmda[ion, the implied s of mercha MablrtY aM 111ess for a padmuW purpose, St. Lri[ie Cminty Mall-1— no rabdpy tor: 1. A,r en— omssions, or inaccnrzcies in the infomraf nproii0ed regaMless IN Mw causad.12.Any tlecislpn mane..echo, taken or rwl lake, by arrY person rn rsliancr upon anylntonnarinnar tlata tomished W—Iden 0 000470,0095 0.019 0.0285 0 038 Miles Packet Pg. 43 a 77, 0 50' 100, \ SCALE: 1" = 50' \ S� f wwww- 16 "ST, LUCIE OUTBOARD MARINA" 705 0019--00013 ST, L UCIE OUTBOARD MARINE INC. 657N. 2nd STREET 9 N "DEBRO00 341- I DW/GHT DEB I 107F/SHE I PROJECT SEAL TAY LO R ENGINEERING INC. C2008-056 FIGURE 3 DRAWNBY 10151 DEERWOOD PARK BLVD. LOT 16 NEL BLDG. 300, SUITE 300 PORT OF FORT PIERCE MASTER ROADWAY PLAN SHEET 5 of 22 O JACKSONVILLE, FL 32256 ST. LUCIE COUNTY, FLORIDA ~ CERTIFICATE OF AUTHORIZATION # 4815 DATE APR 2010 DATE .0 3 Attachment: New 11-12-10 St. Lucie Outboard ROW (2012 : Addendum for Contract for Sale and Purchase on the St. Lucie Outboard Marine) rr 7.C.1.c PROJECT NAME: Port Entrance Road - North 2"d Street 13 - U - 00 PARCEL: St. Lucie Outboard Marine, Inc. Parcel I.D. 2403-705-0019-00013 (portion of) AGREEMENT OF LE AGREEMENT, made as of the day of 11, #'� � C! c , 2013 (the "Effective Date"), between Bancshares Realty, LLC, a Delaware limited liability company, whose mailing address is Bancshares Realty, LLC, c/o PNC Financial Services, 201 East Pine Street, Suite 200, Orlando, Florida 32801 ("Seller") and St. Lucie County, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 ("Purchaser"). WITNESSETH: WHEREAS, Seller is the owner of the land ("Land") located at Port Entrance Road, North 2nd Street, Port Saint Lucie, being a portion of parcel number 2403-705- 0019-00013, more particularly described on Exhibit A hereto and made a part hereof, and all buildings and improvements, if any ("Improvements"), located on the Land (the Improvements, together with the Land, and the items described in paragraph 1(b), being hereinafter collectively referred to as the "Premises"); and WHEREAS, Seller desires to sell the Premises to Purchaser and Purchaser desires to purchase the Premises from Seller upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and intending to be legally bound hereby, the parties hereto agree as follows: 1. Sale and Purchase. (a) Seller agrees to sell or cause to be sold to Purchaser, and Purchaser agrees to purchase from Seller, the Premises. (b) The sale and purchase shall include all right, title, and interest of Seller in and to: 0) All easements, rights -of -way, privileges, appurtenances, and other rights, if any, pertaining to the Premises; and (ii) All of the articles of personal property, if any, located at the Premises on the Closing Date in its "as -is" "where -is" condition on the Closing Date. 2. Purchase Price. (a) The purchase price ("Purchase Price") payable by Purchaser to Seller for the sale of the Premises shall be the sum of Thirty -Five Thousand and 001100 Dollars ($35,000.00), plus the Cost to Cure, as defined below, subject to 1 Packet Pg. 45 7.C.1.c adjustments and proration's as hereinafter provided, payable in immediately available funds by wire transfer on the Closing Date (as hereinafter defined). (b) The Seller's adjoining real property in what is known as the St. Lucie Outboard Marine parcel (the "Adjoining Parcel"), as a result of the sale of the Premises to the Purchaser, will no longer be in compliance with applicable local) land development and other codes. The "Cost to Cure" is the cost of bringing the Adjoining Parcel into compliance with all applicable land development and other codes, including, by way of example and not limitation, compliance with historic preservation codes and requirements for drainage, parking, and landscaping (the "cure"). The Cost to Cure is estimated to be $58,300.00, according to the report prepared by Culpepper & Terpening, Inc. for Callaway & Price, Inc., a copy of which is attached hereto as Exhibit B. The amount of $70,300,00, representing the estimated Cost to Cure plus the sum of $12,000 for construction contingencies, shall be paid into escrow at Closing by Purchaser. Those funds shall be held in escrow by Treasure Coast Abstract and Title, to be drawn upon by Culpepper & Terpening, Inc. in accordance with the Escrow Agreement between the Seller, Purchaser, Culpepper & Terpening, Inc., and Treasure Coast Abstract and Title attached as Exhibit "C". Culpepper & Terpening, Inc. as agent for Seller shall endeavor to enter into an agreement with Xtreme Green Property Management on behalf of the Seller in the amount not to exceed $30,000.00 to effect the cure and coordinated with Seller so as to minimize the impact of implementing the cure on the Seller and any tenants or other occupants of the Adjoining Parcel. 'in the event the Cost to Cure is less than the amount placed in escrow, the excess funds remaining in escrow shall be the property of and shall be paid to Purchaser. The provisions of this Agreement regarding the cure and payment of the Cost to Cure shall survive the Closing. 3. Title. (a) The Premises shall be conveyed subject to, and Purchaser hereby approves the matters set forth on Exhibit D hereto and made a part hereof ("Permitted Encumbrances"). (b) Within ten (10) days after the Effective Date, Purchaser may obtain, and, if so obtained, shall deliver to Seller a copy of, a commitment (the "Title Commitment") to issue a title insurance policy by a nationally -recognized title insurance company reasonably acceptable to Purchaser and Seller ("Title Company"), reflecting the status of title to the Land and Improvements. Purchaser shall be solely responsible for the cost of obtaining such Title Commitment and for the cost of obtaining any owner's title policy. (c) Purchaser shall have until twenty (20) days after the Effective Date to notify Seller in writing of any objection which Purchaser may have to any exception reported in the Title Commitment and which is not a Permitted Encumbrance, If Purchaser fails to make such objection by such date, all items shown on the Title Commitment shall be deemed to be Permitted Encumbrances, and Purchaser shall take title to the Premises subject thereto. (d) Purchaser may, at its expense, obtain a survey of the Premises. If the survey reflects any encroachments, overlaps, unrecorded easements, or similar rights in 2 Packet Pg. 46 7.C.1.c third parties, or any other adverse matters, other than the Permitted Encumbrances, and if Purchaser shall have, before the deadline for Purchaser to object to exceptions in the Title Commitment, as set forth in subsection 3(c), above, notified Seller in writing of any objection which Purchaser may have to those adverse matters, then the same shall be a title objection to be dealt with as provided in this paragraph 3. (e) Seller shall have until forty (40) days after the Effective Date to notify Purchaser if Seller will investigate the elimination of any title objection, in which event Seller may extend the Closing Date for up to thirty (30) days from the then scheduled Closing Date. If Seller is at any time unable to or determines it does not desire to eliminate any one or more of such title objections, Seiler shall notify Purchaser. Upon the earlier of receipt of such notice, or upon passage of forty (40) days after the Effective Date without Seller having notified Purchaser of Seller's intention to investigate elimination of any title objection, Purchaser shall have the option to either (i) waive such matters in writing and consummate the transaction contemplated herein or (ii) terminate this Agreement. If no election to terminate is made in writing by Purchaser by the earlier of ten (10) days after Seller's notice that it will not eliminate a title objection or fifty (50) days after the Effective Date if no such notice is forthcoming by the Seller, Purchaser shall be deemed to have waived its objections to such matters, and Purchaser shall promptly proceed to Closing at the later of the originally scheduled Closing or ten (10) days after it is determined (either by notice from Seller or by lapse of time without notice) that Seller will not eliminate a title objection, taking title to the Premises subject to those exceptions. (f) In the event of termination under this Article, this Agreement shall be deemed to be terminated, and the parties hereto shall have no further obligations to or recourse against each other with regard to the matters provided for in this Agreement, except for rights and obligations which expressly survive the termination hereof. (g) In the event the Title Commitment is updated or endorsed due to the passage of time between the effective date of the Title Commitment and the date of Closing, Purchaser shall have three (3) business days from receipt of the update or endorsement to notify Seller in writing of any objection which Purchaser may have to any new exception reported in the Title Commitment and which is not a Permitted Encumbrance. If Purchaser fails to make such objection by such date, all items shown on the Title Commitment, as updated or endorsed, shall be deemed to be Permitted Encumbrances, and Purchaser shall take title to the Premises subject thereto. If Purchaser objects to any new exception reported in the update or endorsement, the notice and cure requirements and timeframes set forth above shall apply to the new objection. 4. Closing Date. The closing of the transactions contemplated hereby ("Closing") shall take place in escrow with the Title Company or at such office as may be reasonably designated by mutual agreement of Purchaser and Seller, although it is contemplated that the execution and exchange of documents and the payment and disbursement of funds can be accomplished by "mail away" closing. The date of the Closing ("Closing Date") shall be on or before December 15, 2013, subject to postponement by Seller through its election to utilize a cure period as provided in Title 3 Packet Pg. 47 7.C.1.c article and/or the Condemnation and Destruction article hereof. Possession of the Premises shall be delivered to Purchaser immediately upon completion of the Closing. 5. Time of Essence. TIME SHALL BE OF THE ESSENCE WITH REGARD TO EACH PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, IN THE PAYMENT OF ALL SUMS, PERFORMANCE OF ALL OBLIGATIONS, GIVING OF ALL NOTICES AND THE EXERCISE OF ALL RIGHTS UNDER THIS AGREEMENT. 6. Representations and Warranties of Seller. (a) Seller represents, warrants, and agrees that: (i) Seller is a limited liability company duly organized, validly existing, and in good standing under the laws of the State of Delaware; (ii) To the best of Seller's knowledge, Seller has not received any written notice from any governmental body having jurisdiction asserting the existence of any violations of any applicable building, safety, fire, or health laws with respect to the Premises; (iii) To the best of Seller's knowledge, there are no third party service, maintenance, or similar contracts related to the ownership, operation, maintenance, or management of the Premises other than those which may be terminated without penalty, and which Seller shall terminate in connection with the Closing; (b) For the purposes of the representations and warranties of Seller set forth in this Agreement, the words "to the best of Seller's knowledge" shall be limited to being the actual knowledge and information without any inquiry or investigation or any duty to do so (as distinguished from, and to exclude, what is exclusively constructive knowledge or receipt of constructive notice) of those persons responsible for the current management and operation of the Premises and shall not include any information which Seller or its agents, counsel, directors, officers or employees, management companies, or leasing agents, as a reasonably prudent person, should reasonably have known, and shall expressly exclude any state of facts or matters of which Purchaser has knowledge as of the Closing Date. The representations and warranties of Seller do not survive the Closing. 7. Affirmative and Negative Covenants of Seller. (a) Seller shall, at its sole cost and expense: (i) Promptly deliver to Purchaser copies of any notice received by Seller after the date of this Agreement regarding all actions, suits, and other proceedings affecting the Premises, or the use, possession, or occupancy thereof which may adversely affect Purchaser or the Premises; (ii) Promptly deliver to Purchaser copies of notices received by Seller after the date of this Agreement of releases of toxic substances or any actual 4 Packet Pg. 48 7.C.1.c condemnation of the Premises or any portion thereof given by or on behalf of any Federal, state or local agency; and (iii) Make its personnel available to Purchaser at reasonable times and upon reasonable notice, in connection with inspection of the Premises; and (b) From the date of this Agreement to the Closing Date or termination hereof, Seller shall not enter into any lease or other occupancy arrangement for the Premises which is not terminable before Closing, without the prior written consent of Purchaser in each instance. 8. Apportionments. (a) The following items shall be apportioned between Purchaser and Seller as of 11.59 PM of the day immediately preceding the Closing Date: (i) Real estate taxes, assessments, revenue, and expenses in the manner normally prorated in the County where the Premises are located, based upon the greatest discount. If Closing occurs before the tax rate is fixed for the year in which Closing occurs, real estate taxes and assessments shall be based upon the prior year's taxes paid at the greatest discount and shall be final. There shall be no re - proration of taxes after Closing. (ii) Charges for water, sewer, electricity, steam, chilling, gas, cable, telephone, and other utilities which are not metered; provided that if the consumption of any of such utilities is measured by meters, Seller at the Closing shall furnish a current reading of each meter; and (b) If on the Closing Date the Premises shall be affected by any special or other assessment for public improvements or otherwise which is or may become payable by Seller in installments, of which the first installment is then a charge or lien, then, for purposes of this Agreement, all the unpaid installments of such assessment, which are to become due and payable after the Closing, shall be paid and discharged by Purchaser, and Purchaser shall be responsible for the payment of any and all future installments of assessments, whether or not the first installment thereof is then a charge or lien. (c) Purchaser shall pay all documentary stamp taxes associated with the transfer. Purchaser shall pay all recording fees due in connection with the delivery or recording of the Deed. Seller shall pay all charges for the title clearance to which Seller has agreed in this Agreement, including the recording costs related thereto. Any survey of the Premises desired by Purchaser shall be the responsibility of Purchaser, at Purchaser's sole cost and expense. (d) Purchaser shall pay any closing fee or closing charge of the Title Company or settlement agent who closes the transaction. (e) The provisions of this Article shall survive the Closing. 5 Packet Pg. 49 7.C.1.c 9. Closing Documents. (a) At the Closing, Seller, at its sole cost and expense, shall deliver or cause to be delivered to Purchaser the following, each of which shall be in form and substance in reasonable conformity with this Agreement: (i) A special warranty deed ("Deed"), conveying to Purchaser fee simple absolute title to the Premises, free and clear of all liens and encumbrances other than Permitted Encumbrances and those set forth in the Title Commitment and not objected to by Purchaser or otherwise permitted hereunder, which Deed shall be in recordable form, duly executed by Seller or the record title holder and acknowledged; (N) A consent of the Seller authorizing the officer signing the Deed to sell properties on behalf of Seller; (iii) An affidavit of title in a form reasonably acceptable to Title Company and Seller; (iv) An affidavit or certificates in order to establish that Seller is not a foreign person, as defined in Internal Revenue Code Section 1445(b)(2), as amended; and (v) A .duly executed settlement statement or closing statement. (b) At the Closing, Purchaser, at its sole cost and expense, shall deliver to Seller the following, each of which shall be in form and substance in reasonable conformity with this Agreement: (i) The consideration required pursuant to Purchase Price article hereof, in the amount and form required thereby; (ii) A duly executed settlement statement or closing statement; (iii) A resolution or consent of an authorized officer or member of Purchaser, authorizing the purchase of the Premises and the execution of documentation in connection therewith, and (iv) Such other affidavits and documents as are otherwise required to consummate the transaction contemplated by this Agreement. 10. Brokerage. Seller and Purchaser each covenant, represent, and warrant that it has had no dealings or communications with any broker or agent in connection with the consummation of this Agreement, and each covenants and agrees to pay, hold harmless, and indemnify the other from and against any and all cost, expense (including reasonable attorneys' fees), or liability for any compensation, commissions, or charges claimed by any broker or agent with whom the indemnifying party dealt with respect to this Agreement or the negotiation thereof. G Packet Pg. 50 7.C.1.c 11. Condemnation and Destruction. (a) Risk of loss to the Premises from fire or other casualty shall be borne by Seller until Closing. If the Premises or any portion thereof is damaged or destroyed by fire or other casualty prior to the Closing, which damage in either party's reasonable judgment materially affects the value of the Premises, and if Seller is unable or chooses not to restore, within ninety (90) calendar days following such casualty, the damaged portion of the Premises to a condition substantially equivalent to that which existed immediately prior to such casualty, either party may elect to terminate this Agreement. If either party elects to terminate this Agreement, it shall notify the other in writing within thirty (30) calendar days after Purchaser has received written notice of such damage or destruction from Seller (unless within such thirty (30) day period Seller shall have advised Purchaser of its intention to restore the damaged portion of the Premises as provided in the preceding sentence, in which case the Closing shall be extended), and this Agreement shall be deemed to be terminated and the parties hereto shall have no further obligations to or recourse against each other with regard to the matters provided for herein except for the rights and obligations which expressly survive the termination hereof. If Seller does not restore the damaged portion of the Premises as provided above, and if neither party elects to terminate this Agreement as provided in this paragraph, then the transaction shall proceed as contemplated herein, in which event Seller shall assign to the Purchaser all of Seller's right, title and interest in the insurance proceeds to be paid on the claim of loss, and there shall be no reduction of the Purchase Price. (b) If prior to the Closing all or any material portion of the Premises, as reasonably determined by Seller, becomes the subject of a condemnation proceeding by a public or quasi -public authority having the power of eminent domain, Seller shall immediately notify Purchaser thereof in writing and either party may elect to terminate this Agreement. If either party elects to terminate this Agreement, it shall so notify the other within thirty (30) calendar days after Purchaser has received written notice of such proceedings from Seller, and this Agreement shall be deemed null and void and the parties hereto shall have no further obligations to or recourse against each other with regard to the matters provided for herein except for the rights and obligations which expressly survive the termination hereof. If neither party shall elect to terminate this Agreement as provided in this paragraph, the transaction shall proceed as contemplated herein, in which event Purchaser shall be entitled to receive all proceeds of any award or payment in lieu thereof, and there shall be no reduction of the Purchase Price. 12. Representations and Warranties and Covenants of Purchaser. Purchaser represents and warrants the following: (a) Purchaser is a political subdivision of the State of Florida, and Purchaser has the power and authority to enter into the Agreement and complete the transaction contemplated hereby. The officer executing this Agreement on behalf of Purchaser has the power and authority to bind Purchaser. (b) If this Agreement shall be terminated by either party, Purchaser shall deliver to Seller (at Seller's request) copies of all reports, studies, tests, analyses, 7 Packet Pg. 51 7.C.1.c and other information and documents compiled by Purchaser in reviewing and inspecting the Premises. 13. Seller's Default. If Seller shall default in performance of its obligations under this Agreement, then, Purchaser's sole and exclusive remedies shall be to terminate this Agreement and receive the return of the Down Payment, if any. 14. Purchaser's Default. (a) If Purchaser shall default in performance of its obligations under this Agreement, the Seller shall have the right to terminate this Agreement upon written notice to Purchaser. A "default" by Purchaser under this Agreement includes, but is not limited to, the failure to comply with the terms of this Agreement, any misrepresentation made by Purchaser to Seller, or the commission of fraud by Purchaser in connection with the purchase of the Premises. Except in instances of breaches of Purchaser's responsibility for indemnification, Purchaser's liability for personal or property damage, and Purchaser's duties and liability related to the Cost to Cure, the sole right and remedy of Seller shall be to recover and the sole liability of Purchaser shall be to pay liquidated damages in the amount of the Down Payment, if any, such amount being fixed as such by reason of the fact that the actual damages to be suffered by Seiler in such event are in their nature uncertain and unascertainable with exactness and because Purchaser would not have entered into this Agreement unless Purchaser were exculpated from personal liability. Seller shall not seek or obtain any money or other judgment against Purchaser or any disclosed or undisclosed partner, principal, officer or employee of Purchaser or any of the foregoing persons or entities, and Seller's sole recourse for payment of said amounts shall be to the Down Payment, if any. 15. [INTENTIONALLYDELETED] 16. Notices. All notices, requests, or other communications desired or required to be given under this Agreement shall be in writing and shall be sent by a party or by a party's attorney via (a) certified or registered mail, return receipt requested, postage prepaid, (b) national prepaid overnight delivery service, (c) facsimile transmission (following with hard copies to be sent by national prepaid overnight delivery service) or (d) personal delivery with receipt acknowledged in writing, as follows: If to Seller: John R. Gassie, Vice President Bancshares Realty, LLC 201 East Pine Street, Suite 200 Orlando, Florida 32801 With a copy to: Michael G. Balent, Esq. Chief Counsel — PNC Realty Services PNC Bank, N.A. Legal Department 1600 Market Street----28th Floor Philadelphia, PA 19103 Packet Pg. 52 7.C.1.c With a second copy to: Kenneth R. Uncapher Carlton Fields, P.A. 450 South Orange Avenue, Suite 500 Orlando, Florida 3280 If to Purchaser: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida, 34982 With a third copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida, 34982 All notices shall be deemed given when actually received or refused by the party to whom the same is directed (except to the extent sent by certified or registered mail, return receipt requested, postage prepaid, in which event such notice shall be deemed given three (3) business days after the date of mailing). Each party may designate a change of address or supplemental addressee(s) by notice to the other parties, given at least ten (10) business days before such change of address is to become effective. 17. Entire Agreement, Basis of Purchase. (a) This Agreement contains all of the terms agreed upon between the parties with respect to the subject matter hereof and supersedes any and all prior written or oral understandings. (b) THE PURCHASER IS BUYING THE PREMISES "AS IS." Except as expressly set forth in this Agreement or in the documents to be delivered at Closing, Seller hereby expressly disclaims any and all warranties, express or implied, relating in any way to the Premises, including, without limitation, any warranty provided for under statutory or common law or the uniform commercial code, including but not limited to warranties of merchantability and fitness for a particular purpose. Both Purchaser and Seller are acting at arm's length to protect their own interests, and both Purchaser and Seller shall use their own independent business judgment concerning the sale and purchase of the Premises. Purchaser has completed to its satisfaction (or shall have completed by the Closing Date), all investigations, inspections and tests which Purchaser deems necessary in its sole discretion to determine, among other things: (i) the condition of the Premises, including, but not limited to, the soil condition of the Premises, the existence of any environmental condition, and the existence of patent or latent defects in construction of the Improvements on the Premises; (ii) the condition of title to the Premises, including, but not limited to, the status of all leases of the Premises (if any); (iii) the status of all building code, zoning and other applicable governmental requirements of whatever kind regarding the Premises or any intended use of the Premises, including, without limitation, the status of any permit, application, license, approval, certificate or other intangible right of whatever kind regarding the Premises; and (iv) the status and effect of all recorded covenants and restrictions relating to the Premises, it being agreed as set forth above that neither Seller nor any agent or representative of Seller shall give any warranty or make any representation regarding such matters, and Seller is not liable or responsible for, or bound in any manner by, any E01 Packet Pg. 53 7.C.1.c express or implied representations, warranties, covenants, agreements, obligations, guarantees, statements, information or inducements pertaining to the Premises or any part thereof. Upon Closing, Purchaser shall assume the risk of any adverse matters with respect to the Premises, including but not limited to, construction defects and adverse physical and environmental conditions, that may not have been revealed by Purchaser's investigations. Purchaser agrees that should any cleanup, remediation or removal of hazardous substances or other environmental conditions on the Premises be required after the date of Closing, insofar as Seller and Purchaser are concerned, Seiler shall not have any responsibility for such cleanup, removal or remediation. Purchaser acknowledges that it agrees to accept conveyance of the Premises at Closing in its "as - is, where -is" condition as of the Closing Date, solely based upon its reliance on its own investigations, inspections and judgment. (c) WITHOUT LIMITING THE PROVISIONS OF SUBPARAGRAPH (b) OF THIS ARTICLE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, PURCHASER HEREBY RELEASES SELLER AND (AS THE CASE MAY BE) SELLER'S OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, TRUSTEES, PARTNERS, EMPLOYEES, MANAGERS AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES, WHETHER OR NOT SUIT IS INSTITUTED), ARISING FROM OR RELATING TO ANY DEFECT IN THE PREMISES, THE LEGAL STATUS OF ANY AGREEMENT WITH RESPECT THERETO, OR THE PHYSICAL CONDITION OF THE PREMISES OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ANY ENVIRONMENTAL CONDITION. THE RELEASE SET FORTH HEREIN DOES NOT APPLY TO THE EXPRESS REPRESENTATIONS OR WARRANTIES OF SELLER SET FORTH IN THIS AGREEMENT OR ANY INDEMNITY OR WARRANTY EXPRESSLY MADE BY SELLER IN ANY DOCUMENT DELIVERED AT CLOSING. (d) The provisions of this Article shall survive the Closing. 18. Amendments. This Agreement may not be changed, modified or terminated except by an instrument executed by the parties hereto. 19. Waiver. No waiver by either party of any failure or refusal of the other party to comply with any of its obligations shall be deemed a waiver of any other or subsequent failure or refusal so to comply. 20. Successors and Assigns. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. (b) Purchaser may not assign this Agreement or all or any part of its rights and obligations hereunder to one or more parties without the prior written consent of Seller which consent may be withheld or given in Seller's sole discretion. In the event Seller consents to an assignment, Purchaser shall remain liable for satisfaction of all obligations of the purchaser hereunder. 10 Packet Pg. 54 7.C.1.c 21. Article Headings. The headings of the various Articles of this Agreement have been inserted only for the purpose of convenience, and are not part of this Agreement and shall not be deemed in any manner to modify, explain, qualify or restrict any of the provisions of this Agreement. 22. Governing Law. THIS AGREEMENT SHALL BE INTERPRETED, AND THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO SHALL FOR ALL PURPOSES BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA APPLICABLE TO AGREEMENTS EXECUTED, DELIVERED, AND PERFORMED WITHIN SUCH JURISDICTION, WITHOUT APPLICATION OF PRINCIPLES OF CONFLICT OF LAW. 23. Waiver of Jury Trial. IT IS MUTUALLY AGREED BY AND BETWEEN SELLER AND PURCHASER THAT THE RESPECTIVE PARTIES HERETO SHALL AND DO HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. EACH PARTY ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS WAIVER AND HAS BEEN ADVISED BY COUNSEL AS NECESSARY OR APPROPRIATE. THIS WAIVER IS MADE KNOWINGLY AND VOLUNTARILY BY THE PARTIES HERETO. 24. Radon Gas. "RADON GAS: Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient. quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon or radon testing may be obtained from your county health department." 25. No Recording. Neither party shall record this Agreement or any memorandum thereof without the prior written consent of the other party, which consent may be withheld in such party's sole discretion. 26. Compliance. (a) Purchaser hereby represents and warrants that (i) neither Purchaser nor, to the best of Purchaser's knowledge, any Person (as hereinafter defined) providing funds to the Purchaser for the purchase of the Premises is a Prohibited Person (as hereinafter defined), and (ii) none of the funds used by Purchaser to purchase the Premises will be derived from any illegal activity. Purchaser hereby covenants and agrees: (i) to comply with all Anti -Terrorism Laws (as hereinafter defined) and all Laws (as hereinafter defined) related to money laundering, now or hereafter in effect; and (ii) to not use funds from any Prohibited Person or any illegal activity to make any payment due to the Seller under this Agreement. (b) Seller is required under Anti -Terrorism Laws to verify any Person conducting business with Seller. U.S. persons and entities are generally prohibited from conducting business with a Prohibited Person, unless otherwise authorized by the 11 Packet Pg. 55 7.C.1.c Office of Foreign Assets Control of the United States Department of the Treasury (OFAC). Seller is also required to verify the source of funds used in transactions to which Seller is a party and that the funds used in transactions with Seller are not the proceeds of any illegal activity. In order to assist Seller in verifying the source(s) of funds and the Person(s) conducting business with Seller, Purchaser shall provide to Seller such information as is reasonably requested by Seller from time to time relating to the source(s) of funds and/or Person(s) conducting business with Seller, including, but not limited to, the full legal name of the Purchaser(s) or beneficial owner(s), their primary residence(s) or place(s) of business, social security number(s) or company tax identification number(s) and/or date(s) of birth, including, without limitation, providing the information requested on attached Exhibit E. (c) In the event that (i) any of the representations contained in subsection (a) of this Compliance section shall be inaccurate or incomplete, (ii) it is determined that any covenant set forth in subsection (a) of this Compliance section has been breached, (iii) Purchaser fails to provide the information requested in subsection (b) of this Compliance section or any additional information as may be required by Seller from time to time, (iv) the information Purchaser provides in subsection (b) of this Compliance section is inaccurate or incomplete, (v) it is determined that Purchaser or a person or entity providing funds to the Purchaser for the purchase of the Premises is a Prohibited Person, and/or (vi) Seller determines, in its good faith judgment, that completion of the purchase and sale of the Premises could violate any Anti -Terrorism Law or any other Law, then Seller shall have the right to terminate this Agreement of Sale whereupon any Down Payment paid will be returned to Purchaser without interest and the parties will be released from any further liability under this Agreement, except as to those specific provisions which survive the termination of this Agreement. (d) As used in this Article 26, the following terms shall have the meanings set forth below: "Affiliate" means, with respect to any Person, another Person that directly, or indirectly through one or more intermediaries, Controls or is Controlled by or is under common Control with the Person specified. "Anti -Terrorism Laws" shall mean any Laws relating to terrorism or money laundering including, without limitation, (i) the Executive Orders, (H) the USA Patriot Act, (iii) the Laws comprising or implementing the Bank Secrecy Act, 31 U.S.C. §§ 5311- 5330 and 12 U.S.C. §§ 1818(s), 1820(b) and 1951-1959, (iv) the Money Laundering Control Act of 1986, 18 U.S.C. § 1956 and 18 U.S.C. § 1957, and (v) the Laws now or hereafter administered by OFAC, as any of the foregoing may from time to time be amended, renewed, extended or replaced. "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ability to exercise voting power, by contract or otherwise. "Controlling" and "Controlled" have meanings correlative thereto. Without limiting the generality of the foregoing, a Person shall be deemed to be Controlled by another Person if such other Person possesses, directly or indirectly, power to vote 10% or more of the common stock having ordinary voting power for the election of directors, managing general partners or the equivalent. 12 Packet Pg. 56 7.C.1.c "Executive Orders" means Executive Order No. 12947 (effective January 23, 1995), Executive Order 13099 (effective August 20, 1998), Executive Order No. 13372 (effective February 16, 2005), and Executive Order 13224 (effective September 24, 2001), as the same has been, or shall hereafter be, renewed, extended, amended or replaced. "Laws" means, collectively, all Federal, state and local statutes, laws, rules, guidelines, regulations, ordinances, codes and administrative or judicial precedents or authorities, including the interpretation or administration thereof by any governmental authority charged with the enforcement, interpretation or administration thereof, and all applicable administrative orders, directed duties, requests, licenses, authorizations and permits of, and agreements with, any governmental authority, in each case whether or not having the force of law. "Person" means any natural person, corporation, limited liability company, trust, joint venture, association, company, partnership, governmental authority or other entity. "Prohibited Person" shall mean any of the following: (i) a Person that is listed in any annex to, or is otherwise subject to the provisions of, the Executive Orders; (ii) a Person owned or Controlled by, or acting for or on behalf of, any Person that is listed in any annex to, or is otherwise subject to the provisions of, the Executive Orders; (iii) a Person or government with whom Seller is prohibited from dealing or otherwise engaging in any transaction by any Anti -Terrorism Law; (iv) a Person that supports, engages in, or conspires to or intends to engage in, "terrorism" as defined in any Executive Order, or engages in or conspires, attempts or intends to engage in any transaction that violates, evades or avoids, or has the purpose of violating, evading or avoiding, or attempts or intends to violate, evade or avoid, any of the prohibitions set forth in any Anti -Terrorism Laws; (v) a Person that is named as a "specially designated national or blocked person" on the most current list published by OFAC at its official website or any replacement website or other replacement official publication of such list; or (vi) a Person who is an Affiliate of or associated with a Person listed above. 27. Miscellaneous. (a) If any provision of this Agreement is held to be illegal, invalid or unenforceable, said provision shall be fully severable; the Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of the Agreement; and the remaining provisions of the Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from the Agreement. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible which is and shall be legal, valid and enforceable. (b) This Agreement may be executed in a number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one agreement. 13 Packet Pg. 57 7.C.1.c (c) In addition to the acts and deeds recited herein and contemplated to be performed, executed, and delivered by Seller and Purchaser, Seller and Purchaser agree to perform, execute, and deliver or cause to be performed, executed, and delivered at the Closing or after the Closing any and all such further and reasonable acts, deeds, and assurances as may be reasonably necessary to consummate the transaction contemplated hereby in accordance with this Agreement. (d) The parties acknowledge that either of them may elect to effect the sale or purchase of the Premises as an exchange pursuant to Section 1031 of the Internal Revenue Code and will cooperate in the accomplishment of that purpose, provided that neither party shall incur any liability or expense beyond those inherent in an acquisition or sale of the Premises nor be delayed in the Closing. Either party may assign this Agreement to an intermediary for the purpose of effectuating a 1031 exchange. (e) If either party shall bring an action or suit or proceeding (including any cross -complaint, counterclaim or third party suit) against the other party by reason of the breach or alleged breach of any covenant, term or obligation of this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit, including reasonable attorneys' fees and expenses. (f) If the time for performance of any of the terms, conditions and provisions hereof shall fall on a Saturday, Sunday or bank holiday, then the time of such performance shall be extended to the next business day thereafter. (g) This Agreement may be signed by facsimile or electronic form of signature and such signature shall be fully binding. Upon request, such party shall provide an originally signed copy of the Agreement to the other party. This Agreement and the offer to enter this Agreement shall be withdrawn and shall become null and void if the Agreement is not signed by Seller and Purchaser on or before November 7, 2013. IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the day and year first above written. 14 Packet Pg. 58 7.C.1.c WITNESS: ATTEST: SELLER: Bancshares Realty, LLC By: Q2161' Sheri Ondercik Name: John R. Ga"O Title: V. PURCHASER: Board of County Commissioners of St. Lucie County, Florida hair Approv-00 as to form ap4 correctness: County Attorney 15 Packet Pg. 59 7.C.1.c G1 MALpt IPTION_ (PARENT IT.W1 AB f ORB Ims, PAGE 1613 PANEL I C LOT 1$, LEN THE A0M 1B FEET rMMOF, OF ABBE'$ MAP OF THE NORTH PART OF FORT PIERCE, ACCORDING TO THE NAP OR PLAT THERRN AS RECORDED IN PLAT 5M 1, PAGE($) 164, PUBLIC iE00R08 OF $T. LU=E OO1MY, FLORIM, AND LOT 14, LEBB THE NORTH 25 FEET THEREOF, TOOMER WITH THE NORTH 60 FEET OF LOT 15 OF THE PLAT WMING SLTWEY OF LOT$ 14 AND NORTH 50 FEET OF LOT 15 OF ABBEB$OR'$ NAP OF 194E NORTH PART OF FORT PIERCE, ACCORDING TO THE NAP OR PLAT THEREOF A$ RECORDED IN PLAT BOOK 4, PABE(S) 61, PUBLIC RECORD$ OF BT. LUCRE COUNTY, FLORMA. PARCEL B: THE NORTH ONE AND ONE-HALF FEET OF THE FOLLMNO DESCRIBED PROPERLY, THAT PART OF THE SOUTH Nb FEET OF LOT 15, ASBEBBOR'S MAP OF 7HE NORTH PART OF FORT PIS, AS ORIGINALLY RECORDED Ili PLAT BOOK 1, PAGE 0, GREYARD COUNTY, FLORIDA PUBLIC RECORDB, AND NOR RECORDED IN PLAT BOOK 1, PAGE(S) 164, PUBLIC RLOOIIb- OF ST. LUCIE COUNTY, FIAVM. 0 ` A 0 b P'4ERMANS WHARF PARCEL 705-0019-000-3 SURVEY NOTES: LEGEND: 1. THIS iW NOT A WOIi@AR1' BMVEY. P.O.R. - POINT OF ow"W " 2. ALL WFARIMM AM ➢ISTANDEB AN SA W CM LN& DOMPTMW PPM M iY ST. LLCIE OOINTY, PEARIOA W. 1qT VALID WITHOUT no BMATU M Mm ORI6109. RA?BEO WEAL Of A RMIM LIOLm SURMN NM HWM. MOB & EKLUND, NO. PARCELS 1705-0019-000-3, 1705-0019-010-D A f705-0020-000-3 FROfE8010NAL SURVEY OONiULTAXT* %ETCH OF LEGAL 8745 M WOMY /1 Ww LL M MW TAILOR ENGINEERIN r.0. owIm su0x 110 1AM% R 3""6 pEgF/Wp fl,CJl, R 33M1 PXtlQ: fI721 30-&1" MIOFC: I/S{7 1]1.-0!ER ~. I P W m ,/A FA Y6IMP 1'- SW w — 1 03 Packet Pg. 60 7.C.1.c 1 � \ \l l LOT ASSESSORS MAP OF THE NORTH PART OF FORT PIERCE, \ PB. 1, PACE 164 1 \ Tj PARCEL f705-0019-000-3 -L - x5.0' LOT 14 PARCEL /705-0020--ODD-3 --j---------- 51.5 -LOT 15 NOT A PART OF THIS SKETCH Packet Pg. 61 7.C.1.c LEGAL DESIMPTION: A PARCEL LAND LYING IN SECTION 8, WWSHIP 86 SOUTH, RANGE 40 EAST, ST, LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLO1M: BEQINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF AVENUE H WITH THE WEST RIGHT OF WAY LINE OF NORTH 2ND STREET, PROCEED ALOW SAID WEST RIGHT OF MAY LINE OF NORTH 2ND STREET THE FOLLOWING THREE COURSES AND DISTAHM: 1.8 109 89' 46' E A DISTANCE OF 281.88 FEET 2.8 19' 01' 01' E FOR A DISTANCE OF 26.42 FEET TO A POINT S.8 16. 48' 24' E A DISTANCE OF 130.01 FEET TO THE SOUTHEAST CORNER OF THE GRANTOR'S LANDS; THENCE ALONG THE SOUTH LIRE OF SAW 8 89' 62' 57' W A DISTANCE OF 2.40 FEET TO A POINT; THENCE THROUGH THE LANDS OF THE GRANTOR N 160 23' 88' W A DISTANCE OF 456.20 FEET AND 8 04. 401 400 W FOR A DISTANCE OF 76.08 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF AVENUE H; THENCE ALONG SAYE N 63' SS' 10' E A DISTANCE OF 109.88 FEET TO THE POINT OF BEGINNING. CONTAINING 5582.20 SQUARE FEET N83- 39' 19-E -t �- S84' 49' 40"W 78.08'� N16' 23' 38 \\ LOT 13 1 ASSESSOR'S MAP OF THE NORTH PART OF FORT PIERCE, P8, 1, PAGE 164 PARCEL /705-0019-000-3 _..L — 25.0' --LOT 14 PARCEL f705-0020-000-3 S. 51,5' -LOT 15 MOROM & EKLUND, INC. POOf R0*i*NAt. 4URVEY CONSULTANTS 87�45 Ur #1 15M I ii couRr p (J1Pf'a ems I v�{y FML {7�Z] �-3165 iAr BSI] I21-0ISl S89' 52' 57"W �, 9.4n' , ? NOT A PART OF THIS SKETCH PARCELS f705-0019-000-3, #705-0019-010-0 & 1705-0020-000-3 SKETCH OF LEGAL TAYLOR ENGINEERING M.9 -- I -- N/A I..I.m 0i WE ' 2' \ \ \ '1 \ 1\ 1 5429.08 0/23/13 — 3 • 3 Packet Pg. 62 7.C.1.c EXHIBIT B COST TO CURE 17 Packet Pg. 63 7.C.1.c ST. LUCIE OUTBOARD COST TO CURE EVALUATION Prepared For; CALLAWAY & PRICE, INC Prepared By: Culpepper & Teipening, Inc, 2980 South 25'h St Fort Pierce, FL 34981 December 14, 2010 (Updated Match 1-1, 2013) Packet Pg. 64 7.C.1.c Culpepper & Terpening, Inc. Consulting Engineers & Land Surveyors Table of Contents 1. Introduction Page 1 2. Procedural Costs Page 2 2.1 Approval Procedures & Peadts Page 2 2.2 Design Considerations & Technical Services Page 2 3. Construction Costs Page 4 3.1 Construction Modification Elements Page 4 4. Conchions Page 5 5. Exhibits Page 6 5A City of Ft. Pierce Fee Schedules 5.2 Prelimitudy Pre & Post Drainage Cakulations 5.3 Agency Application Forms 5.4 Technical Services Cost Estimates 5.5 Constriction Cost Estimates sc rj=ie r ua=ta s/1 il2nl-5 Cod to Ckm Rcpott r,&T Prge" NQ M-261.2 Packet Pg. 65 7.C.1.c St. Lucie County desires to acquire a portion of the St, lr ude Outboard cornmerdal facility's property located in the north east quadrant of the property site. The acquisition is required for a future roadway expansion at the iute:Luction of North Second Street and Avenue U T3ais Evaluation Report has been prepared on behalf of Calloway and Price to provide the cost associated -with insures that the St Lucie Outboard facility remains in compliance with State and Local agency- T.,aand Development Code's and requitements in the past Right Of -Way acquisition condition. The Might -of --Way acquisitiot will require taking of a portion of the facl�ity's drainaW system, relocation of emsting utilities, relocation ofpetimeter landscaping and adjustments to the property access and parking lot The costs associated with insurance of after take code compliance are segregated into procedural and construction related issues. The procedural issues involve the follovirag itetrts ® Site flan Amendment through the City of Tit Pierce (CFP) a Certificate ofAppropnateaess approval through the CFP Historical District = Drainage calculation to deterrn;ne the after take condition e Construction Platt modifications Permit through CFP Building Department Technical services associated with design and processing of the compliance revisions. The construction related issues involve the following items w Physical changes to the drainage system to insure code comp&mw a Landscape & irrigation buffet consuucti= • Udiity adjustments. P Changes to the site. access and puking lot. ® Technical services related to the znmmi-don manaznpe l construction inspection, admiaistmdou and testing of the site changes for final cextificstion to the local agencies. The report and associated processes and costs are based upon current agency fees and market conditions experieaced in the local area Sc Lucie Chxbre PW 1 12/14/2010 Cost to Cute RUPO' t C&T Brd)ect No. U-2614 Packet Pg. 66 7.C.1.c 2 Procedural Costs The facility is located within the corporate limits of the CFP, and within the City's Historical District. The City has implemented Ijnd Development regulations associated with both standard commercial development as well, as specific codes associated with the characteristic of developments within the Historic District. The City willrequire approvals and permits for any adjustments to an existing facility. These adjustments are required to meet Cent Land Development andHistatic District Codes. The facility received Site Plan/Construction Plan appxoval it 2004 and completed the infrastructure in accordance with associated approvals. ne Right- Df-Way acquisition mill result in a minor change to the overall Site plan. The minor chmgc will require the following individual applications and associated fees: Permit/Atnnroval Atrnlicati &fee CFP 11 nor Site Plan Amendment S§60.o Certificate of Appropriateness $ low CFP Engineering Department Construction Plan Apptoval N/A* CFP Building Department Construction flab Approval $257•64 St Lucie County Fite District $108.75 * Part of CFP Building Dept Fm rA. copy of the Current CFP Planniug Department and Building Dep&rb3 nt Fec Schedule is attached in Exhibit 5.1. It should be noted that this project qualified for a ,No Notice" permit from the South Florida Water Management District in accordance with Chapter 40E-WO, and no permit mckb catione will be requited. 2.2 Destv Cotmsidemtfon & aTechxircaiSetvices As referenced above, &e existing facnity gained site plan and construction appro O through the UP in 2004, The Right -of -Way acquisition will require modifications to the existing site, specdfically to the property perimeter and drainage systeczu, Preliminary modeling; of the site drainage system in the pre and post take condition was performed in accordance to the standards established by the CFp. The results of The analysis ttndicate that although there'V'Q be a net loss of surface water storage, the remaking volume available will be sufficient to meet both UP water quality and attenuation requirements. A copy of the pre and post analysis modeling is provided in Exhibit S-Z Ilse technical services assaciat:ed with each of the requited approvals by CFP are based up= the work effort required by the specific technical trade and time required to follow the approval process. h fMor Site Pla7a_A=&eeot The CFP Minor Site Plan Amendment approval process is outlined in Chapter 22 of the City Code, The compilation of submittal documents is outlined in the CFP Site Plan Submittal Cbeddist and includes tine following items: * Completed Application * Narrative of proposed changes • 'Approved Site Plan Amended Site Plan A copy of the Application and associated checklist is provided•ss Fxhibit 5.3, The costs associated with the development and updating of these items and shephetding the project ffif silgh the approval process is based upon standard hout:ly rates fotutnd for professional trades widAn the area and estimated to be approxi ately $7,810 and are itemized in Exhibit 5.4, St 1mck Chxtbomd Page 2 12/14/2010 Cast to CL=Report ULT Project No, M-261.2 Packet Pg. 67 7.C.1.c The CFP Certificate of Appropriateness approval process is outlined it Chapter 23 of the City Code. The compilation of submittal documents is outlined in the CFP Site Plan Submitul Checklist and includes the following items: * Amended Site Plan Architect inn Drawings (Previously prepared) Site Photo's A copy of the Application and associated checklist is provided as Exhibit 5.3. The majority of the costs associated vnth the development of the submittal package ate provided utider the work effort associated with the Dditior Site Plan Amendment process. However, additional time viT be required to shepherd the project through the appraval process and as tefc=ced above is based upon standard hourly rates found for professional trades within the arm The costs are estimated to be appzoximately S2025 acid are itemized in Exhibit 5.4. Ci FPierce 2j=ec±ingDwa=eaIConstruction P Approval of the revised site drainage system acid stnzrnwater calculation wtU require approval by the CFP Engineering Department, The approval will be concurrent with the submittal of the Building Permit through the City, ne submittal to the: Eu0ceti g Department will require the following items: s Atn,-nded Consttroctio)(Paving & Dmitiagc) Plans * Updated Stormwater Calculations The costs associated with the development of the updated cott.stxuction plans to match the amended site plan are based upon standard hourly rates found for professional trades within the area. The costs are estimated to be appr-oximamly $4,610 and itemized in Exhibit 5.4. Approval of the construction platms associated with the amended Site ]Plan. -vA require approval by the CFI' Building Department. Modifimtiaus to the site canboi begin without the issuance of the Building permit 'The approvalwill be based upon sigh -off from both the Engineering Department and Phoning Department to insure consistency in the proposed construct3.oti plan with the apptoved Amended Site Plan and drainage requirements. '11c submittal to the building Department wilt require the following items: 0 Copy of Approved Amended Site -Plan 1V Amended Construction (Paving & Dminage) Plans The costs associated -with the preparation, of the Building Permit submittal will be based upon the plans developed as part of the work efforts referenced above and costs are associated -with the preparation of the submittal package and shepherding through the process. The costs are estimated to be approximately $500 and itemized in Exhibit 4.4. It should be noted that the General Contractor for the work will need to apply far the actual building permit St, Luck Outtx)azd Pale 3 12/14/2010 Cost to Cant Report CWf YmjLTtNa 03-NI.2 Packet Pg. 68 7.C.1.c 3. Construction Casts 3 l CoatasarucftGJ2 M carton �'. eme- 7be acquisition of the proposed Right -of -Way will result in a change to the caztent site infeastmeture. As referenced above, the changes include the drainage system, relocation of existing utilities, relocation of petmetec landscaping and adjustments to the property site access and parking lot Although some of the required changes will be provided as part of the ulti=te xoadaray consttucrtiort, such as driveway access, it is out understanding that the majority of the required site changes will need to be facilitated by the Owner in advance of the roadway construction. These "on -site' inftasttuctnt-A changes, and associated costs, are based upon preliminary field review of dae site and the proposed Right -of Way take staitvng provided by the County. stern I+l As stated above, ptdminaty drainage calculations of the facility in the pre and post take condition were provided as part of this report. The results 'indicate that the system, in its after take condition will continue to provide the level of storm water quality and attenuation regv*ed by the UP. However, some adjustments to the system will be required nese adjustments include relocation of a portion of the .north side swale and constrlmctiou of culvert where the Swale will not have sufficient depth. The costs axe estimated to be approximately $5,690 and are itemized in Exhibit 5.5. R lrx tirni of Lmdscatse Buffer The Rigbt of Way take will rr�quice the relocation of the existing landscape buffer and associated irrigation for approx atcly 330, of the properties ftontage along both North second street and Avenue H, T%e landscaping wil1 be required to need cutrmt CFP code. The cost of relocation of the landscape buffer includes relocation of the trees and planting of new shrubs along with retortion of the cuing istigation system. The costs ate estimated to be approximatmly $4,445 and are itemized in Exhi-bit 5.5. Relocatim of E=Wg Wities The Right -of -Way take will require the relocation of the existing utility peer tranBforrmer and service for the property which is currently located along North Second Street within the acquisition area" The power utility supplier is die Ft. Pierce Utility Authatity and they Will perform the relocation. it is anticipated that the transformer and service will be relocated on to the remaining property in close proximity of the existing location. The cost for relocation of the transformer is provided by the FPUL The costs are estimated to be approximately $8,515 and are itemized in Exhibit 5.5. Psrla=Lot CliatlM The Right -of -Way take will require the removal and re[pplacement of the eastern most parking space to provide for the requited landscape buffer, The removal will zesulx in the space required for the relocation of the utility transformer and power service. Additionally, the relocation of an existing decorative auehor and flag pole is provided within this estimate. The costs are estimated to be approximately $3,325 and are itemized in Exhibit 5.5, on The construction related activities wM require conk=cdon =g=wt of 1hS contmctor£o the oym periodic site inspections, testing of the work effort, preparation of as-builts surveys and final certification to the permitting agencies. The costs fox the technical services related to the construction of the changes are estimated to be approximately 113,E95 and are itu ized in Exhibit 5.4. St Lu de Wtbou4 Page 4 12/14/2010 Gast to Cate Report cEr7' Yrojer3 t3o. 03-251.2 Packet Pg. 69 7.C.1.c Additional construction costs related to mobilization, insurance and a pre -design contingency of 2.0°!o is added it accordance with standard:wdustry practice. These additional casts are $5,492.44 and ate itemized in ExInbit 5.5. 4 Conclusions The propmed Right -of Way acquisition ftom the St. Lucie. Oatboard cotnznetcxal f rility will result is chasrgcs to the existing tote's infwttuchi c, The 6=q�cs will require re_drsj;u, petenittitlg acid construction activities. The total costs associated with insuring that the ante is in compliance with cnz=t City, codes is $58M and summarized as follows: • Procedural Costs: $16.270 M Construction Costs: $42,030 It is our opinion that the St. Lucie Outboard Matine facaity, can comply with current CFP code in the after take oanditian gig implementation of the improvements provided its this report. St IM66 Outl q PW 5 32114J2D)O (;MT m (dice RTM C&T TIP jmt No. 03-261.2 Packet Pg. 70 7.C.1.c 5. Rrhibits sr. Luck - FgD b 12/14/MlO cmtmc=Rqx t Caer?v4a Nol Paz Packet Pg. 71 7.C.1.c 5.1 C fy ofFt Marce Fee Schedule' St. antic 0060ard FW 7 1211412U10 Cost to Cum Repwt C&T Nrojeallo. 03-2f>1.2 Packet Pg. 72 7.C.1.c CITY OF FORT PIERCE PLANNING DEPARTMENT ik compRsevsw aAmwjo 0 DEvEwpmsw RevEw = H18nWJCPAea RVAiiCNlt* U0MD5S/GN0 URBWF0WnSMyt Zi3NW Planning Department Fees (Effective July 19, 2010 - Exhibit A (Resolution 10-35) APPLICATION TYPE FEES Non -Residential Site Plans Conceptual Site Plan SSoo 4,001-10,000 S.F. 51,0 10,000 - 30,000 S.F $3,775 >30,OW S.F. $6,995 +$95 each 1000 additional S.F Residential Site Plans Conceptual Site Plan $500 21 to 50 Units $1,645 51 to 300 Units $3,775 >300 Units $3,775 + $455 each addWortal 100 units PUD/PUR PUD/PUR Zoni Chan e-PreliminaEy Plan $3,9E + $40 per acre PUQ/PUR Zoning Change -Final Plan $2,400 +$40 per acre Subdivision Preliminary plat: 3-5 Lots $945 5-50 Lots S11635 Greater than 50 lots $3,535 Minor Replat $1,000 Final Plat $100 Amendments Zoning Text Amendment $3,990 Zoning Map Amendment Single Family Dweilin $100 Muitiferrd and Nonresidential $2,115 + $40 per acre Comprehensive Plan Map Amendment Sin le Famlly Dwelling $100 Mulfifarnil y and Nan residential $3,960 +$40 per acre Page 1 of 3 N R L a. c� m R U) 0 w U 0 c 0 U L w c a� El N 0 N M M N U J N in r 0 L c 0 U c 0 z U 0 r Q Packet Pg. 73 7.C.1.c Comprehensive Plan Text Amendment $3,960 Minor Amendment to Site Plan $500 Major Amendment to Site Plan $1 OOO Site Plan Extensions 1./2 Original Fee Landscaping Landscape Permit $50 Land Clearing Permit <2 acres $1O0 Land Clearing Permit >2 acres $25 for each acre abaft 2 acres Tree Removal Permit $35 Tree Mitt ation Per inch IDSH $250 Adult Entertainment Adult Bookstore/Video Store $ Adult Performance Establishment/Dance $2,OW Adult Theatre $40 per booth, $5 per seat, $5 for each parking space for viewing outside In vehicle Commercial Physical Contact Parlor $800 Escort Service $578 Motel $8W Miscellaneous Abandonment Address Assignment /Change $4aD + joO% of appralsed value Residential $ 25 Non -Residential $50 Advertising Fee Actual Cost - Due prior to final approval After the fact development aRplication Double Fee Alcoholic Beverage Waiver Application $SDO Appeal of Administrative Officer $500 Compiling Mailing List and Prepare notice $35 Concurrency Appeal $500 Concurrency Review/Certificate $2,000 Concurrent Sta ered Review $1,29S Conditional use $1,ODO Copies-color/black and white 1 / 0.15 Sm of Zonfro Code or (LDR's) $35 Copy of Comprehensive Plan W Data Cb/DVD $25 Desi n Review Fee Site Plan $515 Building Permit $100 Development of Regional Impact, New ADA or Substantial Development (DRI Development Agreement $10,000 $1,� Page 2 of 3 Packet Pg. 74 7.C.1.c Annexation Agreement (not same as FPUA agreement) $1A04 Field Inspection/CO or final Inspection $200 Future Land Use Map $25 Handling & Mailing of Notification $2.60 per address Liquor Ucense Si off $25 No Show TRC/Planning Board $250 Nonconformin 5trucxure Special Exception $30D News rack $18.75 per news rack News rack Impoundment & Storage Fee $10 per day -max $0 days Plan Assembly & Collation $50 Plan Review Resubmittal 2.5% of initial fee after 1st resubmital Planning Director Opinion Letter $480 Postage Fee Current LISPS rate -Due prior to final approval Posting of Prope $40 Pre -application meeting $250 Prey lication Meeting Carrcelation $250 Research Records & Permits per Hour $50 Sidewalk cafe permit $50 Sign Perrnit(per s not Including building permit fee) $65 Street Name Change $500 Plus cost of sign Telecommunications Towers $Slow Temporary Use Application $500 Variance $1.000 Zoning Map $25 Zoning Verification Letter $100 • Development applications tabled by either the applicant, Technical Review CommMee, Planning Board, or City Commission, and are inactive for three (3) months and have failed to provide the neoessaiy changes or Information, will be charged a new fee to be processed for review. Items withdrawn or tamed (at any siege of the development review process) Can be reactivated wiHn three (3) months at no charge. Wier three (3) months the appilmdon is considered to have expired and a new review The is required. Fees for amendments to previously approved site plains shall be based on minor amendment fees unless the proposed change is signMeant In size to require major review fees. AppUcatioiis th�►t do not obtain approval by the final required board or commission within 12 morritls from the dAte of the initial submittal shall be required to pay a new application fee. This fee is the full application fee identified by the appikaftan category. Page 3of3 ai N R L a. c c� m R kn 0 w E U 0 L c 0 U 0 w E 0 c m El N 0 N M V- A N U J N ai c CO r U 0 L 0 U c m E t U 2 r Q Packet Pg. 75 7.C.1.c CITY OF FORT PIERCE BUILDING DEPARTMENT PERMIT FEES EFFECTIVE AS OF ®CT❑❑ER 5, 201 ❑ ** PLAN REVIEW FEE WILL BE DUE AT SUR TTAL** Fee is based on multiplying the value of the building or addition by .010. Swh value shall be determined by using the most recent Building Valuation Data for Florida as compiled by the lnternational. Code Council (lCC) using the Marshall Valuation Service, as published by time Marshall and Swift {l) New buildings and additions Publication Company, Los Anplcs, California or am the contract price given by the applicant for the project, whichever is higher. {T'bi a data are only intended to be used for determining permit foes and is not intended to be used as an estimating guide.) Fee is based on multiplying the value of the work authorized (�} All other ccmnstr+motion except as All by the permit by .010, Time value is determined by the building below: Official- Ilse minimum fee is $75.00 Fee is based on multiplying the value of the work authorized Demolition of bullding or by the permit by .010. The minimum fee is: (3) structcue: $275.00 Residential $500.00 Commercial {4) Special inspections after working Fee is $75.00 perlbour minimum two (2) hours houm: {S) Rc-fi spections: First Fee is Residential $50.00 Commercial $100.00 Ate-hxspections: SecoM Fee is Residential $75.00 Commercial $150.00 Ro-inspections: Third Foe is Rcsldendal $100,00 Commercial $200,00 Re -inspections: Fourth and Fee is $250.00 for each inspection thereafter { Maatufactured mobile hcraea: Fee: Alew bu lditmgs and additions (7) Certificate of occupancy or $50.00 certificate of completion Miscellaneous trade and construction permits including, but not limited to: **pin►nbing, mechamcai, (8) **elostrical, gas, rernodeting, addition, fences, pools, sheds, signs, docks, etc., shall be an a valuation basis according to the follo'wimg schedule: ** Aiao See it= # 9 for flat fee permits. o fee unless an inspection is required in which casts $50.00 fa $100.00 or less each inspection shall be eburged, Fee is based on m uttiplyin$ the value of the work authorized by $101,00 or aver the permit by .010. Ilene value is defeat doed. by the building fficlal. The minimum fee is $7 5.00. Moving of structure $300.00 Temporary permit withotmt inspection $20.00 Teroponay permit with an inspection $75.00 (9) Fiat Rated Permit Fees Blectricad Residential $100.00 *Plumbing Residential $75.00 *water• heater replacements & re -pipes only * this dons not include `lnsta Hots" Packet Pg. 76 7.C.1.c (10) Building Code Surciarge Per section 468.631 & 553.721 FS A total of 3% on all Plan Review and Permit Pees. Minim m %e of SkOO {71) Plan Review Fes; a plea review fce shall be paid, Separate from the building permit fee, to the building official at the time of submittal of the building permit application Said plats review fee shall be figured as shown below. Fee based on total valuation. See item # 17 for revision fees e Fee Minimum $75.00 Multiply the value of work authorized by flte permit by .003. (12) Work commencing prior to obtalming permit: Double fee, figured by using twice the flee obtained by this article. $75.00 (13) Stop workorder: $100.00 More any father work may commence. (14) Stocking Permit Fee is $200.00 (15) Appeal or variance request%: Construction Board of Adjustments and Appeals Fee is $200.00 (16) EmMency Plan Review $250.00 for the lr' hoot .... $150.00 for every hoar after that (17) Plan Review Fee (Rcvlsions) 1' Re -Review $100.00 2'd & 3ie Re -Review $50,00 per page 4`r and additional thereafter 113 of the bufiding permit fee (18) Change of wntrwtor $50.00 Suboonnwtor $20-00 {19) Research Fee LienlPermit Search $ZQ.OQ per request Research Fee Plan Search Stars Time plus copies (20) Research Copies PtTmtit Copy $20.00 per card Copy of C.A. or C.C. $20.00 per page Copy fee LetterlLegal $.GI S a page Color Copies $.50 a page Plan Size Copies $1 S0 a page Re -Stamping of Plans $75.00 plus copies (21) Wind Mitigation 5100.00 per Inspection (22) Permit Extension $100.00 per approved maemion. Extension is valid for 30 days (23) Renewal Fees $50.00 phis current cost of permit (24) Routing Fee $10 per required department -excluding Bldg Dept -Due at submittal ofeaeh permit Note: Value of the work means the value of all labor, material, overbeed, profit, etc. regardless of whothtr the, labor or materials are donsted or obWaed at discounted rates. The building official shall make final . do nrtnination. In the event the review fees do not reasonably and fairly reflect the actIW value in Sp=ific inam„ees, the Building Official shall possess discretion to waive or tcdmc a fee to more appmpriawly mneUch the workload imposed by the permit. Ifthere is a dispute regarding the fees charged, appeal nag be made to the Construction Board of Adjustments and Appeals. at rn t L IL c R d L O 4- 0 uus L O U 0 E c m EI N O N M T N U J to a� c at in w c O U c aD t r Q Packet Pg. 77 7.C.1.c S.2 PtelbuhisryPte &PostDtarnW Cecubdons 5c lau0 OUdKwd s 12/14/2010 Cost to Cute Rep= C&T T*4em No, M-261.2 Packet Pg. 78 7.C.1.c Se.1 Oadrofrd Marhu Omnar caleulmti m Smmmry Pre -Take Drahtage Calculations Dee4p Criteria: Aj Post D mdopment Land ❑se Designation: Desrrtptfon Total Project Total Aereagc 198 se. Toad D'�ileii * 0.51 ec, impervious .pavement 1.13 so. R%Mvious Pavers O.US ae. Ptr mts Opm sp— 1.26 ae. Perviom Total Z" ae: impenlomr Area 1,72 ac Parvkm Area 1.26 as Percent lmpervinns 57.72% Percent Parviuus 42.28% 03-261 Rued SWM5C ks 1z-9 Yo xk 1213MIo 9M AM Paga 1 of4 Fxpamd sr• Lv181trr1rre - WRPMINGc nvG awO"f:ft"F4 00" 8x L*74*e. F.E Packet Pg. 79 7.C.1.c sr. Lwk 000u rd Msriun D~ C dcaVjoos S==&rY B) Compute Basin A 5CS Curve Number Use Coastal Zone Value 10.9" x 0.75 = 8.18 lushes Available Soil SlmW (&18112) x 1.26 - 0.96 Acres Eguivnlcnt S61 Storage (0.86 / 2.98) x 12 3.46 inches CN 10001(3.46 +10) 74.31 F) Design Stflrn'>s: per. SF.W.MM. Rainfall Depths) Total Site Area 2.98 Ae. 1) 10 Yr. - i Day P 6.0 in (Roads1PartFfW V - ((G.QO - ,2 * 3.457)^2/(6.00 + .8 * 3.457)) * 1'112u * 2.980 — 2) 25 Yr. - 3 Day P ; 9.5 in akdgn /Paimdw BamO V- ((9.50 - .2 * 3.457r7J(9-50 + .8 * 3 A57)) • 1'112" * 2.980 = 6) 100 Yr. - 3 Day P- 12.0 in (FYnuh Floorcl Mien) V Q ((12,00 - .2.3.457r2/(12,00+.8 * 3,457)) * 1Y12" * 2.990 - Atpuad 6y, c1il.PMER -' EKING. ING. 0.80 ao,iL 1.57 Ass.$. 2,15 ac.ft. M T— A N U J N N C r V R L 0 U c m E t U ns r Q 03-26I RcrGad SWMSCa1w 12-3-1 oils 141312010 LtialNacHYTrAId tm�h. 9:a4 AM Pap 2 of 4 comas wz r� r s. Packet Pg. 80 7.C.1.c St r.arle Onboard Marine Dmiuw Cakulariom SUMO-Y PTqmtd By. CUL.PEPPER-Ult ENING,LNC. Proiec #Aa-2G) 11) Design Criteria; {POs(-utvelopmCmt. Conditions) A) Quality -- I The sUm-matet irtanapen=t system will consist of a dry detention pond which wM diachmge to existing catch basin Mooted along North 2nd Street. a) Per S.F.W MD., dry detention vohvm tali provide for the following, whichever is Seats 1) 1 inch ofnmofFx total drainage area i) CaicuWW Rwx ff Volwue --,> (0.75 * 1112 * 2.98) = 0.19 W-It 2) 2.5 inches Ours flue percentage of imporvimmaos 1) Site ar18, forwslrrr quality pervioUGAR ravioua calculation only Total Project - Roof = site area for water quality perviousavmVious -2.98-OM 147 sc ii) Tmpemous Vve, for water quality pervious nMa vious calculations only (Site area fear water qual ty paviowimpeviom) - pervious - hmpumus area, for wale gW&tY}rmWueWTvrvmW -2.47-1X 1,2150 A) Pemmmge of irrrpallvious for water qra Uty Un pervioue axes for water quality *100] 1 Site area for waterqueiity Impervium C 1.21 / 2R7 4&99% iv) For 2.5 in times tie pie impeMous - 2.5 * 0.49 1.22 in to be treated v) C.ampule vohm= acquired fare quality detention jhwhes w be treated x (total site) x (0.75 dry detention redaction) - 1.22 * 2.99 x 0.75 x (1112) = 0.23 w-ft b) The site's water quality vokirm = OM eo-f't B) Ovodlnw Elevation: 1) water Quality Tmatment Elevation (T4„): a) Vt = 0.23 w-ft b) Interpolate ftom the site's C mbmW Stage vs. Stot3age comprtntions 1 amem E3 = &V & &S NGV,D. c) ITO. - 6.33 ft NGVD ra Water QmaUV We& 1'ra►dded 03-Ul RCVWS"WMSCkllcs 12-3-10.* t2 *010 9:34 AM Page 3 of 4 CAmk6WBy. p*ftW rmn iR X1. LTaaa of edcz,fu, ra. Packet Pg. 81 7.C.1.c Sr. l tck Owt6aard Math w Aranap Caicnla = S=M41Y PmwzdZr CU1.PZIMR-'CMEWLNG,LNG prc&d#:A3-261 Q Mb dinur i Orvatsow. 1) Roads and Parking. ]) 10-year,1-aY Peak S% = 729 R NGVD to Routed H a) um arkm devotion at LW H 2) nom Floor Eieva6orr a) The project is located is Flood Zme W with a base flood devabon mftdt of the 5D0-year flood event per FIRM Map dated 11/0411992, Panel 91211 ICOi 79 (i. b) 100-yearr, 34ay (Zero Discharge Stage (Wcnlatien) 1) YIW72.= 115 W-ft Interpolate from the site's CoT*Met Stage vs. Wrap computations betweaa El.= 9.5' & 2) MY NGVD "Refer to aturehed" 3) 9.96 ft NQVD c) Set mWmm Firdsk Floor Ficvadon at II A' NGVD 3) Perimeter t3t�ade: a) 25 yea, 3-day Peak Stage= 6.14 NGVD (asaroao�cer� 1 Set pedmeftr berm at S.Ml NGVD 4) Allowable Diwh=W. Tire atlowshle pre-devdopmatt diwbargs ie per City of Fort ft= AdICPR r�. a) Pre -De kv=t dimbexpe = r 0.63 efs (2Syr - 72hr StDTM) Post-develnpmeW is based on muted hydmVmpb. MO b) Post-Devtlapmant discharge= I D,A7 efs (23yr - 72hr Storm) D) Check Bleedcw Vohrme: 1) Theprojwfs discharge is controlled by tlw mWm= 3" blares. T) On -site & Off -alto Erosion ansi Sediment Clontrul Mdwdolog . 1) The contractor shall inVIumnt best mzzg=c&dp to inchrdr tbC fiolloWfW,. a) histall silt f w a weal to perimeter 1 es, b) ImuH turbidity barriers adjacard to all weW areas to minin *W turbidity blwns. c) All dry detention slopes, swalcs, sad project paimetcrberrm shall be udded to u6nilmim erosion 03-261 Ltoriod SWMSCaka 12-3.10-As 12)312010 5:34 AM Page 4 of 4 oba d ar "iA PEN" 11 cMdw Bra H kr" p$ Packet Pg. 82 7.C.1.c St T,Ide omtbeerd Martot DmhL e COP*600 Svmm ;rY Post Development Drainage Calculations 4 Desk Criftria: A) Post Dovatopmert I a W Use Dadgmdiew D"Olptkn Total Prmvj t Total Acmge 2.0 as Total Boding 0.51 ea. tmpervtoas Pavement 1.13 w. Impayk— Pavers 0.08 W'. Pervious Open Spero 1.13 ac. Pervious Total 235 as ttapercious Area 1.72 as Parvkm Area 1.13 sc Percent impmVioul 60.35% Percent Puns 39.65% 03 Ml RrAwd SW ASCOkm 12,3-10xis 6:20 AM Page 1 of 4 hgmvd lb: cT,11d'MPBB - ITA? SAID % INC. i) C"Ugm by., PO U cm*dmr• $aez4hL ns Packet Pg. 83 7.C.1.c st.t.Kk0r&* ►aMeaDe De.+7aw caROwx 1 M Spy B) Compute Btt vi A SC6 C»rvc Wamberl Use Coasts] Zone Vaiue 10.9" x 0.75 = 8.18 Inches Available Soil Storage (8,18112) x 1.13 R 0.77 Acm Bgt1inw son Swrw (0.77 / 2.95) x 12 3.24 )mhos CN 1000 / (3.24 +10) 7 2 F) Design Swrnz. (Per. S.F.W.A D. RainiallDepdw) Total site Area = 2.85 Ar- 1) 10 Yr. - 1 Day P: 6.0 in (Roa&1P4dbW V = ((6.00 -.2 * 3.241)A2l(6.00 + .$ " 3.241))7712- * 2.850 - 2) 25 Yr. - 3 Day P - 9.5 in. (IMdRX /Perimeter Berm) V— ((9.50 -.2 * 3.241)"V(9.50 +1 * 3.241))' 1'!12" * iw = 6) 100 Yr. - 3 Day P , 12.0 in (F n ah Moor Rewt ion) V = ((12.00 -.2 * 3.241)112/(l7-00+.9 * 3.241)) 4 1 Yl2" r 2.850 Peq=d By. C LFE"IM - TERPF.r+A1st;.INC Pruim"261 0.79 aafL 1.54 w t 2.10 =ft, M V- A N U J N N C r V R L 0 U c m E t u 2 r Q 03 261 RevW SWUSCLIm 12.3.10ab 12110MO10 CttoWu sr ?Pkk Peook ss 6:20 AM Page 2 of 4 Q"w". m&aiw ra Packet Pg. 84 7.C.1.c SL Lade OWboard MmAme Dniaaga CalC,40k- Y P"Paw By. Ct►t. Wnz-i1RFF.dvA G, INC. PrciMM-03-261 11) Design Criteria: (Post-DmIopumt condt ONO A) Quality: 1) The etotYuwater mmugexmt sys m wo consist of a dry 4dattion pond wNch wlll diwjm gc to existing catch basin ]Dented along Nor412nd 5hvm a) Per S.F.W M.D., dry dcWTbon volmne =ball provide for the following, VWChevrr is grata: 1) l inch ofremo8'a local drts*F aeon i) Ca mdated R moff Vohmw =s (0.75 a 1/12.2.65) = 0.18 004 2) 2 5 inches tunes the percentage of itapeav9ouMWW i) Site: area, for water qualitypmNiomimipervioue rakulalm only Total Projewt- Pod= site area for avatar quality pelviallarom = 2.55 - 051 2.34 w i1) htlpe mous area, for water quality pervknmh Zpc vw= aalcub t ns (Site area fox waterquaiitypaTi m9impe vious) - pervious impervious area, for water quality ptaviouvilupmelotts —2.34-1.13 1.21 ao iii) Fmvdago of hmpwAwz for water quality [Impervious area for water quality 0100] / Site area fur water quality = ItUpavious -1.21/2.34 51.71% iv) kw 2.5 in timers the pmom tage impervious - 25 k 0.52 1.29 in to be treated v) C®putr, volume regnimd for quality detmitioa [incbe s to be trmW x (tote] site) x (0.75 dry detemtivn reduction) _ =1.29 * 2.85 x 0.75 x (1/12) - 0.23 ac-h b) The gibe's water quality vohmm - 0.23 Waft B) Overflow Elevation; 1) Water Quality Treaune nt Blevatiim (Tees): a) Vt = 0.23 ao-ti b) Imapvlate fiom the sWa Combimd Stage vs. Storage oo®ptdFdom betwuea El .6,V dt 6.5 NGVD. e) Tom„ = 6.33 ft NOVD o Water Qxalie3' W& PmUd "I Revised SWm9C4ka 12,340J& 17/t oR010 Boo AM Page 3 of 4 OYu,Lfa9x Mft Pot m* U Qt"I ;m,x .ea Packet Pg. 85 7.C.1.c St. I.rde Oatb#RrO Marbe praaiaFt calwwow try piqpered Br.. CM.,VIWI? sR - 78kMiNG, INC. !'rojed#O-2b1 Q Mininmlur alevatim: 1) Roads and Paddnv i) ]0-year, l Peak Sage — 7.26 ft NCrVD er to Raear d H J aqSg minimum devalion at 2) finish Fkmr 13levzUm (F,P.13.): a) The project is located in Mod Zam 'k- wltb a base flood devotion OUWde of the 300-yam' flood went per FIRM Map dated l l/04/J 992, Panel #12111 CO179 G- b) l oo-year, 3-day (Zen DischuP Stagx Calculation) 1) V"O.,7ZIW- 2.10 ac4t lntsrpolat Srnm ae site's Combined Stage vs. Storage computations between Bl.= 9.5' & 2) 10' NGVD 174h'er to attached" 3) 9.96 ftNGVD c)Ise miadmUsm Finial Floor Elsva" at 11.0' RGVD 3) Pabrater Gm1= 3 Pak S" = 9.07 NGVD as...asyc�r) 112 set zmtftr beam at NAU, NCVD 4) Allowable Disdwrge: The allowable pre4c"lopowt h iscbsrge is per City of Port Pierce AdICPRmuflugs, a) ArtrTou diwbmrp = 1 0.47 oft (25yr r 72br Stwm) Post-�is bwcd on rvutcd hydmgreph. ��- �-� 11) Post-Developmant dischoga - t 0•47 cA .1(25)'r - 72iT Storm) D) heck Bleai= Volmne: 1) The projco a diseharp is controlled by the 3° blecder. E) the -situ & Off-dta Fromm and SacbrAcut Control Melbodolow. l) The mmu=W sbail inTlalneut beat sett ptactioes to inclu& the fallowing: a) install silt fa= adjacent to pwtnletvr proptat m b) hlslall turbidity barriers adjacent to all wetted arseas to tukdn3 zed turbidity bluets. c) All dry detemion slopes, swales, and project pairmter banns AuM be sodded to n ieimim erosion 03 261 Av4WSWMSGtes 32-3-1n.xk IM O/2010 8c20 AU Pw 4 of 4 ca�wea,� rnz�,,rx Packet Pg. 86 7.C.1.c I It gm L r U o p E a Q N Q � O N ' p� M_ is M V � N U J N N co L d a Packet Pg. 87 7.C.1.c Nk.*: part site soda: Stor 9tatvs, 9msi" QrDW ] UL11Z T3". 9"ta mazlim G7f Rsilg zs A3e, stbm t:urstientm): 0-00 Icaiafell amruat(imi= 0.000 7dme of Comc(mia)s 15.06 Arra(aa), 2.05D Tsar ohiftrA")e a." car" N"am r, 75.50 Time SSlcswm t(mi0); 13.06 D=Ie)a 0.00 0aw allowable 0(cfal: 999999.DOC cr:a:as.cc� .�.c. w. c sa e.c s,ce gage -�- ��. w,srmeea�awrsw..w.x..erie�ea..a.arr t)gge: bx�Y bass Tl.or(cfr): CON lain Staee(ft): 3.900 Ora": BUS tlern 6ta0e(ft). 12.000 Typal Title/Ste9e zie¢St»�e) sra0r[ft) 949.00 9.000 __^----.....................----`------'-- '-`-------------------- ][emec star bars Rlac[cfr), 0.000 Snit Ste Sft), 21.500 erw0e SM 1[erm stapalit), 11.000 Type' St1k9*/Lr" gtape(ftl Arm(ac) -- - - 3 500 0.0000 a.000 0.1300 5.500 0.1500 6.ON 6.2000 4.500 0.2500 7.000 0.3200 7.500 0.3600 0.000 0.4200 9.900 0.1600 9.000 0.6100 9.500 0.9200 10.90D 1. 2000 10.500 1.4700 13.000 1.7500 s= _ _ _��ec aea¢e¢c¢e¢ccasr�.coee as . broil Strmtturee ar....:.wa..awaa.a.wawa.sw..sah+lamrara,xsc= -_eapsmaeccas..>=cc,.a=¢crse=ceeceecmzcerseeecrosruceeeas oe+.es...w..e,ea..aacar.,s -c�s�ma� a4 semi C9mtto3 Trpm Spa, otar 1wnBtbS€t)I 20,00 Group. has1 To Soda: b*De 4outxt. 1 vpsnxax DOIOSOTRZ [ sgmtiom, ]1i:ara9^r• i'anwyaace Geometry: CirmaLT cjxmamr Solution ](laoritkr. sutcantic apen(iu)1 25.00 15.00 Fla[: Botb Rise (in), 15.00 15.00 lOttramce Lpaa Met. 3.200. InverWt-):; 3.900 3. SOO lbdt Logo corf: 0.600 mnni>apIt at, 0,022000 0.0"000 Whet c"A Spear Drm do or tv Tay el.ip[iR), 0.000 0.000 xmYMt cvc1 OW use do Bob cliy(in): O.00D 0.000 Oo1ct1<os 3mms1A OpCkxaam rM riaut "ge J3eaeri7u- circe2ar concrete: Square edge x/ bea&MU Dw.tteea Fes+ Iniat "" pwstziytiaao r-LrcoAr Camerst¢: Square eg0e V/ bgadwaYY ` halo 1 oY 1 for Drop ptracbwo Control '* TALKa 1 bottom cup(ia), 0.000 Type, Vextiaalc 11avis Top 01bUft), 0.000 TYpkc: bath hair Dibo coof. $.200 deametrp: di¢c:uur arifiae Dim Coat', 0.600 69"(iw : 3.00 imettUtl : 3.000 Ai.ce(im)s 3.00 CoatTvj tlbv(2t)e 3.600 ase - -_ -; -- ocasa�xa..,wrtarswwr.¢e.aarw...a.a�c bl9a:a, 30 3x 1i ht liYltatgae: >r1i7aQ7-=-�t09 a61-i.rVC1 f►4>51RaVx 9\t0 Fr 26 11r.A32 Ovwridw DREmat¢: Tor stom w,r tion(nre)= 26.00 Wrtal1 F41s; sftvwA ka nfelY )mmtmtlia): 6.00 Intacomiect3ed Chmnel and Pond Routing Model (ICPR) 02002 Sf =m3hw Tacbnologies, Inc. Page 1 of 2 Packet Pg. 88 7.C.1.c TisaeOwn I Print tieefmie) — ------------------- 30.000 I6.00 Ames 15 Yr 72 hr Iriladranea yr 71 Iu-X37 Override Lefemlzat Yes storm Draaticn(hxs)a 72.00 FAInfall File# 9!'nm472 RzdnfjLu J=MIDt(ie)$ S.50 Tima(tr-) print X=wie) .a Hpntizg SimtlatiOna pimm- 10 yY 24 hr Hydrology Siler 10 yr 24 hr F1263aM: P: 1F8b7-s-tlo9-Y6i-l.rmc�, �T�++�'- +as5rs8�110 7r 24 Lr.132 H.Reut^es Yea Reaterts 110 Patch; mo Alternatives DO Max Delta Zift)s 1.0(1 Delta 8 raarerr 0.00500 Tice atap cptielaess 10.000 Start 2,Dw( xa)s 0.000 Zed Sinalkcs)j 30.00 mi.. Cale timafaeri: 0.5000 xax CALL Fim(eee7s 60,0000 Ranedary SCageae P4snedasy Y3jBMz Tim-(}eee) print Z=(u4u) ---------- - 15.000 ------- 30-000 runup RtvA ---- -`-------` ----- Emit- NAM. 25 Yr 72 hr vyarology Sims 25 Yr 7$ 1a F1leae a yr 72 hr.132 Axecates Yea Rertrrt: 8o Patch- Bo Alterpwt;LV*- NO Ye% Delta I(it)1 1.00 Mta Z Fscu[ f 0.00500 Time atop Optimizer: 20.000 ss:art Tim Thrp)A 0.000 znd Tiae(hrA; 72.00 gip Cole Tima(aar): 0.5000 XLK Del& Tiae(sac)s 60.0000 ScumUiy Biagaoa SmAdary F).ovas Tizw(hse) Print Iac(gssa) -------- -O T4 - ----------- S group 34M -- ----- ----- S--E Ye- Intercrrmwed Channel and Pond ItoW4 Model (ICPR) C2002 Streamline Toctmologise, Ino. Page 2 of 2 Packet Pg. 89 7.C.1.c SJ Ag eacyApprlicatiojs 5t L=ic ou&Dwd Page 9 12/14/2GIO Cant to om Rtpmt C&T Prcica No. 03--261.2 Packet Pg. 90 7.C.1.c CITY OF FORT PIERCE COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION C.OU*M4E?MvEPLAWNVGODFve.opM rR€v&wv H0TQ{CPRE&eRv.47=oUimwDamOUASMFORMTRYvZONM APPLICATION FOR MINOR AMENDMENT Project Name: 1. Description of minor amendment for which approval is r8quesW. Reason 1br Minor Amendment: 3. Prop" Tax I.D. # 4. Property address: 5. Zoning district Future Land Use: T. Name of Owmer(s): Signature of O►n ner(s): Mailing Address: {street) (City) (State) (gip) Phone 8. Name of Applicant Signature of Applicant Mailing Address: (street) (may) (State) {zip) Phone # 9. Name of Representative: Signature of Representative: Mating Address: (strut) (CRY) (om) - (gip) Phone # Fax # E-mall: 1 Rb NORTM U.S. ti►C HMY 1 0 P.O. BOX 1480 G FORT Pam, FL 34954-1490 0 772-46G-2204 G FAX 772.465-5M MM.WYOFFORTMERCECOM Packet Pg. 91 7.C.1.c A PucAT *N Fm MNM ANe0 ENT PrAGE 2 10. Property Owners Acknowledgernent V - This application will not be considered complete without the signature of all property owners of resorts, which shall serve as an acknowledgement of the submission of this application. The property owners signature below shall also authorize the Applicant (if other than the property owner) and/or Representabve to act in histher behalf for the purposes of seeldng approval of the minor amendment as described herein. Property Owners Name (Please Print) Phone Addr"s State lip Property Owners Signature Date STATE OF FLORIDA) ST LUCiE COUNTY) The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or has produced Ps identification. Signature of Notary (seal) APPLICATION RE UIREM a. Application fee b. Application submission shall include the following: .TRC (initial Submission): One (1) original and (13) paper copies of the application and support documents and provide one (1) eiecfinnic cry of the application packet as described below. •Planning Board: One (1) original and (16) Paper ooprss of the appirca*A and support dOmrnants and provide one (1) elecftnic copy of the application packet as domed below. a City Comrnisston: One (1) odgirW and (11) paper copies of the application and support documents and pm+ide one (1) etedronk copy of the application packet as described below 1. Application, 2. Narrabve of proposed changes 3. Approved Site Flan, and 4. Amended Site Plan An Intake meeting is reaqulired before any submiftis are accepted. For Clty Use Only Dde Reoshted: By: Fee Paid: Receipt Nurrbe" 10a iRTHU.S. H*c WY 9 it P.O. #.lax 1480 9 FORT M01,0F, FL 34054-14M ? 77246D-= L FAX T72-466-S M WWW,aff0FFORTP0M00M Packet Pg. 92 7.C.1.c AppucAToN Kk mwoRAmemmENr PAGE 3 City of Fort pj&fce Code of Oldingnce, Seeon 22-58.i : Any change or modftation in an approved site plan which Is not exempt from the requirements of this section shall require approval of the city commission and shall follow the same procedure required for original approval, except that the director of development may authorize minor amendments to an approved site plan which are not otherwise exempt f n site plan review pursuant to this section. Such minor amendments shall be consistent with the Intent and purpose of the comprehensive plan and this ordinance and shall be the minimum necessary to overcome the particular difficulty which necessitated such amendment. Such minor amendment shall not: (1) Change the use or character of the development (2) Increase the overall coverage or height of structures by mom than ten (10) per Gent; (3) Reduce the approved open space or increase the Impervious surface by more than ten (10) per cent (4) Increase density or the total number of dweliing units or the intensity of the development AN such minor amendments shall not become effective until a completed application form and filing fee have been received by the director of development and the director shall have advised the city commission of his administrative approval at the earliest practical opportunity; and such determination shall then become eN ctive, unless the city commission thereupon finds that the proposed amendment is substantial, not minor, in nature, Whereupon the amendment shall then be revievmai by the same procedure required for odghW approval as set forth in this section. 100 Now u.$. H*HwAY 1 o P.O, BoX 1480 0 FO)Zr PIERcE, FL 34954-1480 G 772-460-2200 :3 FAX 772466-IM www.cn YGFPORTP1 RCE.CONI Packet Pg. 93 7.C.1.c CCA He # CITY OF FORT PIERCE COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION C Evi:PLAN4DEVELaommrREvgEw HrsroFwc PRwj?ifA rronr 0 Urmanr a,rSM 0 UAuM F0RWMy 0 Zonr M CITY OF FORT PIERCE HISTORIC PRESERVATION BOARD CERTIFICATE OF APPROPRIATENESS APPLICATION crfm7m 23, ARTICLE v ATE OFMMPRIATB4M Sec OW 23 41. RequirW. No bust hV, auctm, fit, landscape bahae, or sus wlfhin the city, wft has test de nRWd a historic silo or Nstoaic disltt Aid be eredad, aid, restnW, rehabhil bd, e=vafaf, moved or deed urA an won for a c9at of appno mess regar*g any features, landscape feaUeS, or rb tmprov nts has bin sut and apprMW pusuent b the Procedures in this t"est<rres shall hdude, but not be timid to. ft w1 tecWral style, sale, massing, s , tires design and garb wargemerd of the a car of the bWft or struchn, IndwN t *type, and color of roads, wtndcr*a+s, doom and apputananees. Arc4odural feabres "hdude when Wpgw* 0mr spas Wm Heft desgWW has been given purest to ft duW Lwdscape feahm and site hnpcovernenis shed inclraie, tort shall not be limped to, site regrading, subsurface atoms, fill, Daft, WdBcWhg, w8Is, Wm, courtyards. Qns arrd exWor Bgft. No aetkate of shad be apprviad unim amd1tectural plans for such wristructim, abraffons, exmmlJon, resbraion, rehWftfion, ran or dernoffion are Wpmved by fire hisiaic Ke9enrafiun board, Section 23*. Pre4Wic0on cotdererrce. Before vibr� an aP mtbn for a ow ficate of approprofeness, an ap0=4 may cam, at such apple aWs el 6m, wdh fig h dvt pBw1 don oWwr to obtain mbrnalfOn and goldanco before enfe m into bMnq =nmt}nmts Or k=TdW "sWU exWw In the peparagon of plans, saaveys end hist= data The pmm of such vonference Is to btOr ftm and CINNY Parvatlon *Gfim and desks genes. In no case, however, da any statement or repmntafian made prior to Mot of WdW open nevievr be bin ft on the rfiy. SeWon . Guldebw for review and beuanoe. The U.S. Shy of the irdericas SWnftds for #m Tmalment of Hsbrk Properties are hereby adopted as the standards by whitt apploaW for any article of apt are to be measured and ev*ated. in adopting ftse quidehm, it is ft InW Of ttcis Cho* to Prorrrote ft MW mat ftmce, res#or bm' privation, Win, or recom trurdion elroplo to the popedy, and oompatble w*mporay desks which are harmonious wllh U* exterior ardt8CW I and type feaUw of raaighbo" h*bF. 31% and sue. From Orne to fime, the board may aW adddional siandards to p eserve and Protect special features unique b the cKy. Based an ft Sam9ary of the ifrfar's stafrdards forthe treater tof historic Wparties, ft d*nadlm report, a cornpW applWaban, any adder pWm, drawings, phis, and samples of material to ftdy desaibe the proposed ptv}ect, the hW* Proservaficrr board may` approve or deny the won for a mffcalla of WqxMMM BUILDING AND SITE INFORMATIDN s�. •gar, a TYPE QF 1 NATM: ❑ Ctxrft ►g sia xdhin the Fkdmtc District © Nxi-c� Ste Wft ft HWft Dishict o fi rmed $fa, CttyConydaton Resdullon Na 1 DO NDR rH U.S. HIGt n AY 1 G P.O. Box 1480 d FM PO�CE,1134954-1 480 o 772-460-22DO 0 FAX 772-486-ba06 WM.r rr QRRYT prERCLCOM Packet Pg. 94 7.C.1.c C.O.A. APPLICATIQN � �j PAcm 2 L C� L E. E. DESCRIPTION OF REQUESTED WORK m 0 PLEAM IN"7E THE TYPE OF WOWS REQUIEM. O a New Addition 0 New Roof a Shutters ❑ Rehabfibillon ar 13 Signage ❑ New Consfrudion o penoftn rewm 2s 4sj a Refocetiort zuq r d Minor AIberations (describe) rn [j site irnproverrtents (de=U) d 0 Other (descrita) c m PLEASE PRDVIDE A DE iAiLM DE (RIPTION OF THE PROS WORDS TOBE PERFORkW a c m L L O R&eW of SW of qVmpitaino for dea n shaf be In a=dffu whh Gila to Set forth In this fin. Darrel of an ap*atun far `o dffmft h" be v*Iertced byv&Wen orderthe public s vNc h to tb be f�• Jq E (1) The board M4 gw a owffoo of appmpdaxesa to dwdsh vO a d*mod dedw date of up to eWm (18) ltl0rrths from the dale of the booms deasbn at a PAk hearing. The etf n dais shelf be delarrnirtad by the board based upon the reW& she of fM st wuie and the pmbebEe �1ile rag eel b arrange $ pos se a� to dentollGon the derrro�ar tleie�al Pam, the board may throe such steps as I death nay b prLww fhs stnxrbge fn a=dar= with the purposes of ttrs dtaplar. Such may Irckl* btd obeli not be fed to, comtoot vet dwic groups, ptft qenckr. and k6reslod persons, leorxrs w for h ors of pr *ly by Q public or Pmr b bodies or �, and expioraft Of the Poss y 9f orre tv more rttcttrrhGs or aiit� feakhxes to worasn dais of ft 4ef nw � of appropri *nm a dernomon p nit d d3 be issued if requas, liaddbbj f fibs rs.#t T p ryy dry{ �j]] I � � sny of � �r of f�ri0 or � the board � rnws.`p� tv e. wd CD N `2) prr snaliort of bAft or oftecl�af dr and �, eW the farn',m in r *rdjon of dW W9 tc pr�fkl site board mW a�rhequoe, atifteohr Ws h ark pdarb dh lion, thr IeGOf� Oftt►s ttufi�tg bra[C}tTVat purposesbyYl (3) in huh t ail CdW pravblorts 01 des tqtBr, the board #jd wdder ft MN* g abft in vAkw&g eppkorts br a w0mle of M WpWWmafordemolimof desayabd 9WS orb Wdinp w ter a desomled *b& d tk t Mtn drudum of w 1*rest org9*11tat h Y60id(f mawrow meetrdio* ate orbod rxitada for destg *m w a Ord T a. Nsht oratclimiuralab 901K$IFB b. Is the duchae of mich design, iaatrtartstup ormate W W tcoultl be repuL ed ortty Wlh grid der hf expense? V J rn C. Is the dmat a am oftt o W mrrtWring vurpiesof 1b WW in fhe td4y, awltYGr ? d. Doesthe*jch e mmbA soamlly 1Dfhe uric dwooler ofa MsWM elk tW e. Wouid refit of the ribtrcthre Prom fire t w ft a of fhe city by � an opporfurrtY for s of hL�kxy, VdAmUe and deW or by dmmiopatg an wd&*m*q d the krrpDr m arat Wm of 8 Pmiwlar Cullum aryl hfffte? t Are robes dek* pWm far Herres of the property HIV prgir 5d won is tried 4 and what vA be the dWultm *5 on Lm in ttm ra> of f e are wnding "? m L desfptatad &Uct ue or ow vim_ In a trio cfzk , rimy notbye, mbcdad t upar approval of a aer�frcefe of eppr . in U Shm presemo or duftn m ��or hw �WR'RS161 to r� �` w1h NoKvbt tlN� d�F' � d E t 1 OD NORM U.S. HO WAY 1 d P.O. Box i480 0 Foy r RaM FL 3495d-1a484 tr 7724W22M 0 FAx: 772-06 -5808 � vm w.crrVOFF0RTPIERMCW Q Packet Pg. 95 7.C.1.c C.O.A. APPUCAT1ON Para= 3 V ern 23.61. Yard. The hlsWlc prassnMm bard sty he* the pow b vmm, VM or ~ Wndfim, the set Igdc cd-0499paft Moht, sib, densll!' 81d J=- o mgrirr3r m* of to W*rtk mft of t m p WaSm did by the * wm*sbn as itisL* eMr fndiuid d sba or burgs Win dlslrktk wltera k Is deemed sppruprb* W the =&med pwwft oftie tssiom & or his do ftd The board shy rr* gnvi such terimm when an qoca5m for a mrtfio& of 9s has beat issued b pvnvle Pam, r+ mbtliMm or rdratlan. in cmft out this resMd*, the hftric Rmriraion board ntUgt foil W to same procedures WmW brths board of a4mArnent In x6de VIIII of 22 of the Cade ofortbmm. WILL THE PROPOSED WORK IOIIIRE A ZONING VARIANM ❑ No ❑Yes, Gods girds}; APPUCATON -F F u� 9r s PLEASE ATTACH THE FOUDNING, F APPLICABLE TO THE PROJECT: ❑ $10.00 C.C.A. Application fee, check or money order made payable to the City Of Port PiW-a- ❑ Site Plan with dimensions. ❑ ArchWural Drawings -"twelve (12) sets in 11 X 17 format. Drmuings should show Wl c u not and proposed floor- plans and elevations, fences, walls, and any other landscape features. ➢ Drawings should Indicate (call -out) Materials to be used. ❑ Photos - Submit one (1) color photograph in 4 X 6 format of: the site ! trtain Wade and photWraphs of any site 1 bcade affected by the poposed pm ❑ Matertl(s) and Sarrple(s) Speciflc:abris. L3 colorsamples. Ct Demolitions - plans for what will be taidng the dwwflshed structure's place should be subnutted. PROPERTY INNER 1 APPLICANT INFORMATION PROPERTY OWNER(S) fume($): MdkV Addrm: Phone ftrbe # 100 N0RT1-t U.S. Hrrsrrvdny 1 0 P.O. SOX WO 0 FORT PE;Kw, FL 34954-1480 0 77246D-2200 0 FAK772,486-508 WAW.0trYOFFOFtTMERM-00M Packet Pg. 96 7.C.1.c C.OA APPIUCATION PntE 4 Name(s): Meltrrg Address; Phone Number # ARCHMT Ma ft Addres: Phone NrnbsKs): ENGIER Nwin (s). MMhg Addmss: Ph = Number(s): CONTRACTOR Name(s): MmIng Address: Plmm Number(s): AuUwrizat'w: The undersoied consents to hj$pe4cbom end 0hoU graphog of the Pm pwW by the His oft Preservation staff for puMoses of consWerdon of INs Applicalim ardor pmsertWon to fha Histolt PreswYabon Board. 1, as Omer of Lot(s) lr M nwm of a wvv(s)) won _ do hweby authofta the Ong of Us apples on my behalf ftrohn of Owner 100 lti0M U.S. Hrc4vAy 1 0 P.O. Box 1480 0 FORT P t , FL 34554-1480 0 772.4?300 0 FAx 772466-5906 VMWOriYOFFOR'PrU CECOM Packet Pg. 97 7.C.1.c SAINT LUCIE COUNTY FIRE DISTRICT DEIIELOPIYIENTT & SITE PLAN RiwYiEw APPLICATION 3160N.W. Milmr Drive Part Saint Luder FL $4"S Teleplrana: 772-6213322 FIM 772-621-3604 web Addrus: www.aicfd.som Type of Request �] Site Plan] Site Plan with Construction "Detail" Plans ❑ Amendment © Re -submittal [] Preliminary Subdivision Platwlth Construction' Mir Plans ©Final Subdivision Plat whit Construction °Detail" Plans E] Development of Regional Impact o Planned Unit Development [] Other Praimt Information Pmjad Name LOMOM city I _I ZIPNumbor of DWOIKM tests r Typo of Dwa4ap*Mfttwded Usa J Cis Sgwre Faee ar Strvr orals IGrm Anwage/Square Fret of Ske � watwpwvgyw OwnerlDeveluDer Infovmatian ADDlicant/Aaent for Owner Page 1 of Packet Pg. 98 7.C.1.c Prois eArehilectfflngineer Saint Lucie County Fire District Development & Site Plan Review tees Make Bags payable to. saint Lude County Fire D Wct MkW $108.75 (<5A00sq. fL or eS units) $21750 (5,000-1 OAW sq. fk or 5-15 units) $36MO (I OA00-25,000 sq, tt. or 16-25 units) major W7S0 (>25,000 s1•ft. or>25 units) Planned Unit arvekgmKbnt (PUM $1087.50 Deveiopmettt of ReOWW impact (M) $14500 Applk able codes The Florida Fire Prevention Code, 2007 Edition. Saint Lucie County Fire District Fire Prevention Code, Resolution 40().03, by local amendment, Client Agreement I hereby authorize the above listed agent to represent me. I fully understand that the review fees charged by the Saint Lucie County Fire District are separate from all City or County fees and must be paid upon submittal of documents. Page 2 of 2 Packet Pg. 99 7.C.1.c S.4 Technical Services Cost Estsmatm k Luck CUboud ire 10 12/14/2010 C,ot to C= I EP= C&T "WN m 03261.2 Packet Pg. 100 7.C.1.c 55 consa tCdon cost Estbim tee 12/14/2DIO Sr. Luce Outbo%W C&T Ptojeallo. W261-2 Cost fo Cute Rgpoa Packet Pg. 102 7.C.1.c Caafiactor Wormadem N-e- Madhes Address: 2M S. 25th St Address: !aunt Pieror, Fl, 34981 Pho= (77x0 464-3537 Fax: (772) 464-9497 EXHIBIT 8.6 ST, Lucia Dutboard Cost to cute Project ltufacmat;.on St Ut& Outboard CDSt W Cure Goat to Gum 0}261.2 Date 11/30/2010 i Il M NO. DESCR1PTJON ESTIMATED QUAN"1'rf 13M'i UN1TPR3CF• AMOUNT Madifit�tioas 6 llunhwo* $25 CY 4.00 $ 2,1U0.00 7 Swale 2351 Lit # 10.00 # 2,350.00 8 15" Concrete Cnlma, 32 7F 32,00 1024.00 9 W, lfflS 21 UA # 375.00 s 750.00 Sub-TofalAminap # 6,224°0 LandKsping & Iniaseum Buffer Coaemuedon 10 Osk/Palm Tree Rdoodon 15 P.A S 50.00 1 750.00 11 12 Sbsubs/Grntmd Covet Sod 280 530 1.1.E SY # 5.00 1.50 $ 1400.00 # 795.00 16 IJraes 300 LF # 5,D0 ; L500.00 Sub -TOW W.&Cspc # 4,445.00 Utffi 17 Rdomdon 1 !lA 5 6 0=27 # 6,012 27 18 Fctcit Srrdsoe Relocations 1 EA S 2500.00 # 40 Sulr'1'ami Utility # 8,512.27 Pumuff Lot do Misc modi Cod ms 19 lPaAing WP2= Parcment=MOVsl 2S SY S 20.00 # 500.00 20 S Consumdon 25 SY S 53.00 # MOD 21 22 Concrete Hsadrt Curb C.r►ast Aruhor & Pnle 4S 1 IF IS S 12.50 # 500.00 # 562.50 $ $00-00 23 NPDgS 1 IS 5 1,500.00 # 1,50D.00 Sub-ToW Pm i�g Lot # 33,887•50 Sub -Total All # 23.MS.77 Mobliza i & Inu =C4 5% # 1,153.44 OWi%g @20% S 4613.73 TOTAL # 28,835.96 tnre: Name: 't5tlr: Dams; Packet Pg. 103 7.C.1.c EXHIBIT C ESCROW AGREEMENT Packet Pg. 104 7.C.1.c ESCROWAGREEMENT THIS ESCROW AGREEMENT ("Agreement") made this nday of November, 2013, is by and among BANCSHARES REALTY, LLC. ("Seller"), ST. LUCIE COUNTY, a political subdivision of the State of Florida,("Purchase r")Culpepper & Terpening, Inc. ("C&T") and TREASURE COAST ABSTRACT & TITLE INSURANCE CO., a Florida corporation, 426 Avenue A, Fort Pierce, Florida, 34950 ("Escrow Agent"), WITNESSETH: , WHEREAS, Purchaser and Seller have closed upon the sale of real property more fully described on Exhibit "A" hereto ("Property") contracted for purchase and sale at a price of $105,300.00, with $35,000 for the purchase of road right -of way, $58,300.00 for cost to cure and construction, and a contingency of $12,000.00 as stated in that certain Contract for Sale and Purchase for Real Property Acquisi- tion between Seller and Purchaser effectively dated ("Contract"); and WHEREAS, the Property constitutes a portion of land identified by Folio No. 2403-705-0019-000/3 ("Parent Parcel"), and the portion of the Parent Parcel re- tained by the Seller is referred to herein as the "Remaining Parcel". WHEREAS, the Remaining Parcel is not in compliance with the City of Fort Pierce codes; and WHEREAS, in order to protect Seller and its Remaining Parcel, and to assure that Seller, despite its closing upon the Property, will not be burdened by bringing the Remaining Parcel into compliance with City of Fort Pierce Land Development Codes. Seller has agreed with Purchaser that the sum of $70,300.00, representing the estimated Cost to Cure, plus the sum of $12,000 for construction contingencies, shall be paid into escrow at Closing by Purchaser; and WHEREAS, the funds shall be held in escrow by the Escrow Agent to be drawn upon by C & T in accordance with this Agreement; and WHEREAS, the Seller shall designate and appoint C & T as its agent to facili- tate and manage the curative work required to bring the Remaing Parcel ino compli- ance; and WHEREAS, C & T shall endeavor to enter into an agreement with Xtreme Green Property Management, on behalf of Seller, as Seller's agent, in an amount not to exceed $30,000.00 to complete the curative work as set out in the report dated September 04, 2013 prepared by C & T and attached to this Agreement as Exhibit "B". In the event the Cost to Cure is less than the amount placed in escrow, the ex- cess funds remaining in escrow shall be the property of and shall be paid to Pur- chaser. The provisions of this Agreement regarding the cure and payment of the Cost to Cure shall survive the Closing. Page 1 of a Packet Pg. 105 7.C.1.c NOW, THEREFORE, in consideration of the premises above set forth, Buyer and Seller mutually agree as follows: 1. The recitals set out above are incorporated into this Agreement. 2. C & T is hereby designated and appointed by Seiler as Seller's agent to facilitate and manage the cure of the Remaining Parcel. C & T is specifically au- thorized to contract with Xtreme Green Property Management on behalf of the Seller and to act on behalf of the Seller in respect to the cure of the Remaining Property. Seller agrees that sums may be disbursed from time to time to C & T from the escrowed funds held by Escrow Agent for use in the physical improve- ments or code compliance related issues pertaining to the curative work. When all curative work and the final inspection related thereto are con- cluded, C & T shall apply to Escrow Agent for release of the remainder of the es- crowed funds needed to make payment in full for the curative work. The request of C & T shall be approved by Seller provided Seller is satisfied with the condi- tions then existing as related to the Remaining Parcel being in compliance with City of Fort Pierce Land Development Codes. At that time, any excess funds re- maining in escrow shall be paid to Purchaser. 3. The escrowed funds shall be held by Escrow Agent in an account with a bank insured by the Federal Deposit Insurance Corporation. 4. Should demand be made upon the Escrow Agent for release of es- crowed funds other than for the purposes herein above stated and without the mutual agreement of both Purchaser and Seller (acting by and through C & T), Escrow Agent may continue to hold the escrowed funds until Purchaser and Seller come to a mutual agreement as to the disposition of the funds requested, or file an action in the appropriate Court to resolve the dispute. 5. In the event legal action is filed involving the escrowed funds, Escrow Agent's sole responsibility shall be to place the escrowed funds into the Regis- try of the Court having jurisdiction and Escrow Agent shall thereafter be dis- missed from the action. 6. In the event Escrow Agent incurs costs and legal fees in connection with the failure of Purchaser and Seller and C & T to reach agreement necessitat- ing legal services by or on behalf of Escrow Agent, Escrow Agent shall be entitled to be reimbursed for costs and reasonable attorney's fees as may be incurred by it, payable by the party or parties as the Court directs. 7. Purchaser, Seller, and C & T agree to indemnify and hold harmless Escrow Agent in connection with costs and reasonable attorney's fees which Es- crow Agent may incur due to disagreement by the parties as to the use and man- agement of the escrowed funds, and further agree to indemnify and hold harmless Escrow Agent from any and all claims that may be made against Escrow Agent by Purchaser, Seller, C & T or any third party who may make claim against Escrow Agent on account of the escrowed funds. Page 2 of 4 Packet Pg. 106 7.C.1.c IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. IN THE PRESENCE OF: APPRGV,ED AS TO F AND CORRECTNU BANCSHARES REALTY, LLC "SELLER" PRINTED NAME: IT'S ST. LUCIE COUNTY, a political subdivision of the State Printed Name Title: Page 3 of 4 "PURCHASER CULPEPPER AND TERPENING, INC. M A IT'S U PRINTED NAME: N as TREASURE COAST ABSTRACT & TITLE c INSURANCE CO.; A Florida Corporation T L O By.FRANK U H. FEE, III, Esq. c IT'S m E U "ESCROW AGENT" a Packet Pg. 107 7.C.1.c C,,LL-4- "A LEG=lTIPAR2H'Y TRACT) NWfEsb, PANE Ibis PARCEL 1: LOT Is, LE N THE SOUTH 26 FEET THEREOF, OF ABBESNOA'S YAP OF THE NORTH PANT OF PORT PIERCE, AOOORDINB TO THE WP OR PLAT rWREOF AS RECORDED IN PLAT BOOK 1, PAGE(S) 1E4, PUBLIC Own OF ST. LUDIE O0mm, F'LORiLM; AM LOT 14, LESS THE MOM 25 FEET THEREOF, TOSETHER WM THE NORTH SO FEET OF LOT 15 OF THE PLAT SHMNO SUR W OF LM 14 AND NORTH 60 FEET OF LOT 1$ OF A DR'8 YAP OF THE NORTH PART OF FORT PMMI AOWRDINN TO THE YAP OR PLAT THEREDF AS RECGROED IN PLAT BOOK 4, PANE(S) 07, PLELIC RECDIIDS OF 8T. UCIE CUM, FLORIOA. PARCEL 2: THE NORTH ONE AND ONE-HALF FEET OF TiOi FOLLUNINO DES PROPERTY; THAT PART OF THE SOUTH 66 FEET OF LDF IS, ASSESM'8 YAP OF THE NORTH PART OF FORT PIERCE, AS ORIGINALLY RECORDED IN PLAT NOOK 1, PAGE GQ, BREYARD CD fi f, FLORM PUBLIC REOMIM, AND NOR RECORDED IN PLAT BOOK 1, PA0E(8) 164. PUBLIC REODRDG OF 8T. LUCIE CMKTY, FLORITJA. • t • T} A ^' "•�� 1 If ." IIR SURVEY NOTES: . THU iB OW A BBU DW SWIM- ft. ALL BEARIMBB AND DIGTANM ARE SAM OR LEw coso apnow Pray= BY BT. LYCIE MOM, FLORMk S. Wr VALID WrTNXif THE slo ATuFE ME gaer YLL RATWD VAL OF A FURIDA UCBMW OWNEYDR AND ""W. LEGEND: M.D. - POW OF MEDINNING Packet Pg. 108 7.C.1.c 1 \ _ \ LOT 13 \ ASSESSOR'S MAP OF THE \ \ NORTH PART OF FORT PIERCE, \ M 1, PAGE 164 l\ \ �D \ PARCEL #705-0019-000-3 4�-1__._...----- -- - \ 25.0_ PARCEL AVENUE Gi0-0 -TVACATEO) - �.� 25.0' -- - LOT 14 PARCEL 0705--0020--000-3 --T - - - - - - - - - - - 51.5' - LOT 15 N0T A PART Of THi5 SKETCH i \ 1\ Packet Pg. 109 7.C.1.c LEGAL DgSMPTZON: A PARCEL LAND LYING IN SECTION 39 TOWNSHIP 35 $DUMP RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA BEING MDRE PARTICULARLY DESCRIBED AS FOLLORS: BEGINNING AT THE INTERBECTION OF THE SOUTH RIGHT OF WAY LINE OF AVENUE H WITH THE WEST RIGHT OF WAY LINE OF NORTH 9ND STREET, PROCEED ALONG SAID WEST RIGHT OF WAY LINE OF NORTH 2ND STREET THE FOLLORNG THREE COMES AND DISTANCES: 1.8 10' SO' 48• E A DISTANCE OF 201.30 FEET 2.8 19' 01' 01' E FOR A DISTANCE OF 26.42 FEET TO A POINT S.S 15. 48' 24' E A DISTANCE OF 196.01 FEET TO THE SOUTHEAST CORNER OF THE GRANTOR'9 LANDS; THENCE ALONG THE SOUTH LINE OF SAME 8 89' 52' 67' W A DISTANCE OF 2.40 FEET TO A POINT; THENCE THROUGH THE LANDS OF THE GRANTOR N 16' 23' 58' N A DISTANCE OF 456.20 FEET AND 8 84' 49' 40' N FOR A DISTANCE OF 78.08 FEET TO A POINT ON THE SOUTH MIGHT OF WAY LINE OF AVENUE H; THENCE ALONG BATE N 83. 39' 19' E A DISTANCE OF 109.88 FEET TO THE POINT OF BESINNNING. CONTAINING 5582.20 SQUARE FEET N83' 39' — AVENUE, S84' 49' 40"Nf 78.08, N16' 23' 38 \ 456.,' LOT 13 1 ASSESSOR'S MAP OF THE 1 NORTH PART OF FORT PIERCE, PS. 1. PAGE 164 1 PARCEL #705-0019-000-3 ,2 O PARCEL; 0.B.L 25.0' 1 LOT 14 PARCEL 0705-0020-000-3 51.5' —LOT 15 S89' 52' NOT A PART OF THIS SKETCH ---- -----------I PARCELS 1705-0019-000-3, J705-0019-010-0 & MORW & EKLUND INC. #705-0020-000-3 FROFE!alONAL INURVEY CONaULTANTE SKETCH OF LEGAL TAYLOR ENGINEERING V45 US W.HM f+ $aro 3F� � xYNS, am 4n rt 7781a omNnD two, rt siNl i ) a M"r, vrane (asq asi-68s7 FAX (77R) bB6-sli3 FNf: �' ) �A1-0151 p°°`'a o r raa.ow ■J. .,.o � ,� N A 5429.ua r a Tw — 3 r S Packet Pg. 110 7.C.1.c EXHIBIT D PERMITTED ENCUMBRANCES 1. Possible additional assessments for taxes, either prospective or retroactive, for new construction or for any major improvements, as well as for current year's taxes levied or to be levied and not yet certified. 2. Unrecorded easements, discrepancies, or conflicts in boundary lines, shortages in area, and encroachments which an accurate and complete survey would disclose, or which are not shown by the public records. 3. Easements and rights granted for utilities. 4. Rights, public and private, in and to any portion of the Premises that lies within the right of way of any public street or alley abutting the Premises. 5. Zoning and building laws, ordinances, and regulations. 6. Property taxes and assessments for the year of the Closing and subsequent years. 19 Packet Pg. 111 7.C.1.c EXHIBIT E i. Purchaser Information - required for each person or entity that owns directly or indirectly an equity interest. (Must obtain at an individual level - organizational documents for Business Entities) Purchaser Legal Name: St. Lucie County Board of County Commissioners Address: 2300 Virginia Avenue City: Fort Pierce State: Florida Zip Code: 34982 Country: USA Company Website: TIN/SSN:N/A Date of Birth: N/A Owners of Purchaser - repeat as often as necessary to obtain an understanding of all owners. Purchaser Legal Name: St. Lucie County Board of County Commissioners Address: 2300 Virginia Avenue City: Fort Pierce State: Florida Zip Code: 34982 Country: USA Company Website: TIN/SSN:N/A Date of Birth: N/A Source of Funds Name of Bank: Location of Bank: Address; Country: Name on Account: Account Number: M A N U J In a� c in r U ca L r- O U c N E t U R r Q 20 Packet Pg. 112 7.C.1.d Addendum Three to Agreement of Sale c This addendum is entered into, effective the 271h day of January, 2014, by and between Bancshares Realty, LLC ("Seller") and St. Lucie County ("Purchaser"), amending and supplementing that Agreement of Sale dated December 3, 2013, as previously amended by Addendum One to Agreement of c Sale dated effective December 16, 2013, and Addendum Two to Agreement of Sale dated effective January 10, 2014 (as amended, the "Agreement") concerning Port Entrance Road, North 2nd Street, Port Saint 0 Lucie, being a portion of parcel number 2403-705-0019-000/3 ("Premises"). Seller and Purchaser agree as m follows: 3 J 1. Capitalized terms used but not defined herein shall have the same meaning as in the Agreement. 2. The Closing Date is hereby extended to on or before May 30, 2014. 3. Except as amended or supplemented hereby, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the day and year first above written. WITNESS: Oftou n C ,L Shed Ondercik s Rema Rodriguez ATTEST: Deputy Clerk SELLER: Bancshares Realty, LLC By: U Name: o � Title: John R. Ga*We PURCHASER Board of County Commissioners of St. Lucie County, Florida Chairman Approved'akto form and County Attorney ess: Packet Pg. 113 7.C.2 ITEM NO. RES-2014-51 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 04/15/2014 *CONSENT AGENDA\COUNTY ATTORNEY Resolution 2014-51 - Right -of -Way Donation from Lucie Rock, LLC - Emerson Avenue/Laidback Way, Rock Road and Sunnyland Drive On September 3, 2013 the Board of County Commissioners approved the Lucie Rock, LLC site plan known as St. Lucie Commerce Center subject to conditions. Condition Numbers 2, 3, 4 and 5 required Lucie Rock, LLC to donate right-of-way to St. Lucie County, in a manner and form acceptable to the St. Lucie County Attorney. Lucie Rock, LLC has provided a Special Warranty Deed for your review and acceptance for 30 feet along the east side of Emerson Avenue/Laidback Way, 20 feet along the west side of Rock Road and 5 feet on each side of Sunnyland Drive. PREVIOUS ACTION: July 20, 2010 - Board approved Resolution No. 2010-105 granting a change in zoning from AG-1 to IL for 16.422 acres. September 3, 2013 - Board approved Resolution No. 2013-167 granting Major Site Plan approval. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board accept the right-of-way donation from Lucie Rock, LLC contingent on the Phase I Environmental Site Assessment, authorize the Chair to sign the Resolution and direct staff to record the documents in the Public Records of St. Lucie County. 14ca ►] "il►�ifi;1-[9P►I_Ts"191 F Packet Pg. 114 7.C.2 Coordination/Signatures Heather Young, Asst. County Attorney 4/4/2014 Faye W. Outlaw, County Administrator 4/11/2014 Updated: 4/7/2014 8:56 AM by Kelly Phelan Page 2 Packet Pg. 115 I 7.C.2.a I SHADYLAKEL ,�TFRSTq\ TF9s St. Lucie Commerce Center Q St. Lucie Commerce Center Right -of -Way Donation 30 feet - 20 feet - 5 feet N Map prepared March 27 2014 Packet Pg. 116 r�- 7.C.2.b LEGAL DESCRIPTION BEING A 30.00 FOOT WIDE RIGHT —OF --WAY LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE INTERSECTION OF THE EAST RIGHT—OF—WAY LINE OF EMERSON AVENUE (A 50.00 FOOT WIDE RIGHT--OF—WAY) AND THE SOUTH RIGHT-OF—WAY LINE OF SUNNYLAND DRIVE (A 60.00 FOOT WIDE RIGHT—OF—WAY); THENCE NORTH 89'50'57" EAST, ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 30.00 FEET; THENCE SOUTH 00'12'39" WEST, A DISTANCE OF 1,241.02 FEET TO THE NORTH RIGHT—OF—WAY OF NORTH ST. LUCIE WATER MANAGEMENT DISTRICT CANAL NO. 44; THENCE SOUTH 89'50'20". WEST, ALONG SAID NORTH RIGHT—OF—WAY, A DISTANCE OF 30.00 FEET TO THE EAST RIGHT—OF—WAY OF EMERSON AVENUE; THENCE NORTH 00`12'39" EAST, ALONG SAID EAST RIGHT—OF—WAY, A DISTANCE OF 1,241.03 FEET TO THE POINT OF BEGINNING. CONTAINING 0.855 ACRES, MORE OR LESS. r r O N Cn W w NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD. O l ae ael T. Kolo ejezyk D Professional Surveyor & Mopper Florida Certificate No. 3664 D ESCRI i"" M ON OF PARCEL ' (RIGHT-OF-WAY) Sheet 1 of 2 File_ 03-243 s&d CULPEPPER 6, TERFIENING, INC 1.dwg Date: 10--20--2013 CONSULTING ENGINEERS I LAND SURVEYORS 4950 SOCmTszFsaT FORS'FIEROG FIAHIDA 3081 rx�axa »z <6csssr • Baxm�se-save . �„��.�, 1515W TrLtGLERAvSNUB . S3'C1A1LT. FLCTMA M"4 ..., PT3ON8 777..ZZ0.3576 . BAST7246L9497 • wwm.00m Tech: GLM STATE or MORMACUTIMCMOXN.LRe Packet Pg. 117 1 7.C.2.b SKETCH TO ACCOMPANY LEGAL DESCRIPTIONtj 2 THIS 1S NOT A SL RVEY Q w UNPLATTED I SUNNY AND DME (GO -RIGHT -OF VA z M z z GRAPHIC SCALE 200 0 100 200 e, 'p (INrm) o � roan 2GG tt a N N r PdRC6L 1 M rpm y[y+--1 G O jZ 1 I I POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR S89'SO'2{}`W 30.00 BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH T-OF-WAY EAST RIGHT-OF-WAY OF EMERSON AVENUE HAVING N.S.L.1T.K.D. CANAL NO. A BEARING OF NOO'12'39"E t$0` M9RT-OF-" Sheet 2 of 2 SKETCH OF DESCRIPTION OF PARCEL I (RIGHT-OF-WAY) file: 03-243 S&d CULPE:PFmEwl-1 & TERPENING, INC 1.dwg Date. 10-20-2013 CONSULTING ENGINEERS f LAND SURVEYORS 29S0SOUrH25&S EMT•VORTPZ FLMMA34981 FHONS 71&ab43537. 8A$7TS-064y497. www�i.mm 1515W Fl1,GT.$RA;= .5ruART, nO=A 34994 F1iONB T12,220-Md • FAX 772-4549491..evvgeag.som Tech.• GEM Packet Pg. 118 1 LEGAL DESCRIPTION BEING A 20.00 FOOT WIDE RIGHT—OF—WAY LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE INTERSECTION OF THE WEST RIGHT—OF—WAY LINE OF ROCK ROAD (A 50.00 FOOT WIDE RIGHT—OF—WAY) AND THE SOUTH RIGHT —OF --WAY LINE OF SUNNYLAND DRIVE (A 60.00 FOOT WIDE RIGHT--OF--WAY); THENCE SOUTH 00'03'54" EAST, ALONG SAID WEST RIGHT—OF—WAY OF ROCK ROAD, A DISTANCE OF 1,240.54 FEET TO THE NORTH RIGHT-OF—WAY OF NORTH ST. LUCIE WATER MANAGEMENT DISTRICT CANAL NO. 44; THENCE SOUTH 89'50'20" WEST, ALONG SAID NORTH RIGHT—OF—WAY, A DISTANCE OF 20.00 FEET; THENCE NORTH 00'03'54" WEST, A DISTANCE OF 1,240.54 FEET TO THE SOUTH RIGHT---OF—WAY LINE OF SUNNYLAND DRIVE; THENCE NORTH 89'50'57" EAST, ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.570 ACRES, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT--OF--WAY AND/OR EASEMENTS OF RECORD. Mfcftel T. Kalodziejcz a e Professional Surveyor & dapper Florida Certificate No. 3864 Sheet 1 of 2 DESCRIP 110N OF PARCEL 2 (RIGHT-OF-WAY) File: 03-243 s&cl CLILP F'PER T'ERPEN[NG, INC 2.dwg Date: 10-20-2013 CONSULTING ENGINEERS I LAND SURVEYORS 2960 SOUIH.25 h S7REET- FORT PTBkCE„ FLQRMA34961 PHONE 7784645537• FAX 772464-9497. V—r bgagwaee 151 SW FLAGLF i AVM4UE - MAP: F7.OR7AA 34994 �+ _ PHON6772-221-3376-FA%77"64-9497.m .tvmgi Tech: ech: VLM SIl3E OF FLOR7A4�][TIi7C4ii0.�'Nw LB sw i J J U 0 >y U J C 0 r c 0 0 41 0 a� cn w r U r O N C w ' Packet Pg. 119 1 7.C.2.b SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY GRAPHIC SCALE 200 0 100 200 N89-5057E ( Dr Fm } i itch - YOU it. 20.00' �� ND SONNYLADRNS 'tie _ 3 f f f FA6= 8 N N •- rf i O {i 0 � q ! f h xi BEARINGS SHOWN HEREON ARE RELATIVE TO THEI WEST RIGHT-OF-WAY OF ROCK ROAD HAVING A BEARING OF SOO'03'S E o 2 FLORIDA POWER & LIGHT EASEMENT O.R.B. 645, PACE 379, PUBLIC RECORDS OF ST. LUC IE COUNTY, FLORIDA P08 = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS - PROFESSIONAL LAND SURVEYOR S89'50'20"W 20.00' NORTH RIGHT-OF-WAY N.S.LW.Td.D. CANAL NO. 44 . (BQ' RIGHT-OF-WAY) Sheet 2 of 2 File: 03-243 s&d 5, T'I=RF-ENING, IBC 2.dwg Dote: 10-20--2013(,CLILPEPPER CONSULTING ENRINEEFts I LAND SURVEYORS 29W SO=il5cb FTREM - FORTPMRC73, M.ORMA MBi PHONE 772-464 3537 • PA 2464-M7 . xsx ^*-- 25i 99TPF.A.GFRAAVEa1�'UH . S'�l3ART, FiOMA $4994 YHD378772.2?l.F3376. F'A1C772AG9-9497. pwmcaeagcom Tech: GLNI SCA750YF70A�A C&MSIi WioV Nw181S6 Packet Pg. 120 7.C.2.b LEGAL DESCRIPTION BEING A 20.00 FOOT WIDE RIGHT--OF—WAY LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE INTERSECTION OF THE WEST RIGHT —OF --WAY LINE OF ROCK ROAD (A 50.00 FOOT WIDE RIGHT —OF ---WAY) AND THE NORTH RIGHT--OF—WAY LINE OF SUNNYLAND DRIVE (A 60.00 FOOT WIDE RIGHT—OF—WAY); THENCE SOUTH 89'50'57" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 00'03'54" WEST, A DISTANCE OF 110.34 FEET; SOUTH 60'07'56" EAST, A DISTANCE OF 23.08 FEET; THENCE SOUTH 00'03'54" EAST, A DISTANCE OF 98.79 FEET TO THE POINT OF BEGINNING. CONTAINING 2,091 SQUARE FEET, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD. J Mictrael T. o odzieicz D to Professional Surveyor & Mapper Florida Certificate No. 3864 Sheet 1 of 2 ��� ���� File: 03-243 s&d CULPEPPER & TERPENING, INC 5.dwg Dote: 10-20--2013 CONSULTING ENGINEERS LAN0 SURVEYORS 4981 PHONE=464-3537.11"772-461A497 • amw.ctengmm PARCEL 5 (RIGHT —OF --WAY) 1=.Z=Av613iT8•siT7AAr.FrORIDA34994 rHONH 772-220-3976 • FA7C7M�97. �.ct�g— Tech: GLM ffAISOFFLOMkCEMF7e�aaw�:L14M Packet Pg. 121 7.C.2.b 'T SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY GRAPHIC SCALE 100 jJ0 5050 100 (ter') a w x S60'07'56"E y N00'03'54"W 23.fl8' 110.34' v PARCEL 5 t_ * M POET c a c o x SUNNYLAND DRIVE (80' RIGHT -OF --WAY) S8950'57"W 20.00' co c� POB = POINT OF BEGINNING POC - POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE RELATIVE TO THE WEST RIGHT-OF-WAY OF ROCK ROAD HAVING A BEARING OF S00'03'54E Sheet 2 of 2 File: 5� g4s ��� cuLP�w�Ea � TERP�NING, IN Off' DESCRIP'nON Date: 10-20-2013 '' CONSULTING ENGINEERS I LAND SURVEYORS OF 2980 SOtTM25& ST&= PORT ¢ =RMA 3t981 /{ F (RIGHT i�j®�/ � PHOSEM463�W-FAM7 .4&199497. AAIDA3&4994 PARCEL ��\Icl ir—OF— A ) PFLOhB n2,220-3,376. PdX 7T7464-9497. ,vmmcwmgmm Tech: GLM SrAlaovf owAaxnmcAnmm.a4n _ _ Packet Pg. 122 LEGAL DESCRIPTION BEING A 5.00 FOOT WIDE RIGHT—OF—WAY LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE INTERSECTION OF THE WEST RIGHT--OF---WAY LINE OF ROCK ROAD (A 50.00 FOOT WIDE RIGHT—OF—WAY) AND THE NORTH RIGHT —OF --WAY LINE OF SUNNYLAND DRIVE (A 60.00 FOOT WIDE RIGHT•= -OF —WAY); THENCE SOUTH 89'50'57" WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED RIGHT—OF—WAY; THENCE SOUTH 89'50'57" WEST, A DISTANCE OF 1481.05 FEET; THENCE NORTH 00'04'25" EAST, A DISTANCE OF 5.00 FEET; THENCE NORTH 89'50'57" EAST, A DISTANCE OF 1,481.03 FEET; THENCE SOUTH 00'03'54" EAST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.170 ACMES, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT--OF—WAY AND/OR EASEMENTS OF RECORD. Ms el T. Kolodzieicz Date Professional Surveyor & Mapper Florida, Certificate No. 3864 Sheet 1 of 2 DESCRIPTION OF PARCEL 3 (RIGHT-OF-WAY) File: 03-243 s&d GLiLPEPPER & TERPENING, INC 3.dwg Date: 10-20-2013 _ �CONSUL71HO ENGINEERS I LAND SURVEYORS 2980 SOLTIE 25ffi SIREL-r . TORTFIEUM FLORIDA 3081 MOM 772,464,1 7. FAX 772-4S4-907. w xt—gmm 151 SW n AGLBRAVEMM . SLOART, PLOP IDA 349M PRONE M 22"37S • VAX772-464-9497 . w«m;c� Tech: GLM srATXOFF IUDACMMcmm?4a12� U J J Y 0 w 2 J C 0 c 0 o. 0 R LLJ r O N Cn LU w Packet Pg. 123 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION MS IS NOT A SURVEY F Nsssosre I w t POB = POINT OF BEGINNING POO = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH RIGHT —OF --WAY OF SUNNYLAND DRIVE HAVING A BEARING OF S89'50'57"W SKETCH OF DESCRIPTION OF PARCEL 3 (RIGHT-OF-WAY) GRAPIUC SCAU 200 0 100 200 cJNrm? i inch - 200 M 14$1-03' Wi 1 .0 FARCM 37�rd Sheet 2 of 2 File: 03-243 5&d 6, TEPPENING, INC 3.dwg Date: 10--20--2013(,CLIUPI�Pf-ER CONSULTING ENGINEERS .! LAND SURVEYORS PF14XM 712-464ZM . FAM772464-9497. www. t-aY—m 151 SW M AG=A RgOR • 6TUA8T T-L.OB7AA94994 PHOIMM 22M376. PA$772-4644497. �xw-&— TBCl1: t7LlVi Packet Pg. 124 LEGAL DESCRIPTION BEING A 5.00 FOOT WIDE RIGHT--OF—WAY LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE INTERSECTION OF THE EAST RIGHT—OF—WAY LINE OF EMERSON AVENUE (A 50.00 FOOT WIDE RIGHT—OF—WAY) AND THE SOUTH RIGHT--OF--WAY LINE OF SUNNYLAND DRIVE (A 60.00 FOOT WIDE RIGHT —OF --WAY); THENCE NORTH 89'50'57" EAST, ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED RIGHT —OF --WAY; THENCE CONTINUE NORTH 89'50'57" EAST, ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 2,526.54 FEET; THENCE SOUTH 00'03'54" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 89'50'57" WEST, A DISTANCE OF 2,526.58 FEET; THENCE NORTH 00'12'39" EAST, A DISTANCE OF 5.00 FEET TO ' THE POINT OF BEGINNING. CONTAINING 0.290 ACRES, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,AEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNEC1i0N WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT —OF --WAY AND/OR EASEMENTS OF RECORD. c aei T. Kolodzi czyk D to Professional Surveyor & Mapper Florida Certificate No. 3864 DESCRIPTON OF PARCEL 4 (RIGHT-OF-WAY) Sheet 1 of 2 lie: 03-243 s&d CULPEPPER & TERPENING, ENC 4.dwg ]ate: 10---20-2013 3CONSULTING ENGINEERS I LAND SURVEYORS 2986 SOUTH 25h ST ET. FOATPffit($FiORIDA34481 PHONE 7n-464.-M7 • FAX 77Z4644447 • a¢ww.ct�grnm ]515WFLAGLMtAW$NQE-=ART.FLORIDA94"4 PRONE 772,22D9976• FA%772464.4A47. mwwce-evy.com Tech: GLM STATE OF FLOWA WaMrATION)aa8 W Packet Pg. 125 1 7.C.2.b SKETCH TO ACCOMPANY LEGAL DESCRIPTION IMS IS NOT A SURVEY GRAPHIC SCALE 200 0 100 f 200 ( nr per) 1 uac5 - aao ifi. Ld a UNPLATTED t � � a E 6 POC k ` FOB Va •IX SUNN YL►ND DRIVE r A G T—OF=WAYT �. 2528.54' k� 01 N'0"12''39'E PARML 4 S89'50'51rw 2526.58 5.00 189'50'57"E 30.00' d w d —166 N$8'SO'S7"E Yj 2526.54' S89W57'W 2526 58' FARM 4 z POS = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH RIGHT—OF—WAY OF SUNNYLAND DRIVE HAVING A BEARING OF S89'50'57"W Sheet 2 of 2 File: 03-243 s&d CULPEPPER &- 'TERPEIII"G, INC Date: 10-20-2013 T ,tea CONSULTING ENGINEERS 1 LAND SURVEYORS 298U SOCitii ZSeh STF 'S •PORT C� MOX= 34981 �/�i PFIONE 77.2i64.3537 • FAX773-4d(-9#47..nwe.et�,eaa 151 MFL&Ci RAVENUB . STUART, PLO=A 34994 PHO'm 77Z-ZZDp3376.$E%7724641)497. w =-eqg. Tech: GLM srnxsaerxorrnecenrrRulwNuocec7a �_�—_ Packet Pg. 126 m! i r r r � t• Va 1 � !I St. Lucie Commerce Center St lode coo ty Florida Packet Pg. 127 7.C.2.d This Instrument Prepared By: W. LEE DOBBINS, ESQ. Dean, Mead, Minton & Zwemer 1903 South 25th Street, Suite 200 Fort Pierce, Florida 34947 (772) 464-7700 For Official Use Only Tax Parcel Identification Nos.:2302-341-0001-000-8 2302-342-0001-000-1 2302-331-0001-000-7 2302-312-0020-000-7 2302-321-0010-000-2 SPECIAL WARRANTY DEED (Road Right -of -Way) THIS SPECIAL WARRANTY DEED is made as of the day of 2013, by LUCIE ROCK, LLC, a Florida limited liability company, Document Number L02000026155, whose mailing address is P.O. Box 279 Key Biscayne, Florida 33149 ("Grantor"), to ST. LUCIE COUNTY, apolitical subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("Grantee"). (Whenever used herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, personal representatives and assigns of individuals and the successors and assigns of corporations, Iimited liability companies, partnerships, governmental and quasi -governmental entities.) WITNESSETH: THAT GRANTOR, for and in consideration of the sure of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm. unto Grantee, all that certain parcel of real property (the "Land") situate in St. Lucie County, Florida and more particularly described in Exhibit "A", attached hereto and made a part hereof. TOGETHER WITH all the tenements, hereditarnents and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. RESERVING UNTO GRANTOR easements over the Land for vehicular, equipment and pedestrian, ingress and egress to and from any real property owned by Grantor. F0170816.1 Packet Pg. 128 7.C.2.d AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Land in fee simple; that Grantor has good right and lawful authority to sell and convey Grantor's interest in and to the Land and hereby warrants the title to the Land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but not otherwise. This conveyance is subject to taxes accruing subsequent to December 31, 2012, and to easements, restrictions, agreements, conditions, limitations, reservations and other matters of record, if any, but this reference to the foregoing shall not operate to reimpose the same. IN WITNESS WHEREOF, the party referred to above as Grantor has caused this instrument to be executed and delivered in its name and has intended the same to be and become effective as of the day and year first above written. Signed, sealed and delivered LUCIE ROCK, LLC, a Florida limited in the presence of: liability company Print Name: Print Name: STATE OF FLORIDA COUNTY OF By: Goldmeier (N.J.) Ltd., a Florida limited partnership, its sole member By: Goldmeier (N.J.) Corp., a Florida corporation, its General Partner M. Barry S. Goldmeier Vice President [CORPORATE SEAL] The foregoing instrument was acknowledged before me this day of _ , 2013, by BARRY S. GOLDMEIER, as Vice President of Goldmeier (N.J.) Corp., a Florida corporation, as the General Partner of Goldmeier (N.J.) Ltd., a Florida limited partnership, as the sole member of Lucie Rock, LLC, a Florida limited liability company. Said person (check one) o is personally known to me, o produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or o produced other identification, to wit: (SEAL) Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: 2 U J J 0 a� J C O[ R C; 0 0 0 a� iY v� w 4 0 N W W F0170815.1 Packet Pg. 129 Exhibit "A" 7.C.2.d Page 1 of 10 LEGAL DESCRIPTION BEING A 30.00 FOOT WIDE RIGHT—OF—WAY LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE INTERSECTION OF THE EAST RIGHT—OF—WAY LINE OF EMERSON AVENUE (A 50.00 FOOT WIDE RIGHT—OF—WAY) AND THE SOUTH RIGHT—OF—WAY LINE OF SUNNYLAND DRIVE (A 60.00 FOOT WIDE RIGHT—OF—WAY); THENCE NORTH 89'50'57" EAST, ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 30.00 FEET; THENCE SOUTH 00'12'39" WEST, A DISTANCE OF 1,241.02 FEET TO THE NORTH RIGHT---OF—WAY OF NORTH ST. LUCIE WATER MANAGEMENT DISTRICT CANAL NO. 44; THENCE SOUTH 89°50'20". WEST, ALONG SAID NORTH RIGHT—OF—WAY, A DISTANCE OF 30.00 FEET TO THE EAST RIGHT—OF—WAY OF EMERSON AVENUE; THENCE NORTH 00'12'39" EAST, ALONG SAID EAST RIGHT—OF—WAY, A DISTANCE OF 1,241.03 FEET TO THE POINT OF BEGINNING. CONTAINING 0.855 ACRES, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT--OF—WAY AND/OR EASEMENTS OF RECORD. /O 6 Mk"AnI T. Kolo ejczyk I7o Professional Surveyor & Mapper Florida Certlficote No. 3864 DESCRIPMOM OF PARCEL 1 (RIGHT-OF-WAY) Sheet 1 of 2 File: 03-243 s&d CULPEPPER & TERPENING, INC 1.dwg Date: 10-20-2013 �*� CONSULTING ENGINEERS I LANE) SVRV EYORS 29Bp 80[31IAi.ZSd�. b`x'Atk�`i• POAI'PfFd{Cg, P7ART11_R.3496£ PHONE 772464-3557 - FAR 772464-9497 • mww.ee<egram 153 SW biAG(;E,Z AVMM . MART, PLMMA 34994 _ PHOM 7723.29.3376. FAX 772-464-9497. mnw.er eoscom Tech: GLM Packet Pg. 130 7.C.2.d Page 2 of 10 SKETCH TO ACCOMPANY LEGAL DESCRIPTION ZZ Z THIS IS NOT A SURVEY a UNPLATTEU f SUNNYLAND DRIPS (60' RIGHT -OF -WA NI19 50' "E r c 30.00 rrggW77-- S z GRAPHIC SCALE 179- 200 0 100 61 Qo -� 200 (armor) L Inch = MO & N � 3i w � ' � t] M 6 I O jZ 1 N POB = POINT OF BEGINNING i POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR 502 3a0o4�W 589' BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH OGH's'OF-wAY EAST RIGHT—OF—WAY OF EMERSON AVENUE HAVING N.S.L.TLILD. CANAL NO. 44 A BEARING OF NOO'12'39"E (e0' RIGHT--OF--WAY) Sheet 2 of 2 ' SKETCH F DESCRIP'n File: 03-243 s&d 1.dwq CULPEPFER �� NING, INC Date-. 10-20-2013 `. ''CONSULTING ENGINFI111S LAND SURVEYORS } OF 2M S0UTH 25� SIAEET. FORT PI»i�, F{.O$TOA 34961 PROBE 772 464-3537 . FAY-772-454-9497 . wmw.ttengaom PARCEL 1 (RIGHT®CF_ ilA1(} 151 SW FiAGLMAYE UE . STUA=. MA 84W FLOR PHorIE772220-3376.PAX772�497. . Tech GIB STATEOFMO➢3OA[�pW7-11—, Packet Pg. 131 7.C.2.d 'age 3 of 10 LEGAL DESCRIPTION BEING A 20.00 FOOT WIDE RIGHT—OF—WAY LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE INTERSECTION OF THE WEST RIGHT—OF—WAY LINE OF ROCK ROAD (A 50.00 FOOT WIDE RIGHT—OF—WAY) AND THE SOUTH RIGHT—OF—WAY LINE OF SUNNYLAND DRIVE (A 60.00 FOOT WIDE RIGHT—OF—WAY); THENCE SOUTH 00'03'54" EAST, ALONG SAID WEST RIGHT--OF—WAY OF ROCK ROAD, A DISTANCE OF 1,240,54 FEET TO THE NORTH RIGHT—OF—WAY OF NORTH ST. LUCIE WATER MANAGEMENT DISTRICT CANAL NO. 44; THENCE SOUTH 89"50'20" WEST, ALONG SAID NORTH RIGHT—OF—WAY, A DISTANCE OF 20.00 FEET; THENCE NORTH 00'03'54" WEST, A DISTANCE OF 1,240.54 FEET TO THE SOUTH RIGHT—OF—WAY LINE OF SUNNYLAND DRIVE; THENCE NORTH 89'50'57" EAST, ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.570 ACRES, MORE OR LESS. NOTE. THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON THERE HAS BEEN NO FIELD WORK HEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD. J Mic ael T. Kolodziejcz a e Professional Surveyor & Mapper Florida Certificate No. 3864 DESCRIPTION OF PARCEL 2 (RIGHT-OF-WAY) Sheet 1 of 2 File: 03--243 s&d CULPEPPER & TERPENINO, INC 2.dwg Date: 10-20-2013 „L coNsULTING ENGINEERS I LAN© SURVEYORS 2980 SOUTH 75th SiRBSC • FOR'T FI:E RCF-FWRMA 34981 PHONE 772-464-3537 -FAX 77ZA64-9497. wmm ccwgeom 152 SW M&GLER AVEl3UE , STUART. FLO=A 34994 PRONE 772,220-3375 • BA.W,772-464.9497 • uu-acce g.mm Tech: GLM sl uoenowee�nn t�zchnov�wls au Packet Pg. 132 1 7.C.2.d 4 of 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION 7HIS IS NOT A SURVEY 2 GRAPHIC SCALE 200 0 100 200 N wN89'50'5YE t inch, tk 2D.00' ffUr4 YLAND DRIVE I � I 1 � I I ! PAMM E 1 w C I � al 0 z BEARINGS SHOWN HEREON ARE RELATIVE TO THEI WEST RIGHT—OF—WAY OF ROCK ROAD HAMNG A BEARING OF SOO'03'54"E c o� z FLORIDA POWER & LIGHT EASEMENT O.R.B. 64$, PAGE 379, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA POB = POINT OF BEGINNING POC M POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR 58850'20"IV I 2Q.Q0' NORTH RIGHT-OF-WAY 9 N.S.T-W, €.D. CANAL NO. 44 (BG' RICHT-QF-WkY) Sheet 2 of 2 SKETCH OF DESCRIPiiO6W OF PARCEL 2 (RIGHT-OF-WAY) File: 03--243 s&d CUL.PEPPEFI & TLFtF'ENING, INC 2.dwg Date: 10-20-2013 ° CONSULTING ENG$NEERS I LANt) SURVEYORS 298tl 80=125ch cnxr - I URTTnmcFy FLORMA 34981 PHONM 772464-9537 • VAX772464-907 - wvxmcte�g.00m 151 M F1 AGL1ERAVM UE • STUART FLORMA 34994 PRONE 772-220-3376 - PA$ 772-461-9497 • svww<r engross tech• GLM STAT60PFARILA CFA]1FlG21QW?e lH{a6 Packet Pg. 133 7.C.2.d 'Page 5of101 LEGAL DESCRIPTION BEING A 20.00 FOOT WIDE RIGHT—OF—WAY LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGIN AT THE INTERSECTION OF THE WEST RIGHT—OF—WAY LINE OF ROCK ROAD (A 50.00 FOOT WIDE RIGHT—OF—WAY) AND THE NORTH RIGHT—OF—WAY LINE OF SUNNYLAND DRIVE (A 60.00 FOOT WIDE RIGHT—OF—WAY); THENCE SOUTH 89'50'57" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 00'03'54" WEST, A DISTANCE OF 110.34 FEET; SOUTH 60.07'56" EAST, A DISTANCE OF 23.08 FEET; THENCE SOUTH 00'03'54" EAST, A DISTANCE OF 98.79 FEET TO THE POINT OF BEGINNING. CONTAINING 2,091 SQUARE FEET, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT —OF --WAY AND/OR EASEMENTS OF RECORD, /17 IIAZI, 04" / <04o Mic ael T. Ko odziejcz D to Professional Surveyor & Mapper Florida Certificate No. 3864 DESCRIPTION OF PARCEL 5 (RIGHT-OF-WAY) Sheet i of 2 File: 03-243 s&d CULF EPP II & TE.RPENING, [NC 5.dwg Date: 10-20-2013 ' CONSULTING ENGINEERS I LAND SURVEYORS 2M SOUTH 25& STR= . PORTP.i 3RM nORmA 34981 PHONE 772-4"3537 • MX M-464-4497 • ww�vasagcaat 151 SW FLAOLP.RAVENVS • STUART, FLOPMA 34994 _ PHONE 777.-7TA-3376 • P.A7Ci72�4-9457, cmmct�gm� Tech: GLM STrATROV �w4,c�anFlclvoNTaLa�9c Packet Pg. 134 1 7.C.2.d Page b of 10 SKETCH TO AC COMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY GRAPHIC SCALE 100 0 50 100 (Ili FEW) s inoh a 100 & S60'07'56"E N00'03'54"W 23.08' 110.34- PARCEL 5 SUNNYLAND DRIVE (80' RIGHT —OF --WAY) S89'5( 20. POB - POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE RELATIVE TO THE WEST RIGHT—OF—WAY OF ROCK ROAD HAVING A BEARING OF 500'03'54"E z� o�m co 0 Sheet Sheet 2 of 2 File: 03-943 s&c CULPEP,Pt"F1 & TERPENING, INC SKETCH OF DESCRIPTIONu Dote: 10--20-2013(7,,, CON50LTING ENGINEERS ! LAND SURVEYORS ; OF 2980 SOUTH 25&SrMMT • PORTPMRGL, FLORIDA34981 PHONF, 772464-3537 • PAX 772-464-5497 . tva w.ct<5sg.c� (� 151 SV7 FIAGI MAVEHUE . SMART, FLORIDA 34994 PARCEL 5 (RIGHT-OF-WAY) PHOhE 7737 3i76.P croswgmsn Tech: V IVI 'MnRCMONN.8 43 _....::j Packet Pg. 135 7.C.2.d D— '7 -F 1 A - -a LEGAL DESCRIPTION BEING A 5.00 FOOT WIDE RIGHT--OF—WAY LYING IN SECTION 2, TOWNSHIP 35 SOUTH RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE INTERSECTION OF THE WEST RIGHT—OF—WAY LINE OF ROCK ROAD (A 50.00 FOOT WIDE RIGHT—OF—WAY) AND THE NORTH RIGHT —OF --WAY LINE OF SUNNYLAND DRIVE (A 60.00 FOOT WIDE RIGHT=OF—WAY); THENCE SOUTH 89'50'57" WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED RIGHT—OF—WAY; THENCE SOUTH 89'50'57" WEST, A DISTANCE OF 1481.05 FEET; THENCE NORTH 00"04'25" EAST, A DISTANCE OF 5.00 FEET, THENCE NORTH 89'50'57" EAST, A DISTANCE OF 1,481.03 FEET; THENCE SOUTH 00'03'54" EAST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.170 ACRES, MORE OR LESS. NOTE: THIS 1S NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWiNG OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF—WAY AND/OR EASEMENTS OF RECORD. z 164 Mi&ffel T. KolodziejczyIeDate Professional Surveyor & Mapper Florida Certificate No. 3864 Sheet 1 of 2 DESCRIP110M OF PARCEL 3 (RIGHT-OF-WAY) File: 03-243 s&d CUL.PEPPER & TERPENING, INC 3.dwg Date: 10--20-2013 CONSUL -PING ENGINEERS i LAND SURVEYOR5 %','3 ?980 50L7'd7EYSSd. SiA'G.>='i • FO�TPIPRC@, PLOAIDA 34961 WWId g 772-4"-3537 • FAX 772-*4-9497 ..r.�v.ee�genrt� in sW • MLART 0-ORMA 34994 PHONE 772-229-3976. FAX 7721G4-9497• wrr xt-cp.cam Tech: GI-M sr-iim OF FLORIDA CERY Flci'IION hk LSt' U J J L) 0 a� L) J c 0 c 0 0 0 LU t a� r 4? r O N W d d .r C R L L a� a c aD E t 0 Q Packet Pg. 136 1 Page S of 10 7.C.2.d SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1489'SQ'5n j POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH RIGHT—OF—WAY OF SUNNYLAND DRIVE HAVING A BEARING OF S,59-50'57"W SKETCH OF DES IPWKII OF PARCEL 3 (RIGHT-OF-WAY) THIS IS NOT A SURVEY GRAPHIC SCALE 200 0 too 200 (DF? 1 inch - 200 fL 1481.03' t a Sheet 2 of 2 File: 03-243 s&d CUL.PEPPEIR & TERPENING, INC 3.dwg Date: 10�--�20-2013 CONSULTING ENGINEERS.j LAND SURVEYORS 29MSotr.H 25,h SIRE ri. FORT PDMCH. MORM&-1Ml NiONE-(7LAS4-3557 • FAX772-064-9:97 • www.��g.mm i51 sw FIfi. LEkAYFNUH . =ART, FLOPMA 34994 PHONE 772-220-9376. MX7724C.i-9497.mw•c =&—m m OF PLOMA C feCh VI..�� m1� C� ow Nai'••••` Packet Pg. 137 7.C.2.d Page 9 of 10, LEGAL DESCRIPTION BEING A 5.00 FOOT WIDE RIGHT—OF—WAY LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE INTERSECTION OF THE EAST RIGHT—OF—WAY LINE OF EMERSON AVENUE (A 50.00 FOOT WIDE RIGHT--OF—WAY) AND THE SOUTH RIGHT—OF—WAY LINE OF SUNNYLAND DRIVE (A 60.00 FOOT WIDE RIGHT—OF—WAY); THENCE NORTH 89'50'57" EAST, ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED RIGHT —OF --WAY; THENCE CONTINUE NORTH 89'50'57" EAST, ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 2,526.54 FEET; THENCE SOUTH 00'03'54" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 89'50'57" WEST, A DISTANCE OF 2,526.58 FEET; THENCE NORTH 00'12'39" EAST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.290 ACRES, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY. BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK.VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD. I r , /wrc-hael T. Koladzi czyk � to Professional Surveyor & Mapper Florida Certificate No. 3864 Sheet 1 of 2 D SC IP'n N OF PARCEL 4 (RIGHT -CIF ---WAY) =ile: 03-243 s&d CUI-PEPPER (—I,, TERP1=111110, INC 4.dwg )ate: 10--20-2013 }CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25sh STR= . FORTFSSRCS, PLC) ,& 34981 piRDNR 772-464-,3537 . PAX 772,464-9491- mw -crags M Sty F7.AGT.TM AVEMM - GTUART VLOWDA 34994 /''�_ FRO11M T7L2'0.3376•FAX 772464-9497. m�iv.cacaywm Tech: GLM STAISOF FLOM^ CIPLTp MONMLB 4:L6 U J J 0 a� J 0 c 0 0 0 a, v� w: r Lrl r O N W d d r C R L L a� a Cn c aD E t Q Packet Pg. 138 1 Page 10of10 7.C.2.d SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY GRAPHIC SCALE 200 O 100 200 IN FEET I1na200b . zao n z F UNPLATTED w 1�p 1 A . Y0 S POC SUNNYIAND DRIVE 60 GST-OF-NAYT — 2526.54' Ae N00"12'49'E PARM 4 S89'50'57*W 2526.58' z o 5 00 30.00' i� 3r� Zi _ 3UNNYUM DRIVE _ 300'Q�i "E ILO 4, N89'S0'6YE -160 RIGH`— T-OF WAY) z526,54• 5 p1 S89'50'5Yw PAR= f 2526.58' � POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH RIGHT—OF—WAY OF SUNNYLAND DRIVE HAVING A BEARING OF S89'50'57"W Sheet 2 of 2 SKETCH F D SC IP"nO File: Oa g43 s&d GULP PPER TERPENING, INC Date: 10-20-2013 1 CONSULTING ENGINEERS I LAND SURVEYORS OF 010 7 2M SO=25ih y"1(LM3T . FORT PMRCE, FLORMA 3R981 . PHDSW F3AGU R53AVWtn37. MART. FLOPIDA 3094 PARCEL4 (RIGHT—OF-WAY) MUM 7722203376. FAXM-4"-94W.v wngcgnt Tech: GLI+9 UAMOF F101MA m TMt =DHML13nW Packet Pg. 139 7.C.2.e that: RESOLUTION NO. 2014-xx A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, The foregoing SPECIAL WARRANTY DEED from LUCIE ROCK, LLC is duly accepted on behalf of St. Lucie County this 15th day of APRIL, 2014. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney S:\ACQ\WP\Right of Way Donations\St. Lucie Commerce Center\Resoiution.wpd Packet Pg. 140 7.C.3 ITEM NO. RES-2014-52 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 04/15/2014 *CONSENT AGENDA\COUNTY ATTORNEY Resolution 2014- 52 - Donation of Road Right -of -Way on Dunn Road - Parcel ID 3403-502-0151-000-0 (portion) St. Lucie County is acquiring right-of-way as part of a Road Improvement Project to widen Midway Road from South 25t" Street to Selvitz Road. The design is for a four (4) lane divided urban section with a 6' sidewalk on the north side and a 12' multi -use path on the south side. Staff previously acquired a corner -clip from this Liberty Baptist Church parcel. On completing the design of Midway Road it was brought to the attention of staff that in order to harmonize Dunn Road and Midway Road the County would need additional right-of-way. This additional right-of-way would lessen the steep incline making it easier for the buses from the Liberty Baptist School to enter Midway Road. PREVIOUS ACTION: December 6, 2011 - Board approved a Contract for Sale and Purchase with Liberty Baptist Church for a corner -clip needed for the Midway Road Project. FINANCIAL IMPACT: N/A Staff recommends that the Board accept the Warranty Deed from Liberty Baptist Church contingent on the Phase I Environmental Site Assessment, authorize the Chair to sign the Resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 14ca ►] "i1► f-1--[9P►I_Ts"191 F Packet Pg. 141 7.C.3 Coordination/Signatures anie 5. McIntyre, C my ttorney 4/3/2014 Faye W. Outlaw, County Administrator 4/11/2014 Updated: 4/7/2014 8:57 AM by Kelly Phelan Page 2 Packet Pg. 142 cit- -- DONATION ON DUNN ROAD w 7.C.3.a +d.}.r._�r��_rr.��}_�...ri.����.��r Z..�rt �_r�nr�rr.a—r�.r rr. 8 880a99fa54: 8tr• BnY:: 885a Packet Pg. 143 u- i -w , w d, • ; tV O I F Lno WHITE CITY "� BAPTIST CHURCH, INC. .B. 1420, PG. 344 GRASS FIELD (UNIMPROVED) -2 Y MIDWAY RD. A.287+04.58 32' 35 " ( RT ) .46' R/W LINE W z ..j 4-1 0 d- Q 0 0 0 .z �� I i i 4i Im N89051'20-d I ,25.00'(F) 0 WOOD ;1 88' EXIST. R/W LINE PER 88-76 73 12 0.R.B.3357, PG.'2821 A. 289+36.01 0 S.IQ, (C)�,�' #04 Q- F ------- o---OE-------flF eE-- OFo -Jt CURVE DATA WOOD-/ Of °04'24 "(F l CURVE DATA L 322.79'(F) d 00005'43"(D)(Ff R _ 17226.76'(F) L 28.64'(D)(F) 40 L C 322.79'(F) R d 17228.76'(D)(F) / CB S89°37'23"W C 28.G4'(D)(F) / 0! CB N89047'34"W / (L CURVE DATA A- Ot°i0'11"(F) �y1 L - 350.89' (F ) --~— E/A 1 R 171$$^76'(Fl -� •�aca r 7.C.3.b r O N W C Cu C O 0 0 0 ILL P.O.B. I SET k� " STAMPED"L$R2856\ c k " y iI tooka { U I GO 0 I �k2 I Q I j IGN STOP I S{ � DEAD END SIGN v-----br--,o_--6Tu---er---�---ate -- FND. 3/8" I.R.K. li (CAP DESTROYEDI(NO ID.) - (0,14' S. 0.31' W.)(F) P is o { — s cn' 0 �cv o I 'c?z I FND. 60D^ Packet Pg. 144 I 'RLS2391' nr' n,k, 7.C.3.c Instrument Prepared By' Please Return To: COMMUNITY LAND TITLE & RESEARCH Attn: Sally J. Booth, V.P., Senior Closing Officer 2400 SE Veterans Memorial Parkway, Suite 214 Port St. Lucie, FL 34952 ; Phone (772) 337-3335 Closing File Number: 14-24955C Florida Documentary Stamps $0.70 Parcel Tax ID: 3403-502-015 1 -000/0 SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED, made the day of April, 2014 by Liberty Baptist Church, Inc. of Fort Pierce, a Florida non-profit corporation, whose address is: 3660 West Midway Road, Fort Pierce, FL 34981, hereinafter called the Grantor, to St. Lucie County, a political and subdivision of the State of Florida, whose address is: 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, remises, releases, conveys and confirms unto the Grantee all that certain land lying and being in ST. LUCIE County, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Property Address: XXXX Dunn Road, White City, FL SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, CONDITIONS, EASEMENTS AND DEDICATIONS OF RECORD AND TAXES FOR THE YEAR 2014 AND THEREAFTER. TOGETHER, with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes and assessments accruing subsequent to 2013. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Liberty Baptist Church, Inc. of Fort Pierce, a Florida non-profit corporation By: 1" Witness Signature T Print Witness Name: Witness Signature T Print Witness Name: STATE OF FLORIDA COUNTY OF ST. LUCIE Wallace L. Cooley, Director, President The foregoing instrument was acknowledged before me this day of April, 2014, by Wallace L. Cooleyo Liberty Baptist Church, Inc. of Fort Pierce, a Florida non-profit corporation who is personally known to me or has produced as identification. SEAL Notary Signature T Print Notary Name: My Commission Expires: "Experience the Difference" www.COMMUNITYLANDTITLE.net Packet Pg. 145 7.C.3.c EXHIBIT "A" LEGAL DESCRIPTION File Number: 14-24955C MIDWAY ROAD PARCEL 130 THAT PART OF: "LOT 91, ACCORDING TO THE PLAT OF WHITE CITY AS PER PLAT THEREOF FILED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND BEING IN THE NW 1/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, LESS AND EXCEPTING RIGHTS OF WAY FOR PUBLIC ROADS AND DRAINAGE CANALS." (SAID PROPERTY BEING A PORTION OF THE SAME LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1420, PAGE 344 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA). DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND RAILROAD SPIKE IN A PAVEMENT CUT—OUT MARKING THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE RUN SOUTH 00009'07" EAST ALONG THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 2623.28 FEET TO A POINT ON THE CENTERLINE OF SURVEY MIDWAY ROAD AS SHOWN ON ST. LUCIE COUNTY RIGHT OF WAY MAP FOR MIDWAY ROAD, COUNTY JOB NUMBER 0618; THENCE DEPARTING SAID WEST LINE OF SECTION 6 RUN SOUTH 81031'28" EAST ALONG SAID CENTERLINE OF SURVEY OF MIDWAY ROAD A DISTANCE OF 53.15 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1910.08 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE AND CONTINUE ALONG SAID CENTERLINE OF SURVEY THROUGH A CENTRAL ANGLE OF 0902322" A DISTANCE OF 313.02 FEET TO THE POINT OF TANGENCY; THENCE RUN NORTH 89005'10" EAST AND CONTINUE ALONG SAID CENTERLINE OF SURVEY A DISTANCE OF 1049.36 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 17,188.76 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE AND CONTINUE ALONG SAID CENTERLINE OF SURVEY THROUGH A CENTRAL ANGLE OF 01010'11" A DISTANCE OF 350.89 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EXISTING WEST RIGHT OF WAY OF DUNN ROAD AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE DEPARTING SAID CURVE AND SAID CENTERLINE OF SURVEY RUN NORTH 00008'40" WEST ALONG SAID EXTENSION A DISTANCE OF 68.28 FEET FOR A POINT OF BEGINNING; THENCE DEPARTING SAID EXISTING WEST RIGHT OF WAY LINE RUN SOUTH 4502354" WEST A DISTANCE OF 35.02 FEET; THENCE NORTH 00008'40" WEST PARALLEL WITH SAID EXISTING WEST RIGHT OF WAY LINE A DISTANCE OF 140.72 FEET; THENCE NORTH 89051'20" EAST A DISTANCE OF 25.00 FEET TO A POINT ON THE AFORESAID EXISTING WEST RIGHT OF WAY LINE OF DUNN ROAD; THENCE RUN SOUTH 00008'40" EAST ALONG SAID EXISTING WEST RIGHT OF WAY LINE A DISTANCE OF 116.19 FEET TO THE POINT OF BEGINNING. CONTAINING 3211 SQUARE FEET, MORE OR LESS. Q "Experience the Difference" www.COMMUNITYLANDTITLE.net Packet Pg. 146 7.C.3.d that: RESOLUTION NO. 2014-xx A RESOLUTION ACCEPTING A WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, The foregoing WARRANTY DEED from Liberty Baptist Church, Inc. of Fort Pierce is duly accepted on behalf of St. Lucie County this 151" day of APRIL, 2014. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA w Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney C:\Users\ri1eyj\AppData\Local\Ternp\MinuteTraq\stluciefl@stluciefl.IQM2.com\Work\Attachments\-1.wpd c 0 0 w aD c aD E t Q Packet Pg. 147 7.C.4 ITEM NO. (ID # 2026) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE 04/15/2014 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - DHS VC II, LLC transfer to Alliance Ft. Pierce, LLC On January 8, 2013, the Board of County Commissioners approved a Revocable License Agreement with DHS VC II, LLC for a sign, landscaping, irrigation and electric in County right-of-way. The Revocable License Agreement states that the license shall be binding on future successors and assignees of DHS, provided DHS gives adequate notice to the County. DHS sent notice to the County that DHS sold the property to Alliance Ft. Pierce, LLC and requests the Revocable License Agreement be transferred to Alliance Ft. Pierce, LLC. PREVIOUS ACTION: January 8, 2013 - Board of County Commissioners approved a Revocable License Agreement with DHS VC II, LLC FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the transfer of the Revocable License Agreement to Alliance Ft. Pierce, LLC, authorize the Chair to sign the Revocable License Agreement and direct Alliance Ft. Pierce, LLC to record the Revocable License Agreement in the Public Records of St. Lucie County. COMMISSION ACTION: Packet Pg. 148 7.C.4 Coordination/Signatures Heather Young, Asst. County Attorney 4/4/2014 Updated: 4/4/2014 12:15 PM byJoAnn Riley Page 2 Packet Pg. 149 P.O.0 B 8910_00' f p 1 4 5ec6iaLine X1-5, Saf 1% Sxtim TT, 40.W�� 7-35-5 R-40-E n a Savannah Road 5 so' W'dm - Pabllc I--- — — — — -- — ---- --R/w Ik I s 89TO'DO" E 34 04'Is— „�� TTT — p q�� I mcrete amp u GULte,; Tyylwl I� A�hat 79 Access Earoment No 1 (sM1aded) m' O.R Baok 839, Page 904 canr L d 9 d k R es I L a t b k x61 a P r 1& WellaPnn9 PrpPa ea L C Book 963 Page 931 Aaphelt Y APN: 2422 ]14 0001 Oo0.] n y a pwn � SHp�" k o BN 797.Po 2157 6' x5,oeeeml .. ..... . P.91 f: :bi8 b" 8 Pmcel 1 DR Book .1 98k3 T 1 bF 6 Barth 398, Page 3B4 Ady 6 9 SR ry Yasm y C struMi n„ o a Edr b t A PavJ I D R Book 3� Poge 2 98 ; ... ... 810' 83• DronaOge Eosemenl , D.R Bork 1)8, Page 65 I I I I I I -- I I II II I I — + x 500' Accefia E21*, l L/ Offaial Records Bock 414, Pose 2247 DeR' r E bII A NRn-ex eapa,leln OR Baok 398, Page 1393 8 I I II II 80L' o�rc�ia��RecMcr Gas ah-ac 1K Poae 1.1 CE II II I 18 � I I p;re is o ASPnoll l Sn0' Irv]Ix 669'19'N"E3Re-1Yad .. 3626' .—, k q IR, as x/ ProPVLY line..... .................. ... ...., ............, ...., .......:o N I 111.9'` O e W Fmement al WoY .... ..., .,.. ..., ... ...... . f a Bakd191eLP kp, 26 meF 'x ANnall I x eetlr } 6 CIR L J Mopxa v p ..... ..,,.... ....,,.. ....., ..... .,.... a I ... ...., ..., .... .... ge5 y .,.. } 3 is In gate 'PARCEL 1110' Book .1, Py 2 57 WD aqua t $ .. S .. " ..... .... .. .. ".. Vested In ... ." Ex' Book 380, Page 2398 E«nbl B P 1 2 01 Boak 3�, Page 139J ExhR L A P 1 2 D.R. Boak 423, Page 3 2 .. „ .. 0 B qve cry ... .. ..., P carp .., .. .. Book .1 Pa9 890 ............. ..,. .... ,...... .. Ex B Pena 2 D.R. Beak 839 Page 984 APN 2422 314 0004-066 4 ..... .... ..... ....,.. ....... Total Land Area ...,,,.. ....,,, ... lassJe sgxo, -1 4. 1 JM1 Av w 19 Exa.mal xa 2 (shaded) OR. Book Mg. Page 984 \ ..... ... ........ ..... ... LI, .. AA 6 0' � 6te m . .. „...s .. Non exmaxa ecaama„t\I\ OP. Bod 398 Page l94 \ .. .. 5 .. .... 'SANNG9 h LDAN 215] P2157 I. P} VVV Y \ ... '.• .' . „' Body 292, g. i Aaess k Parking Emement No 3 DRBI . Nan-xxcluelre emammt I � 79 . oah 639, Page 9B4 (sM1aded) B rplia.I Exhbit A Parcel 1 Las and Exluds OR Bed J80, Page 2398 I h11 B OR 611k 380, Page 2]99 l } I 1 PA Pared 1 Lee, & Bo Except D R ok 423, Page 3]2 Exhblt B Parcel 1 Lass k EwcepI O.R. Bak 839. Page 964 ,}_} I, C1 A Book 111, Page 394 } Loxn OR Book 79I. Page 215I OR B1 1 11. Eo1, 211 (Fa. 3m�9a � Loae Parcel B) I ©o � 6 d]D 83 E en /E9r a caam t ° DBa 1,,,171 l AyhaN II r } 5 I6 D 2 16 o — } } 11ty Eosm,ent 0 R. Eaok 423, Pvge 329 17 I I L Hurry rBrgnde burg 12' Or .11 E.—t ge age 379 siN L Page 2514 D.R. BON 423Pa EDGE OF SIGN IS _ '�`°' °" 24- "° °ro reo-' I II (For Parcel A) 4' BEHIND A' Aphdt Book 797,, P9. 2157 SIDEWALK Nw-e.dusiw ewement wi } i ass bit A Po.rel 3 D" eel Exalpdaa DR Bak 3aD, Po9e 2398 aok 3kq Poge 2398 DewfPA n 2ce £ m Ppr U. BON 423, Page 379 } .W FxhAlt A Parcel I Lem a Except D.R Bed 423, Page 372 w S Exhbil B O.R. Book 423, Poge 372 n — Exhbil B Parcel I Less and «crudes OR Book 839, Page 984 I I I I I I APPROX. 1.5 ACRE PARKING LOT I I EXPANSION Asphat 'IA— .1'Baok 797. P9 2157 E.blblt A Parael 1 Les a Excwl Non-excaxmne lu9iue u O.R. god 839, Po9e M4 Asphalt ameir. coral 1 a PT snku uc Page 1 65 APN: 2422-391-0015-0DD-B Nox ar Prppertis—Ii. Welaprhg L C Bod 963 Page AVN: 2422-31a-Door-a-0 oo-3 Asphat 1fi e D @n a. � ... E. sR arm uw � � � LWO a'j+"• ..... e u � fine Beann Olstance 3 . � L2 N 003170• E 38.30' w L3 5 d928'10" E I9.99' L4 N 00'41'10" E 481' LS N 00'90'00" C 142 DO' 7.C.4.a FRUM 133 West Park Drive Birmingham, Alabama 35211 1.205,940,7180 1.800.743.7191 1.205.940.7190 - tax www.fravert.com c.i J J Original Date 09.18.12 Virginiaw ILL Cofl• • • 4 ) FT PIERCE, FL Client Q Education Corporation for America d Project Manager n Alison Vann L Design U Landra Black J J File — pylon\fort piece,fl\eca\alison U` W L Q N V J d n O d N O Revision Dates CU 10.30.12 WF ii B J s ©Copyright 2012, Fravert Services, Inc. (� Thank you forallowing Fravert Services,Inc. rt�+ the opportunity to present designs for your signage project. All ideas, designs, arrangements and plans indicated or represented on this drawing are the property of Fravert Services, Inc. and were created, evolved and developed for use on and in connection with the specified project. Distribution or exhibition of these plans to anyone other than employees of your company or use of these plans to construct a sign similar to the one embodied herin, is expressly forbidden. titititititit� Packet Pg. 150 CONTEXT VIEW SCALE: 1/4" = 1'-0" 133 West Park Drive Birmingham, Alabama 35211 1.2059407180 1.817417191 1.205.940.7190 - fax www.fravert.com Original Date 09.18.12 Client Education Corporation for America Project Manager Alison Vann Design Landra Black File pylon\fort piece,fl\eca\alison Revision Dates 0. 1a 10.30.12 c O :=r M OPTION v O PYLON J C O E s ©Copyright 2012, Fravert Services, Inc. 0 M Thank you for allowing Fravert Services, Inc. -W the opportunity to present designs for your signage project. All ideas, designs, arrangements and plans indicated or represented on this drawing are the property of Fravert Services, Inc. and were created, evolved and developed for use on and in connection with the specified project. Distribution or exhibition of these plans to anyone other than employees of your company or use of these plans to construct a sign similar to the one embodied herin, is expressly fomidden. Packet Pg. 151 Quantity ■1 02 ❑3 74 Routed Cabinet Backed with Acrylic El Push Through Lexan El Flat ■ Pan -Formed Copy El Flat ■ Embossed Poles ❑Exposed Pole ■ Pole Cover - Aluminum with textured finish Cabinet Retainer 2" Finish Schedule Background - White Poles and Retainers - Textured Finish Match building Square Footage 132.00 12'- 0" 4" x 4" ALUMINUM TUBING ACCENT WITH TEXTURED PAINTED FINISH MATCH COLOR TO BUILDING 19 1/2�� • • 38„ " T- 0" Conege - „ � 2 ALUMINUM RETAINERS WITH TEXTURED PAINTED FINISH 4" x 4" ALUMINUM TUBING ACCENT WITH TEXTURED PAINTED FINISH MATCH COLOR TO BUILDING 3'- 0" 20" SQUARE ALUMINUM POLE COVER WITH TEXTURED PAINTED FINISH MATCH COLOR TO BUILDING 25'- 0" OAH 6,_ 0„ 12 3/8' K I T C H E N FUTURE SIGNAGE TO BE ADDED AT 7 1/4'r O N XXX 2„ A LATER DATE RETAINERS 9,_ 0„ T- 10" 8'- 0" BETWEEN POLES BY OTHERS FRONT VIEW SCALE: 1/4" = V-0" (1) 30" DEEP CABINET WITH (2) POLYCARBONATE FACES SADDLE MOUNTED TO STEEL POLES (1) 20" DEEP CABINET WITH (2) POLYCARBONATE FACES MOUNTED BETWEEN STEEL POLES WITH ANGLE CLIPS CABINETS: STEELAND ALUMINUM CONSTRUCTION POLE COVERS: STEELAND ALUMINUM CONSTRUCTION FACES: PAN -FORMED AND EMBOSSED POLYCARBONATE FACES ILLUMINATION: INTERNAL ILLUMINATION BY H.O. FLUORESCENT LAMPS UL: SIGNS SHALL BE MANUFACTURED IN CONFORMANCE WITH LOCAL CODES AND LABELED IN ACCORDANCE WITH UL 38" 30" 20" END VIEW SCALE: 1/4" = V-0" 133 West Park Drive Birmingham, Alabama 35211 1.205,940,7180 1.800.743.7191 1.205.940.7190 - fax www.fravert.com Original Date 09.18.12 Client Education Corporation for America Proiect Manaaer Alison Vann Design Landra Black File pylon\fort piece,fl\eca\alison Revision Dates 11.16.12 t� J J �i c� L d LLL O C� a O Coll d w rn C L U J J V 2 r C d E O d L Q d N C N v J N O t) O d CO N O N Q 1a c O :=r O t) O J C O s ©Copyright 2012, Fravert Services, Inc. M Thank you for sliming Fravert Services,Inc. rt�+ the opportunity to present designs for your signage project. All ideas, designs, arrangements and plans indicated or represented on this drawing are the property of Fravert Services, Inc. and were created, evolved and developed for use on and in connection with the specified project. Distdbu6on or exhibition of these plans to anyone other than employees of your company or use of these plans to construct a sign similar to the one embodied herin, is expressly fmidden. Packet Pg. 152 7.C.4.b This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3790844 01/16/2013 at 09:33 AM OR BOOK 3474 PAGE 2433 - 2439 Doc Type: AGR RECORDING; $61.00 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made and entered this S day 2013, by and between ST. LUCIE COUNTY, a political subdivision of the State of da, (the "County") and DHS VC II, LLC, whose address is 713 Belrose Avenue, Daphne, AL 36526. (DHS). WHEREAS, DHS desires to install a sign, landscaping and irrigation system in the County right- of-way contiguous to their property. The sign, landscaping, irrigation system and any electric utilities needed for the sign will be solely maintained by DHS. WHEREAS, DHS has requested that they be allowed to install a sign., landscaping, irrigation system and electric, if needed, as shown on attached Exhibit "A". The sign will be 25 ft. x 12 ft. as shown on Exhibit `B." Ground Signs shall have a landscaped area around its base which extends a minimum distance of three (3) feet in all directions. Such landscaped area shall be completely covered by ground cover and shrubs, hedges or similar vegetative materials. Vegetation in the area surrounding said sign shall be maintained at a height of less than twelve (12) inches. With this landscaping requirement, the applicant must maintain the landscaping; therefore irrigation may be necessary depending upon the species planted. As far as the electrical lines, they will need to have any electrical contractor advice on the placement and utilization of electrical lines for each sign. WHEREAS, the County has agreed to allow the installation of the sign, landscaping, irrigation system and electric, if needed, in the County's right-of-way, subject to the terms and conditions set forth in this Revocable License Agreement. 1 G J J d L m a - Packet Pg. 153 7.C.4.b U J J NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree L (D as follows: a a_ a) 1. The County agrees to grant DHS a Revocable License Agreement for the` purpose of installing and maintaining a sign, landscaping, irrigation system and electric, if needed, in the County's right-of-way along DHS's property frontage. DHS will install, maintain, weed, mow, plant, irrigate and install the sign, subject to the terms and conditions set forth in this Revocable License Agreement. St. Lucie County Environmental Resources encourages, DHS to utilize native, drought -tolerant species. The Florida Yards and neighborhoods Florida -Friendly Plant database is a good resource for locating these types of plants. {h ://www.florida ards.or /f lants/index. 1a DHS will work closely with St. Lucie County Environmental Resources regarding: (1) exact proposed sign locations relative to exact existing tree locations, (2) a discussion regarding impacts that may occur to the existing trees, (3) a discussion of measures to avoid and minimize damage to the existing tree roots during ground disturbance related to sign installation and landscaping installation, (4) a discussion of proposed tree trimming methodologies, (5) a plan showing proposed landscaping (species, sizes, and locations). This license shall extend only to the above -referenced landscaping and irrigation system, sign and electric, if needed, and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to allow DHS to install a sign, landscaping, irrigation and electric, if needed, in the location identified in Exhibit "A". 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes DHS to install a sign, landscaping, irrigation and electric, if needed, in this location as identified in Exhibit "A". 4. DHS shall install and maintain the landscaping, irrigation system and the sign in accordance with the Standard Specifications for Public Works Construction in St. Lucie County, Florida, City of Ft. Pierce and FDOT Standards. DHS shall also provide a Maintenance of Traffic Plan to the 2 Packet Pg. 154 7.C.4.b U J J County for approval prior to construction and provide notice to the County Engineer and Road and Bridge L m Department with a schedule for construction. a . . 5. This Revocable License Agreement shall be binding on future successors and assignees of DHV, provided DHS gives adequate notice to the County pursuant to Paragraph Eleven (11) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at DHS sole expense upon ninety (90) days written notice to DHS. The County Engineer or Road and Bridge Manager may, in lieu of termination, request DHS perform certain alterations at DHS sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 8. DHS agrees to relocate the referenced encroachments, at any time and at no cost to the County, if necessary for the maintenance or improvements of U. S. Highway One. 9. The landscaping, irrigation system and sign in the County's right-of-way shall be constructed in accordance with all applicable building codes and permitting regulations of the County and City of Ft. Pierce and shall be maintained solely at the expense of DHS. Any maintenance activity will be subject to the written approval of the County Engineer and/or Road and Bridge Department. 10. DHS agrees to allow County employees access to the location of the encroachments for County purposes as determined by the County Engineer and/or the Road and Bridge Department, 11. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: 3 Packet Pg. 155 7.C.4.b As to County: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 As to Owner: DHS VC II, LLC. 713 Belrose Ave Daphne, AL 36526 U J J With Copies to: L County Engineer Engineering Division a } 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 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 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. 12. As consideration for the County granting this Revocable License Agreement, DHS agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during DHS use of the property. 13. The County shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. DHS shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. 4 Packet Pg. 156 7.C.4.b ATTE STATE OF _14 _ COUNTY OF j'� VL,) ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DID LIM Ytd .... . . . ... km&414 / CHAIRMAN AS TO FORM AND A' (CORPORATE SEAL) The foregoing instrument was acknowledged before me this day of [ N r� ' k �PofD��� J 2,011, by C „1 _JP- as X&'3y- d HS VC II, LLC, and produced a (type of identification) and who did take an oath. $ > WITNESS my hand and official seal, this day of�� A.D., 201J'()����''�� t My Commission Expires %Xqir-� ley concission February 15 Signature of Notary pv@' c ,z pry `-tea e ��",- f�r7r+t!lssari4s� . c m E z v Q S Packet Pg. 157 7.C.4.b �16tatt:lltt.116 ml it AM t All $� AS --...-----.T.....J.._....ti 7 }- �, p Iii!iNg Packet Pg. 158 7.C.4.b Q Packet Pg. 159 7.C.4.c This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made and entered this day of 2014, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and ALLIANCE FT. PIERCE, LLC, whose address is 2201 Waukegan Road, Suite 120, Bannockburn, IL 60015. ("Alliance"). WHEREAS, Alliance desires to have the Revocable License Agreement issued to DHS VC II, LLC recorded in OR Book 3474, Page 2433 in the Public Records of St. Lucie County, Florida transferred to their name for a sign, landscaping and irrigation system in the County right-of-way contiguous to their property. The sign, landscaping, irrigation system and any electric utilities needed for the sign will be solely maintained by Alliance. WHEREAS, Alliance has requested that the Revocable License Agreement be transferred from DHS to them for the sign, landscaping, irrigation system and electric, if needed, as shown on attached Exhibit "A". The sign is 25 ft. x 12 ft. as shown on Exhibit `B." The Ground Sign has a landscaping area around its base which extends a minimum distance of three (3) feet in all directions. Such landscaped area shall be completely covered by ground cover and shrubs, hedges or similar vegetative materials. Vegetation in the area surrounding said sign shall be maintained at a height of less than twelve (12) inches. With this landscaping requirement, the applicant must maintain the landscaping; therefore irrigation may be necessary depending upon the species planted. As far as the electrical lines, they will need to have any electrical contractor advice on the placement and utilization of electrical lines for each sign. 1 Packet Pg. 160 7.C.4.c WHEREAS, the County has agreed to allow the installation of the sign, landscaping, irrigation system and electric, if needed, in the County's right-of-way, subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant Alliance Ft. Pierce, LLC the transfer of the Revocable License Agreement issued to DHS for the purpose of maintaining a sign, landscaping, irrigation system and electric, if needed, in the County's right-of-way along Alliances' property frontage. Alliance will maintain, weed, mow, plant, irrigate, the sign and sign area, subject to the terms and conditions set forth in this Revocable License Agreement. St. Lucie County Environmental Resources encourages, Alliance to utilize native, drought -tolerant species if any plants need to be replaced. The Florida Yards and neighborhoods Florida -Friendly Plant database is a good resource for locating these types of plants. Alliance will work closely with St. Lucie County Environmental Resources regarding: (1) exact sign locations relative to exact existing tree locations, (2) a discussion regarding impacts that may occur to the existing trees, (3) a discussion of measures to avoid and minimize damage to the existing tree roots during ground disturbance related to sign and landscaping installation, (4) a discussion of proposed tree trimming methodologies, (5) a plan showing landscaping (species, sizes, and locations). This license shall extend only to the above -referenced landscaping and irrigation system, sign and electric, if needed, and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement was to install a sign, landscaping, irrigation and electric, if needed, in the location identified in Exhibit "A". 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes Alliance a sign, landscaping, irrigation and electric, if needed, in this location as identified in Exhibit "A". 4. Alliances' sign, landscaping, irrigation system and electric (if needed) be in accordance with the Standard Specifications for Public Works Construction in St. Lucie County, Florida, City of Ft. PA Packet Pg. 161 7.C.4.c Pierce and FDOT Standards. Alliance shall also provide a Maintenance of Traffic Plan to the County for approval prior to any construction and provide notice to the County Engineer and Road and Bridge Department with a schedule for construction. 5. This Revocable License Agreement shall be binding on future successors and assignees of Alliance, provided Alliance gives adequate notice to the County pursuant to Paragraph Eleven (11) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at Alliance's sole expense upon ninety (90) days written notice to Alliance. The County Engineer or Road and Bridge Manager may, in lieu of termination, request Alliance perform certain alterations at Alliance sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 8. Alliance agrees to relocate the referenced encroachments, at any time and at no cost to the County, if necessary for the maintenance or improvements of U. S. Highway One. 9. The landscaping, irrigation system and sign in the County's right-of-way shall be constructed in accordance with all applicable building codes and permitting regulations of the County and City of Ft. Pierce and shall be maintained solely at the expense of Alliance. Any maintenance activity will be subject to the written approval of the County Engineer and/or Road and Bridge Department. 10. Alliance agrees to allow County employees access to the location of the encroachments for County purposes as determined by the County Engineer and/or the Road and Bridge Department. 11. All notices, request and other communications dealing directly or indirectly with this k3 Packet Pg. 162 7.C.4.c license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 As to Owner: Alliance Ft. Pierce, LLC 2201 Waukegan Road, Suite 120 Bannockburn, IL 60015 With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 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 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. 12. As consideration for the County granting this Revocable License Agreement, Alliance agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Alliance's use of the property. 13. The County shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. Alliance shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. 2 Packet Pg. 163 7.C.4.c ATTEST: DEPUTY CLERK 14LIIN2103 STATE OF _ COUNTY OF ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY ALLIANCE FT. PIERCE, LLC It's (CORPORATE SEAL) The foregoing instrument was acknowledged before me this day of 2014, by as of ALLIANCE FT. PIERCE, LLC, and produced a (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of , A.D., 2014. My Commission Expires: 5 Signature of Notary Public Q Packet Pg. 164 7.C.5 ITEM NO. (ID # 2035) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE 04/15/2014 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - 219 SE Camino Street - Parcel ID 3419-515- 0280-000/2 -John Donaldson John Donaldson requests permission to install a fence in the County's 6-foot Drainage and Utility Easement at the rear of his property and within the 6-foot Drainage and Utility Easement along the sides of the property in River Park. Staff has reviewed and approved the Revocable License Agreement with the understanding if the encroachment causes any flooding or utilities need to be installed Mr. Donaldson must move the fence at his own expense. Mr. Donaldson has signed the Revocable License Agreement with this understanding. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. Donaldson to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 165 7.C.5 Coordination/Signatures Heather Young, Asst. County Attorney 4/4/2014 Faye W. Outlaw, County Administrator 4/11/2014 Updated: 4/3/2014 1:12 PM byJoAnn Riley Page 2 Packet Pg. 166 7.C.5.a JoAnn Rile From: Minnie Donaldson <mousepoop211@yahoo.com> Sent: Tuesday, March 11, 2014 616 PM To: 1oAnn Riley Subject: revocable license agreement request To whom it may concern: I John Donaldson am requesting a revocable license agreement for my property located at 219 S.E. Camino St. Port St. Lucie Fl. 34952. 1 would like to install a 6 ft. wooden fence, approximately 300 ft total length and would like to build it from the front corners of the house to the back of the property along the property lines. My phone # is 772-237-9078 if you have any further questions. Thank You for your consideration in this matter. John C. Donaldson MAR 12 201 Packet Pg. 167 ': 219 SE Camino Street f 20vc cY+�o S . 5 2j 1D 4 3 2 -� 1 l 2D l[ 1 12 13 141815 16 17 Z (: PI�1M+41v15TA:8 i PRIMA VtST48L3/D ! I 30 4 10 4, 11 5 O 10 29 y - 6 0 6 g 7 d 2s tD 21 25 27 17 22 26 20 24 23 18 18 d W S. SitLp<ieC- ournvmaN«n9 wa=ramr,rep=eae>aWopn er guaramy asw th—onlent. eepaence, acwrapv.ameliaeaa, or wropleieness pt sarpf the eapda�i�to:mauon prp.iaed nerem. 0 U.0050.0"I 0.02 0.03 009 The reader sheultl net rely on the data provided herein kr arty reason. 5!. Lucie Gpunty ezp=icipy disFa�ms eny:epresenutions rtntl warranties, Including, wlGrcu[ limitation, the Implied MI�eS anties of mer«anlapility entl iriness for a particular purpose. St. Lucie County shall assume no liedillty for: t. Any errors, pmisaip�s, c n the information Provided raBardless p: how caused: or2 Any decision made er ectien taken or nor ra Nen by any pexpn In reliance upon arty InNrtnatipncar dale iurniened hereunder. Packet Pg. 168 7.C.5.c L S7 ri@sOlyd G A91el.e F/J /t'iR Ucrd F'�c4 � Co,r ✓3 !f2: 2 e"'< L . VZ I� Lorfj / �7a� ilcsia u�seh �°- 0 In Q O t a• .uo Ad A "t.BG79v- ,�frz m m L Cn 0 E m U Lu o� N c L w c d ADDmoNs oRDEr=oNs TO suKwy N J BYaTH�T$AidTHES1GNINGPART'Y TS d PRofiT nm wrrHoUT WRITTEN CONSE! OF THE SMWG PARTY. — BOUNDARY SURV � PREPARED FOR — J djj71 G; �16 Zah'2 4 s'o'J F��ZIiIP�,.r1x1JlJGJ��GjfG� Cc. Lo M N Ozz9�x� x z rirt r�,�{, 0 z 0 SURVE:YbR'S CERTIFIC a) E I HEREBY CERTIFY TO THE BEST OF MY BELIE ,T TKS SURVEY IS TRUE AND ACCURATE, SUBJE 3 ALL NOTES AND NOTATMNS SHOWN HEREON. a+ c MICHAEL R. LAfNSON HSM 5723 DAT t '" V — m Q Packet Pg. 169 7.C.5.d This instrument prepared by: Janet LiCausi underthe direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue tort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2014, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and JOHN DONALDSON whose address is 219 SE Camino St, Port St. Lucie, FL 34952 (the "Owner") WHEREAS, the Owner owns the property described as follows: Lot 13, Block 31, River Park Unit 3, according to the Plat thereof, as recorded in Plat Book 10, Page 80, of the Public Records of St. Lucie County, Florida WHEREAS, the Owner has requested a Revocable License Agreement for a 6 ft, wooden fence from the front of the house, on either side and along the back of their property. There is utility/ drainage easement that runs along the rear and sides of the property. Exhibit A. WHEREAS, the County is willing to permit the Owner to encroach in the rear 6-foot drainage/utility easement and the 6-foot side drainage/utility easement for the purpose of installing a fence subject to the terms and conditions set forth in this Revocable License Agreement. WHEREAS, the subject property lies within the City of Port St Lucie's Utility Service Area ("CITY"); WHEREAS, CITY grants the same permission and authority as granted by the COUNTY in this agreement so long as OWNER grants the CITY the same rights regarding removal and/or revocation of the authority granted to the COUNTY to build on a drainage and/or utility easement which is dedicated to the public. Additionally, upon the CITY, its agent, employee or designee's request, Owner agrees that if the CITY has requested removal or relocation of any Packet Pg. 170 7.C.5.d encroachments and Owner has failed to comply, CITY will move the encroachments and demand repayment in full from the Owner. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the privacy fence which will encroach in the County's 6-foot rear drainage/utility easement and the 6-foot side drainage/utility easement. This Revocable License shall extend only to the referenced fence and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to install and maintain the fence in the County's drainage/utility easement. The Owner agrees that if the County Engineer and/or Utilities Department determine the fence is causing problems or the fence needs to be removed or relocated the Owner will do so at the Owner's' sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install the fence in the County's drainage/utility easement. 4. The Owner shall maintain the easement along their fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence shall not interfere with the use of the easement and any damage to the easement shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 2 Packet Pg. 171 7.C.5.d 6. The County shall have the right, at the sole discretion of the County Engineer and/or Utilities Department, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Utilities Department may, in lieu of termination, request that the Owner performs certain alterations to the fence or the location of the fence, at the Owners' sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Utilities Department, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and repair of the easement, if necessary. S. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein 9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of easement by the County or Utilities Department. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner Any maintenance or relocation activity will be subject to the written approval of the County Engineer and/or Utilities Department. 11. The Owner agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer and/or Utilities Department. 3 Packet Pg. 172 7.C.5.d 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: John C. Donaldson 219 SE Camino Street Port St. Lucie, FL 34952-3306 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 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 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 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorney's fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. M Packet Pg. 173 7.C.5.d 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: BY: DEPUTY CLERK Witness Witness STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY The foregoing instrument was acknowledged before me this day of 2014, by JOHN C. DONALDSON who produced (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of 2014. My commission expires: Signature of Notary Public 5 r Q Packet Pg. 174 7.C.5.d EXHIBIT "A" , w a� L f v! O 3S'4�a' w uaa Pp 4 5rr�s.O,J;4 G • AluB'• Fit �-7�4 '-' c ��c�� �� ✓.� ��ac',�i �1 W ay a�i a� �' r� 3 �� •� ILA � �a .� y � �,� /�r � --3 � O Anomoxs oR nminatas To suRv9. � s Q p �* •� BXOTH5FL THAW THE SIGNING PART PROEM WTt'HOVT VJBT!'iW 0M * OF THE 5I4:NWG PARTY. LO BOUNDARY SUR Pp"r APM IToR: c - � 'IQ ��• .) at%t1 G? ,4e,rJllt,d SaL% ai l�u l� o/a£ �° •f as 19r as d�116 d }��3s'�d' o �, SURVEYOR'S CERTIF I HEREBY CERTIFY TO THE BEST OF MY E T: THIE SURVEY IS TRUE AND ACCURATE, SL ALL NOTES AND NOTATIONS SHOWN HE EI O > �c8G79e• � ' MICHAELR. LA4VSON SM 5723 d E ` t V t4 r-+ r Q Packet Pg. 175 7.C.6 ITEM NO. (ID # 1924) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE 04/15/2014 *CONSENT AGENDA\COUNTY ATTORNEY Health Department - Amendment I to Attachment II of 2013-2014 Contract Attached to this agenda item is a proposed Amendment I to the 2013-2015 contract with the St. Lucie County Health Department. The proposed amendment will amend Attachment II of the contract. As a result of revenue increases and reallocation of program funds, the amendment will result in an increase from $14,318,809.00 to $14,598,012.00 (net increase of $279,203.00). The cover letter from the Health Department which breaks down the program changes is also attached. There will be no increase of the County's contribution under the proposed amendment. PREVIOUS ACTION: The Board of County Commissioners approved the 2013-2014 contract with the St. Lucie County Health Department on September 17, 2013. FINANCIAL IMPACT: Account No. 001-6210-581020-600 RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Amendment I to Attachment II of the 2013-2014 contract with the St. Lucie County Health Department. 16191L&II MI-1Eel ►I_TilIW03 Packet Pg. 176 7.C.6 Coordination/Signatures Heather Young, Asst. County Attorney 4/4/2014 Faye W. Outlaw, County Administrator 4/11/2014 Updated: 4/4/2014 9:55 AM by Heather Young Page 2 Packet Pg. 177 7.C.6.a Rick Scott HEALTH Governor January 30, 2014 Beth Ryder, Community Services Director 7th Street Fort Pierce, FL 34953 Dear Beth: John H. Armstrong, MD, FACS +, State Surgeon General L r 0 ti Below is a breakdown of the attaced revenue increases and reallocation, by program, in the amount of $279,203.00 for Amendment Its State & County Contract 2013-2014. Also included are all changed pages for the contract amendment. Should you have any questions please call me at X 4885. State and County Contract Amendment By Program Program Original Contract Amended Contract / Source of Change Gen Rev SCH C $ 1,781,732.00 $ 1,779,826.00 Decrease in SCH C gen rev Non Gen. Rev. SCH C $ 581,237.00 $ 624,819.00 Increase non SCH C other rev Federal Revenue SCH C $ 5,821,162.00 $ 5,932,007.00 Increase in program Fed funding EH Rev $ 269,353.00 $ 296,374.00 Increase in EH revenue Medicaid Revenue $ 3,830,216.00 $ 4,157,005.00 Increase in Medicaid rate Clinic Local Revenue $ 895,959.00 $ 714,573.00 Decrease in Clinic Local revenue Local Grants $ 1,139,150.00 $ 1,093,408.00 Decrease in Grant revenue Total $ 14,318,809.00 $ 14,598,012.00 Thank you, Traci A. Fox, MPH Finance & Accounting Director CC: Larry Lee Heather Young HPO Budget Office is 0 N M 0 N ST. LUCIE COUNTY HEALTH DEPARTMENT Q 5150 NW Milner Drive Fort Pierce Site Port St. Lucie, FL 34983 Port St. Lucie Site 714 Avenue "C" (772) 462-3800 5150 NW Milner Dr FAX: (772) 462-3824 Website: http://www.stluciecountyhealth.com FAX: (772) 873-4941 Packet Pg. 178 7.C.6.a Rick Scott Governor Detail of funding changes: Gen Rev SCH C: $1,906.00 decrease in non -categorical GR John H. Armstrong, MD, FACS State Surgeon General Non Gen Rev SCH C: $43,582.00 increase in Medicaid Incentive for Electronic Hlth Rcds (non -recurring funds) and Tobacco Admin & Management Fed Rev SCH C: 110,845.00 increase Bioterrorism Hospital Preparedness, Community Hlth Improvement (non -recurring funds) Public Hlth Preparedness, STD, AIDS program funding Note: All Federal monies are reimbursed as we spend it. EH Rev: $27,021.00 increase in permitting Medicaid Rev: $326,789.00 increase in LIP funding for last quarter payment that ACHA did not send till this FY Note: All funding goes back into the programs to support them Clinic Local Rev: $181,386.00 decrease in collection of personal Hlth fees and clients Note: All funding goes back into the programs to support them Local Grants: $45,742.00 decrease in Local grant agreements ST. LUCIE COUNTY HEALTH DEPARTMENT 5150 NW Milner Drive Fort Pierce Site Port St. Lucie, FL 34983 714 Avenue "C" (772) 462-3800 FAX: (772) 462-3824 Website: http://www.stiuciecountyhealth.com Port St. Lucie Site 5150 NW Milner Dr FAX: (772) 873-4941 Packet Pg. 179 7.C.6.a In WITNESS THEREOF, the parties hereto have caused this 24 page agreement to be executed by their undersigned officials as duly authorized effective the 1Tday of October, 2013. BOARD OF COUNTY COMMISSIONERS FOR St. Lucie COUNTY SIGNED BY: NAME: Tod Mowery TITLE: Chairman DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: Clerk of the Court DATE: STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME: John H. Armstrong, MD TITLE: Suraeon General/Secretary of Health DATE: SIGNED BY• /"'z NAME: Larry J. Lee, R.N., M.A. TITLE: CHD Director/Administrator DATE: Q Packet Pg. 180 7.C.6.a 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. C U b. "Communicable disease control services" are those services which protect the N health of the general public through the detection, control, and eradication of diseases r which are transmitted primarily by human beings. Communicable disease services shall N be supported by available federal, state, and local funds and shall include those services c 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. s 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 are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment 11. 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 $ 8,795,558.00 (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 11, Part I I is an amount not to exceed $863,295.00 (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 Agreement in the Packet Pg. 181 1. GENERAL REVENUE - STATE 0 U 015040 AIDS PREVENTION 23,980 0 23,990 0 23,980 1* 015040 ALG/CESSPOOL IDENTIFICATION AND ELIMINATION 0 0 0 p 0 0 N 015040 ALG/CONTR TO CHDS-AIDS PATIENT CARE NETWORK 0 0 0 0 0 015040 ALGAPO HEALTHY START/IPO 0 0 0 0 0 N 015040 COMMUNITY SMILES - MIAMI-DADE 0 p 0 0 0 015040 COUNTY SPECIFIC DENTAL PROJECTS - ESCAMBIA 0 0 p 0 0 C _ 015040 DUVAL TEEN PREGANCY PREVENTION - DUVAL 0 0 p p p 015040 FL CLPPP SCREENING & CASE MANAGEMENT 0 0 0 0 0 E 015040 HEALTHY START GENERAL REVENUE CHD 0 0 0 0 0 t t� 015040 HEALTHY START MED-WAIVER - CLIENT SERVICES 0 0 0 0 0 015040 LA LIGA-LEAGUE AGAINST CANCER - MIAMI-DADE 0 0 0 0 0 Q 015040 METRO ORLANDO URBAN LEAGUE - ORANGE 0 p 0 0 0 _ 015040 MINORITY OUTREACH-PENALVER CLINIC - MIAMI-DADE 0 0 0 p 0 015040 PREPAREDNESS GRANT MATCH 75,219 0 75,219 0 75,219 4) E 015040 SCHOOL HEALTH GENERAL REVENUE 77,717 0 77,717 0 77,717 015040 STATEWIDE DENTISTRY NETWORK - ESCAMBIA 0 0 0 0 0 N 015040 STD GENERAL REVENUE 49,541 0 49,541 0 49,541 Q 015040 TREASURE COAST MIDWIFERY - MARTIN 0 0 0 0 0 015040 AIDS SURVEILLANCE 65,234 0 65,234 0 65,234 � 015040 ALG/CONTR TO CHDS-AIDS PATIENT CARE 195,000 0 195,000 0 195,000 4) 015040 ALG/CONTR TO CHDS-SOVEREIGN IMMUNITY 0 0 0 0 0 Q 015040 ALG/PRIMARY CARE 0 0 0 0 0 d 0 015040 COMMUNITY TB PROGRAM 123,809 0 123,809 0 123,809 015040 DENTAL SPECIAL INITIATIVES 6,541 0 6,541 0 6,541 015040 FAMILY PLANNING GENERAL REVENUE 38,783 0 38,783 0 38,783 = 015040 FL HEPATITIS & LIVER FAILURE PREVENTION/CONTROL 0 0 0 0 0 It 015040 HEALTHY START MED WAIVER - SOBRA 0 0 0 0 0 015040 JESSIE TRICE CANCER CTR/HEALTH CHOICE - MIAMI-DADE 0 0 0 0 0 v_ 015040 MANATEE COUNTY RURAL HEALTH SERVICES 0 0 0 0 0 C 015040 MIGRANT LABOR CAMP SANITATION 0 0 0 0 0 d E 015050 NON -CATEGORICAL GENERAL REVENUE 1,124,002 0 1,124,002 0 1,124,002 GENERAL REVENUE TOTAL 1,779,826 0 1,779,826 0 1,779,826 d Q 2. NON GENERAL REVENUE - STATE d 015010 ALG/CONTR. TO CHDS-BIOMEDICAL WASTE 9,554 0 9,554 0 9,554 E 015010 DOH INDIRECT 115,915 0 115,915 0 115,915 sZ 015010 PREPAREDNESS GRANT MATCH 0 p 0 0 0 p 015010 SCHOOL HEALTH TOBACCO TF 142,797 0 142,797 0 142,797 015010 TOBACCO COMMUNITY INTERVENTION 233,590 0 233,590 0 233,590 d 015010 SUPER ACT 7,667 0 7,667 0 7,667 = 015010 MEDICAID INCENTIVE FOR ELECTRONIC HEALTH RECORDS 46,747 0 46,747 0 46,747 C 015010 PUBLIC SWIMMING POOL PROGRAM 0 0 0 0 0 E 015010 TOBACCO ADMINISTRATION & MANAGEMENT 3,600 0 3,600 0 3,600 t� 015020 TRANSFER FROM ANOTHER STATE AGENCY 0 0 0 0 0 Z 015020 TRANSFER FROM ANOTHER STATE AGENCY 0 0 0 0 0 Q 015020 TRANSFER FROM ANOTHER STATE AGENCY 0 0 0 0 0 015060 NON -CATEGORICAL TOBACCO REBASING 64,949 0 64,949 0 64,949 Version: 3 Packet Pg. 182 NON GENERAL REVENUE TOTAL 624,819 0 624,819 0 624,819 r r- 0 V 3. FEDERAL FUNDS - State T 0 007000 ABSTINENCE EDUCATION GRANT PROGRAM 0 0 0 0 0 N 007000 AIDS PREVENTION 395,726 0 395,726 0 395,726 G 007000 BIOTERRORISM HOSPITAL PREPAREDNESS 240,350 0 240,350 0 240,350 N 007000 COASTAL BEACH MONITORING PROGRAM 10,569 0 10,569 0 10,569 0 007000 DENTAL SERVICES 0 0 0 0 0 - 007000 EPIDEMIOLOGY & LABORATORY CAPACITY FOR INFECTIOUS 0 0 0 0 0 4) d 007000 EXPANDED TESTING INITIATIVE (ETI) 263,000 0 263,000 0 263,000 E t 007000 COMMUNITY HEALTH IMPROVEMENT 20,505 0 20,505 0 20,505 v 0 007000 HEALTHY FAMILIES HEALTHY COMMUNITIES 5,000 .0 5,000 0 5,000 Q 007000 IMMUNIZATION AFIX 0 0 p p 0 O 007000 IMMUNIZATION FIELD STAFF EXPENSE 0 0 p 0 0 +, 007000 MCH BGTF-HEALTHY START COALITIONS 0 0 0 0 0 4) 0 007000 MINORITY AIDS INITIATIVE 0 0 0 0 0 E 007000 MINORITY INVOLVEMENT IN HIV/AIDS PROGRAM 0 0 0 0 0 N 007000 PREGNANCY ASSOCIATED MORTALITY PREVENTION 0 0 0 0 0 Q 007000 PUBLIC HEALTH PREPAREDNESS BASE 227,326 0 227,326 0 227,326 , 007000 RYAN WHITE 74,225 0 74,225 0 74,225 = 007000 RYAN WHITE -AIDS DRUG ASSIST PROG-ADMIN 78.552 0 78,552 0 78,552 4) 007000 STATE OFFICE OF RURAL HEALTH 0 0 0 0 0 R 007000 STD FEDERAL GRANT - CSPS 53,560 0 53,560 0 53,560 0 007000 SYPHILIS ELIMINATION 0 0 0 p 0 t 007000 TOBACCO FAITH BASED PROJECT 0 0 0 0 0 = is 007000 UNINTENDED/UNWANTED PREG-TEEN PREGNANCY PREY 25,473 0 25,473 0 25,473 = 007000 WIC BREASTFEEDING PEER COUNSELING 56,026 0 56,026 0 56,026 007000 ADULT VIRAL HEPATITIS PREVENTION & SURVEILLANCE 0 0 0 0 0 C4 007000 AIDS SURVEILLANCE 0 0 0 0 0 v 007000 CHRONIC DISEASE PREVENTION & HEALTH PROMOTION 0 0 p 0 0 007000 COLORECTAL CANCER SCREENING 0 0 0 0 0 d 007000 ENHANCE COMPREHENSIVE PREVENTION PLANNING AND IMPL 0 0 0 0 0 E 007000 EPIDEMIOLOGY & LABORATORY CAPACITY HAI 0 0 0 0 0 d 007000 FGTF/AIDS MORBIDITY 0 0 0 0 0 Q 007000 FGTF/FAMILY PLANNING -TITLE X 76,150 0 76,150 0 76,150 w, 007000 HIV HOUSING FOR PEOPLE LIVING WITH AIDS 486,880 0 486,880 0 486,880 a) 007000 IMMUNIZATION FEDERAL GRANT ACTIVITY SUPPORT 25,289 0 25,289 0 25,289 E 007000 MCH BGTF-GADSDEN SCHOOL CLINIC 0 p 0 p 0 sZ 007000 MEDICARE RURAL HOSPITAL FLEXIBILITY PROGRAM 0 0 0 0 0 C 007000 MINORITY AIDS INITIATIVE TCE COLLABORATIVE 0 0 0 0 0 007000 PHP - CITIES READINESS INITIATIVE 0 0 0 0 0 007000 PUBLIC HEALTH INFRASTRUCTURE 0 0 0 0 0 = 007000 RAPE PREVENTION & EDUCATION 0 0 0 0 0 007000 RYAN WHITE - EMERGING COMMUNITIES 179,284 0 179,284 0 179,284 d E 007000 RYAN WHITE -CONSORTIA 2,247,243 0 2,247,243 0 2,247,243 t� 007000 STATEWIDE ASTHMA PROGRAM 0 0 0 0 0 007000 STD PROGRAM INFERTILITY PREVENTION PROJECT (IPP) 0 0 0 0 0 Q 007000 TEENAGE PREGNANCY PREVENTION REPLICATION 0 0 0 0 0 007000 TUBERCULOSIS CONTROL - FEDERAL GRANT 0 0 0 p 0 Version: 3 Packet Pg. 183 3. FEDERAL FUNDS - State 007000 WIC ADMINISTRATION 015009 MEDIPASS WAIVER-HLTHY STRT CLIENT SERVICES 015009 MEDIPASS WAIVER-SOBRA 007055 ARRA FEDERAL GRANT - SCHEDULE C 015075 SCHOOL HEALTH TITLE XXI 015075 EH FEES-3S000 015075 TB-SRSER 015075 SCHOOL HEALTH FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 PUBLIC WATER ANNUAL OPER PERMIT 001020 TATTOO 001020 SWIMMING POOLS 001020 BODY PIERCING 001020 MOBILE HOME AND PARKS 001020 BIOHAZARD WASTE PERMIT 001020 TANNING FACILITIES 001020 MIGRANT HOUSING PERMIT 001020 FOOD HYGIENE PERMIT 001020 PRIVATE WATER CONSTR PERMIT 001020 PUBLIC WATER CONSTR PERMIT 001020 SAFE DRINKING WATER 001092 OSDS PERMIT FEE 001092 AEROBIC OPERATING PERMIT 001092 NON SDWA LAB SAMPLE 001092 ENVIRONMENTAL HEALTH FEES 001092 1 & M ZONED OPERATING PERMIT 001092 SEPTIC TANK SITE EVALUATION 001092 OSDS VARIANCE FEE 001092 OSDS REPAIR PERMIT 001170 LAB FEE CHEMICAL ANALYSIS 001170 NONPOTABLE WATER ANALYSIS 001170 WATER ANALYSIS -POTABLE 001206 CENTRAL OFFICE SURCHARGE 001093 CHD ON-LINE BILLING FEE FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 5. OTHER CASH CONTRIBUTIONS - STATE 010304 STATIONARY POLLUTANT STORAGE TANKS 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT 031005 CHDTF CASH TRANSFER 010306 DOH/DOC INTERAGENCY AGREEMENT OTHER CASH CONTRIBUTIONS TOTAL 6. MEDICAID -STATE/COUNTY 001056 MEDICAID PHARMACY Version: 3 r c O V 1,419,456 0 1,419,456 0 1,419,456 0 0 0 0 0 O 0 p 0 0 0 N ch 0 0 0 0 0 O 32,383 0 32,383 0 32,383 N 3,855 0 3,855 0 3,855 O 11,155 0 11,155 0 11,155 0 0 0 0 0 G� E 5,932,007 0 5,932,007 0 5,932,007 Q O 0 0 0 0 0 - 8,057 0 8,057 0 8,057 68,274 0 68,274 0 68,274 E 850 0 850 0 850 d 13,050 0 13,050 0 13,050 E 20,505 0 20,505 0 20,505 Q 2,789 0 2,789 0 2,789 0 0 0 p 0 G> E 24,488 0 24,488 0 24,488 28,021 0 28,021 0 28,021 a 0 0 0 0 0 C 0 0 0 0 0 +�+ 0 0 0 0 0 0 0 0 0 0 4) 0 0 0 0 0 N 107,340 0 107,340 0 107,340 0) 0 0 0 0 0 - 0 0 0 0 0 0 0 0 0 0 E 0 0 0 0 0 r_ 0 0 0 0 0 d E 0 0 0 0 0 Q w 0 0 0 p 0 C d 23,000 0 23,000 0 23,000 0 0 0 0 0 Q. 296,374 0 296,374 0 296,374 d t iv d 0 0 0 0 0 = 0 0 p p 0 = d 0 0 0 0 0 0 0 0 0 0 R r 0 0 0 0 0 Q 0 0 0 0 0 Packet Pg. 184 6. MEDICAID - STATE/COUNTY 0 U 001076 MEDICAID TB 0 0 0 0 0 .4 001078 MEDICAID ADMINISTRATION OF VACCINE 0 1,600 1,600 0 1,600 0 001079 MEDICAID CASE MANAGEMENT 0 222,935 222,935 0 222,935 N M 001081 MEDICAID CHILD HEALTH CHECK UP 0 0 0 0 0 Cl 001082 MEDICAID DENTAL 0 225,252 225,252 0 225,252 N 001083 MEDICAID FAMILY PLANNING 0 35,000 35,000 0 35,000 0 001087 MEDICAID STD 0 2,200 2,200 0 2,200 001089 MEDICAID AIDS 0 2,316 2,316 0 2,316 N 001 147 MEDICAID HMO CAPITATION 0 p p p 0 v 001 191 MEDICAID MATERNITY 0 p p p 0 001 192 MEDICAID COMPREHENSIVE CHILD 0 50,650 50,650 0 50,650 Q 001 193 MEDICAID COMPREHENSIVE ADULT 0 599,718 599,718 0 599,718 001194 MEDICAID LABORATORY 0 0 0 0 0 001208 MEDIPASS $3.00 ADM. FEE 0 11,000 11,000 0 11,000 4) -a 001059 MEDICAID LOW INCOME POOL 0 1,875,000 1,875,000 0 1,875,000 001051 EMERGENCY MEDICAID 0 0 p p 0 C 4) 001058 MEDICAID - BEHAVIORAL HEALTH 0 0 0 0 0 Q 001071 MEDICAID - ORTHOPEDIC 0 0 p 0 0 ' 001072 MEDICAID - DERMATOLOGY 0 0 p p 0 y 001075 MEDICAID - SCHOOL HEALTH CERTIFIED MATCH 0 7,833 7,833 0 7,833 E 001069 MEDICAID - REFUGEE HEALTH 0 0 p p 0 Q 001055 MEDICAID - HOSPITAL 0 0 p p 0 d a 001 148 MEDICAID HMO NON -CAPITATION 0 0 p p 0 t 001074 MEDICAID - NEWBORN SCREENING 0 0 p p 0 001180 DENTAL MEDICAID HMO 0 1,123,501 1,123,501 0 1,123,501 = MEDICAID TOTAL 0 4,157,005 4,157,005 0 4,157,005 N 7. ALLOCABLE REVENUE - STATE 018000 REFUNDS 0 0 0 0 0 037000 PRIOR YEAR WARRANT 0 0 0 0 0 E 038000 12 MONTH OLD WARRANT 0 0 0 0 0 '0 d ALLOCABLE REVENUE TOTAL 0 0 p 0 0 E Q 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE E ADAP 0 0 p 1,044,419 1,044,419 OTHER (SPECIFY) 0 0 p p 0 PHARMACY SERVICES 0 0 0 106,556 106,556 TB SERVICES 0 0 0 0 0 STD SERVICES 0 0 0 0 0 = WIC FOOD 0 0 0 6,180,137 6,180,137 DENTAL SERVICES 0 0 0 0 0 = d OTHER (SPECIFY) 0 0 0 0 0 t LABORATORY SERVICES 0 0 0 84,623 84,623 v R IMMUNIZATION SERVICES 0 0 0 152,549 152,549 a CONSTRUCTION/RENOVATION 0 0 p 0 0 OTHER STATE CONTRIBUTIONS TOTAL 0 0 p 7,568,284 7,568,284 Version: 3 Packet Pg. 185 9. DIRECT LOCAL CONTRIBUTIONS - BCC/TAX DISTRICT O V 008010 CONTRIBUTION FROM CITY GOVERNMENT 0 0 0 0 0 .4 008020 CONTRIBUTION FROM HEALTH CARE TAX NOT THRU BCC 0 0 0 0 0 N 008040 BCC GRANT/CONTRACT 0 0 0 0 0 ' M 008030 CONTRIBUTION FROM HEALTH CARE TAX 0 0 0 0 0 O 008034 BCC CONTRIBUTION FROM GENERAL FUND 0 863,295 863,295 0 863,295 N O DIRECT COUNTY CONTRIBUTION TOTAL 0 863,295 863,295 0 863,295 = c 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY m E 001060 VITALS 0 4,100 4,100 0 4,100 t 0 001077 RABIES VACCINE 0 0 0 0 0 Q 001077 PERSONAL HEALTH FEES 0 321,554 321,554 0 321,554 O 001077 CHILD CAR SEAT PROG 0 0 0 0 0 - 001077 AIDS CO -PAYS 0 0 0 0 0 4) O 001094 ADULT ENTER. PERMIT FEES 0 0 0 0 0 E 001094 LOCAL ORDINANCE FEES 0 147,661 147,661 0 147,661 C 001 1 14 NEW BIRTH CERTIFICATES 0 70,000 70,000 0 70,000 d E 001 1 15 VITAL STATISTICS - DEATH CERTIFICATE 0 168,758 168,758 0 168,758 a 001 1 17 VITAL STATS-ADM. FEE 50 CENTS 0 2,500 2,500 0 2,500 = 001073 CO -PAY FOR THE AIDS CARE PROGRAM 0 0 0 0 0 O E 001025 CLIENT REVENUE FROM GRC 0 0 0 0 0 001040 CELL PHONE ADMINISTRATIVE FEE 0 0 0 0 0 C FEES AUTHORIZED BY COUNTY TOTAL 0 714,573 714,573 0 714,573 t 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 2 001009 RETURNED CHECK ITEM 0 0 0 0 0 001029 THIRD PARTY REIMBURSEMENT 0 0 0 0 0 04 0) 001029 HEALTH MAINTENANCE ORGAN. (HMO) 0 0 0 0 0 001054 MEDICARE PART D 0 0 0 0 0 001077 RYAN WHITE TITLE 11 0 0 0 0 0 4) 001090 MEDICARE PART B 0 8,044 8,044 0 8,044 001 190 HEALTH MAINTENANCE ORGANIZATION 0 0 0 0 0 4) 005040 INTEREST EARNED 0 0 0 0 0 a 005041 INTEREST EARNED -STATE INVESTMENT ACCOUNT 0 15,754 15,754 0 15,754 +' C 007010 U.S. GRANTS DIRECT 0 0 0 0 0 E 008050 SCHOOL BOARD CONTRIBUTION 0 0 0 0 0 008060 SPECIAL PROJECT CONTRIBUTION 0 0 0 0 0 d 010300 SALE OF GOODS AND SERVICES TO STATE AGENCIES 0 0 0 0 0 C 010301 EXP WITNESS FEE CONSULTNT CHARGES 0 0 0 0 0 010405 SALE OF PHARMACEUTICALS 0 0 0 0 0 010409 SALE OF GOODS OUTSIDE STATE GOVERNMENT 0 0 0 0 0 011001 HEALTHY START COALITION CONTRIBUTIONS 0 499,456 499,456 0 499,456 011007 CASH DONATIONS PRIVATE 0 0 0 0 0 012020 FINES AND FORFEITURES 0 1,526 1,526 0 1,526 v R 012021 RETURN CHECK CHARGE 0 0 0 0 0 Q 028020 INSURANCE RECOVERIES -OTHER 0 0 0 0 0 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0 011000 GRANT -DIRECT 0 252,638 252,638 0 252,638 Version: 3 Packet Pg. 186 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 011000 DIRECT -ARROW 0 0 0 0 0 011000 GRANT -DIRECT 0 0 0 0 0 011000 GRANT DIRECT -ARROW 0 0 0 0 0 011000 GRANT DIRECT -HEALTH CARE DISTRICT PAHOKEE 0 0 0 0 0 011000 GRANT -DIRECT HRSA 007099 0 315,875 315,875 0 315,875 011000 GRANT -DIRECT 0 0 0 0 0 011000 GRANT DIRECT -NOVA UNIVERSITY CHD TRAINING 0 0 0 0 0 011000 GRANT DIRECT -COUNTY HEALTH DEPARTMENT DIRECT SERVICES 0 0 0 0 0 011000 GRANT -DIRECT 0 0 0 0 0 011000 GRANT -DIRECT 0 0 0 0 0 011000 GRANT DIRECT -QUANTUM DENTAL 0 0 0 0 0 011000 GRANT -DIRECT 0 0 0 0 0 011000 GRANT -DIRECT 0 0 0 0 0 010402 RECYCLED MATERIAL SALES 0 0 0 0 0 010303 FDLE FINGERPRINTING 0 0 0 0 0 007050 ARRA FEDERAL GRANT 0 0 0 0 0 001010 RECOVERY OF BAD CHECKS 0 0 0 0 0 008065 FCO CONTRIBUTION 0 0 0 0 0 011006 RESTRICTED CASH DONATION 0 0 0 0 0 028000 INSURANCE RECOVERIES 0 0 0 0 0 001033 CMS MANAGEMENT FEE - PMPMPC 0 0 0 0 0 010400 SALE OF GOODS OUTSIDE STATE GOVERNMENT 0 115 115 0 115 010500 REFUGEE HEALTH 0 0 0 0 0 005045 INTEREST EARNED -THIRD PARTY PROVIDER 0 0 0 0 0 005043 INTEREST EARNED-CONTRACT/GRANT 0 0 0 0 0 001053 MEDICARE - PART A 0 0 0 0 0 011002 ARRA FEDERAL GRANT - SUB -RECIPIENT 0 0 0 0 0 011004 LOW INCOME POOL - SUBRECIPIENT 0 0 0 0 0 001003 WIRE TRANSFER FEE 0 0 0 0 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 1,093,408 1,093,408 0 1,093,408 12. ALLOCABLE REVENUE -COUNTY 018000 REFUNDS 0 0 0 0 0 037000 PRIOR YEAR WARRANT 0 0 0 0 0 038000 12 MONTH OLD WARRANT 0 0 0 0 0 001053 CLIENT REVENUE FROM NCO 0 0 0 0 0 COUNTY ALLOCABLE REVENUE TOTAL 0 0 0 0 0 13. BUILDINGS - COUNTY ANNUAL RENTAL EQUIVALENT VALUE OTHER (SPECIFY) UTILITIES BUILDING MAINTENANCE GROUNDS MAINTENANCE INSURANCE OTHER (SPECIFY) BUILDINGS TOTAL Version: 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 720,000 720,000 0 0 0 0 0 0 0 0 0 0 0 0 r c 0 U O N O N 720,000 720,000 Packet Pg. 187 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENTIVEHICLE PURCHASES 0 0 0 0 VEHICLE INSURANCE 0 0 0 0 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 8,633,026 6,828,281 15,461,307 8,288,284 0 23,749,591 Version: 3 Packet Pg. 188 A. COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) 2.45 1,416 1,741 41,964 35,960 41,964 41,948 18,420 143,416 STD (102) 7.15 1,362 2,019 119,864 102,714 119,864 119,819 315,065 147,196 HIV/AIDS PREVENTION (03A1) 8.81 4,963 7,096 217,169 186,097 217,169 217,086 753,371 84,150 HIV/AIDS SURVEILLANCE (03A2) 1.13 22 63 21,078 18,062 21,078 21,071 81,089 200 HIV/AIDS PATIENT CARE (03A3) 21.13 1,831 12,719 918,795 845,009 986,097 985,718 3,434,611 301,008 ADAP (03A4) 2.23 178 1,030 41,282 35,375 41,282 41,265 158,886 318 TB CONTROL SERVICES (104) 3.48 463 1,603 67,907 58,191 67,907 67,881 249,552 12,334 COMM. DISEASE SURV. (106) 3.23 0 5,351 63,690 54,577 63,690 63,666 39,590 206,033 HEPATITIS PREVENTION (109) 0.00 0 0 0 0 0 0 0 0 PUBLIC HEALTH PREP AND RESP (116) 4.82 0 1,293 127,827 109,538 127,827 127,778 492,970 0 REFUGEE HEALTH (118) 0.01 0 0 212 182 212 211 817 0 VITAL STATISTICS (180) 2.08 6,490 13,340 32,104 27,511 32,104 32,093 0 123,812 COMMUNICABLE DISEASE SUBTOTAL 56.52 16,725 46,255 1,651,892 1,473,216 1,719,194 1,718,536 5,544,371 1,018,467 B. PRIMARY CARE: CHRONIC DISEASE SERVICES (210) 3.22 7,007 2,027 402,149 344,610 402,149 401,993 4,018 1,546,883 TOBACCO PREVENTION (212) 2.77 0 475 65,442 56,079 65,442 65,417 252,380 0 WIC (21 W 1) 25.79 12,013 108,398 370,815 307,780 370,815 370,644 1,419,456 598 WIC BREASTFEEDING PEER COUNSELING (21 W2) 2.72 0 9,399 21,856 18,729 21,856 21,847 84,288 0 FAMILY PLANNING (223) 5.48 1,387 2,237 93,152 79,824 93,152 93,118 313,464 45,782 IMPROVED PREGNANCY OUTCOME (225) 0.00 0 0 0 0 0 0 0 0 HEALTHY START PRENATAL (227) 6.67 3,790 1,443 115,873 99,294 115,873 115,828 0 446,868 COMPREHENSIVE CHILD HEALTH (229) 6.16 888 2,577 103,692 113,500 110,892 110,892 0 438,976 HEALTHY START INFANT (231) 0.01 5 18 261 224 261 262 568 440 SCHOOL HEALTH (234) 12.36 0 522,473 206,261 176,750 206,261 206,182 356,621 438,833 COMPREHENSIVE ADULT HEALTH (237) 12.05 1,801 3,587 219,688 283,276 320,001 319,903 86,399 1,056,469 COMMUNITY HEALTH DEVELOPMENT (238) 0.93 0 111 22,127 18,961 22,127 22,119 85,334 0 DENTAL HEALTH (240) 25.24 8,306 18,839 333,436 394,302 448,490 448,345 44,300 1,580,273 PRIMARY CARE SUBTOTAL 103.40 35,197 671,584 1,954,752 1,893,329 2,177,319 2,176,550 2,646,828 5,555,122 C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programs COASTAL BEACH MONITORING (347) 0.15 218 219 3,256 2,790 3,256 3,254 10,987 1,569 LIMITED USE PUBLIC WATER SYSTEMS (357) 1.45 326 3,547 24,783 21,237 24,783 24,773 31,435 64,141 PUBLIC WATER SYSTEM (358) 0.00 0 0 42 36 42 42 0 162 PRIVATE WATER SYSTEM (359) 2.23 655 900 27,648 23,692 27,648 27,637 26,489 80,136 INDIVIDUAL SEWAGE DISP. (361) 2.80 694 1,297 47,298 40,530 47,298 47,279 143,345 39,060 Group Total 6.63 1,893 5,963 103,027 88,285 103,027 102,985 212,256 185,068 Facility Programs FOOD HYGIENE (348) 0.98 131 588 16,766 14,367 16,766 16,759 52,999 11,659 BODY PIERCING FACILITIES SERVICES (349) 0.02 3 4 528 452 528 527 1,370 665 GROUP CARE FACILITY (351) 0.75 180 297 11,623 9,960 11,623 11,617 24,128 20,695 MIGRANT LABOR CAMP (352) 0.02 0 0 393 337 393 393 0 1,516 0 U 14 161,836 0 N 462,261 M 837,521 N 81,289 C 3,735,619 r� 159,204 N 261,886 t 245,623 um 0 Q 492,970 817 123,812 4' E 6,562,838 __0 1,550,901 ; 252,380 1,420,054 E 84,288 Q 359,246 17 0 446,868 y 438,976 1,008 N o� 795,454 1,142,868 85,334 d 1,624,573 C 8,201,950 a w c d 12,556 95,576 M d 162 t 106,625 182,405 = 397,324 C d E 64,658 v 2,035 44,823 a 1,51E Version: 6 Page 1 of 2 Packet Pg. 189 C. ENVIRONMENTAL HEALTH: O U Facility Programs HOUSING,PUBLIC BLDG SAFETY,SANITATION (353)0.00 0 0 0 0 0 0 0 0 O N MOBILE HOME AND PARKS SERVICES (354) 0.24 39 135 4,915 4,212 4,915 4,912 16,442 2,512 18,954 SWIMMING POOLS/BATHING (360) 1.45 383 814 21,072 18,151 21,072 21,066 66,211 15,150 81,361 N BIOMEDICAL WASTE SERVICES (364) 0.04 250 329 6,232 5,340 6,232 6,230 19,168 4,866 24,034 "0- TANNING FACILITY SERVICES (369) 0.06 14 42 881 755 881 880 2,565 832 3,397 r� Group Total 3.56 1,000 2,209 62,410 53,574 62,410 62,384 182,883 57,895 240,778 y Groundwater Contamination t STORAGE TANK COMPLIANCE (355) 0.00 0 0 0 0 0 0 0 0 0 0 M SUPER ACT SERVICE (356) 0.17 133 230 2,890 2,477 2,890 2,889 9,177 1,969 Z 11,146 Q Group Total 0.17 133 230 2,890 2,477 2,890 2,889 9,177 1,969 O 11,146 _ Community Hygiene O TATTOO FACILITIES SERVICES 0.35 0 122 0 4,635 5,409 5,408 7,297 8,155 15,452 E COMMUNITY ENVIR. HEALTH (345) 0.00 0 0 0 0 0 0 0 0 0 C N INJURY PREVENTION (346) 0.00 0 0 0 0 0 0 0 0 0 E LEAD MONITORING SERVICES (350) 0.00 0 0 0 0 0 0 0 0 0 a PUBLIC SEWAGE (362) 0.00 0 0 0 0 0 0 0 0 0 a SOLID WASTE DISPOSAL (363) 0.00 0 0 0 0 0 0 0 0 0 E SANITARY NUISANCE (365) 0.08 3 8 0 794 927 926 1,939 708 2,647 M RABIES SURVEILLANCE/CONTROL SERVICES (366)0.04 1 12 0 1,310 1,529 1,527 3,866 500 4,366 4' ARBOVIRUS SURVEILLANCE (367) 0.00 0 0 0 0 0 0 0 0 0 RODENT/ARTHROPOD CONTROL (368) 0.00 0 0 0 0 0 0 0 0 0 0 d WATER POLLUTION (370) 0.00 0 0 0 0 0 0 0 0 0 INDOOR AIR (371) 0.03 0 5 0 542 632 632 1,409 397 1,806 N RADIOLOGICAL HEALTH (372) 0.00 0 0 0 0 0 0 0 0 0 r TOXIC SUBSTANCES (373) 0.00 0 0 0 0 0 0 0 0 0 Group Total 0.50 4 147 0 7,281 8,497 8,493 14,511 9,760 24,271 d ENVIRONMENTAL HEALTH SUBTOTAL 10.86 3,030 8,549 168,327 151,617 176,824 176,751 418,827 254,692 673,519 D. NON -OPERATIONAL COSTS: m E NON -OPERATIONAL COSTS (599) 0.00 0 0 0 0 0 0 0 0 O a ENVIRONMENTAL HEALTH SURCHARGE (399) 0.00 0 0 6,100 4,720 6,100 6,080 23,000 0 w 23,00E y MEDICAID BUYBACK (611) 0.00 0 0 0 0 0 0 0 0 C E NON -OPERATIONAL COSTS SUBTOTAL 0.00 0 0 6,100 4,720 6,100 6,080 23,000 0 23,00E d TOTAL CONTRACT 170.78 54,952 726,388 3,781,071 3,522,882 4,079,437 4,077,917 8,633,026 6,828,281 15,461,3W t d 2 C d E t t� R r Version: 6 Page 2 of 2 Packet Pg. 190 TO: 7.C.7 ITEM NO. (ID # 1996) DATE: 04/15/2014 E`'N&V AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY Board of County Commissioners Heather Young, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Florida Fish and Wildlife Conservation Commission - Amendment No. 1 to FY 2014 Contract BACKGROUND: The Florida Fish and Wildlife Conservation Commission has submitted Amendment No. 1 to Contract 12395 for the Harbor Branch Mangrove Marsh Restoration Project. The proposed amendment will revise the invoicing process to specify the invoice requirements and update the County contact as Sherry Burroughs. PREVIOUS ACTION: The Board of County Commissioners approved Contract 12395 with the Florida Fish and Wildlife Conservation Commission on February 19, 2013. FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures Heather Young, Asst. County Attorney 4/4/2014 ob entkofsky, Depu4YZ Administrato 7/2014 Packet Pg. 191 7.C.7.a FWC Contract No. 12395 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION 0 AMENDMENT NO. 1 TO CONTRACT 12395 v c.> This Amendment to Contract No. 12395 , referred to as the Original Contract, is entered into by U_ U. and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address o is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "FWC," and Board of County r Commissioners- St. Lucie County, 59-6000835, whose address is 2300 Virginia Avenue, Ft. Pierce, 6 Florida, 34982, hereinafter "Contractor", collectively, "Parties". .- In consideration of the mutual benefits set forth herein and in the Original Contract, the parties agree to amend the Original Contract, as follows, which amendments shall govern to the exclusion of any provision of the Original Contract to the contrary: Section 6. PAYMENTS, of the Original Contract, is hereby amended to read as follows: 6. PAYMENTS The COMMISSION shall pay the BOCC-SLC for satisfactory performance upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION'S Project Manager. The COMMISSION'S Project Manager will inspect specified phases of the project within 2 weeks of invoice submission. Sign -off of each of these phases shall be necessary prior to payment. When the COMMISSION's Project Manager has signed off on each deliverable associated with each phase, the COMMISSION will pay BOCC-SLC up to $200,000 for each phase completed for Phases I, II, and III. At the completion of Phase 4 and the completion of the project, BOCC-SLC will invoice the COMMISSION and receive payment for all work completed on Phase 4 and all costs for Phases I, II, and III greater than $200,000 for each phase. Total project payments for all phases (Phases I, II, III, IV) shall not exceed $999,403. A minimum of two invoices will be submitted for the project. The first invoice shall be submitted no later than June 1, 2014. Subsequent invoices shall be submitted no more frequently than quarterly and all remaining invoices will be submitted prior to January 1, 2016. See Attachment C for further invoice requirements. Each invoice shall include: • Invoice date • Contract number on invoice • Invoice number • Bill to name and address • Dates of service(s), beginning date to ending date • Specific tasks completed with cost details regarding dredged sediment volume, culverts installed and length/area of impoundment dyke restored • Description of item(s) • Vendor name • Vendor's remit address • Vendor's FEID number • Expenditures of the BOCC-SLC involved with the relevant phase of the project • Documentation of all BOCC-SLC non-federal in -kind expenditures for the project if they are incurred • All the pages of the invoice Page 1 of 3 Version 1, Revised 8/20/2013 Packet Pg. 192 7.C.7.a FWC Contract No. 12395 An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this CONTRACT shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. a. A final invoice shall be submitted to the COMMISSION no later than 30 days following the completion date of the CONTRACT or not later than January 1, 2016 to assure the availability of funds for payment. b. No travel expenses are authorized under the ternis of this CONTRACT. For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. d. Consequences for nonperformance. If the Contractor materially fails to comply with the terms and conditions of this Agreement, including any federal or state statutes, rules, or regulations applicable to this Agreement, the Commission may take one or more of the following actions, as appropriate for the circumstances: • Temporarily withhold cash payments pending correction of the deficiency by the Grantee. • Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. • Wholly or partly suspend or terminate this Agreement. • Take other remedies that may be legally available. • Notwithstanding the above, COMMISSION shall pay GRANTEE for all expenses, including but not limited to non -cancellable obligations, up to the date of termination. Attachment A- Scope of Work, Section Invoicing and Deliverables of the Original Contract, is hereby amended to read as follows: Invoicing and Deliverables (in Attachment A- Scope of Work) The BOCC-SLC will submit invoices upon completion of each phase. When the COMMISSION's Project Manager has signed off on each deliverable associated with each phase, the COMMISSION will pay BOCC-SLC up to $200,000 for each phase completed for Phases I, II, and III. At the completion of Phase 4 and the completion of the project, BOCC-SLC will invoice the COMMISSION and receive payment for all work completed on Phase 4 and all costs for Phases I, II, III greater than $200,000 for each phase. Total project payments for all phases (Phases I, II, III, IV) shall not exceed $999,403. A minimum of two invoices will be submitted for the project. The first invoice shall be submitted no later than June 1, 2014. Subsequent invoices shall be submitted no more frequently than quarterly and all remaining invoices will be submitted prior to January 1, 2016. Section 9. NOTICES of the Original Contract is hereby amended such that the name Jim David will be replaced with the name Sherry Burroughs as the contact for BOCC-SLC. All other contact information and the remainder of this section shall remain as currently written in the original contract. Page 2 of 3 Version 1, Revised 8/20/2013 Packet Pg. 193 7.C.7.a FWC Contract No. 12395 All provisions of the ORIGINAL CONTRACT not specifically amended herein shall remain in full force and effect. c 0 U IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Contract to be v executed through their duly authorized signatories on the day and year last written below. U- LL 0 BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE r ST. LUCIE COUNTY CONSERVATION COMMISSION o z r c a� E Name: Name: c E Title: Title: a .r m Date: Date: o APPROVED AS TO FORM AND CORRECTNESS COL NTY KTI ORNEI' ATTEST: DEPUTY CLERK Approved as to form and legality by FWC Attorney Name: Date: Page 3 of Version 1, Revised 8/20/2013 Packet Pg. 194 7.C.8 ITEM NO. (ID # 2040) 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 DATE: 04/15/2014 *CONSENT AGENDA\COUNTY ATTORNEY Fort Pierce FBO, LLC - Assignment and Assumption of Hubaire, LLC Hangar 3175 Sublease to Sierra Bravo Holdings, LLC As indicated in the attached Assignment and Assumption, Hubaire, LLC is proposing to assign its sublease for Hangar3175 to Sierra Bravo Holdings, LLC. Fort Pierce FBO, LLC has consented to the proposed assignment. The new sublease will continue to be bound by the terms of the existing FBO lease along with the sublease. A copy of a proposed Consent of St. Lucie County, as the master lessor, is also attached. Staff has reviewed the document and it appears to be in order as to legal form. PREVIOUS ACTION: FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the proposed Assignment and Assumption of the Hangar 3175 sublease from Hubaire, LLC to Sierra Bravo Holdings, LLC, and authorize the Chair to sign the Consent of St. Lucie County. COMMISSION ACTION: Coordination/Signatures /)PdA//4 anie 5. McIntyre, c my ttorney 4/14/2014 Packet Pg. 195 7.C.8.a ASSIGNMENT AND ASSUMPTION THIS ASSIGNMENT is made this .1-7 day of D_ , 2014, by and between HUBAIRE, LLC, a Florida limited liability company, hereinafter referred to as "Assignor" and SIERRA BRAVO HOLDINGS, LLC, a Florida limited liability company, "Assignee". RECITALS WHEREAS, Hubaire, LLC entered into a Ground Sublease as Sublessee with Air Charter of Florida Inc. d/b/a Jet Service Center, dated July 1, 2006 for certain lands at St. Lucie County Airport including Hangar 3175 with the address of 3175 Jet Center Terrace, at the St. Lucie County International Airport as described on Exhibit A attached hereto and incorporated by reference; and WHEREAS, St. Lucie County as Landlord and Air Charter of Florida, as lessor, entered into that certain Lease Agreement dated March 12 1992; and WHEREAS, St. Lucie County and Air Charter of Florida, as Lessor, entered into an Amended Lease Agreement on January 27', 2003; and WHEREAS, an Assignment and Assumption Agreement of Amended Lease Agreement was entered into and recorded, by and between, Air Charter of Florida (Assignor) , and Treasure Coast FBO LLC (Assignee), on May 21, 2008; and WHEREAS, an Assignment and Assumption Agreement of Amended Lease Agreement was entered into and recorded, by and between, Treasure Coast FBO LLC (Assignor), and Fort Pierce FBO LLC (Assignee), on January 18, 2011. WHEREAS, HUBAIRE, LLC (ASSIGNOR) desires to assign, transfer and convey unto SIERRA BRAVO HOLDINGS, LLC (ASSIGNEE), all of their right, title interest and claim in and to Ground Sublease of Sublessee assigned, transferred and conveyed unto it and in the demised premises therein described; and WHEREAS, the Master Lease between Fort Pierce FBO LLC, as Lessee, and ST. LUCIE COUNTY, successor in interest to St. Lucie County Port and Airport Authority, as Lessor, requires Lessee and Lessor to consent to assignment. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that HUBAIRE, Assignors, for and in consideration of the sum of FIFTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($57,500.00) and other good and valuable considerations, the receipt and sufficiency thereof is acknowledged, subject to consent of St. Lucie County, by the Board of County Commissioners and Fort Pierce FBO, LLC; Packet Pg. 196 7.C.8.a Does hereby transfer, convey and assign unto ASSIGNEE all of its estate, right, title, claim and interest as Sublessee in and to that certain Sublease Agreement between it and Fort Pierce FBO, LLC, as successor in interest of Air Charter of Florida, Inc. to SIERRA BRAVO HOLDINGS, LLC, subject to all of the terms, conditions and provisions thereof and the Master Lease between Air Charter of Florida, Inc., as Lessee and ST. LUCIE COUNTY, formerly acting by and through the St. Lucie County Port & Airport Authority, as Lessor dated March 12, 1992, and Amended Lease Agreement dated January 27, 2003. 0) 0101)0� Witness: Witness: Witness: Witness: Assignor. HUBAIRE, LLC By:---�� 0- JonathonHuber, Manager Assignee: SIERRA BRAVO HOLDINGS, LLC Glenn M. Blake, Manager Packet Pg. 197 7.C.8.a Does hereby transfer, convey and assign unto ASSIGNEE all of its estate, right, title, claim and interest as Sublessee in and to that certain Sublease Agreement between it and Fort Pierce FBO, LLC, as successor in interest of Air Charter of Florida, Inc. to SIERRA BRAVO HOLDINGS, LLC, subject to all of the terms, conditions and provisions thereof and the Master Lease between Air Charter of Florida, Inc., as Lessee and ST. LUCIE COUNTY, formerly acting by and through the St. Lucie County Port & Airport Authority, as Lessor dated March 12, 1992, and Amended Lease Agreement dated January 27, 2003. Assignor: HUBAIRE, LLC U-3 Witness: Witness: Jonathan Huber, Manager Assignee: x SIERRA BRAVO HOLDINGS, LLC c 9. ZL- - By: ss: i L E. Gor�.o,, Glenn M. Blake, Manager c a� N _ Q ess: L T�trr3 S o v 0 N Packet Pg. 198 7.C.8.a 0®W Jet Center Fort Pierce 1 2982 Curtis King Blvd I Fort Pierce, FL 34946 1 800-446-7830 1 Consent of Ground Lessor Fort Pierce FBO, LLC, successor in interest to AIR CHARTER OF FLORIDA d/b/a Jet Center, lessor named it Ground Sublease, consents to the assignment of the sublease of Hubaire, LLC (Assignor), to Sierra Bravc Holdings, LLC, a Florida limited liability company (SubLessee), with the following modifications and agreements: As to paragraph XVIII of both ground subleases, dated December 1, 2006, by and between Air Charter of Florida and Hubaire, LLC, the following addendum to respective sublease minimum insurancE requirements: -the required General Liability Coverage amount is $1,000,000 per incident, $2,000,000 aggregate for any commercial operation on the field, as per St. Lucie County's published Airport Minimum Standards Insurance Requirements -the County (St. Lucie), must be named as Additional Insured, per same regulations. 2. SubLessee agrees to paragraph XXXIII of both ground subleases, as described, under (1.) above, with the following additional requirements related to 'non -compete covenant': -Sublessee agrees that any agreement for commercial hangar storage by and between Sublessee and a third = party, requires the consent of landlord, and a county approved lease by and between the Sublessee and ° third party. Sublessee further agrees to not engage in offering hangar storage to any current tenant of Fort Pierce FBO, LLC. E c a� 3. SubLessee acknowledges that St. Lucie County has a Stormwater Permit in place and that Lessor's leased vu', ground falls under this permit. SubLessee agrees to open any facility on leased subground for the purpose a of the annual inspection conducted by St. Lucie County as required under its permit obligations. SubLessee further agrees to abide by the Stormwater Permit's Best Management Practices and requirements to monitor any potential pollutants, deriving from SubGround Lessee's property, and clean up/dispose any = pollutant spills. m 4. Sublessee acknowledges that St. Lucie County has adopted 'Minimum Standards & Regulations', on December 4, 2007. Sublessee agrees to abide by the current Standards and Regulations. 5. Sublessee agrees to file for a Commercial Operating Permit, if so required by St. Lucie County. In consideration of this Consent, Sublessee has presented the use of premises to be Aeronautical in nature, specifically - �'v.� %� H /l ,y'1 R Dated: the ZVday of February, 2014 Fort P erce FBO, LLC By: Christoph ambleton Vice esident of Operations Fort Pierce, FL (FPR) Manassas, VA (HEF) Sarasota,FL (SRQ) Hayward, CA (HWD) Packet Pg. 199 7.C.8.a CONSENT OF ST. LUCIE COUNTY St. Lucie County, as Lessor under the Master Lease, does hereby consent to the assignment of the above Sublease by Hubaire, LLC ("Assignors") to Sierra Bravo Holdings, LLC ("Assignees"). St. Lucie County further consents to the agreement by Assignee to assume, on and after , the payment of rent and performance of all duties and obligations as set forth in the Sublease, Master Lease and any addenda. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 200 7.C.9 ITEM NO. RES-2014-53 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: 04/15/2014 *CONSENT AGENDA\COUNTY ATTORNEY Resolution 2014-53 - Amending Resolution 12-047, Facility Use Policy On October 25, 2009, the County entered into an Interlocal Agreement for operation of Lawnwood Stadium and South County Regional Stadium as amended on July 20, 2010, with the St. Lucie County School Board; and On January 19th, 2010, the County entered into an Amended and Restated Recreation Facilities Mutual Use Agreement , hereinafter "Mutual Use", with the St. Lucie County School Board; and On November 1, 2011, the Board of County Commissioners approved Resolution 11-169 amending the Facility Use Policy to include recreational facilities; and On April 4, 2012, the Board of County Commissioners approved Resolution 12-047 amending the St. Lucie County Facility Use Policy; and The use of County facilities, especially after business hours, impacts costs related to utilities, equipment, housekeeping, and security, as well as staffing costs and workload; and The Havert L. Fenn Center and the St. Lucie County Fairgrounds have the potential to offset operating costs through rentals to local groups and citizens and to stimulate the local economy as venues for attracting events from outside the Treasure Coast; and The Mutual Use Agreements between the St. Lucie County School Board and the County set forth the parameters for the County and the School to use each others facilities. This amendment to Resolution 12-047 Facility Use Policy will clarify the St. Lucie County School Board's usage of county facilities will be in compliance with the mutual use approved on January 19, 2010. PREVIOUS ACTION: On April 3, 2012, the Board of County Commissioners adopted Resolution 12-047 establishing the St. Lucie County Facility Use Policy. Packet Pg. 201 7.C.9 FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Resolution and authorize the Chair to sign the Resolution as prepared by the County Attorney's Office. COMMISSION ACTION: Coordination/Signatures updated: 4/7/2014 11:00 AM by Susan Bellamy Page 2 Packet Pg. 202 7.C.9.a RESOLUTION 14-XXX A RESOLUTION AMENDING RESOLUTION NO. 12-047 APPROWNG WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 28, 2008, the Board of County Commissioners approved Resolution No. 08-321 adopting a uniform policy for use of non -recreational County facilities by governmental agencies, non-profit organizations or other groups; and 2. On October 25, 2009, the County entered into an Interlocal Agreement for operation of Lawnwood Stadium and South County Regional Stadium as amended on July 20, 2010, with the St. Lucie County School Board; and 3. On January 191", 2010, the County entered into an Amended and Restated Recreation Facilities Mutual Use Agreement, hereinafter "Mutual Use", with the St. Lucie County School Board; and 4. On November 1, 2011, the Board of County Commissioners approved Resolution 11-169 amending the Facility Use Policy to include recreational facilities; and 5. On April 4, 2012, the Board of County Commissioners approved Resolution 12-047 amending the St. Lucie County Facility Use Policy; and c 6. The use of County facilities, especially after business hours, impacts costs related to utilities, equipment, housekeeping, and security, as well as staffing costs and workload; and E a 7. The Havert L. Fenn Center and the St. Lucie County Fairgrounds have the potential a to offset operating costs through rentals to local groups and citizens and to t stimulate the local economy as venues for attracting events from outside the r Treasure Coast; and Q 8. The Mutual Use Agreements between the St. Lucie County School Board and the County set forth the parameters for the County and the School to use each others facilities; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Packet Pg. 203 7.C.9.a 1. Resolutions No. 11-169, 08-321, 08-346, 07-222, 07-303, 07-304, 06-019, 06-020, 02-004, 01-304 , 00-083, 96-236, 12-047 are repealed. 2. The amended St. Lucie County Facility Use Policy is approved. 3. This resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows: Chair Frannie Hutchinson Vice -Chair Paula Lewis Commissioner Chris Dzadovsky Commissioner Tod Mowery Commissioner Kim Johnson PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk day of , 201. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA i 3's Chair APPROVED ASTO FORM AND CORRECTNESS: BY: County Attorney a Packet Pg. 204 7.C.9.a 1 2 3. E 5. Exhibit A — Resolution 14-000 St. Lucie County Amended Facility Use Policy A. FACILITY USE REQUIREMENTS The Board of County Commissioners (BOCC), its members, County Departments or programs, BOCC advisory committees and Constitutional Officers have priority for use of County facilities, including recreational facilities, for County business. Written procedures for facility use, consistent with this policy, shall be established by the County Administrator or designee. The County reserves the right to impose any additional regulations or procedures, whether or not expressly provided herein, which may be in the best interest of the County and operation of its facilities and to deny use of a facility when the proposed use of the space is not appropriate for the facility or does not comply with these polices or procedures. Any organization or individual denied use of a facility may appeal the denial to the County Administrator in writing within 10 business days of the denial. a. The County Administrator will render a decision on the appeal in writing within 5 business days. b. If the denial is upheld by the County Administrator, the organization or individual may appeal to the BOCC within 5 business days of the County Administrator's denial. Such appeal must be in writing and outline the basis for the appeal. C. The appeal will be placed on an agenda for a regularly scheduled meeting of the BOCC within 14 business days of receipt of the appeal. d. Organizations and individuals may not appeal fees, other charges or policies and procedures. Permission for use of a County facility does not imply County endorsement of the views, opinions, policies or activities of groups or organizations using the facility. Any announcement or publicity implying such endorsement is prohibited. The County is not responsible for the accuracy, use or consequence of statements made during use of a facility. Nonprofit organizations, for -profit corporations and individuals are required to provide a certificate of insurance naming St. Lucie County BOCC as an additional insured for coverage and limits specified by Risk Management, in consultation with the County Attorney. ti Iq 0 N r c �a c CD E a E U M r r a Packet Pg. 205 7.C.9.a R 7 1. a. Insurance requirements may be waived for private meetings and events at which no alcoholic beverages will be served and with an expected total attendance of 40 people or less. b. Insurance requirements for catering, concessions and serving alcoholic beverages may not be waived. All organizations and individuals using a County facility shall execute a facility use agreement or contract approved by the County Attorney. The County Administrator or designee(s) is authorized to execute facility use agreements/contracts that are consistent with this Policy. Any activity in a County facility will be conducted according to applicable laws, rules, regulations and ordinances. Any individual or organization which fails to comply with the laws, rules, regulations, ordinances, County policies and procedures and/or terms of the facility use agreement or contract, including required payments when due, may be prohibited from using County facilities for a period of time in the future at the discretion of the County Administrator. The County Administrator's decision maybe appealed to the Board of County Commissioners per Paragraph 3 of this Policy. Alcoholic beverages may be served at events, contingent upon the applicant receiving approval of the County Administrator or designee and payment of an additional fee or as required by a contract between the County and a vendor. The applicant must provide copies of all required permits prior to the event and must meet insurance requirements as specified by Risk Management and the County Attorney. a. Persons must be at least 21 years of age to possess or consume alcohol and identification must be checked as required by law. b. The County assumes no responsibility for the improper orillegaIserving ofalcoholic beverages during use of a County facility. Additional staffing or security may also be required. C. The County Administrator's decision may be appealed to the Board of County Commissioners per paragraph 3 of this policy. B. FACILITY USE FEES Awritten facility use fee schedule, including but not limited to, additional charges for staff, supplies, equipment and deposits, will be established by the County Administrator or designee. Fees for facility use shall be based on a comparison of rates charged for similar ti Iq 0 N r c �a c CD E a c a� E U M r r a Packet Pg. 206 7.C.9.a facilities by other local governmental entities. Fees should offset the operational costs incurred by the County in providing use of the facilities. 2. Even if the facility use fee is waived or reduced, the user is responsible for paying County expenses for facility use, including but not limited to, staff, contract labor, security personnel, equipment and supplies. If staff is required to be present for more than one hour during normal business hours, staff charges shall be paid by the user. 3. Except as noted, St. Lucie County nonprofit and local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) will receive a 50% reduction of the facility use fee paid by for -profit organizations for use of non -recreational facilities. 4. Except as noted, St. Lucie County nonprofit and local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) will receive a 25% reduction of the facility use fee paid by for -profit organizations for recreational facilities. As determined by the County Administrator, these facilities include, but are not limited to, Digital Domain, South County and Lawnwood stadiums, community centers and pools. 5. The Havert L. Fenn Center and the St. Lucie County Fairgrounds are designated venues of the BOCC, intended to stimulate the local economy by attracting large events and/or users from beyond the Treasure Coast. a. Use of these facilities by local governmental organizations should bejudicious and flexible. b. The following organizations will receive a 25% discount on the facility use fee paid by for -profit organizations: i. Active nonprofit organizations which have received tax exemption under Section 501(c)(3) or other section of the Internal Revenue Service (IRS) Code which allows donations to the organization to be tax deductible as charitable donations; and ii. Local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010.) 6. No facility use fees will be charged to Designated Youth Sports Providers for use of County athletic fields for practices and games. a. A Designated Youth Sports Provider shall meet the following criteria: ti Iq 0 N r c �a c as E a c a� M U a r r a Packet Pg. 207 7.C.9.a 7 FV i. Active status as anon profit organization located in St. Lucie County per the Florida Department of State, Division of Corporations. ii. Compliance with the rules and guidelines of a nationally -recognized youth sports organization such as Little League Baseball and Softball, Inc., Pop Warner Little Scholars, Inc. or American Youth Football, Inc. iii. Inclusive approach for all youth who meet basic age, health and related requirements. Try -outs are not a requirement and/or participants are not limited, selected or recruited based on higher levels of skill. Travel teams are typically not Designated Youth Sports Providers. iv. Documentation is provided that coaches and assistant coaches are trained volunteers who have been cleared by a background screening against state and federal sexual offender and sexual predator registries in compliance with FS 943.0438, as it may be amended. b. Additional criteria may be imposed by the County Administrator to ensure that Youth Sports Providers comply with requirements of local, state and national laws and regulations and to ensure that the intent of the Board in designating Youth Sports Providers is met. C. Youth Sports Providers will execute and maintain current facility use agreements with the County. d. If staff is requested or required to be present for games or practices for more than an hour during work hours, additional charges will apply. Additional charges will also apply for tournaments and other special events, including lighting. With the approval of the County Administrator or designee, facility use fees may be waived or reduced for: a. Organizations executing a written partnership agreement with the County to provide needed or desired services and/or contributions in lieu of the facility use fee. The estimated value of such services or other contributions shall be similar to the value of fees being waived or reduced. A partnership agreement may not be used in lieu of payment for staff or equipment charges associated with any use. b. The Treasure Coast Sports Commission and other organizations providing major events which generate or can reasonably be expected to generate a minimum of 200 hotel room nights and/or $300,000 of economic impact. Negotiated terms should be in relative proportion to the expected local economic impact and/or hotel room nights. Facility use fees may be waived by the Board of County Commissioners for: ti Iq 0 N r tM c �a c m E a c a� E M U a r r a Packet Pg. 208 7.C.9.a I:] 10 11 a. A program or event which will provide services which are a public benefit and are available to all citizens of St. Lucie County. The program or event must be provided by a St. Lucie County nonprofit organization which has received tax exemption under Section 501(c)(3) of the IRS Code or other section of the IRS Code which allows donations to the organization to be tax deductible as charitable donations; b. A program or event sponsored by a local governmental agency (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) which will provide services which are a public benefit and which are available to all citizens of St. Lucie County; or C. A program or event which is a fundraiser for an organization which provides services which are available to all citizens of St. Lucie County and which are a public benefit. d. Fees for staff, supplies and equipment may not be waived. e. Organizations seeking a waiver of the facility use fee by the Board of County Commissioners must contact the appropriate Department Director as soon as possible for a determination of eligibility. If the Director determines the organization is eligible for a waiver of the facility use fee, the Director will place the request on the agenda for a regularly -scheduled Board meeting. Fees for equipment that are part of a facility use agreement may not be waived. Lending of County equipment and supplies is also prohibited except as noted below: a. The County may lend equipment to local governmental entities, with the exception of the MSM3600 Showmaster Mobile Sound Shell Stage for which the rental fee must be paid by all entities and individuals, including local governments. b. The County Administrator may approve the lending of equipment to organizations (nonprofit or for -profit) if needed to protect public health, safety and welfare during an emergency. Revenue generated by facility use fees will be credited to the Department managing the facility and incurring the expenses. r Q To be eligible for reduced rates, it is the responsibility of each organization to provide timely documentation of nonprofit, 501(c)(3) or other eligible IRS status. Groups which cannot provide such documentation must pay applicable fees. The fee reduction does not apply to staff, equipment, supplies or deposits. Packet Pg. 209 7.C.9.a C:\Users\phelank\AppData\Local\Tem p\M inuteTraq\stluciefl @stluciefl.IQM2.com\Work\Attachments\3018.wpd Cl) LO 4 O N Ch w ti O N_ O) C C N E a E m a Packet Pg. 210 7.D.1 ITEM NO. RES-2014-55 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 04/15/2014 *CONSENT AGENDA\COMMUNITY SERVICES Stefanie Myers, Resident Support Services Manager Resident Support Services Division Resolution 2014-55 - Federal Transit Administration (FTA) Stimulus Grant In 2009, FTA awarded American Reinvestment and Recovery Act funding to the Port St. Lucie Urbanized Area (LIZA) in the amount of $3.1 million for use in capital projects. As a part of the Governor's apportionment formula, these funds were split 38/62 percent between Martin and St. Lucie County, respectively. With the $1,957,183 allocation received by St. Lucie, the County was able to complete the construction of the Fort Pierce Intermodal Transit Facility (ITF). The primary facility has been completed and the project was due to close out September 30, 2013. The County was notified following that date that these funds were extended through September 30, 2015. Funds remain available for additional projects at the facility and for sites along the fixed route. To permit the funds to be expended, a budget must be reestablished. PREVIOUS ACTION: March 10, 2009 - Approved application for grant (Resolution 09-083) September 8, 2009 - Accepted grant and budget resolution (09-264). FINANCIAL IMPACT: Due to the expected close out of this grant, it was not included in the FY14 approved budget. The deadline was extended to September 30, 2015 and the funds need to be re -budgeted for 130102-4910- 331421-094602. RECOMMENDATION: Board approval of the budget resolution and authorization for the Chair to sign all necessary documents. COMMISSION ACTION: Packet Pg. 211 7.D.1 Coordination/Signatures 6;y2�Comm der, nity Services Dir r 4/3/2014 Danie S. McIntyre, C my ttorney 4/14/2014 Updated: 4/7/2014 8:59 AM by Kelly Phelan Page 2 Packet Pg. 212 7.D.1.a AGENDA REQUEST ITEM NO: VI-J1 DATE: March 10, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DEPT: Community Services PRESENTED BY: Corine C. Williams, Transit Manager SUBJECT: Approval to submit an application for the Federal Transit Administration (FTA) U. S. C. 5307 Economic Stimulus grant program and Resolution No. 09-083. BACKGROUND: See attached Memo No. 09-149. FUNDS AVAILABLE: This grant does not require a local match. PREVIOUS ACTION: N/A. RECOMMENDATION: Approval to apply for FTA 5307 grants funds, adopt Resolution No. 09-083; authorize the Chair to sign all necessary documents. COMMISSION ACTION: CONCURRENCE: (kj APPROVED [ j DENIED [ ] OTHER Approved 5-0 County Attorney: x Daniel S. McIntyre/ /J Originating Department: x Beth Ryder �1 Faye W. Outlaw, MPA County Administrator Coordination/Signs ure Management & Budget x Purchasing: Marie Gouin/ Sophia Holt Other: Other: Packet Pg. 213 7.D.1.a , Or COUNTY F L 0 R 1 D A COMMUNITY SERVICES MEMORANDUM #09-149 TO: Board of County Commissioners FROM: Corine C. Williams, Transit Manager xc_� SUBJECT: Approval to apply for the Federal Transit Administration (FTA) U.S.0 5307 Economic Stimulus grant program, adopt Resolution No. 09-083; and in the amount of $1,957,183 DATE: March 10, 2009 Each year since FY 1992/93, St. Lucie County has applied for grant funding from the Federal Transit Administration (FTA) 5307 to fund operating and capital costs for the contracted transportation services provided by St. Lucie County, Council on Aging/Community Transit. This year, a special authorization was announced by the Federal Transit Administration through which the Port St. Lucie Urbanized Area (UZA), which comprises of Martin and St. Lucie County, has been awarded $3.1 million for capital projects. As a part of the Governor's apportionment formula, these funds are required to be split 38/62 percent between each county; of which $1,957,183 will be allocated to St. Lucie County. These Economic Stimulus grant funds are to be dedicated solely to capital projects and do not require a local match. Staff will be exploring the possibilities of using these funds for the Intermodal Transfer Center, which is a capital project. In addition, staff will provide a supplemental list of program of projects if additional funds are made available through Federal Transit Administration or in the event other designated recipients are unable to obligate their projects/funds within the one hundred and eighty (180) days. Staff Recommendation: Approval to apply for the Federal Transit Administration U.S.0 5307 Economic Stimulus grant, in the amount of $1,957,183; approval of Resolution No. 09-083; and authorize the Chair to sign all necessary documents. Packet Pg. 214 7.D.1.a RESOLUTION NO. 09-083 A RESOLUTION AUTHORIZING THE SUBMISSION OF A 49 U.S.C. SECTION 5307 GRANT APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION FOR AN ECONOMIC STIMULUS GRANT UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACTI (ARRA), AND AUTHORIZING THE ST. LUCIE COUNTY COMMUNITY SERVICES DIRECTOR TO ELECTRONICALLY FILE THE GRANT APPLICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board is authorized to file applications for transit related grants to the Federal Transit Administration and the Florida Department of Transportation. 2. This Board is authorized to provide public transit services for St. Lucie County under State and Federal Law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: 1. This Board hereby authorizes the submission of a 49 U.S. C. Section 5307 Grant Application with the Federal Transit Administration under the American Recovery and Reinvestment Act (ARRA) for an Economic Stimulus Grant. 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application and any subsequent award agreement on behalf of the Board. 3. This Board further authorizes the St. Lucie County Community Services Director to execute any and all documents including, but not limited to, the application, modified list of proposed projects, agreements, assurances, reimbursement invoices, warranties and other documents on behalf of the Board and its Chairman, which may be required by the Federal Transit Administration and/or the Florida Department of Transportation. 4. The Board will be advised of all actions taken on the 2009 Federal Stimulus Bill known as the American Recovery and Reinvestment Act (ARRA) which contains stringent time frames for selection, prioritization and programming of transit funds set forth in the legislation for the use of the economic stimulus funds, 5. This resolution shall become effective on adoption. Packet Pg. 215 7.D.1.a After motion and second, the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzodovsky XXX PASSED AND DULY ADOPTED this loth day of March, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Packet Pg. 216 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! 7.D.1.b Packet Pg. 217 Page 1 of 9 7.D.1.c DOT U.S. Department of Transportation Application FTA Federal Transit Administration Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Project ID: SLC 5307 FY13 Budget Number: 1 - Budget Pending Approval Project Information: Cap. (<30- Bus, A Mnt), Op, & P Adm Part 1: Recipient Information Project Number: SLC 5307 FY13 Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Address: Community Services 2300 Virginia Avenue, FT PIERCE, FL 34982 5632 Telephone: (772) 462-1777 Facsimile: (772) 462-1703 Union Information Recipient ID: 1024 Union Name: NONE Address 1: N/A Address 2: City: N/A, 00000 0000 Contact Name: N/A N/A Telephone: Facsimile: E-mail: Website: Part 2: Project Information Project Type: Grant Gross Project Project Number: SLC 5307 FY13 Cost: $2,476,778 Cap. (<30' Bus, A Mnt), Op, & Adjustment Amt: $0 Project Description: P Adm Total Eligible Cost: $2,476,778 Packet Pg. 218 3/24/2014 Page 2 of 9 7.D.1.c Recipient Type: FTA Project Mgr: Recipient Contact: New/Amendment: Amend Reason: Fed Dom Asst. #: Sec. of Statute: State Appl. ID: Start/End Date: Recvd. By State: EO 12372 Rev: Review Date: Planning Grant?: Program Date (STI P/U PW P/FTA Prm Plan): Program Page: Application Type: County Agency Christopher White, 404/865- 5619 Beth Ryder, 772/462-1777 New Initial Application 20507 5307-2A FM:4134941 Jul. 01, 2014 - Sep. 30, 2018 Not Applicable None Specified NO Jul. 24, 2013 815 Electronic Supp. Agreement?: I No Debt. Delinq. Details: Urbanized Areas UZA ID I UZA Name 123280 PORT ST. LUCIE, FL Conaressional Districts State ID District Code District Official 12 118 1 Patrick Murphy Project Details Total FTA Amt: Total State Amt: Total Local Amt: Other Federal Amt: Special Cond Amt: Special Condition S.C. Tgt. Date: S.C. Eff. Date: Est. Oblig Date: Pre -Award Authority?: Fed. Debt Authority?: Final Budget?: None Specified None Specified None Specified None Specified Yes No No $1,946,369 $0 $530,409 $0 $0 This section 5307 grant application for FFY 13 is for Capital and Operating Assistance. The capital assistance will include, but not be limited to: vehicles, purchase of necessary items (parts, tires and batteries) for Fleet maintenance/preventive maintenance, acquisition of surveillance/security and communications equipment (cameras, radios, computer hardware/software), bus shelters, evaluate and perform studies to determinesuitability of County owned site for an administratic building and garage and project administration. The total project amount for capital assistance is $1,769,943, of which $1,415,954 is the Federal amount which will be matchec with toll revenue credits in the amount of $353,989. The total project amount for operating assistance is $1,060,818 of which $530,409 is the Federal amount and will be matched with local funds of $530,409, which will come from sources including, but not limited to, the St Lucie County Public Transit Municipal Services Taxing Unit, Council on Aging of St Lucie, Inc and other sources as may be available. Packet Pg. 219 3/24/2014 Page 3 of 9 7.D.1.c We do wish to request pre -award authority. The operating period is estimated to begin 7/1/2014 and extend through 9/30/18. Earmarks No information found. Security Yes — We will expend 1 % or more of the 5307 funds in this grant application for security purposes. Please list securil related projects in the project budget and summarize them in the non -add scope code 991. Part 3: Budget Pro'ect Bud et Quantity FTA Amount Tot. Elig. Cost SCOPE 111-00 BUS - ROLLING STOCK 1 $520,000.00 $520,000.00 ACTIVITY 11.12.40 BUY ASSOC CAP MAINT 0 $120,000.00 $120,000.00 ITEMS 11.13.04 BUY <30-FT BUS FOR 1 $400,000.00 $400,000.00 EXPANSION SCOPE 114-00 BUS: SUPPORT EQUIP AND 18 $50,000.00 $50,000.00 FACILITIES ACTIVITY 0 $30,000.00 $30,000.00 11.42.07 ACQUIRE - ADP HARDWARE 11.42.09 ACQUIRE - MOBILE 18 $20,000.00 $20,000.00 SURV/SECURITY EQUIP SCOPE 116-00 SIGNAL & COMM EQUIPMENT 2 $5,000.00 $5,000.00 (BUS) ACTIVITY 11.62.03 PURCHASE RADIOS 2 $5,000.00 $5,000.00 SCOPE 117-00 OTHER CAPITAL ITEMS (BUS) 1 1 $528,943.00 $528,943.00 ACTIVITY 11.79.00 PROJECT 0 $100,000.00 $100,000.00 ADMINISTRATION 11.7A.00 PREVENTIVE 0 $400,000.00 $400,000.00 MAINTENANCE 11.7K.04 SECURITY TRAINING 1 $28,943.001 $28,943.00 SCOPE Packet Pg. 220 3/24/2014 Page 4 of 9 7.D.1.c 119-00 Bus Associated Transit Improvements ACTIVITY 0 $19,464.00 $19,464.00 11.92.02 PURCHASE BUS SHELTERS SCOPE 0 $19,464.00 $19,464.00 140-00 NEW START 0 $292,553.00 $292,553.00 ACTIVITY 14.04.40 SITEWORK & SPECIAL CONDITIONS SCOPE 0 $292,553.00 $292,553.00 300-00 OPERATING ASSISTANCE 0 $530,409.00 $1,060,818.00 ACTIVITY 30.09.01 UP TO 50% FEDERAL SHARE I01 $530,409.00 $1,060,818.00 Estimated Total Eligible Cost:1 $2,476,7711.001 Federal Share: $1,946,369.00 Local Share: 1 $530,409.00 OTHER (Scopes and Activities not included in Project Budget Totals) None No Amendment Funding Source information is available for the selected project Alternative Fuel Codes 11.13.04 BUY <30-FT BUS FOR EXPANSION Extended Budget Descriptions Diesel Fuel 11.12.40 J BUY ASSOC CAP MAINT ITEMS 0 $120,000.00 $120,000. Purchase — Assoc Capital Maint. items Purchase tires and batteries for fleet on an as needed basis. The total federal share of the proposed capital program of project is $120,000 which will be matched by toll revenue credits in the amount of $30,000 11.13.04 1 BUY <30-FT BUS FOR EXPANSION TI ' ii $400,000.00 $400,000. Purchase — <30' Bus for expansion of a new fixed route. The total federal share of the proposed capital program of project is $400,000 which will be matched with toll revenue credits in the amount of $100,000 11.42.07 1 ACQUIRE - ADP HARDWARE 01 $30,000.001 $30,000-,-- I Packet Pg. 221 3/24/2014 Page 5 of 9 7.D.1.c Purchase — ADP Hardware to upgrade system as needed. The total federal share of the proposed capital program of project is $30,000 which will be matched with toll revenue credits in the amount of $7,500 111.42.09 1ACQUIRE - MOBILE SURV/SECURITY EQUIP 18 $20,000.00 $20,000. Purchase 18 side and back cameras for the buses. The total federal share of the proposed capital program of project is $20,00 which will be matched with toll revenue credits in the amount of $5,000 1 11.62.03 1 PURCHASE RADIOS 2 $5,000.00 1 $5,000. Purchase 2 replacement radios as needed. The total federal share of the proposed capital program of project is $5,000 which will be matched with toll revenue credits in the amount of $1,250 11.79.00 1 PROJECT ADMINISTRATION 01 $100,000.001 $100,000. Project Administration to be used by St. Lucie County for staff salaries/benefits for project oversight and reporting activities is estimated at $50,000 for period 07/01/2014 to 09/30/2015 and $50,000 for 10/01/2015 to 09/30/2016; will be matched with Toll Revenue credits in the amount of $25,000. 11.7A.00 I PREVENTIVE MAINTENANCE 01 $400,000.00 1 $400,000. Purchase on an as needed basis to maintain the vehicle fleet, Trapeze and AVL software maintenance. The total federal share of the proposed capital program is $400,000 which will be matched with toll revenue credits in the amount of $100,000. The timeframe/ expenditure for preventive maintenance is estimated at $200,000 for the period of 07/01/2014 through 09/30/2015 and $200,000 for 10/01/2015 through 09/30/2016. No single item is expected to exceed $5,000. 1 11.7K.04 I SECURITY TRAINING 1 $28,943.00 $28,943. Purchase a simulator or wheelchair securement area to enhance driver training. The total federal share of the proposed capital program is $28,943 which will be matched with toll revenue credits in the amount of $7,236. 11.92.02 1 PURCHASE BUS SHELTERS 01 $19,464.001 $19,464. Purchase one bus shelter for the fixed route system located in St. Lucie County. The shelters are of aluminum construction and bolted into concrete pads; estimated cost of each shelter, not including pad and installation is $7,000; the balance of the funds ($5,464) is for materials and labor for installation. The useful life of the shelters i 20 years. The total federal share for the proposed capital program of project is $19,464 which will be matched with toll revenue credits in the amount of $4,866. 1 14.04.40 1 SITEWORK & SPECIAL CONDITIONS 11 01 $292,553.00 $292,553.1 Packet Pg. 222 3/24/2014 Page 6 of 9 7.D.1.c Evaluate and perform the necessary studies to see if the land is suitable for an administration building and garage. The total federal share of the proposed capital program of project is $292,643 which will be matched with toll revenue credits in the amount of $73,138 UP TO 50% FEDERAL SHARE OI $530,409.001 $1,060,818. IOperating assistance to offset expenses for fixed route and para-transit is for the period 07/01/14 to 09/30/2015. Changes since the Prior Budget No information found. Part 4. Milestones 11.12.40 BUY ASSOC CAP MAINT ITEMS Milestone Description 1. First Expenditure 2. Final Expenditure 11.13.04 BUY <30-FT BUS FOR EXPANSION Milestone Description 1. RFP/IFB OUT FOR BID 2. CONTRACT AWARDED 3.1 FIRST VEHICLE DELIVERED 4. IALL VEHICLES DELIVERED 5.1 CONTRACT COMPLETE 11.42.07 ACQUIRE -ADP HARDWARE Milestone Description 1. 1 First Expenditure 2. 1 Final Expenditure 11.42.09 ACQUIRE - MOBILE SURV/SECURITY EQUIP Milestone Description 1. First Expenditure 2. Final Expenditure 0 $120,000 $120,000 1 0 W. Est. Comp. Date Sep. 30, 2014 Sep. 30, 2018 $400,000 $400,000 Est. Comp. Date Oct. 01, 2014 Dec. 31, 2014 Jan. 31, 2016 Jan. 31, 2016 Mar. 31, 2016 $30,000 $30,000 Est. Comp. Date Sep. 30, 2014 Sep. 30, 2018 $20,000 $20,000 Est. Comp. Date Sep. 30, 2014 Sep. 30, 2018 Packet Pg. 223 3/24/2014 Page 7 of 9 7.D.1.c 11.62.03 PURCHASE RADIOS 11.79.00 PROJECT ADMINISTRATION Milestone Description 1. First Expenditure 2. Final Expenditure 119-00 Bus Associated Transit Improvements Milestone Description 1. RFP/IFB Issued 2. Contract Award 3. Contract Complete 140-00 NEW START Milestone Description 1. RFP/IFB Issued- 2. Contract Award 3. Contract Complete 30.09.01 UP TO 50% FEDERAL SHARE Milestone Description Final Expenditure Part 5. Environmental Findings 111240 BUY ASSOC CAP MAINT ITEMS 0 Finding No. 1 - Class ll(c) C07 - Acquisition, maintenance of vehicles / equipment 2 $5,000 $5,000 0 $100,000 $100,000 Est. Comp. Date Sep. 30, 2014 Sep. 30, 2018 0 $19,464 $19,464 Est. Comp. Date Oct. 01, 2015 Dec. 31, 2015 Dec. 31, 2016 0 $292,553 $292,553 I Est. Comp. Date Jan. 31, 2015 Mar. 31, 2015 Dec. 31, 2016 $530,409 $1,060,818 Est. Comp. Date Oct. 31, 2015 $120,000 $120,000 Packet Pg. 224 3/24/2014 Page 8 of 9 7.D.1.c Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats a people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. 111304 BUY <30-FT BUS FOR 1 $400,000 $400,000 EXPANSION Finding No. 1 - Class II(c) C07 - Acquisition, maintenance of vehicles / equipment Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated k existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats a people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. 114207 ACQUIRE - ADP HARDWARE 0 $30,000 $30,000 Finding No. 1 - Class II(c) C07 - Acquisition, maintenance of vehicles / equipment Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated t existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats a people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. 114209 ACQUIRE - MOBILE 18 $20,000 $20,000 SURV/SECURITY EQUIP Finding No. 1 - Class II(c) C07 - Acquisition, maintenance of vehicles / equipment Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated t existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats a people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. 116203 PURCHASE RADIOS 2 $5,000 $5,000 Finding No. 1 - Class II(c) C07 - Acquisition, maintenance of vehicles / equipment Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated k existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats a people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Packet Pg. 225 3/24/2014 Page 9 of 9 7.D.1.c 300901 UP TO 50% FEDERAL SHARE 0 $530,409 $1,060,818 Finding No. 1 - Class II(c) C04 - Planning and administrative activity Planning and administrative activities which do not involve or lead directly to construction, such as: training, technical assistance and research; promulgation of rules, regulations, directives, or program guidance; approval of project concepts engineering; and operating assistance to transit authorities to continue existing service or increase service to meet routine demand. 119202 PURCHASE BUS SHELTERS 0 $19,464 $19,464 Findina No. 1 - Class II(c C08 - Maintenance, rehab, reconstruction of facilities Maintenance, rehabilitation, and reconstruction of facilities that occupy substantially the same geographic footprint and do not result in a change in functional use, such as: improvements to bridges, tunnels, storage yards, buildings, stations, and terminals; construction of platform extensions, passing track, and retaining walls; and improvements to tracks and railbeds Part 6: Fleet Status No information found. Part 7. FTA Comments No information found. Part 8: Results of Reviews The reviewer did not find any errors Packet Pg. 226 3/24/2014 TO: SUBMITTED BY: SUBJECT: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Community Services/Transit Division 7.D.1.d VI-H2 09/08/09 () PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Corine C_ Williams Transit Manager Federal Transit Administration (FTA) 5307 American Recovery and Reinvestment Act (ARRA) 2009 Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130102-4910-331421-400 Federal Transit Administration (FTA) 5307 PREVIOUS ACTION: March 10, 2009 — Approved submission of application to FTA RECOMMENDATION: Board acceptance of FTA 5307 ARRA grant, FL 96-X025 in the amount of $1,957,183 and Budget Resolution 09-264; authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: {� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( } 1142=420 0sM OMB Director ( ) Daniel S. McIntyre Budget Analyst Marie ouin 1-{, y---6 Sophia Holt Originating Dept ( ) ► ' t Beth R er Q Packet Pg. 227 RESOLUTION 7.D.1.e WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a grant from the Federal Transit Administration (FTA) in the amount of $270,512, as funding for the Community Services FTA 5307 Grant. 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 April, 2014, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2013-2014, and the County's budget is hereby amended as follows: REVENUE 130102-4910-331421-094602 APPROPRIATIONS 130102-4910-552200-094602 Federal Transit Admin. Bldg/Infrastructure<$25,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair Commissioner Paula Lewis, Vice Chair Commissioner Chris Dzadovsky Commissioner Tod Mowery Commissioner Kim Johnson PASSED AND DULY ADOPTED THIS 15TH DAY OF APRIL 2014. ATTEST: $270,512 $270,512 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 228 7.D.2 ITEM NO. (ID # 2020) AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: Veterans Memorial Park Bid Award BACKGROUND: DATE: 04/15/2014 *CONSENT AGENDA\COMMUNITY SERVICES St. Lucie County was granted $2,703,092 in Community Development Block Grant (CDBG) Disaster Recovery Enhancement Funds (DREF) for recovery projects as a result of Tropical Storm Fay. On November 1, 2011 the Board approved entering into an interlocal agreement with the City of Fort Pierce to fund drainage improvements to Veterans Memorial Park. The project was advertised on February 12, 2014. Three responses were received. CDBG funding does not allow local preference. The lowest responsive responsible bidder was McTeague Construction Co. Inc. PREVIOUS ACTION: November 1, 2011-Board approval of the Interlocal Agreement with the City of Fort Pierce. March 6, 2012-Board approval to accept grant funds. FINANCIAL IMPACT: Sufficient funding is available in CDBG Grant fund (001544-5420-581090-500). RECOMMENDATION: Board authorization to award Bid No. 14-007 for construction services to McTeague Construction Co. Inc. in the amount of $369,809 for the Veterans Memorial Park project funded under CDBG DREF, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 229 Coordination/Signatures 1 61, Ryder, Community Services Dir r 4/3/2014 Danie S. McIntyre, C my ttorney 4/14/2014 Updated: 4/3/2014 11:06 AM by Jennifer Hance A Page 2 Packet Pg. 230 7.D.2.a BOARD OF COUNTY COUNTY PURCHASING * DEPARTMENT COMMISSIONERS TABULATION SHEET - BID #14-007 VETERANS MEMORIAL PARK RENOVATIONS (CDBG) OPENED: MARCH 19, 2014 AT 3:30 PM THREE (3) submittals were received for subject proposal: TOTAL ALTERNATE ALTERNATE ALTERNATE BASE BID BID #1 BID #2 BID #3 MCTEAGUE CONSTRUCTION, CO. INC. 624 SE Central Parkway, Stuart, FL $ 369,809.00 $ 414,070.00 $ 35,150.00 $ 44,100.00 Fax: 772-286-7130 TAN CONSTRUCTION SERVICES, INC. 801 Northpoint Parkway, Suite 5, West Palm Beach, FL $ 420,428.00 * $ 290,108.00 * $ 22,840.00 $ 25,650.00 Fax: 561-841-6518 SUNSHINE LAND DESIGN, INC. 3291 SE Lionel Terrace, Stuart, FL $ 674,405.00 $ 547,512.97 $60,860.30 $ 45,475.20 Fax: 772-283-8944 • Math Errors Number of companies notified*: 1127 Number of bid documents distributed*: 39 Number of bids received: 3 *per demandstar.com Packet Pg. 231 7.D.3 ITEM NO. RES-2014-56 DATE: 04/15/2014 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: Resolution 2014-56 - Veterans Park FP Contribution BACKGROUND: *CONSENT AGENDA\COMMUNITY SERVICES On November 1, 2011, the County and the City of Fort Pierce entered into an Interlocal Agreement which authorized the County to administer the Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) program for the recovery of Tropical Storm Fay. The Interlocal Agreement with the City allowed for drainage improvements to be completed for Veterans Memorial Park. CDBG Grant funds have been allocated for this project in the amount of $308,350. The project bid received is $61,459 higher than the CDBG grant funds budgeted for the project. In accordance with the Interlocal Agreement, the City will be responsible for any approved project costs in excess of the CDBG funds allocated. The City has agreed to contribute the $61,459 in order move forward with the project. PREVIOUS ACTION: November 1, 2011-Board approval of the Interlocal Agreement with the City of Fort Pierce. March 6, 2012-Board approval to accept grant funds. FINANCIAL IMPACT: The actual project cost was unknown at the time the FY14 budget was adopted, therefore a budget needs to be established to expend the funds being contributed to the project by the City. Funding will be established in the CDBG Grant (001544-5420-581090-500). Board approval of the budget resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 232 Coordination/Signatures 1 61, Ryder, Community Services Dir r 4/3/2014 Danie 5. McIntyre, C my ttorney 4/3/2014 Faye W. Outlaw, County Administrator 4/3/2014 Updated: 4/7/2014 8:59 AM by Kelly Phelan Page 2 Packet Pg. 233 (uoi1ngi4u00 d=1 )Wd sueaa;an - S3N : 95-KOZ-S3N) a9119-1 uoi;ngp1uo:D aaaaid 1a0=1 :1u0wL13e41V CITY OF FORT PIERCE DEPARTMENT OF ENGINEERING Roadway Design, Engineering Reviews, Stormwater Utility Management, Project Management, Traffic Control and Maintenance March 24, 2014 Mrs. Diana Wesloski, Housing Manager St. Lucie County Community Services Department 437 North 7t" Street Fort Pierce, FL 34950 RE: VETERANS MEMORIAL PARK CDBG DISASTER RECOVERY FUNDING Dear Mrs. Wesloski: The recent bid opening for the Veterans Memorial Park renovations identified a $61,459.00 funding shortfall between the lowest bid of $369,809.00 and the allocated CDBG funding of $308,350.00. We hereby request that St. Lucie County proceed with the award of the construction contract to the lowest responsive bidder, McTeague Construction, in the amount of $369,809.00. We hereby confirm that the City, in accordance with the Interlocal Agreement, agrees to reimburse the County the specified funding shortfall of $61,459.00. Should you require any additional information, please feel free to contact this office. R John R. Andrews, P.E. City Engineer J RA/tst cc: Robert Bradshaw, City Manager Nicholas Mimms, P.E., Deputy City Manager O.\PRIVATEWLL\GROUP DATA DIRECTORY\ENGINEERING\PARKS\VETERANS PARK MEMORIAL\2013-2014\SLC\AGREEMENTSIINTERLOCAL\LETTER TO SLC COMMUNITY SERVICES DEFT. -FUNDING - 032414.DOC P.O. Box 1480 n FORT PIERCE, FL 34954-1480 772-467-3774 Cl) N 6 a m M a C11-11-�� INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT PIERCE AND ST. LUCIE COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDING JOSEPH E. SMITH, CLERK OF THE CIRCUIT CO SAINT LUCIE COUNTY FILE # 3662465 01/05/2012 at 03:57 PM OR BOOK 3352 PAGE 2833 - 2846 Doc Type: AGR h% RECORDING: $120.50 THIS AGREEMENT is made and entered into this r day of 11MG4x44_k1, 2011, by and c between the City of Fort Pierce, a Florida Municipal Corporation ("City"), and St. Lucie County, 0 4.1 Florida, a political subdivision of the State of Florida ("County"). c WITNESSETH: 0 v a WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into interlocal U_ Y a agreements to make the most efficient use of their powers by enabling them to cooperate with one another L d f, on a basis of mutual advantage; and > WHEREAS, both the City and the County are authorized by general law to provide for the health, safety, and welfare of citizens within their respective jurisdictions and now desire to make the most efficient use of their powers by entering into this Agreement to serve their mutual best interests and advantage; and WHEREAS, The City, and the County are eligible to apply for a Community Development Block Grant ("CDBG") Disaster Recovery Initiative ("DRI") Funding, from the State of Florida Department of Community Affairs ("DCA") in the form of Federal Housing and Urban Development ("HUD"), from the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329, approved September 30, 2008) which appropriated $6.5 billion in Community Development Block Grant funds for disaster relief, long-term recovery, and restoration of infrastructure, housing and economic revitalization directly related to the effects of the 2008 hurricane season disasters covered by Presidential disaster declarations; and WHEREAS, the City desires the County to administer the CDBG DRI to the benefit of all, within funds available for activities such as housing, land acquisition, rebuilding, infrastructure, and economic revitalization necessary as a result of damage from the Hurricane season of 2008; and 1 Packet Pg. 235 WHEREAS, an interlocal agreement is required if another local government will be providing required public services, or if a CDBG DRI-funded activity is outside the jurisdiction of the applying local government. NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the City and the County hereby agree as follows: Purpose. The purpose of this Interlocal Agreement is to designate that the County will be the lead agency and administer CDBG DRI funds awarded to the parties as a result of the 2008 hurricane season to the benefit of all. The complete Application for CDBG DRI Funding, including attachments and supplements, is attached hereto as Exhibit "A" and incorporated herein by reference. All activities will meet one of the three national objectives set out in the Housing Community Development Act (address slum and blight, urgent need, primarily benefit LMI persons). The grant funds will be used for: A. St. Anastasia Catholic School Fagade Restoration $90,000 B. Informational Signage at Fisherman's Wharf Marina $30,000 C. Renovate Police Athletic League Youth Center $100,000 D. Update Veteran's Park Improve ADA Accessibility $130,000 E. Jetty Park Expansion Project 1 111 2. Administration. The City shall allow the County to administer the CDBG DRI in conformance with all applicable HUD requirements, as administered by DCA, and as delineated more specifically in the Application, attached hereto as Exhibit "A", and in the Grant Award Agreement between the County and DCA. The parties acknowledge and agree that the County shall retain five percent (5%) of the grant funds to be used to meet the Infrastructure Activity Delivery requirements of the Grant Award Agreement. The City acknowledges and agrees that it will not receive any administrative funds pursuant to this Agreement and will be responsible for any approved project costs in excess of the Grant Award. 2 Packet Pg. 236 3. Term/Termination. The term of this Agreement shall begin on the date the County executes an Agreement with DCA and on the date of filling with the Clerk of the Circuit Court of St. Lucie County, and shall expire as of the date the CDBG DRI is administratively closed out by the County. 4. Notices. In the event either party hereunder desires or is required to provide any notice to the other party, the party desiring or required to provide such notice shall provide it in writing, send it by certified mail, return receipt requested, postage prepaid, to the other party at the address listed below: If to County: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With copies to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 3482 Housing and Community Services Director 2300 Virginia Avenue Fort Pierce, FL 34950 If to Fort Pierce: City Manager 100NUS 1 PO Box 1480 Fort Pierce, FL 34954 With a copy to: Department of Urban Development Director 100NUS 1 PO Box 1480 Fort Pierce, FL 34954 Public Works Director 100NUS 1 PO Box 1480 Fort Pierce, FL 34954 City Attorney 100NUS 1 PO Box 1480 Fort Pierce, FL 34954 5. Modification. No modification, amendment, or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 3 Packet Pg. 237 6. Execution. This interlocal Agreement shall be executed in triplicate and each shall by considered an original. 7. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the parties to this interlocal Agreement. No right of cause of action shall accrue upon or by reason hereof inure to or for the benefit of any third party. 8. Assignment. This Agreement shall be binding on the parties, their representatives, 0 successors and assigns. Neither party shall assign this Agreement or the rights or obligations hereof to 'i r any other person or entity without the prior written consent of the other party. o CU a 9. Indemnification. The County, as a state agency or subdivision defined in Section 768.28, u_ Y i Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent a c c� acts or omissions, or intentional tortuous acts, which result in claims or suits against either County or the; m City, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28, Florida Statutes (2009), or any other similar provision of law. Nothing contained herein shall be construed to be consent by either party to be sued by third parties in any matter arising out of this or any other agreement. 10. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement, if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties continue to be effected. 11. Applicable Law/Disputes/Litigation. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Any dispute involving litigation between the County and the City is subject to all provisions or Chapter 164, Florida Statutes. The parties agree that in the event of any litigation arising out of any alleged breach or non-performance of this Agreement, the venue for such litigation shall be in St. Lucie County, Florida. 4 Packet Pg. 238 12. Effective Date. This Agreement shall take effect upon filing a fully executed copy with the Clerk of the Circuit Court of St. Lucie County. IN WITNESS WHEREOF, the parties hereto have executed this agreement for the purpose herein expressed as of the date and year first written above. ATTE : CITY OF FORT P CE, FLOR A By: ►�Ltc�._ By: Cassandra Steele, City Clerk R7VVEDAS . B o , III, Mayor APPR O FORM AND CORRECTNESS: By: werer, sty Attorney AT s. S , - " BOARD OF COUNTY COMMISSIONERS 751. OF ST. LU , By�- 6 By: epu Chair APPROVED AS TO FORM AND CORRECTNESS: By: A�',,5-A, Countyttorney F. 5 Packet Pg. 239 • i 0 LOCAL GOVERNMENT INFORMATION Local Govemment Applicant County DUNS #: St. Lucie County Board of County Commisssioners I St. Lucie County 1072215403 Local Contact Title Diana Wesloski Housing Manager Phone Number FAX Number '- 772-462-2375 772-462-2855 Mailing Address Street Address 437 N 7ei Street same as mailing address City Zip Code Fort Pierce 34950 C-mdll Huuress wesios kiclOstl ucl eco.om Chief Elected Official Title Chris Craft Chairman Chief Elected Official's Address (if different) 2300 Virginia Mye, Fort Pierce FL 34982 Indicate the cities or Tribes that will be served in addition to the county: 1 Fort Pierce, FL and Port St. Lucie, FL APPLICATION PREPARER INFORMATION ' Application Preparation Agency or Firm St. Lucie County Board of County Commissioners/ Housing & Comm unitySerrrices Address TPhone Number — 437 N 7"' Street, Fort PierceFL 34950 772-462-2375 Cone Title Diana Wesloski I Housing Manager E-Mail Address i n%i.7Ri.7w1Y1jV UU w6w.V Type of Agency Preparing Private Firm Regional Planning Government Other (Specify) Application (Check One): i I Council !Agency i APPLICATION INFORMATION List all jurisdictions in which recovery activities will take place (i.e., Enter the amount of funding that county unincorporated area, names of any municipalities, and Tribal the local govemment is govemments). requesting: j Fort Pierce FL and Port St. Lucie FL $ 2, 691, 922.57 Is the local government covered by the National Flood Insurance Program? I X Yes ❑ No i !o „p 7. D.3. b F. Cn w 0 N Cn W d E d m a� Q 0 L w c as E s 0 r a Packet Pg. 240 7.D.3.b �J r] Are the activities consistent with the local comprehensive plan? X Yes I ❑ No Are you entering into an Interlocal Agreement with another local government in X Yes ❑ No order to apply for administer or ca out the project activities? U.S. Congressional District Florida Senate Districts) Florida House District(s) 16 & 23 ZS 78 80 81, & 82 j HISTORIC PRESERVATION Will the project or any related activities result in direct physical changes to a X Yes ❑ No structure older than 50 years, such as demolition (partial or complete), rehabilitation restoration remodeling, renovation expansion, or relocation? Will the project or any related activities result in direct physical changes to public ❑ Yes X No improvements older than 50 years, such as stone curbs or brick streets? Will the project or any related activities result in direct physical changes to a ❑Yes X No planned open sce older than 50 years, such as a park orplaza? Will any project activities occur within 100 feet of a structure, public improvement, ❑ Yes X No or planned opens ce older than 50 ears? Will any project activities occur in a Historic District listed on the National Register? ❑ Yes X No If "yes" was a response to one of the questions above, you must contact the State Historic Preservation Office (SHPO) immediately. Properties that are listed, or eligible for listing, in the National Register of Historic Places must meet the specifications reflected in the Secretary of the Interiors Standards or Rehabllltadon Guidelines for Rehabilitating Historic Buildings (U.S. Department of the Interior, National Park Service). Copies of this publication and technical assistance on historic preservation issues may be obtained from the SHPO. PROJECT DESCRIPTION NARRATIVE BY PROJECT AND SERVICE AREA (must be completed by all applicants) A detailed written narrative shall include the following: 1. An explanation of the process by which the project(s) outlined in this application were determined to be the County's disaster recovery priorities. If the project is a continuation or expansion to a project that is currently in progress, please indicate that in your response. 2. An explanation of the reason and need for using CDBG funds (i.e., not covered by FEMA, insurance or other sources of funding). This explanation must specifically state how it relates to storms and documentation must be provided with application. 3. Documentation must include, but is not limited to: 1. Photographs (before); 2. Reports: FEMA, Damage Assessment Report, insurance, police, county, etc.; 3. Newspaper articles; 4. Television news stories (provide DVD); 5, Code Enforcement or Public Works Department Staff, certification of local housing authority 4. A description of each proposed activity by service area that includes: ii Packet Pg. 241 11 0 I ASSURANCES, GERTIFIGATIONS AND SIGNATURES This is an application for a Disaster Recovery grant (funded by the U.S. Department of Housing and Urban Development and administered by the Florida Department of Community Affairs). I, the undersigned chief elected official or authorized representative of the local government, certify that the application has been approved by the local governing body and that the local government will comply with the following certifications and assurances as well as applicable federal and state requirements in the administration of any award that is made. failure of the Chief Elected Oli9c/a/ to properly sign trie appl/catron by ifie deadline, or failure to include a copy of the ordnance or reso/utlon of the goveming body authorlwng another individual to sign the ap_,vl/catron, will result in the delay of your application bang processed. I, the undersigned, certify that: 1. Citizen participation requirements will be met. a 2. In identifying the areas of greatest need due to disaster -sustained damage, eligible activities and solutions to address those needs were selected through consultation and cooperation with the city M governments and Tribes in the county. 3. The local government will satisfy the Intergovernmental Coordination and Review requirements by i > submitting required information to its Regional Planning Council and to the State Clearing House. 4. The local government will not attempt to recover, through special assessments, capital costs of public improvements funded in whole or in part with these funds unless otherwise authorized by 24 ! w CFR Section 570.482 and Section 104(b)(5) of Title I of the Housing and Community Development Ad of 1974. 5. Each housing structure addressed with CDBG funds will, upon completion, meet the local housing code. Construction methods that emphasize high quality, durability, energy efficiency, sustainability c and mold resistance will be encouraged. Efforts to mitigate flood risk through construction and N elevation will be undertaken. Cn w 6. The grant will be administered in conformity with the Civil Rights Act of 1964 and Fair Housing Act; the local government will affirmatively further fair housing and undertake one fair housing activity _ each year. a� 7. An Anti -Displacement and Relocation Plan has been adopted (or will be adopted prior to the expenditure of funds) and displacement of persons will be minimized. 8. The information presented In this application is accurate, and documentation is on file and readily Q accessible to Department of Community Affairs staff. 9. Submission of this application was authorized by the local governing body. o t3 Packet Pg. 242 7.D.3.b • • DCA OTHER CERTIFICATIONS COMPLETE AS INDICATED USE A stakeholder meeting was held with local governments, Tribal Governments and housing providers to discuss unmet needs and X Yes ❑ No best use of funding. Notice of the public meeting was provided at Date publicized least five (5) days prior to the meeting. X Yes ❑ No June 17, 2011 Date public meeting with stakeholders was held. Date of Meeting June 24, 2011 Documentation of the meeting includes sign -in sheets and X Yes 7 ❑ No minutes. Public notice (in a newspaper of general circulation and County's Publication Date website) was provided that stated the types of projects to be undertaken, the source and amount of funding available for the June 17, 2011 activities, the date by which comments must be made, and a contact person for a copy of the proposed application. A 10-day comment period was allowed. X Yes ❑ No We considered the comments concerning the proposed X Yes ❑ ❑ application that were expressed by citizens. No N/A The Local Government is a participant in the National Flood Insurance Program. X Yes ❑ No We have adopted an Anti -Displacement and Relocation Policy in Adoption Date conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, as amended, 49 CFR 2/11/1992 Part 24 and 24 CFR Part 570.606. We will adopt an Anti -Displacement and Relocation Policy in conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, as amended, and will ❑ Yes ❑ No X N/A provide documentation of adoption of the policy to the Department prior to the expenditure of any funds. Documentation is on file to show that we have submitted all required Information to the Regional Planning Council, Bureau of ❑ Yes X No Historic Preservation and the State Clearing House. We will submit the required information to the Regional Planning Council, Bureau of Historic Preservation, and the State Clearing X Yes ❑ No ❑ N/A House prior to expending any funds. We have adopted a Citizen's Complaint Policy that requires Adoption Date written answers to written complaints and grievances within 15 working days. 3 14 1995 We will adopt a Citizen's Complaint Policy that requires written answers to written complaints and grievances within 15 working ❑ Yes ❑ No X N/A days prior to expending any funds. All proposed activities are consistent with our Local X Yes ❑ No Comprehensive Plan. 14 c 0 r •L c 0 U a 1L a m m F. Cn w W r a Packet Pg. 243 7.D.3.b 9 E �#j Adoption Date We have adopted a local procurement policy that conforms to the 1/8/2002 following state and federal regulations: 24 CFR Section 85.36 and Section 287.055 Florida Statutes. We will adopt a local procurement policy that conforms to the state and federal regulations prior to the expenditure of any ❑ Yes ❑ No X N/A funds. We have adopted an Affirmative Action Plan that includes Adoption Date procedures for hiring minority contractors and goals for hiring minority employees. 2 11 1992 We will adopt an Affirmative Action Plan that includes procedures for hiring minority contracts and goals for hiring minority ❑ Yes ❑ No X N/A employees prior to expending any funds. We have documentation to verify that the service area(s) have, if necessary, been properly surveyed using the appropriate HUD Section 8 Income Guidelines and that the number of LMI persons X Yes ❑ No residing in the service area(s) are consistent with the number of beneficiaries claimed in this application. We certify that no other source of federal, state, or local disaster funds is available to meet the need for the activities. X Yes ❑ No The local government certifies that it will comply with the following federal and state requirements: 1. Inform affected persons of their rights and the policies set out in 49 CFR 24 and 24 CFR 570,60, 2. Florida Small and Minority Business Act, s.288.702-288.714, F.S. 3. Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S. 4. Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, F.S. 5. National Environmental Policy Act of 1969, as amended and other provisions which further the purposes of this Act 6. National Historic Preservation Act of 1966, as amended 7. Protection of Historic Properties 36 CFR 800 8. Archaeological & Historic preservation Act of 1974, as amended 9. Executive Order 11593 — Protection and Enhancement of Cultural Environment 10. Reservoir Salvage Act (replaced by Archaeological & Historic preservation Act of 1974, as amended) 11. Safe Drinking Water Act of 1974, as amended 12. Endangered Species Act of 1958, as amended 13. Executive Order 12898 — Environmental Justice 14. Executive Order 11988 and 24 CFR 55 - Floodplain Management 15. Federal Water Pollution Control Act of 1972, as amended 16. Executive Order 11990 — Protection of Wetlands 17. Coastal Zone Management Act of 1972, as amended 18. Wild and Scenic Rivers Act of 1968, as amended 19. Clean Air Act of 1970, as amended 20. HUD Environmental Standards set out in 24 CFR 58 21. Farmland Protection Policy Act, as amended, as set out in 7 CFR 658 22. Title I of the Housing and Community Development Act of 1974, as amended 23. The Clean Water Act of 1977, as amended 24. Davis -Bacon Act. as amended is U) w 0 N C0 w W Packet Pg. 244 25. Contract Work Hours and Safety Standards Act of 1962, as amended 26. Fish and Wildlife Coordination Act, as amended 27. Flood Disaster Protection Act of 1973, as amended 28. Protection of Historic and Cultural Properties under HUD Programs, 24 CFR 58 29. Coastal Zone Management Act of 1972, as amended 30. Federal, State and Local Architectural and Construction Standards 31. Architectural Barriers Act of 1968, as amended 32. Executive Order 11296, relating to evaluation of flood hazards 33. Executive Order 11288, relating to the prevention, control and abatement of water pollution 34. Cost -Effective Energy Conservation Standards, 24 CFR 35. Section 8 Existing Housing Quality Standards, 24 CFR 8 36. Coastal Barrier Resources Act of 1982, as amended 37. Federal Fair Labor Standards Act 38, Title VI of the Civil Rights Act of 1964 —Non-discrimination 39. Title VIII of the Civil Rights Act of 1968 — (Fair Housing Act) 40. Age Discrimination Act of 1975 41. Executive Order 12892 — Fair Housing 42. Section 109 of the Housing and Community Development Act of 1974, Non-discrimination j 43. Section 504 of the Rehabilitation Act of 1973 and 24 CFR 8 44. Executive Order 11063 — Equal Opportunity in Housing 45. Executive Order 11246 — Non-discrimination 46. Copeland Anti -Kickback Act of 1934, as amended 47. Hatch Act, as amended 48. Lead -Based Paint Poisoning Prevention Act, as amended 49. OMB Circulars A-87, A-122, and A-133, as revised 50. Treasury Circular 1075, as revised, regarding drawdown of CDBG funds 51. Single Audit Act of 1984, as amended by the Single Audit Act Amendments of 1996, as amended 52. Administrative Requirements for Grants, 24 CFR 85 53. Section 3 of the Housing and Urban Development Act of 1968, as amended 54. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended 55. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975, 1 as amended 56. Noise Abatement and Control: Departmental Policy Implementation, Responsibilities, Standards, 24 CFR 51, Subpart B 57. Section 102 of the Department of Housing and Urban Development Reform Act of 1989, as amended Signature of Chief Elected Official or Designee (If designee, include resolution in appendices.) a V L W, Q tau H 0,+ Ct ,�n' 14t�y► r� r s a d Signature 0 Typed Name and Title Faye W. Oi Date 6-27-2011 MPA County Administrator 16 APPROVED AS TO FORM �•iAITORNEY �O w 0 N co w W Packet Pg. 245 7.D.3.b 0 a r If signed by a person other than the chief elected official, is a copy of the required resolution included in the Appendices? X Yes ❑ No Signature of Application Preparer if other than an employee of the Applicant Signature � - I Typed Name and Tide Name of Firm or Agency I Person Designated by the Applicant to Submit Request for Funds Karen Russell Typed Name and Tide Karen Russell,Senior Accountant Title and Office/Department Finance Department, St Lude County Clerk of Court Typed Name and Title of Supervisor --, Shall Francis, Finance Director F. Cn w w 0 N Co W _ 0 >_ d d L Q O L W _ _ 0 E c.i Q Packet Pg. 246 t6pj to: 4in A TS H+C5 RESOLUTION NO.10-24S A RESOLUTION CONFIRMING THE AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO APPROVE AND EXECUTE GRANT APPLICATIONS ON BEHALF OF ST. LUCIE COUNTY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 24, 2010, the Board adopted Resolution No.10-157 which substantially amended the Purchasing Manual, Including Section 15.1 regarding grant applications. 2. As amended, Section 15.1 of the Purchasing Manual authorizes the County Administrator to approve all state, federal and othergrant applications after confirming matching funds, If required, are available and reserved. 3. From time to time, granting agencies require a separate resolution authorizing a designated County representative to execute grant applications. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie ' County, Florida: to w 1. In accordance with Section 15.1 of the Purchasing Manual, this Board does hereby � authorize the County Administrator to approve and execute all applications for state, federal and It other grants after confirming matching funds, If required, are available and reserved. c N to 2. This resolution shall take effect retroactively on August 24, 2010. w PASSED AN DULY ADOPTED this 12th day of October 2020. E BOARD OF COUNTY -CO ISSIONERS L ATTEST: ti4 ('r; ST. LUCIE COU�LTY FLOR A Q .� w,lOrit BY: Chalrma ., . Co 7 APPROVED AS TO FORM AND �3 E STATE OF FLORIDA ST LUCIE COUNTY CountyAtt77 a THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OFTHE OR JOS `'H SMITH, CLERK � By. Qeputy 1.'M1 _ /!Q Date y�/ Packet Pg. 247 RESOLUTION 7.D.3.c WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of funding from the City of Fort Pierce in the amount of $61,459, for the Community Services Community Development Block Grant (CDBG) Veterans Park Project. 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 April, 2014, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2013-2014, and the County's budget is hereby amended as follows: REVENUE 001544-5420-337910-500 City of Fort Pierce $61,459 APPROPRIATIONS 001544-5420-581090-500 City of Fort Pierce $61,459 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Paula Lewis, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 15TH DAY OF APRIL 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 248 7.D.4 ITEM NO. (ID # 2028) DATE: 04/15/2014 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: East/West Dunbrooke Drainage Project Bid Award BACKGROUND: *CONSENT AGENDA\COMMUNITY SERVICES St. Lucie County was granted $2,703,092 in Community Development Block Grant (CDBG) Disaster Recovery Enhancement Funds (DREF) for recovery projects as a result of Tropical Storm Fay. On September 20, 2011 the Board approved entering into an Interlocal Agreement with the City of Port St. Lucie to fund drainage improvements to the area of East/West Dunbrooke. The project was advertised on January 12, 2014. Four responses were received. CDBG funding does not allow local preference. The lowest responsive responsible bidder was Melvin Bush Construction. PREVIOUS ACTION: September 20, 2011 - Board approval of the Interlocal Agreement with the City of Port St. Lucie. March 6, 2012 - Board approval to accept grant funds. FINANCIAL IMPACT: Sufficient funding is available in CDBG Grant fund (001544-5420-581085-500). RECOMMENDATION: Board authorization to award Bid No. 14-013 for construction services to Melvin Bush Construction for the East/West Dunbrooke drainage project in the amount of $190,492.40, which includes the Base Bid and Alternate Bid No. 1 funded under CDBG DREF, and authorization for the Chair to sign documents as approved by the County Attorney. 14ca ►] "il►�ifi;1-1rarLY_Ts"191 F Packet Pg. 249 Coordination/Signatures 1 61, Ryder, Community Services Dir r 4/3/2014 Danie S. McIntyre, C my ttorney 4/14/2014 Updated: 4/3/2014 11:30 AM by Jennifer Hance Page 2 Packet Pg. 250 7.D.4.a BOARD OF COUNTY COMMISSIONERS 7NTY` O R I D A BID #14-013 - EAST- WEST DUNBROOKE CDBG DRAINAGE IMPROVEMENTS PURCHASING DEPARTMENT DATE: February 19, 2014 @ 3:OOPM MANIC IL'S TRACTOR SERVICE, INC. FAX: 772-288-0983 MELVIN BUSH CONSTRUCTION FAX: 772-336-0488 CLOSE CONSTRUCT ION,LLC FAX: 863-763-6337 SUNSHINE LAND DESIGN, INC. FAX, 772-283-8944 ITEM NO. DESCRIPTION EST. UNIT QUANINITY MEASURE UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID (H-10 CONTROL STRUCTURE REPAIRS) 101-1A Mobilization / Pre -Construction Video 1 LS $40,000.00 $40,000.00 $12,514.00 $12,514.00 $35,750.00 $10,808.00 $10,808.00 102-1 Maintenance of Traffic 1 LS $6,000.00 $6,000.00 $3,000.00 $3,000.00 $4,000.00 $3,021.24 $3,021.24 104-10-3 Sediment Barrier Silt Fence 310 LF $1.50 $465.00 $1.25 $387.50 $2.00 $620.00 $2.39 $740.90 104-11-A Floating Turbidity Barriers 95 LF $10.00 $950.00 $12.00 $1,140.00 $10.00 $950.00 $12.06 $1,145.70 104-15 Soil Tracking Prevention Device 2 EA $2,500.00 $5,000.00 $2,000.00 $4,000.00 $2,500.00 $5,000.00 $1,536.97 $3,073.94 108-1 Survey Work /Construction Layout/As-built Drawings 1 LS $3,250.00 $3,250.00 $1,405.00 $1,405.00 $4,500.00 $2,343.00 $2,343.00 110-1-1A Demolition/ACB Mat Removal H-10 1 LS $3,000.00 $3,000.00 $4,445.00 $4,445.00 $21,600.00 $5,934.00 $5,934.00 120-6 Earthwork (import Fill / Regrade) 1,100 CY $11.50 $12,650.00 $13.00 $14,300.00 $20.00 $22,000.00 $28.71 $31,581.00 350-2-3 Concrete Ditch Pavement Reinforced 8" Thick - Including Filter Fabric 222 SY $121.50 $26,973.00 $141.25 $31,401.90 $120.00 $26,640.00 $117.04 $25,982.88 400-0-2 Concrete Collar Reinforced 1 CY $1,750.00 $1,750.00 $2,600.00 $2,600.00 $1,600.00 $1,600.00 $677.88 $677.88 425-1611 DBI, Type K Inlet 101E 1 EA $9,725.00 $9,725.00 $7,711.00 $7,711.00 $7,445.00 $7,445.00 $7,909.99 $7,909.99 430-175- 254 Pipe Culvert (42"x65" ERCP) 8 LF $250.00 $2,000.00 $248.50 $1,988.00 $250.00 $2,000.00 $270.90 $2,167.20 455-18 Dewatering for Construction Operations 1 LS $6,000.00 $6,000.00 $4,000.00 $4,000.00 $20,000.00 $28,600.00 $28,600.00 530-3-3 Rip Rap Rubble includes Bedding Stone/filter fabric 500 SY $50.00 $25,000.00 $147.00 $73,500.00 $80.00 $40,000.00 $79.14 $39,570.00 550-101-10 Fence Remove / Replace 130 LF $24.00 $3,120.00 $5.00 $650.00 $25.00 $3,250.00 $24.16 $3,140.80 570-1-2 Performance Turf, Sod Bahia 1,200 SY $2.50 $3,000.00 $3.15 $3,780.00 $3.00 $3,600.00 $3.06 $3,672.00 999-1A Refurbish Sheet Pile Weir/ H-10 Restoration 40 SY $538.50 $37,695.00 $94.25 $3,770.00 $300.00 $21,000.00 $222.91 $15,603.70 SUBTOTAL BASE BID $186,578.00 $170,592.401 $219,955.00 $185,972.83 61D ALTERNATE 1 (LENNAKD ROAD PIPE REPAIR) 455-18 IDewatering for Construction Operations 1 1 LS $6,000.00 $6,000.00 $1,500.00 $1,500.00 $13,500.00 $7,400.00 $7,400.00 930-6 lChernical Groutinq of 42' x 65" ERCP 1 16 Joint $1,550.00 $24.800.00 $1,150.00 $18,400.00 $1.500.00 $24,000.00 $1,520.06 $24.320.96 Q 00 m Y O O C 7 LL W m 0 U 00 N O N to H m C O V 7 N C O U r C 0) E t V O a Packet Pg. 251 7.D.4.a MANCIL'S TRACTOR SERVICE,INC. I MELVIN BUSH CONSTRUCTION I CLOSE CONSTRUCTION SUBTOTAL BID ALTERNATE- 1 $30,800.001 1 $19,900.00 1 1 $37,500 BID ALTERNATE 2(H-19 CANAL REGRADING) SUNSHINE LAND DESIGN, INC. $31, 101-1A Mobilization / Pre -Construction Video 1 LS $2,500.00 $2,500.00 $13,814.00 $13,814.00 $35,000.00 $12,870.00 $12,870.00 104-11-A Floating Turbidity Barriers 310 LF $10.00 $3,100.00 $12.00 $3,720.00 $10.00 $3,100.00 $12.32 $3,819.20 104-15 Soil Tracking Prevention Device 2 EA $2,500.00 $5,000.00 $2,000.00 $4,000.00 $200.00 $4,000.00 $1,536.97 $3,073.94 108-1 Survey Work /Construction Layout/Asbuilt Drawings 1 LS $2,500.00 $2,500.00 $1,600.00 $1,600.00 $5,500.00 $2,420.00 $2,420.00 110-1-113 Clearing / Grubbing (Vegetation Removal) 1.6 AC $4,000.00 $6,400.00 $31,110.00 $49,776.00 $3,000.00 $4,800.00 $24,130.86 $38,609.38 120-5 Channel Excavation Muck Removal & Disposal) 2,500 CY $10.00 $25,000.001 $26.761 $66,900.00 $21.00 $52,500.00 $34.21 $85,525.00 455-18 jDewatering for Construction Operations 1 LS 1 $6,000.00 $6,000.001 $21,900.001 $21,900.001 1 $15,000.00 $34,100.00 $34,100.00 570-1-2 jPerformance Turf, Sod (Bahia) 10,100 SY 1 $2.50 $25, 250.001 $3.501 $35,350.001 $2.00 1 $20.200.00 $3.06 $30,906.00 SUBTOTAL BID ALTERNATE-2 $75.750.001 1 $197,060.001 1 $140,100.00 $211,323.52 BASE BID: BID ALTERNATE 1: BID ALTERNATE 2: TOTAL ESTIMATED AMOUNT NUMBER OF COMPANIES NOTIFIED': 473 NUMBER OF BID DOCUMENTS DISTRIBUTED": 50 NUMBER OF BIDS RECEIVED: 4 - Per demandstar.com $186,578.00 $170,592.40 $219,955.00 $30, 800.00 $19, 900.00 $37, 500.00 $75,750.00 $197,060.00 $140,100.00 $293,128.00 $387,552.40 $397,555.00 F$21 85,972.83 31,720.96 1,323.52 29,017.31 3 Q m d Y O O C 3 LL W i� m 0 U 00 N O N Packet Pg. 252 7.D.5 ITEM NO. RES-2014-57 DATE: 04/15/2014 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: Resolution 2014-57 - Dunbrooke PSL Contribution BACKGROUND: *CONSENT AGENDA\COMMUNITY SERVICES On September 20, 2011 the County and the City of Port St. Lucie entered into an Interlocal Agreement which authorized the County to administer the Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) program for the recovery of Tropical Storm Fay. The Interlocal Agreement with the City allowed for drainage improvements to be completed for the area of East/West Dunbrooke. CDBG Grant funds have been allocated for this project in the amount of $175,863. The base bid price received is under budget, leaving a surplus of $5,270.60. The price received for Alternate Bid No. 1 is $19,900. The City has agreed to pay the difference of $14,629.40 in order to fund Alternate Bid No. 1. In accordance with the Interlocal Agreement, the City will be responsible for any approved project costs in excess of the CDBG funds allocated. PREVIOUS ACTION: September 20, 2011 - Board approval of the Interlocal Agreement with the City of Port St. Lucie. March 6, 2012 - Board approval to accept grant funds. FINANCIAL IMPACT: The actual project cost was unknown at the time the FY14 budget was adopted, therefore a budget needs to be established to expend the funds being contributed to the project by the City. Funding will be established in the CDBG Grant (001544-5420-581085-500). Board approval of the budget resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 253 7.D.5 Coordination/Signatures 1 61, Ryder, Community Services Dir r 4/3/2014 Danie 5. McIntyre, C my ttorney 4/3/2014 Faye W. Outlaw, County Administrator 4/3/2014 Updated: 4/7/2014 9:00 AM by Kelly Phelan Page 2 Packet Pg. 254 Gl - CR INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ST. LUCIE AND ST. LUCIE COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDING n THIS AGREEMENT is made and entered into this day of J, 2011, by and 0 between the City of Port St. Lucie, a Florida Municipal Corporation ("City"), and St. Lucie County, L Florida, a political subdivision of the State of Florida ("County"). 0 J WITNESSETH: a 0 WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into interlocal °o L agreements to make the most efficient use of their powers by enabling them to cooperate with one another o on a basis of mutual advantage; and WHEREAS, both the City and the County are authorized by general law to provide for the health, safety, and welfare of citizens within their respective jurisdictions and now desire to make the most efficient use of their powers by entering into this Agreement to serve their mutual best interests and advantage; and WHEREAS, The City and the County are eligible to apply for a Community Development Block Grant ("CDBG") Disaster Recovery Initiative ("DRI") Funding from the State of Florida Department of Community Affairs ("DCA") in the form of Federal Housing and Urban Development ("HUD"), from the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329, approved September 30, 2008) which appropriated $6.5 billion in Community Development Block Grant funds for disaster relief, long-term recovery, and restoration of infrastructure, housing and economic revitalization directly related to the effects of the 2008 hurricane season disasters covered by Presidential disaster declarations; and WHEREAS, the City desires the County to administer the CDBG DRI to the benefit of all, within funds available for activities such as housing, land acquisition, rebuilding, infrastructure, and economic revitalization necessary as a result of damage from the Hurricane Season of 2008; and JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE N 3635677 10/07/2011 at 02:53 PM OR BOOK 3330 PAGE 253 - 269 Doc Type: AGR Packet Pg. 255 RECORDING: $146.00 7.D.5.a WHEREAS, an interlocal agreement is required if another local government will be providing required public services, or if a CDBG DR1-funded activity is outside the jurisdiction of the applying local government. NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the City and the County hereby agree as follows: 1. Purpose. The purpose of this Interlocal Agreement is to designate that the County will be o the lead agency and administer CDBG DRI funds awarded to the parties as a result of the 2008 Hurricane r c 0 Season to the benefit of all. The complete Application for CDBG DRI Funding, including attachments L) U) a and supplements, is attached hereto as Exhibit "A" and incorporated herein by reference. All activities Y 0 0 will meet one of the three national objectives set out in the Housing Community Development Act c address slum and blight, urgent need primarily benefit LMI persons). The rant funds will be used for � g g � P Y P )• g the following projects: A. Park's Edge Storm Drainage Upgrade $1,408,182 B. East/West Dunbrooke Extension Drainage Improvement: $258,851 2. Administration. The City agrees to allow the County to administer the CDBG DRI in conformance with all applicable HUD requirements, as administered by DCA, and as delineated more specifically in the Application, attached hereto as Exhibit "A", and in the Grant Award Agreement between the County and DCA. The parties acknowledge and agree that the County shall retain the following percentages of the Grant Award in accordance with the program guidelines: A. Infrastructure Activity Delivery 5% The City acknowledges and agrees that it will not receive any administrative funds pursuant to this Agreement and will be responsible for any project costs in excess of the Grant Award. 3. Term/Termination. The term of this Agreement shall begin on the date the County executes an Agreement with DCA and on the date of filling with the Clerk of the Circuit Court of St. Lucie County, and shall expire as of the date the CDBG DRI is administratively closed out by the County. 2 Packet Pg. 256 7.D.5.a 4. Notices. In the event either party hereunder desires or is required to provide any notice to the other party, the party desiring or required to provide such notice shall provide it in writing, send it by certified mail, return receipt requested, postage prepaid, to the other party at the address listed below: If to County: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With copies to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 3482 Housing and Community Services Director 2300 Virginia Avenue Fort Pierce, FL 34950 If to the City: City Manager 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34984 With copies to: City Attorney 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34981 Community Services Director 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 5. Modification, No modification, amendment, or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 6. Execution. This interlocal Agreement shall be executed in triplicate and each shall by considered an original. 7. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the parties to this Interlocal Agreement. No right of cause of action shall accrue upon or by reason hereof inure to or for the benefit of any third party. 0 3 'i 0 C) J U) a m 0 0 L 3 3 Packet Pg. 257 7.D.5.a 8. Assignment. This Agreement shall be binding on the parties, their representatives, successors and assigns. Neither party shall assign this Agreement or the rights or obligations hereof to any other person or entity without the prior written consent of the other party. 9. Indemnification. The County, as a state agency or subdivision defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either County or the o City, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or r c 0 omissions, or intentional tortuous acts. v J U) d Nothing contained in this Section shall be construed to be a waiver by either party of any Y 0 0 protections under sovereign immunity, Section 768.28, Florida Statutes (2009), or any other similar c provision of law. Nothing contained herein shall be construed to be consent by either party to be sued by third parties in any matter arising out of this or any other agreement. 10. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement, if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties continue to be effected. 11. Applicable Law/Disputes/Litigation. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Any dispute involving litigation between the County and the City is subject to all provisions or Chapter 164, Florida Statutes. The parties agree that in the event of any litigation arising out of any alleged breach or non-performance of this Agreement, the venue for such litigation shall be in St. Lucie County, Florida. 12. Effective Date. This Agreement shall take effect upon filing a fully executed copy with the Clerk of the Circuit Court of St. Lucie County. IN WITNESS WHEREOF, the parties hereto have executed this agreement for the purpose herein expressed as of the date and year first written above. 4 Packet Pg. 258 7.D.5.a ATTEST: CITY OF PORT ST. LUCIE, FLORIDA By; (By:- Nfa y or OVED AS TO Fk By: Cit� c ��Jr Jf ATTEST: ,� BOARD F a''a: OF S . LU Deputy- Clerk APPROVED S:\atty\agreemnt\interloc\TS Fay.PSL.201Ldoc Rev. 6.21.11 K67 County Atto M SS: TNESS: IF L _ 0 U J U) a m 0 0 3 w ti v 0 N U) W o= w _ m E 0 L Q V O L _ J Cn a 0 E s 0 �a w r a 9 Packet Pg. 259 7.D.5.a EXHIBIT A EXECUTIVE SUMMARY OF ST. LUCIE COUNTY `S 2011 CDBG DISASTER APPLICATION WITH DETAILED DESCRIPTION OF PSL PROJECTS Packet Pg. 260 HOUSING & HOARD OF COMMUNITY COUNTY • SERVICES COMMISSIONERS BETH RYDER DIRECTOR Executive Summate St. Lucie County is proposing, In Its application for Community Development Block Grant Disaster Recovery Enhancement Funds, to enter into interlocaI agreements with the Cities of Fort Pierce and Port St. Lucie. St. Lucie County will administer the program. The City of Fort Pierce is proposing the following public facility improvements. • Restoration of the historic St. Anastasia Catholic School. ■ Installation of informational Signage at Fisherman's Wharf Marina. • Renovation of the Police Athletic League Youth Center. • Improve ADA Accessibility to Veterans Memorial Park. • Expansion of Jetty Park All sites proposed suffered damage from Tropical Storm Fay. A detailed narrative of each project can be found in the application. The City of Port St. Lucie is proposing the following infrastructure projects • Improvement of the Parks Edge Storm Drainage System, • Improvement of East/West Dunbrooke Drainage System. Both sites experienced significant flooding during Tropical Storm Fay. A detailed narrative of each project can be found In the application. St. Lucie County Is proposing to complete the Harmony Heights storm water drainage project that was started with CDBG Disaster Recovery Funds for Tropical Storm Fay, A detailed narrative can be found In the application. CHRIS DIADOvSKY. (None Ho I • 16D FAOWERY Dnmu No. 2 - PAULA A LEWIS, Outfit No J • FRANNIE HUICHINSCIN Dlmlcr No d . CHRIS CRAFT. Omna No 5 Couny Adme+uvOto, • Fwo W ouUow AtDA 437 North 715rreel • Forr Pierce. FL 34950 • Phone (772) d62-1777 • FAX (772) 462-1703 web sire: www.srlucieco org -�n••yr:a�.,n:•rerC'.7T.^_'rfrtrrer..+�i=sus.. �y........ aY:+:'c:'=1t4wr`».....a:�:%.;Ca4+'-i:'=��e.+ue�•:......e.e.....�...{i- _ _ - 7.D.5.a ti Ln 4 0 N W lY w _ d d d L ZA Q V 0 L _ J to a d E s t� O w r Q Packet Pg. 261 14 11 LOCAL GOVERNMENT INFORMATION Local Government Applicant County DUNS #: St. Lucie County Board of County Commisssioners St. Lucie County 072215403 Local Contact Title Diana Wesloski Housing Manager Phone Number FAX Number 772-462-2375 772-462-2855 Mailing Address Street Address 437 N 7t' Street same as mailing address City Zip Code Fort Pierce 34950 E-mail Address wesioskid@stiuciew.org Chief Elected Official Title Chris Craft Chairman Chief Elected Official's Address (If different) 2300 Virginia Ave Fort PierceFL 34982 Indicate the cities or Tribes that will be served in addition to the county: Fort Pierce FL and Port St. Lucie FL APPLICATION PREPARER INFORMATION Appilcation Preparation Agency or Firm St. Lucie County Board of County Commissioners Housing & Community Services Address Phone Number 437 N 7"' Street, Fort Pierce FL 34950 772-462-2375 Contact Title Diana Wesloski Housing Manager E-Mail Address wesloskid@ stiucieco. or Type of Agency Preparing IPrivate Firm Regional Planning Government Other (Specify) Application (Check One): Council Agency APPLICATION INFORMATION List all jurisdictions in which recovery activities will take place (i.e., Enter the amount of funding that county unincorporated area, names of any municipalities, and Tribal the local government is governments). requesting: $ 2,691,922.57 Fort Pierce FL and Port St. Lucie FL Is the local government covered by the National Flood Insurance Program? X Yes No TO .! ,,11��(,{pv�.�r-'l'`�� .�'Ty'.r,1i..M.1.'.�"�C T.R'1�31 �?.11d..L---.�ci...'r.t—'NT�R �...�l���n�.y:'A:.��e--'.1�,-.y'�•�1L�'—'.'Z.� .w�.._—.✓ .i�IC:....ko� c O r c O U J 07 a. m O O c Q Packet Pg. 262 11 M Are the activities consistent with the local comprehensive plan? X Yes ❑ No Are you entering into an Interlocal Agreement with another local government in X Yes ❑ No order to apply for administer or ca out the project activities? U.S. Congressional District Florida Senate District(s) Florida House District(s) 16 & 23 28 1 7R.M.M. A R2 HISTORIC PRESERVATION Will the project or any related activities result in direct physical changes to a X Yes ❑ No structure older than 50 years, such as demolition (partial or complete), rehabilitation restoration remodeling, renovation expansion, or relocation? WIII the project or any related activities result In direct physical changes to public ❑ Yes X No improvements older than 50 years, such as stone curbs or brick streets? Will the project or any related activities result in direct physical changes to a ❑ Yes X No tanned open space older than 50 years, such as a park orplaza? Will any project activities occur within 100 feet of a structure, public improvement, ❑ Yes X No or planned open space older than 50 ears? Will any project activities occur In a Historic Dlstrkt listed on the National Register? ❑ Yes I X No If "Yes" was a response to one of the questions above, you must contact the State Historic Preservation Office (SHPO) immediately. Properties that are listed, or eligible for listing, In the National Register of Historic Places must meet the specifications reflected in the Secretary of the Interior's Standards or Rehabilitation Guide/Ines for Rehabilitating Historic Buildings (U.S. Department of the Interior, National Park Service). Copies of this publication and technical assistance on historic preservation issues may be obtained from the SHPO. PROJECT 71E E BY PROJECT AND SERVICE AREA A detailed written narrative shall Include the following: 1. An explanation of the process by which the project(s) outlined In this application were determined to be the County s disaster recovery priorities. If the project is a continuation or expansion to a project that Is currently In progress, please Indicate that In your response. 2. An explanation of the reason and need for using CDRG funds (i.e., not covered by FEMA, insurance or other sources of funding). This explanation must specifically state how it relates to storms and documentation must be provided with application. 3. Documentation must include, but is not limited to: 1. Photographs (before); 2. Reports: FEMA, Damage Assessment Report, insurance, police, county, etc.; 3. Newspaper articles; 4. Television news stories (provide DVD); S. Code Enforcement or Public Works Department Staff; certification of local housing authority 4. A description of each proposed activity by service area that includes: 11 Jr� --:rna .,c._r.-+Nc aErp"i•`'_ .. ,.... _i...... E._. r - �"F'._...,. �..—.,.,.. .-..Yw:.. _.n^eh- .c . MW ,.-`.__ _..._ ..._..._......._.. - - -....� .:.:.. :cyc�y amp-.- :a <-_^-Ti- 7.D.5.a I c 0 �L c 0 U J rn d m 0 0 c w ti v r O N co W c m E m a� L a� Q U 0 L m c J d c a� E t M Q Packet Pg. 263 1' This is an application for a Disaster Recovery grant (funded by the U.S. Department of Housing and Urban Development and administered by the Florida Department of Community Affairs). I, the undersigned chief elected official or authorized representative of the local government, certify that the application has been approved by the local governing body and that the local government will comply with the following certifications and assurances as well as applicable federal and state requirements in the administration of any award that is made, Failure of the Chief Elected Ofi9dal to omperty sign the application by the deadline, or failure to include a copy of the ordnance or resolution of the goveming body authoriz/ng another individual to sign the anollcatfon, will result In the delay of your aDalication belno orocessed. I, the undersigned, certify that: 1. Citizen participation requirements will be met. 2. In identifying the areas of greatest need due to disaster -sustained damage, eligible activities and solutions to address those needs were selected through consultation and cooperation with the city governments and Tribes in the county. 3. The local government will satisfy the Intergovernmental Coordination and Review requirements by submitting required information to its Regional Planning Council and to the State Clearing House. 4. The local government will not attempt to recover, through special assessments, capital costs of public improvements funded in whole or in part with these funds unless otherwise authorized by 24 CFR Section 570.482 and Section 104(b)(5) of Title I of the Housing and Community Development Act of 1974. 5. Each housing structure addressed with CDBG funds wlll, upon completion, meet the local housing code. Construction methods that emphasize high quality, durability, energy efficiency, sustainability, and mold resistance will be encouraged. Efforts to mitigate flood risk through construction and elevation will be undertaken. 6. The grant will be administered In conformity with the Civil Rights Act of 1964 and Fair Housing Act; the local government will affirmatively further fair housing and undertake one fair housing activity each year. 7. An Anti -Displacement and Relocation Plan has been adopted (or will be adopted prior to the expenditure of funds) and displacement of persons will be minlmlzed. B. The information presented in this application is accurate, and documentation is on file and readily accessible to Department of Community Affairs staff. 9. Submission of this application was authorized by the local goveming body. 13 u�e..r;,;m:C°— a3,n•l?d::: ,��, ,.���-._. _, i�-r�-y c� .:w• ...�. .. .. sl'^??'ew.., 7�,r_...�..�:�'"a .,:-sc'-T=.���SFc:�r+F :Kos_:..._..-.r-..�-f N w ti v 0 N d) w .. Packet Pg. 264 a U DCA OTHER CERTIFICATIONS COMPLETE AS INDICATED USE A stakeholder meeting was held with local governments, Tribal Governments and housing providers to discuss unmet needs and X Yes ❑ No best use of funding. Notice of the public meeting was provided at Date publicized least five (5) days prior to the meeting. X Yes ❑ No June 17, 2011 Date public meeting with stakeholders was held. Date of Meeting June 24, 2011 Documentation of the meeting includes sign -in sheets and X Yes ❑ No minutes, Public notice (in a newspaper of general circulation and County's Publication Date website) was provided that stated the types of projects in be undertaken, the source and amount of funding available for the June 17, 2011 activities, the date by which comments must be made, and a contact person for a copy of the proposed application. A 10-day comment period was allowed, X Yes ❑ No We considered the comments concerning. the proposed X Yes ❑ No ❑ N/A application that were expressed by citizens. The Local Government is a participant in the National Flood X Yes ❑ No Insurance Program. We have adopted an Anti -Displacement and Relocation Policy in Adoption Date conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, as amended, 49 CFR 2/11/1992 Part 24 and 24 CFR Part 570.606. We will adopt an And -Displacement and Relocation Policy In conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, as amended, and will ❑ Yes ❑ No X N/A provide documentation of adoption of the policy to the Department prior to the expenditure of any funds. Documentation Is on file to show that we have submitted all required information to the Regional Planning Council, Bureau of ❑ Yes X No Historic Preservation and the State Clearing House. We will submit the required information to the Regional Planning Council, Bureau of Historic Preservation, and the State Clearing X Yes ❑ No ❑ N/A House nor to expending any funds. We have adopted a Citizen's Complaint Policy that requires Adoption Date written answers to written complaints and grievances within 15 working days. 3 14 1995 We will adopt a Citizen's Complaint Policy that requires written answers to written complaints and grievances within 15 working 1 ❑ Yes ❑ No X N/A days prior to expending any funds. Ali proposed activities are consistent with our Local X Yes ❑ No Comprehensive Plan. 14 .... �r.+t.�..cT �-u-- -----.-"--ram 's „Rffe �->>�::� :::MU Sir, . c 0 �L c 0 U J rn a. am 0 0 L c Packet Pg. 265 7.D.5.a U 1M Adoption Date We have adopted a local procurement policy that conforms to the 1/8/2002 following state and federal regulations: 24 CFR Section 85.36 and Section 287.055 Florida Statutes. We will adopt a local procurement policy that conforms to the state and federal regulations prior to the expenditure of any ❑ Yes ❑ No X N/A funds. We have adopted an Affirmative Action Plan that includes Adoption Date procedures for hiring minority contractors and goals for hiring minority employees. 2 11/1992 We will adopt an Affirmative Action Plan that includes procedures for hiring minority contracts and goals for hiring minority ❑ Yes ❑ No X N/A employees prior to expending any funds. We have documentation to verify that the service area(s) have, If necessary, been properly surveyed using the appropriate HUD Section 8 Income Guidelines and that the number of LMI persons X Yes ❑ No residing in the service area(s) are consistent with the number of beneficiaries claimed in this application, We certify that no other source of federal, state, or local disaster I X Yes 1 ❑ No ::1 funds Is available to meet the need for the activities. The local government certifies that It will comply with the following federal and state requirements: 1. Inform affected persons of their rights and the policies set out in 49 CFR 24 and 24 CFR 570.602 2. Florida Small and Minorlty Business Act, s.288.702-288.714, F.S. 3. Florida Coastal Zone Protection Act, s, 161.52-161.58, F.S. 4. Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, F.S. S. National Environmental Policy Act of 1969, as amended and other provisions which further the purposes of this Act 6. National Historic Preservation Act of 1966, as amended 7. Protection of Historic Properties 36 CFR 800 8. Archaeological & Historic preservation Act of 1974, as amended 9. Executive Order 11593 — Protection and Enhancement of Cultural Environment 10, Reservoir Salvage Act (replaced by Archaeological & Historic preservation Act of 1974, as amended) ' 11. Safe Drinking Water Act of 1974, as amended 12. Endangered Species Act of 1958, as amended 13. Executive Order 12898 — Environmental Justice 14. Executive Order 11988 and 24 CFR 55 — Floodplain Management 15. Federal Water Pollution Control Act of 1972, as amended 16. Executive Order 11990 — Protection of Wetlands 17, Coastal Zone Management Act of 1972, as amended 18. Wild and Scenic Rivers Act of 1968, as amended 19. Clean Air Act of 1970, as amended 20. HUD Environmental Standards set out In 24 CFR 58 21. Farmland Protection Policy Act, as amended, as set out in 7 CFR 658 22. Title I of the Housing and Community Development Act of 1974, as amended 23. The Clean Water Act of 1977, as amended 24. Davis -Bacon Act, as amended is f-syr"'fr- .. ^'?'`"•`.'-'�..:u' ..->.fi:; �:u:< e""-"ram. .t' psi:: �'��'-�.`.'•.ia"r"�'.�7! :'r'�s*' '' Fr i : :'S;.'t�r.... s7;i'a::-c .i Packet Pg. 266 7.D.5.a E 25. Contract Work Hours and Safety Standards Act of 1962, as amended 26. Fish and Wildlife Coordination Act, as amended 27. Flood Disaster Protection Act of 1973, as amended 28. Protection of Historic and Cultural Properties under HUD Programs, 24 CFR 58 29. Coastal Zone Management Act of 1972, as amended 30. Federal, State and Local Architectural and Construction Standards 31. Architectural Barriers Act of 1968, as amended 32. Executive Order 11296, relating to evaluation of flood hazards 33. Executive Order 11288, relating to the prevention, control and abatement of water pollution 34. Cost -Effective Energy Conservation Standards, 24 CFR 35. Section 8 Existing Housing Quality Standards, 24 CFR 8 36. Coastal Barrier Resources Act of 1982, as amended 0 37. Federal Fair Labor Standards Act 38, Title VI of the Civil Rights Act of 1964 —Non-discrimination 39. Title VIII of the Civil Rights Act of 1968 — (Fair Housing Act) 40. Age Discrimination Act of 1975 p 41. Executive Order 12892 — Fair Housing U 42. Section 109 of the Housing and Community Development Act of 1974, Non-discrimination J 43. Section 504 of the Rehabilitation Act of 1973 and 24 CFR 8 d 44. Executive Order 11063 — Equal Opportunity In Housing Y 45. Executive Order 11246 — Non-discrimination p 46. Copeland Anti -Kickback Act of 1934, as amended o 47. Hatch Act, as amended c 48. Lead -Based Paint Poisoning Prevention Act, as amended 49. OMB Circulars A-87, A-122, and A-133, as revised 50. Treasury Circular 1075, as revised, regarding drawdown of CDBG funds 51. Single Audit Act of 1984, as amended by the Single Audit Act Amendments of 1996, as amended w 52. Administrative Requirements for Grants, 24 CFR 85 W 53. Section 3 of the Housing and Urban Development Act of 1968, as amended 54. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended 55. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975, as amended r 0 56. Nolse Abatement and Control: Departmental Policy Implementation, Responsibilities, Standards, N 24 CFR 51, Subpart B W 57. Section 102 of the Department of Housing and Urban Development Reform Act of 1989, as amended Signature of Chief Elected Official or Designee (If designee, include resolution in appendices.) MIX 01iP t S4Ya__671 Typed Name and Title V Faye W. Outlaw MPA County Administrator Date 6-27-2011 APPROVED A5 TO FOW !6 L•... '.'E..-X. :irrR!:.z:�r'.:r. i.4'_ .�v�C�. �.__'.i�.-.-.er.y'�.sl,;.."�`?..:�'cL.a«.lr"T��—i *+. .r:""r��:r.�;S: �iT:•�.T=..>,_`:v3l..:E.:�_.a.�,=T..wRa4'. ..."+1r_•s:^Yr_I5.rr:.: Packet Pg. 267 7.D.5.a EF 0P Fll,i,nel by a person other than the chief elected official, is a copy of the required ution Included In the Appendices? X Yes ❑ No Signature of Application Preparer if other than an employee of the Applicant Signature Typed Name and Title Name of Firm or Agency Person Designated by the Applicant to Submit Request for Funds Karen Russell Typed Name and Title Karen Russell,SenlorAccountant Title and Office/Department Finance Departmen& St. Lucie County Clerk of Court Typed Name and Title of Supervisor Shai Francis Finance Director 17 cPm19P!a 7>'iS'!'r �1��I"�3;�:1:'F"t' .,�-.'-F�_.:`�''��L'.i�. LL1:.:' Y•-., .s. � . Packet Pg. 268 7.D.5.a FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM DISASTER RECOVERY INITIATIVE APPLICATION FOR HUD DISASTER RECOVERY FUNDING -DISASTER RECOVERY ENHANCEMENT FUNDS SUBMITTED BY CITY OF PORT ST. LUCIE Project Eligibility, Narratives, Budget and Timeline: • The City of Port St. Lucie identified the projects listed in this application based on the following criteria: o Both projects will benefit low/moderate area: Activity # 031-- Flood and Drainage storm drains, catch basin, retention pond, curb and gutter . This drainage activity is listed as CDBG "Eligible Activity" . PROJECT #1: PARK'S EDGE STORM DRAINAGE UPGRADE: TRACT 21.04, BLOCK GROUP 3 low/moderate % 59.7% low/moderate income beneficiaries: 969 households; $1,408,182 This project will upgrade drainage in a HUD designated low/moderate income area of the City of Port St. Lucie referred to as Parks Edge. It is located just east of the Treasure Coast High School and Windmill Point Elementary School and is subject to significant student walkers and general pedestrians. This area received heavy flooding during Tropical Storm Fay. The HUD map identifies this development Tract 002104 Group 3. U? v Park's Edge was one of the first established developments in the City of Port St. Lucie through the General o Development Corporation (GDC). The City incorporated all GDC properties in 1961. This section was � constructed in the late 1970s. W a_ All home slabs in the Parks Edge development are slightly above the crown of the road elevation. If storm conditions result in flooding and exceed the high point of the road elevation significant damage can be caused to E homes. All roads and drainage features within this development are City owned and have no state and or federal 4) participation responsibility. a, The drainage system is serviced by corrugated metal pipes (CNT) installed approximately 30 plus years ago that are at the end of their useful life and in danger of failing. The intent would be to replace all CMP with corrugated aluminum pipes (CAP) and or corrugated plastic pipes (CPP) where applicable. The life expectancy of CAP pipes is 50 plus years and plastic pipe even longer. We would also plan to use pipe with the same outside diameter as it will mitigate against disruption of existing utilities below ground; water, sewer, electrical, telephone, cable, etc. The drainage inlets are all concrete and deemed salvageable at this time. There exist 12 side lot pipes and 17 cross street inlet pipes that are of varying lengths and diameter. Street inlets receive the storm water and the side lot pipes discharge the storm water at various locations, which consists of lakes and ponds. The intent is to improve receiving areas, lakes, and ponds in the form of excavation and dredging and to provide improved flow characteristics and water quality requirements during rain events. The total cost of these i nprovements is estimated at $1,346,212. It is expected that this work can be completed in 20 months from the County's authorization to proceed with design and construction. The City of Port St. Lucie has adopted the Florida Department of Transportation Specifications when undertaking road and or pipe work. These standards will be utilized in the project. Packet Pg. 269 PARK'S EDGE BUDGET ESTIMATES Application Estimate Measure Cost Side Lot Pipe Replacement 2500 LF $301,197 Mitered Ends 13 EA $ 14,630 Curb Repairs 13 EA $ 19,950 Street Drainage Pipe Replacement 1400 LF $219 480 Drainage Inlet Modification/Replacement 10 EA $ 32,300 Conveyance Channel Upgrade & Disposal 6200 CY $104,335 Sod 30,000 SY $ 92,625 Pond & Lake Restoration & Disposal 9,000 CY $217,503 Environmental Measures 10,000 LF $ 13,538 Traffic Control/MOT 60 days EA $ 66,500 Sectional Repairs -Asphalt 2,000 TN $205,868 Associated Sidewalk Repairs 1000 LF $ 53,200 5% Project Delivery 1 Unit $ 67,056 Total $1,408,182 PARK'S EDGE TIMELINE August 2011 — City receipt of DREF funds November 2011 — Design/Permitting March 2012 — RFP released May 2012 - Contract award March 2013 — Project Completed 7.D.5.a IF 0 r •L 0 U J U) a m 0 0 L 3 Packet Pg. 270 7.D.5.a PROJECT #2: EAST/WEST DUNBROOKE EXTENSION DRAINAGE IMPROVEMENTS: TRACT 16.03, BLOCK GROUP 3; low/moderate income percentage 70.3%, low/moderate income beneficiaries 404 households. $258,851. The project site is located just north of Walton Road in the City of Port St. Lucie Section 51 which serves West Dunbrooks, and Section 53 serving East Dunbrooke in a HUD designated low/moderate income area of the City. This area of the city received heavy flooding during Tropical Storm Fay. Both locations have access to Lennard Road, an Urban Minor Arterial. All roads and sidewalks within this Tract are City owned and have no state and or federal participation responsibility. The Tract also abuts the Sandhill Crane Park, used day and night. Children will walk to nearby bus stop locations throughout this Tract. A storm shelter is also located within this Tract. The East & West Dunbrooke residential project is part of early development in the City of Port St. Lucie, built by the General Development Corporation (GDC) in 1982-83. The construction of closed drainage systems was the preferred application during that era, which included curb and gutter construction. The storm water discharge points are into ponds and canals. The road's drainage system within this project is of significant importance. Home slabs are slightly above the crown of the road elevation. This can cause significant home damages if storm waters exceed this elevation. Also, there is significant pedestrian inter -connectivity through the use of sidewalks. A High School is located just north of both East & West Dunbrooke Circles. Students attending this school will normally walk. The new improvements will further mitigate against home flooding and provide safe pedestrian and vehicular access. Work will consist of improving the outfall points within drainage inventory tracts for East and West Dunbrooke Circles and associated drainage aprons throughout both Circles. The tracts include; West Dunbrooke Tracts G-1 and G-2; and East Dunbrooke Tract G-1 and G-2. The City of Port St. Lucie has adopted the Florida Department of Transportation Specifications when undertaking drainage improvements. These standards will be utilized in the project. EAST/WEST DUNBROOKE EXTENSION BUDGET Application I Estimate Measure Cost Clear/Grubbing 10.5 AC $35,625 Sod 38,000 SY $117,325 Pond Excavation, Restoration & Disposal 8,500 CY $71,250 Embankment Fill 250 CY $4,750 Environmental Measures 1000 LF $6,175 Traffic Control/MOT 10 days EA $11,400 5% Project Delivery 1 Unit $12,326 Total $258,851 EAST/WEST DUNBROOKE EXTENSION TIMELINE August 2011 — City receipt of DREF funds October 2011 — Design/Permitting January 2012 — RFP released March 2012 - Contract award August 2012 — Project Completed Lu ti v 0 N U) w W Packet Pg. 271 7.D.5.b 03/13/2014 13:26 JCity of Port St. Lucie, Florida JPG 1 breina I 1poinqury PURCHASE ORDER 20140399-00 FY 2014 BILL TO IF Public Works Department BLDG B 121 SW PORT SAINT LUCIE BLVD PORT SAINT LUCIE FL 34984-5099 c V VENDOR SHIP TO J N a ST. LUCIE COUNTY COMMUNITY SERVICES DEPARTMEN Public Works Department c BLDG B p DIANA E WESLOSKI/HSNG MGR 121 SW PORT SAINT LUCIE BLVD c 437 NORTH 7TH ST PORT SAINT LUCIE, FL 34984-5099 C FORT PIERCE, FL 34950 Cn w Tel# 772 462-2375 Requisition w Fax# 772 462-2855 465 0 N W DATE VENDOR DATE FREIGHT ORDERED NUMBER REQUIRED METHOD/TERMS DEPARTMENT/LOCATION 03/13/14 209700 09/30/14 FOB Destination ROAD & STREET FACIL-ENG. OPER N co O a LN DESCRIPTION QTY UOM UNIT PRICE NET PRICE d 001 East West Dunbrooke 1.00 ea 14629.400 14,629.40 -J Drainage Improvements co project cost is $190,492.40 c less the amount covered by a St Lucie County's interlocal agreement of $175,863.00 leaving a E remaining balance of $14, z 629.40 to be paid by the Q City of Port St Lucie. PO TOTAL 14,629.40 ** END OF REPORT - Generated by Barney F Za Packet Pg. 272 7.D.5.c RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of funding from the City of Port St. Lucie in the amount of $14,630, for the Community Services Community Development Block Grant (CDBG) Dunbrook Project. r- WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. c 0 U NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, U) a. Florida, in meeting assembled this 15th day of April, 2014, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2013-2014, and the County's budget °o 0 is hereby amended as follows: 0 0 :1=kV=I►U1= 001544-5420-337510-500 City of Port St. Lucie $14,630 W APPROPRIATIONS 42 001544-5420-581085-500 City of Port St. Lucie $14,630 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Paula Lewis, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 15TH DAY OF APRIL 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 273 7.D.6 ITEM NO. (ID # 2029) TO: PRESENTED BY: SUBMITTED BY: I•41I 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners Diana Wesloski, Housing Manager Housing Services Division Parks Edge Bid Award DATE: 04/15/2014 *CONSENT AGENDA\COMMUNITY SERVICES St. Lucie County was granted $2,703,092 in Community Development Block Grant (CDBG) Disaster Recovery Enhancement Funds (DREF) for recovery projects as a result of Tropical Storm Fay. On September 20, 2011 the Board approved entering into an Interlocal Agreement with the City of Port St. Lucie to fund drainage improvements to the area of Parks Edge. The project was advertised on February 9, 2014. Five responses were received. CDBG funding does not allow local preference. The lowest responsive responsible bidder was Melvin Bush Construction. PREVIOUS ACTION: September 20, 2011 - Board approval of the Interlocal Agreement with the City of Port St. Lucie. March 6, 2012 - Board approval to accept grant funds. FINANCIAL IMPACT: Sufficient funding is available in CDBG Grant fund (001544-5420-581085-500). RECOMMENDATION: Board authorization to award Bid No. 14-009 for construction services to Melvin Bush Construction for the Parks Edge drainage project in the amount of $1,071,483.18, which includes the Base Bid and Alternate Bids 1 and 2 funded under CDBG DREF, and authorization for the Chair to sign documents as approved by the County Attorney. 14ca ►] "Wifi;1-1rarLY_Ts"191 F Packet Pg. 274 Coordination/Signatures 1 61, Ryder, Community Services Dir r 4/3/2014 Danie S. McIntyre, C my ttorney 4/14/2014 Updated: 4/3/2014 3:03 PM by Jennifer Hance Page 2 Packet Pg. 275 7.D.6.a BOARD OF - COUNTY PURCHASING COMMISSIONERS DEPARTMENT TABULATION SHEET - BID #14-009 PARK EDGE STORMWATER MANAGEMENT SYSTEM IMPROVEMENTS (CDBG) OPENED: MARCH 19, 2014 AT 4:00 PM FIVE (5) submittals were received for subject proposal: SCHEDULE SCHEDULE SCHEDULE SCHEDULE #1 SUBTOTAL #2 SUBTOTAL #3 SUBTOTAL #4 SUBTOTAL TAN CONSTRUCTION SERVICES, INC. 801 Northpoint Parkway, Suite 5, West Palm Beach, FL $ 82,558.36 $ 1,240,094.81 * $ 124,615.60 * $ 70,034.00 Fax: 561-841-6518 MELVIN BUSH CONSTRUCTION, INC. 2748 SW Casella Street, Port St. Lucie, FL $ 110,726.00 $ 732,564.78 $ 144,772.40 $ 83,420.00 Fax: 772-336-0488 FELIX ASSOCIATES OF FL., INC. 8526 SW Kansas Ave., Stuart, FL $ 128,400.00 $ 897,608.75 $ 115,229.00 $ 67,318.00 Fax: 772-220-2728 SUNSHINE LAND DESIGN, INC. 3291 SE Lionel Terrace, Stuart, FL $ 142,984.97 $ 1,002,068.95 $ 202,972.79 $ 49,431.20 Fax: 772-283-8944 CLOSE CONSTRUCTION LLC 301 NW 4 Ave., Okeechobee, FL $ 187,000.00 $ 1,012,555.00 $ 120,240.00 $ 73,720.00 Fax: 863-763-6337 • MATH ERRORS Number of companies notified*: 593 Number of bid documents distributed*: 45 Number of bids received: 5 *per demandstar.com Packet Pg. 276 ITEM NO. RES-2014-58 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 04/15/2014 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Marie Gouin, Office of Management & Budget Director Budget Division Utility System Improvement and Refunding Bond The Utility System Improvement and Refunding Revenue Bonds, Series 2013 has been issued to refinance $18,465,000 in existing bonds plus $3,800,000 of new money for the expansion of the existing North Hutchinson Island Regional Wastewater Treatment Facility (NHI WWTF). The NHI WWTF expansion will increase the three month average daily flow from 500,000 gallons per day to 850,000 gallons per day in order to accommodate projected flows based on a Capacity Analysis Report dated February 2011. PREVIOUS ACTION: On 11/05/13 the Board approved Resolution 2013-232 St. Lucie County Water and Sewer District Utility System Improvement and Refunding Revenue Bonds, Series 2013. FINANCIAL IMPACT: The refinancing will save the County an estimated $1.79 million in debt service savings for the period of 10/01/14 through 10/01/31. The present value of this savings is $929,917. The refinancing savings will be used to offset the additional portion of the principal and interest payment included for the the new project. The Projected Debt Service Coverage projection indicates that there is adequate debt service coverage in the St. Lucie County Water and Sewer District Operating Fund. RECOMMENDATION: Board approval of the budget resolution. COMMISSION ACTION: Packet Pg. 277 Coordination/Signatures anie S. McIntyre, C my ttorney 3/20/2014 Faye W. Outlaw, County Administrator 4/3/2014 Updated: 3/17/2014 11:43 AM by Robert O'Sullivan A Page 2 Packet Pg. 278 RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of Utility system Improvement and Refunding Revenue Bond. A total of $8,554,122 was not budgeted. 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 151h day of April, 2014, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2013-2014, and the County's budget is hereby amended as follows: REVENUE 471-0000-385100-000 479-3602-385100-3636 APPROPRIATIONS Proceeds from refunding Proceeds from refunding 471-9950-571100-800 Principal Notes 471-9950-572000-800 Additional Expenses -Bonds 479-3602-563000-3636 Infrastructure After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair Commissioner Paula Lewis, Vice Chair Commissioner Chris Dzadovsky Commissioner Tod Mowery Commissioner Kim Johnson PASSED AND DULY ADOPTED THIS 15th DAY OF APRIL 2014. ATTEST: $6,754,122 $1,800,000 $6,687,147 $66,975 $1,800,000 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 279 ITEM NO. (ID # 2011) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Linda Pendarvis, Planner SUBMITTED BY: Planning Division SUBJECT: Creekside Plat No. 3 BACKGROUND: DATE: 04/15/2014 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES On February 20, 2014, the Development Review Committee certified plat approval for the re -plat of Creekside Plat No. 2 to be known as Creekside Plat No. 3. Creekside Plat No. 2 was subdivided with 128 residential lots and recorded in public records March 7, 2007. Since that time no parcels have been sold. The subject property is located on the south side of Okeechobee Road, approximately 1/2 mile west of Gordy Road in the PUD (Planned Unit Development - Creekside) Zoning District. Culpepper & Terpening, Inc. Submitted an application on behalf of D.R. Horton, Inc. to request the abandonment of the 128 residential lots and re -plat Creekside Plat No. 2 as one tract of land area consisting of 58.153 acres. This re -plat of Creekside Plat No. 2 will allow the developer to request the release of the security provided to the County for the subdivision improvements that have not been completed. The County Surveyor has determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. The Environmental Resources Department has completed a site visit and supports the recommendation of approval of the proposed re -plat. The requested re -plat submitted by Culpepper & Terpening, Inc. meets all applicable Land Development Code requirements for subdividing property. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, staff recommends Board approval of the final plat to be known as Creekside Plat No. 3. PREVIOUS ACTION: 11/14/06 Board of County Commissioners entered into Subdivision Improvement Agreement with D.R. Horton, Inc. for Creekside Plat No. 2. 02/13/07 Board of County Commissioners approved Creekside Plat No. 2 final plat and authorized its execution. 03/07/07 Creekside Plat No. 2 plat recorded. Packet Pg. 280 FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of the plat for Creekside Plat No. 3 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures rk S er ree' Plan w6g, & CDe rector 3/31/2014 ia n,44S.Mcanie . Mc"tyre,orney 4/3/2014 Faye W. Outlaw, County Administrator 4/3/2014 updated: 4/3/2014 4:36 PM by Faye W. Outlaw A Page 2 Packet Pg. 281 I 7.K.a I Board of County Commissioners Hearing Date Tuesday April 15, 2014 9:00 A.M. Applicant D. R. Horton, Inc. Rafael Roca 1245 S. Military Trail, Suite 200 Deerfield Beach, FL 33442 Agent Culpepper & Terpening, Inc. Michael T. Kolodziejczyk, PLS 2980 South 25th Street Fort Pierce, FL 34981 File Number BCC CSEN 620134632 Proiect Location South side of Okeechobee Road, approximately 1/2 mile west of Gordy Road Existing Zonin_g PUD (Planned Unit Development Creekside) Staff Recommendation Board approval of the plat for Creekside Plat No. 3 and authori- zation for the Chair to sign docu- ments as approved by the County Attorney. Proiect Manager Linda Pendarvis Planner 772-462-1562 pendarvisl@stlucieco.org PROJECT NAME: Creekside Plat No. 3 Proiect Description On February 20, 2014, the Devel- opment Review Committee certi- fied plat approval for the re -plat of Creekside Plat No. 2 to be known as Creekside Plat No. 3. The project is located on south side of Okeechobee Road approximately 1/2 mile west of Gordy Road in the PUD (Planned Unit Develop- ment-Creekside) Zoning District. The proposed re -plat meets the standards and requirements for the Creekside Planned Unit De- velopment Site Plan in accord- ance with Section 7.01.03 of the Land Development Code. AGENDA ITEM No. 2011 It has been determined that this plat meets all applicable provi- sions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provi- sions of Section 11.03.03(D) of the St. Lucie County Land De- velopment Code, staff recom- mends Board approval of the final plat for Creekside Plat No. 3. Notice Requirements N/A Recommendation Board approval of the plat to be known as Creekside Plat No. 3. y Document Date 02/24/14 Packet Pg. 282 (£ 'ON field 8113lS198JO : 6606 b6-16-Z £ 'ON leld OWS3100a0 :;u9wt43e;;Vy M 00 PLAT BOOK " CREEKSIDE PLAT PAGE Y • m 3 No - BEING A REPEAT OF CREEKSIDE PLAT NO., 29 AS RECORDED IN PLAT BOOK 569 PAGE 24, LYING IN SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, CLERK'S RECORDING CERTIFICATE ST.. LUCIE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF ST. LUCIE CERTIFICATE OF OWNERSHIP & DEDICATION STATE OF FLORIDA COUNTY OF ST. LUCIE SS KNOW ALL MEN BY THESE PRESENTS THAT DR HORTON, INC., AND THE CREEKSIDE COMMUNITY DEVELOPMENT DISTRICT, A CHAPTER 190 COMMUNITY DEVELOPMENT DISTRICT, HAS CAUSED THESE LANDS SHOWN HEREON AS CREEKSIDE PLAT NO. 3, TO BE SURVEYED AND PLATTED AS SHOWN HEREON AND DOES HEREBY DEDICATE THE LANDS AS FOLLOWS: 1) THE DRAINAGE EASEMENTS (D.E.), AS SHOWN HEREON, ARE HEREBY DEDICATED TO THE CREEKSIDE COMMUNITY DEVELOPMENT DISTRICT, A CHAPTER 190 COMMUNITY DEVELOPMENT DISTRICT, ITS SUCCESSORS AND/OR ASSIGNS, FOR THE PURPOSE OF INSTALLATION, OPERATION AND MAINTENANCE OF DRAINAGE FACILITIES, AND ARE THE MAINTENANCE RESPONSIBILITY OF SAID DISTRICT. 2) THE WATER MANAGEMENT EASEMENTS (WME-1, WME-2, WME-3, AND WME-4) AS SHOWN HEREON, ARE HEREBY DEDICATED TO THE CREEKSIDE COMMUNITY DEVELOPMENT DISTRICT, A CHAPTER 190 COMMUNITY DEVELOPMENT DISTRICT, ITS SUCCESSORS AND /OR ASSIGNS, FOR WATER MANAGEMENT PURPOSES AND FOR WATER MANAGEMENT MAINTENANCE PURPOSES AND INCLUDE A 20 FOOT WATER MANAGEMENT EASEMENT FOR MAINTENANCE PURPOSES AND ARE THE MAINTENANCE RESPONSIBILITY OF SAID DISTRICT. R Y: SIGNED AND SEALED THIS ___ DAY OF -------------- 2014, ON BEHALF OF DR HORTON, INC. PAUL ROMANOWSKI - VICE PRESIDENT [CORPORATE SEAL] SIGNED AND SEALED THIS DAY OF DISTRICT, A CHAPTER 190 COMMUNITY DEVELOPMENT DISTRICT B Y: ------------------------------- TOM KINDRED JR. - CHAIRMAN ACKNOWLEDGMENT SIGNATURE PRINTED NAME SIGNATURE PRINTED NAME 2014, ON BEHALF OF CREEKSIDE COMMUNITY DEVELOPMENT STATE OF FLORIDA COUNTY OF ST. LUCIE SS BEFORE ME THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED PAUL ROMANOWSKI, WHO IS PERSONALLY KNOWN TO ME, AND WHO EXECUTED THE FOREGOING CERTIFICATE OF DEDICATION, AND HE DULY ACKNOWLEDGED TO ME THAT HE EXECUTED SAME. BY: ----------------- ---------------- --- SIGNATURE OF NOTARY PUBLIC PRINTED NAME OF NOTARY PUBLIC NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES: ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF ST. LUCIE SS BEFORE ME THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED TOM KINDRED JR., WHO IS PERSONALLY KNOWN TO ME, AND WHO EXECUTED THE FOREGOING CERTIFICATE OF DEDICATION, AND HE DULY ACKNOWLEDGED TO ME THAT HE EXECUTED SAME. BY: ----------------- SIGNATURE OF NOTARY PUBLIC PRINTED NAME OF NOTARY PUBLIC NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES: CONSENT AND ACCEPTANCE OF DEDICATION STATE OF FLORIDA) COUNTY OF _______) S.S. THE CREEKSIDE COMMUNITY DEVELOPMENT DISTRICT, A CHAPTER 190 COMMUNITY DEVELOPMENT DISTRICT HEREBY: 1) ACCEPTS THE DEDICATION OF THE DRAINAGE EASEMENTS AS SET FORTH ON THIS PLAT. 2) ACCEPTS THE DEDICATION OF THE WATER MANAGEMENT EASEMENTS AS SET FORTH ON THIS PLAT. 3) CONSENTS TO THE REPLAT HEREON. DATED THIS DAY OF , 2014. CREEKSIDE COMMUNITY DEVELOPMENT DISTRICT, A CHAPTER 190 COMMUNITY DEVELOPMENT DISTRICT. ATTEST: B Y: TI TLE: FILE NAME: 12-237-CREEKSIDE- PLAT- NO3- COVER. DWG w PROJECT LOCATION, TITLE CERTIFICATION LOCATION MAP NOT TO SCALE STATE OF FLORIDA) COUNTY OF ST. LUCIE) I, JUAN RODRIGUEZ, P.A., AN ATTORNEY AT LAW, FLORIDA BAR NUMBER 0616461, DULY LICENSED TO PRACTICE IN THE STATE OF FLORIDA AND IN GOOD STANDING, HEREBY CERTIFY THAT AS OF ----------------- I HAVE EXAMINED THE RECORD TITLE TO THE LAND DESCRIBED AND SHOWN ON THIS PLAT IS VESTED IN DR HORTON, INC., AND CREEKSIDE COMMUNITY DEVELOPMENT DISTRICT AND ALL MORTGAGES, NOT SATISFIED, RELEASED OF RECORD OR OTHERWISE TERMINATED BY LAW, ENCUMBERING THE LAND DESCRIBED HEREON ARE AS FOLLOWS: NONE PURSUANT TO CHAPTER 197.192 ALL TAXES HAVE BEEN PAID THROUGH THE YEAR 20__. BY: ----------------------- DATE: JUAN RODRIGUEZ, P.A. 2550 BRICKELL BAYVIEW CENTRE 80 S.W. 8th STREET MIAMI, FL 33130 LEGAL DESCRIPTION BEING ALL OF THE PLAT OF CREEKSIDE PLAT NO. 2, AS RECORDED IN PLAT BOOK 56, PAGE 24, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. CONTAINING 58.153 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1) BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 27, HAVING A BEARING OF N89°25'57"E. 2) ALL LINES INTERSECTING CIRCULAR CURVES ARE RADIAL UNLESS NOTED. (N.R.) DENOTES NON -RADIAL. 3) PLAT CONTAINS 58.153 ACRES, MORE OR LESS. 4) 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. SURVEYOR'S CERTIFICATE: STATE OF FLORIDA COUNTY OF ST. LUCIE THIS IS TO CERTIFY THAT THE PLAT AS SHOWN HEREON IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE UNDER MY RESPONSIBLE DIRECTION AND SUPERVISION AND THAT SAID SURVEY IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT PERMANENT REFERENCE MONUMENTS (P.R.M.'S) HAVE BEEN SET AND FURTHER, THAT THE SURVEY DATA COMPLIES WITH ALL OF THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES, AS AMENDED, AND IN ACCORDANCE WITH THE SURVEYING STANDARDS CONTAINED WITHIN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. THIS _________ DAY OF ------------------- 2014. MICHAEL T. KOLODZIEJCZYK PROFESSIONAL SURVEYOR & MAPPER FLORIDA REGISTRATION NO. 3864 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 ------------- 2014. JOSEPH E. SMITH CLERK OF THE CIRCUIT COURT ST. LUCIE COUNTY, FLORIDA COUNTY ATTORNEY: STATE OF FLORIDA COUNTY OF ST. LUCIE SS THIS PLAT IS APPROVED AS TO FORM. DANIEL MCINTYRE COUNTY ATTORNEY ST. LUCIE COUNTY, FLORIDA COUNTY SURVEYOR: STATE OF FLORIDA COUNTY OF ST. LUCIE SS CLERK OF THE CIRCUIT COURT IT IS HEREBY CERTIFIED THAT THE UNDERSIGNED SURVEYOR AND MAPPER DULY LICENSED IN THE STATE OF FLORIDA HAS REVIEWED THIS PLAT FOR CONFORMITY WITH THE REQUIREMENTS OF CHAPTER 177, PART 1, FLORIDA STATUTES. RONALD H. HARRIS, P.L.S. COUNTY SURVEYOR ST. LUCIE COUNTY, FLORIDA COUNTY COMMISSION: STATE OF FLORIDA COUNTY OF ST. LUCIE SS IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THIS ________ DAY OF 2014. CHAIRMAN BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA COUNTY ENGINEER: STATE OF FLORIDA COUNTY OF ST. LUCIE SS IT IS HEREBY CERTIFIED THAT THIS PLAT MEETS ALL MINIMUM SUBDIVISION PLATTING REQUIREMENTS AS SET FORTH IN SECTION 11.03.03 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE. MICHAEL POWLEY, P.E. COUNTY ENGINEER ST. LUCIE COUNTY, FLORIDA ST. LUCIE COUNTY ENGINEER PLANNING & DEVELOPMENT SERVICES STATE OF FLORIDA: COUNTY OF ST. LUCIE: IT IS HEREBY CERTIFIED THAT THIS PLAT MEETS THE MINIMUM LOT DIMENSION REQUIREMENTS OF THE PUD ZONING DISTRICT AS SET FORTH IN SECTION 7.04.00 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE. By: PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA (PRINTED NAME) PREPARED IN THE OFFICE OF: CULPEPPER & TERPENING, INC. 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 CERTIFICATION NO. LB 4286 BIL MICHAEL T. KOLODZIEJCZYK, PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATE NO. 3864 SHEET 1 OF 2 (£ 'ON Ield OPS100aO : 6LOZ) b6-L6-Z £ 'ON leld OWS3100a3 :1u9wt43e11V CREEKSIDE PLAT N0. 3 BEING A REPEAT OF CREEKSIDE PLAT NO. 29 AS RECORDED IN PLAT BOOK 569 PAGE 24, LYING IN SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA 2 1 2 2 (REFERENCE BEARING) 189°25'57"E 2586.56 28 27 / / / / / � FND 4"x4" CM / Ft\GN\11 PRM LB 4286 / 20.00' OFFSET SOUTH 00 / 00 00 M UNPLATTED 22 27 / 7684.0'55 / W 562 21 / / / / 0 O�y' oo R\G ro 11q�5 TRACT A N20'28'55"E R=59.00' 27.26' A=1210'27" L=12.54' R=140.00' �19'17'04" > L=47.12' �3 FND 4"x4" CM PRM LB 4286 OFFSET WEST R=59.00' �42.53'27:1/// jL=44.17' S1 485 2"E R=115.00' A=51.53'18" L=104.15' R=25.00' UNPLATTED A=49'46'19" L=21.72' FND 4%4" CM PRM LB 4286 R=95.00' ,� OFFSET NORTH s ^ s626a A--24*09'11" L=40.05' o 0 �s6s2j,°4 ti1�� R=25.00' L2 o N. co �57'12'10" S77'57'40" 0.o: o o L=24.96' 19.13' N77'57'40"E s� R=25.00' 19.13' 70\�,Q A--51 *19'04" R=25.00' o \� - - - - - _ _ \ a 44�5 00 s �� / - - - S84_52_16_E - L=22.39' �57'12'10" \,4 92� o�„ F\ / 207.85' - - N�°- o od 2 R=95.00 L=24.96 °9 73' / �" " 1° " �, o �11'20'32" 4� S0� <v R=25.00' 3 30447 `37" / A=51 *19'04" N �• L=18.81' 19 C=S44°52 34 E °0 103 ''Vic^ 1 WME-3 �11' TRACT A a '' 3 Ass�� 955 6' s�° �6 R' \Z `�" \ -I (J� N i �.� 1 \ 6"q'2 [� / / 154\`� � 8 4 \ R=25.00' ' o •0.. w ,l N �1G \ o \ °=90°00'00" 0-0 R=187.50' �,��' \ iC6 N o \N, L=39.27' �25.17'25" M ' \ N ^^^� °k2�vl� 2 \ s � I R=165.00' �. „<v \ �r'o �\ `\o- •% L=82.76' • �113°43'19" `yh,' /,1b, \ R=345.00' � %59� Q o o �` \� O I L=327.50' _ �o \ 426.8�70-54'24 N.o;� ��z OE 20058 A. `� yL° s °° R=267.50 a, / [�100°29'22" �i \� �, R=25.00' ��11°49'35" el L=289.39' ��`A=73°10'11" \ \L=55.21' / \ d of �W C=S69 15 58' E ��cro R=530.00' \ � 29.80'A=4°00'41S=L=37.11' WME-2C=N23°15'48"E R_g5� F R=25.00' 37.10' C •34� A=77°27'34" `Ss�ac� CURVE TABLE CURVE RADIUS DELTA LENGTHI CHORD BEARING CHORD C1 645.00 01 °22'33" 15.49 S70°05'42"W 15.49 C2 645.00 01 °46'36" 20.00 S68°31'07"W 20.00 C3 645.00 03°33'27" 40.05 S65°51'06"W 40.04 C4 955.00 00*18'57" 5.26 S70°37'30"W 5.26 C5 955.00 01 *12'00" 20.00 S69°52'01 "W 20.00 C6 955.00 05-11'39" 86.58 S66°40'12"W 86.55 C7 475.00 10-14'44" 84.94 N50°08'35"W 84.83 C8 475.00 02°24'45" 20.00 N56°28'20"W 20.00 C9 165.00 06*17'00" 18.09 N48°09'43"W 18.09 C10 165.00 06°56'57" 20.01 N54°46'42"W 20.00 C11 45.00 38°21'30" 30.13 N78°17'47"E 29.57 C12 45.00 25°40'45" 20.17 N46°16'40"E 20.00 C13 45.00 62°37'23" 49.18 NO2*07'36"El 46.77 C14 190.00 09*47'39" 32.48 S77°58'24"E 32.44 C15 190.00 06°02'02" 20.01 S85°53'15"E 1 20.00 15 cS7z.00 .O's04 L==Bi 5P�,-, 'LR`SO \ \ \ S SO R=525.00' L=33.80 W �\\ \cS�Q. 46 C=S64°25 ���� \ SSQ38 a=22°30'54"N�0 R=655.00' s s o. / �, 861$ `9S �!y \ \90 _ L _206.3 - ? ` _ / / 1g8• A=10°27'52" ' r'' i ;505°q1" 'I'S g\ L=119.63' �\ �24°g5 SR9',S R=275.00' I06 C=N32°1119.46' / 1 �211 OQ �2011,24„ ^� //129 82 N6�o� �L/ D 55� C=S42°26'18"W / 65 00 &, 20.12' TRACT A �� \ WME-4�ryryh„�. rn.o \ � \ `�- off\ v oo' R:19 A 4,05 p_24° WME-1 R=355.00' \ N A=44°35'46" \ L= 276.31 ' R=325.00' ����/ / �p \ \ 1 A=2°48'54" 5 j�/ r�� c\ �\����oOs \ C=N6°269 39' I M C=S57°33'40"E / �� ��� R`3�?0\06''• R=45.00' I O) 15.97' �ZjS� 6' \ A=126°39'38" \ I � p. 9•. \ R=555.00' v F \ A---22*21'21'° L=99.48' IW I 2 L= 216.55' _ _ - - - - _ S82°31'28"E ,s ' R=355.00 =038 11 28' ti o� 0�'12 E 122.75' A-01 *05'17" 95 �0,, oF, L=6.74' R=45.00' 1 �SG�;\ \.� BOO R=25.00 L=56.65' `�\\��\Z �30'43'22" R=295.00 A=19*1549" ` � L=13.41' 1 L=99.18' ��� ' W S37'45'40"E 20.01 W " TRACT A z S34'14 20 E 34.37' ZI R=25.00 ^ o 1 o ��' �O• •�%K h w I A=-38'37'37" '� �L L=16.85' to,j n 4 of Qom. UNPLATTED . 7+12"E =22*21'21" 58122.78E R-355.00' ,QN75 0 43' L=95.59' 5 �24•27'12" 1 4.\ 190 o 1g� L-151.51 <�4 ¢SO R=25.00' A=35.50'15" UNPLATTED L=15.64' 1 /4 SECTION LINE PLAT BOOK PAGE GRAPHIC SCALE 100 0 50 100 ( IN FEET ) 1 inch = 100 ft. LINE TABLE LINE I LENGTH BEARING L1 27.51 S51 °52'34"W L2 23.84 S03°07'53"E L3 28.16 S45°16'47"E UNPLATTED LEGEND DENOTES CENTERLINE FND DENOTES FOUND LB DENOTES LICENSED BUSINESS PLS DENOTES PROFESSIONAL LAND SURVEYOR CM DENOTES CONCRETE MONUMENT IR&C DENOTES 5/8" IRON ROD & CAP IL DENOTES CENTRAL ANGLE R DENOTES RADIUS L DENOTES ARC LENGTH C DENOTES CHORD BEARING & DISTANCE O.R.B. DENOTES OFFICIAL RECORDS BOOK No. DENOTES NUMBER PRM DENOTES PERMANENT REFERENCE MONUMENT 0 DENOTES FOUND 4%4' COMCRETE MONUMENT PRM LB 4286 0 DENOTES SET 5/8" IRON ROD & CAP PRM LB 4286 WIVE DENOTES WATER MANAGEMENT EASEMENT PREPARED IN THE OFFICE OF: CULPEPPER & TERPENING, INC. 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 CERTIFICATION NO. LB 4286 MICHAEL T. KOLODZIEJCZYK PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 3864 SHEET 2 OF 2 N Y V FILE NAME: 12-237-CREEKSIDE-PLAT-NO3-SHT2.DWG TO: 7.M.1 ITEM NO. (ID # 1991) DATE: 04/15/2014 AGENDA REQUEST *CONSENT AGENDA\PUBLIC WORKS Board of County Commissioners Michael Powley, County Engineer SUBMITTED BY: Engineering SUBJECT: Header Canal at Canal No. 74 Headwall Improvements - Acceptance of Project BACKGROUND: During routine inspections, it was observed that the headwall on the west side of the culvert crossing beneath Header Canal Road north of Midway Road required repair. This work is now complete. Approximately 97% of our contingency, or $4,191 was used to complete this project. PREVIOUS ACTION: September 10, 2013 - County Administrator executed the contract for Wilco Construction (C13-09-319) in the amount of $47,602.50 FINANCIAL IMPACT: N/A RECOMMENDATION: Board acceptance of the Header Canal at Canal No. 74 Headwall Improvements project. COMMISSION ACTION: Packet Pg. 285 7.M.1 Coordination/Signatures --N C'TmLl . .. CA .1 Con We t, Public Works Directo — 3i /2014 Danie 5. McIntyre, C my ttorney 3/17/2014 Faye W. Outlaw, County Administrator 4/3/2014 Updated: 3/14/2014 11:22 AM by Linda Buchanan Page 2 Packet Pg. 286 7.M.1.a Qao�ao� TO: FROM: Date: Subject DIVISION OF ENGINEERING Dan McIntyre, County Attorney Mike Powley, County Engineer Nl�P March 6, 2014 IN 1111101IN MAR 112014 COUNTY ATTORNEY Header Canal @ Canal No.74 Headwall Improvements - Wilco Construction - Releases of Lien Attached are the releases of lien on the above referenced project. Please approve for correctness. If you need any additional information please contact me. Jmk Attachments cc: Donald B. West, P.E., Public Works Director Craig Hauschild, P.E., Assistant County Engineer Dc:Dl t (Zu r O-C—R CC 1� QS ► AC rt fCCCi VC7c i l'N 0Lu �E> c a a� L) a v ti U M �a M U L a� CU a) x r 0 z c 0 U R c U L CU x E :.i Q Packet Pg. 287 TO: 7.M.2 ITEM NO. (ID # 1993) DATE: 04/15/2014 AGENDA REQUEST *CONSENT AGENDA\PUBLIC WORKS Board of County Commissioners Michael Powley, County Engineer SUBMITTED BY: Engineering SUBJECT: 18601 Orange Avenue Culvert Sleeving - Acceptance of Project BACKGROUND: During routine inspections, it was observed that the culvert beneath Orange Avenue in the vicinity of 18601 required sleeving in order to maintain its integrity. This work is now complete. None of the contingency was used in this effort. PREVIOUS ACTION: February 10, 2014 - County Administrator executed the contract for Johnson -Davis Inc. (C14-02-045) in the amount of $28,600. FINANCIAL IMPACT: N/A RECOMMENDATION: Board acceptance of the 18601 Orange Avenue Culvert Sleeving project. COMMISSION ACTION: Packet Pg. 288 Coordination/Signatures --N C'TmLl . .. CA .1 Con We t, Public Works Directo — 3i /2014 Danie 5. McIntyre, C my ttorney 3/17/2014 Faye W. Outlaw, County Administrator 4/3/2014 Updated: 3/14/2014 1:23 PM by Linda Buchanan A Page 2 Packet Pg. 289 7.M.2.a TO FROM: Date: Subject: DIVISION OF ENGINEERING Dan McIntyre, County Attorney Mike Powley, County Engineer tJ March 11, 2014 MEMORANDUM TaIECIEUVED MAR 112014 COUNTY ATTORNEY 18601 Orange Ave Culvert Sleeving - Johnson -Davis Inc. - Releases of Lien No releases of lien received on the above referenced project. Please approve for correctness. If you need any additional information please contact me. Jmk cc: Donald B. West, P.E., Public Works Director Craig Hauschild, P.E., Assistant County Engineer Shannon Mieras, Drafting Technician ��► -1 w C. r,cz v< 1`!Of v CC(— i v"Cd cL,.A r-J-TC)' 5 -f'C ��' ` Packet Pg. 290 7.M.3 ITEM NO. (ID # 1997) 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: 04/15/2014 *CONSENT AGENDA\PUBLIC WORKS Indian River Estates Stormwater Improvements Phase II The Indian River Estates (IRE) Phase II project continues the goals of the Phase I pump station built on the corner of Midway Road and Sunset Drive. Phase II replumbs a significant portion of the IRE neighborhood so that gravity drains the neighborhood to the north. The flows towards the pump station are both over land in road side swales and in underground stormwater pipes within the rights -of way of the local neighborhood roads. The Board previously awarded the construction contract to the lowest responsive, responsible bidder, Fountain Engineering, and this work is nearing completion. Dunkelberger Engineering & Testing, Inc. is serving as our construction manager. Ardaman & Associates, Inc. has been providing geotechnical testing services. We have awarded our contractor additional time to complete this project primarily due to inclement weather and for relocation of underground utilities. While this has not affected the extent of the construction activities, it has extended the duration that our consultants are needed, which in turn affected their respective budgets. As we near completion, it is also clear that all of the ten percent construction contingency will not be utilized. It is our request to reallocate $90,000 of the contingency fund to our consultants' contracts. Specifically $75,000 is requested for Dunkelberger Engineering & Testing's account and $15,000 is requested for Ardaman & Associates' account. The amendments are attached. This reallocation will allow them to assist us through completion now scheduled for the end of May 2014. PREVIOUS ACTION: February 9, 2010 - Board approved contract with Inwood Consulting Engineers, Inc. In the amount of $519,903.50. April 26, 2011 - First Amendment for a time extension executed by the County Administrator. Packet Pg. 291 7.M.3 June 21, 2011 - Second Amendment to contract in the amount of $171,332. May 1, 2012 - Board approved contract award to Fountain Engineering, Inc. In the amount of $6,552,568 for IRE Stormwater Improvements Phase II. June 5, 2012 - Board approval of Work Authorization No. 1 (C-09-08-289) with Dunkelberger Engineering & Testing, Inc. for Construction Engineering and Inspection Services in the amount of $1,269,232, Work Authorization No. 6 (C07-07-427) with Ardaman & Associates, Inc. for Geotechnical Testing in the amount of $140,000, Amendment No. 4 (C10-02-280) with Inwood Consulting Engineers for Post Design Services in the amount of $42,704 for Indian River Estates Stormwater Improvements Phase II, approval of CIP 12- 036. January 8, 2014 - First Amendment to Work Authorization 1 with Dunkelberger Engineering & Testing, Inc. and First Amendment to Work Authorization No. 6 with Ardaman & Associates, Inc. for a time extension only executed by the County Administrator. March 14, 2014 - Deductive Change Order from contingency ($90,000) executed by the County Administrator. FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval to reallocate $90,000 of the contingency fund and Second Amendment to Work Authorization No. 1 (C09-08-289) with Dunkelberger Engineering & Testing, Inc. for Indian River Estates Stormwater Improvements Phase II. COMMISSION ACTION: Coordination/Signatures _ W ['on We t, Public Works Director /2014 s 1 Danie 5. McIntyre, C my ttorney 4/3/2014 Faye W. Outlaw, County Administrator 4/3/2014 Updated: 4/1/2014 10:50 AM by Linda Buchanan A Page 2 Packet Pg. 292 7.M.3.a PROJ/PROG #093600 SECOND AMENDMENT TO WORK AUTHORIZATION NO. 01 CONTRACT C09-08-289 THIS AMENDMENT is made as of the day of , 2014 by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and DUNKELBERGER ENGINEERING & TESTING, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on June 23, 2009, the County entered into a Consulting Agreement (Contract No. C09-08-289), hereinafter referred to as "Contract" with the Consultant to provide continuing professional construction management services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, on June 5, 2012, the parties executed work authorization no. 01 for the project known as "Indian River Estates Stormwater Improvements — Phase II"; and, WHEREAS, on January 8, 2014, the parties executed the first amendment to extend the project schedule; and, WHEREAS, the parties desire to further amend the work authorization to increase the 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 (C09-08-289). The additional Page 1 of 3 Packet Pg. 293 7.M.3.a 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" which is attached hereto and made a part of this work authorization and incorporated herein. 2. COMPENSATION: The cost to perform all additional services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of seventy five thousand and 00/100 dollars ($75,000.00), as further detailed in Exhibit "B" for a total not to exceed work authorization amount of one million three hundred forty four thousand two hundred thirty one and 75/100 dollars ($1,344,231.75). 3. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the original work authorization and the Continuing Contract shall remain in full force and effect. 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 shall complete all work on or before December 31, 2014 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 Fifty Dollars ($50.00) 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 her 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. Page 2 of 3 Packet Pg. 294 7.M.3.a 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. BOARD OF COUNTY COMMISSIONERS WITNESSES: ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: DUNKELBERGER ENGINEERING & TESTING, INC. BY: Print Name: Title: Page 3 of 3 Packet Pg. 295 7.M.3.a ®UNKEhBERGER • Fort Lauderdale engineering &testing, inc. Port Saint LucieSarasota Alrerracan COMPANY West Palm Beach St. Lucie County Engineering Division March 31, 2014 2300 Virginia Avenue Proposal No. HB091914 Ft. Pierce, Florida 34982 Attention: Mr. Michael Harvey, E.I.... via email (harveym@sllucieco.org) Project Manager Subject: Amendment #2 to Contract C09-08-289 Construction Engineering Inspection (CEI) Indian River Estates Stormwater Improvements — Phase II St. Lucie County, Florida Dear Mr. Harvey: INTRODUCTION Pursuant to our discussions, Dunkelberger Engineering & Testing, Inc., A Terracon Company (Dunkelberger) is respectfully requesting amendment to our compensation for the subject contract. This request is being made in connection with the County's approved extension of the Project Final Completion from the original contract date of March 21, 2014 to July 25, 2014. SCOPE OF SERVICES —Exhibit A Dunkelberger's services under Contract C09-08-289 include providing construction administration, monitoring, and inspection to ensure that the project is built in conformance with the plan and specification requirements of the contract documents. COMPENSATION — Exhibit B Our original budget estimate for the project was based on a 21 month schedule with a February 2014 completion date. With a July 25, 2014 final completion, the CEI services will be required for an additional approximately 4 months (accounting for non -work weather days) beyond the original schedule. Through diligent management of our inspection staff, we have been able to extend our original budget to cover the project for an additional 3 months through the end of May. However, to cover the required inspection work through the current July 25, 2014 Final Completion date, we respectfully request an amendment in the amount of $75,000 to Contract C09-08-289. These services will be provided on a unit rate basis in accordance with our contract. This will be Amendment No. 02 to Contract C09-08-289. Amendment No. 01 to the subject contract was for a time extension providing for a December 31, 2014 final completion date. These services will be provided on a unit rate basis in accordance with our contract. State of Florida Board of Professional Engineers Authorization No. 6870 Toll Free (877) 643,6832 Packet Pg. 296 7.M.3.a Indian River Estates Amendment 2 to C09-08-289 Page 2 Project No. HB091914 o Should you have any questions or comments concerning this information, please feel free to contact me at your convenience. Sincerely, DUNKELBERGER ENGINEERING & TESTING, INC. A TERRACON COMPANY Craig E. Dunkelberger, P.E. Senior Associate N:120091HBO91914 DUNKEbBERGER Packet Pg. 297 7.M.3.a CouNTY F L O R I D A PROJ/PROG #093600 SECOND AMENDMENT TO WORK AUTHORIZATION NO. 06 CONTRACT C07-07-427 THIS AMENDMENT is made as of the day of , 2014, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Ardaman & Associates, Inc., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on July 24, 2007, the County entered into a Consulting Agreement (Contract No. C07-07-427) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, on June 5, 2012, the parties executed work authorization no. 06 for the project known as "Indian River Estates Stormwater Improvements — Phase II"; and, WHEREAS, on January 8, 2014, the parties executed the first amendment to extend the project schedule; and, WHEREAS, the parties desire to further amend the work authorization to include an expanded scope of services and increase in 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 (C07-07-427). The additional services to be provided by Consultant on the Project shall be for those as outlined in the Scope Page 1 of 3 Packet Pg. 298 7.M.3.a of Services attached hereto as Exhibit "A" which is attached hereto and made a part of this work authorization and incorporated herein. 2. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of fifteen thousand and 00/100 dollars ($15,000.00), as further detailed in Exhibit "B" for a total not to exceed work authorization amount of one hundred fifty five thousand and 00/100 dollars (155,000.00). 3. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the original work authorization and the Continuing Contract shall remain in full force and effect. 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 shall complete all work on or before December 31, 2014. 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 Ten Dollars ($10.00) 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 her 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. Page 2 of 3 Packet Pg. 299 7.M.3.a BOARD OF COUNTY COMMISSIONERS WITNESSES: ST. LUCIE COUNTY, FLORIDA BY: COUNTY ADMINISTRATOR WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ARDAMAN & ASSOCIATES, INC. Print Name: Title: Page 3 of 3 Packet Pg. 300 7.M.3.a Ardaman & Associates, Inc. Cseoter,luaicil, Ertvirunmental ind MatErials Consultants Indian River Estates Stormwater Improvements — Phase II St. Lucie County Engineering Department Ardaman and Associates, Inc. (Ardaman) is pleased to have the opportunity to submit this proposal to St. Lucie County to continue to provide construction materials testing services for the Indian River Estates Stormwater improvements project in St. Lucie County. Ardaman's work will be furnished to St. Lucie County under their current (July 2007) Continuing Services Contract. A more specific breakdown of the additional services required for this scope of work and compensation is provided hereafter. SCOPE OF SERVICES — Exhibit A Based on our understanding of the remaining services needed to complete the project, we anticipate that our services will primarily involve performance of the following tasks: In -Place Density Testing — measuring the field (in -place) density of backfill used for pavement materials, driveways and drainage pipe/structures. Laboratory Testing — determining the laboratory maximum density of compacted materials (Proctor and Limerock Bearing Ratio tests) to verify specification compliance. Engineering and Reporting — provide oversight during the construction to coordinate the aforementioned test program and engineering review of the test results. Copies of our Daily Field Report with preliminary results of all field tests will be provided to the project contractor upon leaving the project site each day. Final test results are pending engineer's review. COMPENSATION — Exhibit B These services will be provided on a unit rate basis in accordance with our July 2007 St. Lucie County Continuing Services contract and the rates provided below. We have established an estimated not -to - exceed fee of $15,000.00. We understand that this work will be authorized with a work authorization issued by St. Lucie County and that the work will be carried out under the terms and conditions of our St. Lucie County Consultant Agreement. Packet Pg. 301 7.M.4 ITEM NO. RES-2014-59 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Don West, Public Works Director Public Works Citrus & Saeger Stormwater Improvements DATE: 04/15/2014 *CONSENT AGENDA\PUBLIC WORKS Spring 2013, the County received funding in the amount of $388,023 through a Local Governmental Agreement with South Florida Water Management District (SFWMD). The County supplied a required match of 50% or $388,023. Construction of the wet detention pond is ongoing. Recently, the County received a Florida Department of Environmental Protection (FDEP) grant agreement for an additional $500,000 toward the White City Drainage Improvement Project. The total match required $535,000. The match will be a combination of the SFWMD Funds in the amount of $381,291 and a portion of County funds in the amount of $153,709. Combined the SFWMD and FDEP grants make available $1,416,291 total funding toward the project. The funding will assist the County's "in-house" crew with construction of a stormwater conveyance and treatment system that will provide water quality and flood attenuation for storm water runoff from the 42-acre residential neighborhood in the vicinity of Citrus and Saeger Avenues. The attached Budget Resolution establishes the fund for White City Drainage Citrus & Saeger, Phase 1 project. PREVIOUS ACTION: March 5, 2013 - Board approved Local Governmental Agreement with the South Florida Water Management District (SFWMD) in the amount of $381,290 for White City Drainage Project - Phase 1 May 7, 2013 - Board approved Budget Resolution establishing the initial funds for the South Florida Water Management District (SFWMD) Governmental Agreement for White City Drainage project in the amount of $381,291 May 21, 2013 - Board approval of Amendment No. 1 to SFWMD Agreement in the amount of $6,732.51 and Budget Resolution for the White City Drainage project FINANCIAL IMPACT: SFWMD grant funds are located in account no. 102813-3725-563000-133621. Packet Pg. 302 Matching funds, in the amount of $153,709 are available in 102001-3725-563000-133621 (Stormwater MSTU Project for White City Drainage Citrus & Saeger, Phase 1 project). RECOMMENDATION: Board approval of DEP Agreement No. G0382 in the amount of $500,000 and Budget Resolution establishing funds for the White City Drainage Project - Citrus & Saeger Stormwater Improvements and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures )Z�djo I Danie s. McIntyre, c my ttorney 4/3/2014 Updated: 4/7/2014 10:33 AM by Kelly Phelan Page 2 Packet Pg. 303 7.M.4.a RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a grant of $500,000 from the U.S. Environmental Protection Agency (EPA) through the State of Florida Department of Environmental Protection. This is for assistant to the Citrus Saeger Stormwater Treatment project estimated at $1,167,000. 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 15t" day of April, 2014, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2013-2014, and the County's budget is hereby amended as follows: REVENUE 102114-3725-331390-133621 APPROPRIATIONS 102114-3725-563000-133621 102114-3725-512000-133621 US Environmental Protection Agency Infrastructure Salaries After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair Commissioner Paula Lewis, Vice Chair Commissioner Chris Dzadovsky Commissioner Tod Mowery Commissioner Kim Johnson PASSED AND DULY ADOPTED THIS 15th DAY OF APRIL 2014. ATTEST: XXX XXX XXX XXX XXX $500,000 $300,000 $200,000 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA yis CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 304 7.M.4.b DEP AGREEMENT NO. C0382 STATE OF FLORIDA GRANT AGREEMENT PURSUANT TO ENVIRONMENTAL PROTECTION AGENCY GRANT AWARD(S) THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 (hereinafter referred to as "Grantee"), a local governmental entity, to provide financial assistance for Citrus Saeger Stormwater Treatment Train. WHEREAS, the Department is the recipient of federal financial assistance from the U.S. Environmental Protection Agency (EPA) through Grant Agreement No. C9-99451513-0; and, WHEREAS, the Grantee has been determined to be a subrecipient of federal financial assistance from the EPA; and, WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in performance of its activities pursuant to this Agreement. NOW, THEREFORE, in consideration of the promises and the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and remain in effect for a period of thirty-six (36) months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by EPA and/or the Legislature. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $500,000.00 towards the total estimated project cost of $1,167,000.00. The parties hereto understand and agree that this Agreement requires at least 46% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $535,000.00 through cash or third party in -kind, towards the work funded under this Agreement. All match shall meet the federal requirements established in 40 CFR Part 30, 40 CFR Part 31 and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230) and A-21 (2 CFR 220), as applicable. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The Grantee will report those expenditures to the Department in the Final Report as required under Task 6 in Attachment A. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs, upon the completion, submittal and approval of the deliverables identified in Attachment A. Reimbursement shall be requested, utilizing Attachment B, Payment Request Summary Form, in accordance with the schedule in Attachment A. Each payment request must be accompanied by Attachment C, MBE/WBE Procurement Reporting Form. Failure to provide Attachment C shall result in a delay in processing the payment until such time as the appropriate information is DEP Agreement No. G0382, Page I of 14 Packet Pg. 305 7.M.4.b provided to the Department. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment request should be submitted to the Department no later than sixty (60) days following the completion date of the Agreement, to assure the availability of funds for payment. Each payment request submitted shall document all matching funds and/or match efforts (i,e, in -kind services) provided during the period covered by each request. The final payment request shall not be processed until the match requirement has been met. C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement, In accordance with the Attachment D, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows: Salaries/Wages —The Grantee shall not be reimbursed for direct salaries or multipliers (i.e., fringe benefits, overhead, and/or general and administrative rates) for Grantee's employees. However, the Grantee may document these expenditures for meeting its match requirements. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. in this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed price amount, the Grantee may proceed in finalizing the fixed price subcontract. C. All subcontracts are subject to the provisions of paragraph 13 and any other appropriate provisions of this Agreement which affect subcontracting activities. iii. Travel — The Grantee will not be reimbursed for travel expenses under the terms and conditions of this Agreement. iv. Equipment — Capital outlay costing S 1,000 or more) — Reimbursement for the purchase of equipment is subject to specific approval of the Department. Include copies of invoices DEP Agreement No. G0382, Page 2 of 14 Packet Pg. 306 7.M.4.b or receipts to document purchases, and a properly completed Attachment E, Property Reporting Form, Other Expenses — e.g., Materials, supplies, non -excluded phone expenses, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices. Additionally, independent of the Grantee's contract obligations to the subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage, attorneys fees, civil or administrative penalties, handling fees, such as set percent overages associated with purchasing supplies or equipment. D. In addition to the invoicing requirements contained in paragraphs 3.13. and C. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits), State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at littp://www.fldfs.con-/aadir/reference%5Fguide; allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at hitp://www.access.gpo.gov/nara/cfr/cfr-table-search.litml and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be found in OMB Circulars A-102 and A-] 10 (2 CFR 215) at ittp://www.wh itehotise.gov/omb/circulars/index.html i#numerical. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable, The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this Agreement. Management fees or similar charges may not be used to improve or expand the project hmded under this Agreement, except to the extent authorized as a direct cost of carrying out the work identified in Attachment A, Grant Work Plan. F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. Organization Type Applicable Cost Principles State, local or Indian tribalgovernment: OMB Circular A-87 (2 CFR 225) Private non-profit organization other than (1) an OMB Circular A-122 (2 CFR 230) institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-]22 as not subject to that circular. Education Institutions OMB Circular A-21 (2 CFR 220) For -profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles organization named in OMB A-122 as not subject and Procedures, or uniform cost to that circular. accounting standards that comply with cost principles acceptable to the federal a enc . Hospital 45 CFR Subtitle A - Appendix E to Part 74-Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals DEP Agreement No. G0382, Page 3 of 14 Packet Pg. 307 7.M.4.b G. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by - program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration, Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. H. The federal funds awarded under this Agreement must comply with The Federal Fitud%rg Accountability and Transparency Act (FFATA) of 2006, The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpendinp,..ov, Grant Recipients awarded a new Federal grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Department to comply with this requirement. The table below identifies the funding supporting this Agreement and EPA Grants providing the funds. EPA Grant Number CFDA Program Title Funding Amount C9-99451513-0 66.460 Nonpoint Source Implementation $500,000 Grants Total Funding: $500,000 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of fixture appropriations. 5. A. Progress Reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. Each Progress Report shall be submitted on Attachment F, Progress Report Form, and shall describe the work performed DEP Agreement No. G0382, Page 4 of 14 Packet Pg. 308 7.M.4.b during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. The Final Project Report shall be submitted no later than the completion date of the Agreement. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. Final payment, up to ten (10) percent of the total Agreement amount identified in paragraph 3,A., may be withheld until all work is completed, all deliverables have been submitted, match requirements have been met and the Final Project Report has been received and approved. B. A draft comprehensive final report (hard copy and electronic) must be submitted no later than sixty (60) days prior to the completion date of the Agreement. The Department will review the draft final report and provide comments for inclusion in the final report within thirty (30) days. Five (5) hard copies, plus one electronic copy in Adobe.pdf format or Microsoft Word Format, of a comprehensive final report must be submitted no later than the completion date of the Agreement. The Grantee's final report shall include an accounting of all project expenses, a report of all matching funds contributed on behalf of the Grantee, and a statement acknowledging that the project has been supported by a grant from the U.S. Environmental Protection Agency. The following language shall be included on the cover page of the final project report: "This project and the preparation of this report was funded in part by a Section 319 Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection Agency through an agreement with the Nonpoint Source Management Section of the Florida Department of Environmental Protection. The total cost of the project was $[show actual amount], of which $[show actual amount] or [show actual percentage] percent was provided by the U.S. Environmental Protection Agency." Additionally, all other final deliverables required by this Agreement (such as booklets, pamphlets, videos, scientific papers, etc.) which were funded in whole or in part by federal sources shall include the language below to acknowledge the federal government's participation in the project. "This (booklet, pamphlet, video, paper, etc. as appropriate) was funded in part by a Section 319 Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection Agency through an agreement with the Nonpoint Source Management Section of the Florida Department of Environmental Protection." C. The Grantee agrees to provide a copy of any draft; report and/or final report to the Department before making, or allowing to be made, a press release, publication, or other public announcement of the project's outcome. This shall not be construed to be a limitation upon the operation and applicability of Chapter 119, Florida Statutes. D. The Grantee agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement under this Agreement. The Grantee accepts the Minority Business Fnterprise/Women's Business Enterprise (MBE/WBE) "Fair Share" goals and objectives negotiated with EPA as follows: Florida Fair Share Goals Indus" Goal Equipment 9% MBE and 3% WBE Su lics Services Construction ii. If the Grantee does not want to rely on the applicable State's MBE/WBE goals, the Grantee agrees to submit proposed MBE/WBE goals based on availability of qualified minority and women -owned businesses to do work in the relevant market for construction, DEP Agreement No. G0382, Page 5 of 14 Packet Pg. 309 7.M.4.b services, supplies and equipment. "Fair Share" objectives must be submitted to the EPA Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within thirty (30) calendar days of award and approved by EPA no later than thirty (30) calendar days thereafter. Copies of all correspondence with EPA shall also be forwarded to the Department's Grant Manager. iii. The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "Fair Share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. iv. The Grantee agrees to include in its bid documents the applicable "Fair Share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "Fair Share" percentages. V. The Grantee agrees to follow the six good faith efforts or positive efforts stated in 40 C.F.R. 33, as appropriate, and retain records documenting compliance. vi. The Grantee agrees to submit a report documenting MBE/WBE utilization under federal grants in conjunction with the required payment request form (see paragraph 3.C). vii. If race and/or gender neutral efforts prove inadequate to achieve a "Fair Share" objective, the Grantee agrees to notify the Department and EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the "Fair Share" objective. viii. In accordance with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988, the Grantee agrees to utilize and to encourage any prime contractors under this Agreement to utilize small businesses located in rural areas to the maximum extent possible. The Grantee agrees to follow the six affirmative steps stated in six good faith efforts stated in 40 C.F.R. 33, as appropriate, in the award of any contracts under this Agreement. In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007) and/or 40 CFR 30.16, the Grantee agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this Agreement and delivered to the Department. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement does not apply to invoices and their documentation, which are required to be single sided. This requirement applies even when the cost of recycled paper is higher titan that of virgin paper. F. Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U,S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. DEP Agreement No. G0382, Page 6 of 14 Packet Pg. 310 7.M.4.b A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. C. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section I I9.07(1)(a), Florida Statutes. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: l) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPS must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions. DEP Agreement No. G0382, Page 7 of 14 Packet Pg. 311 7.M.4.b A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. Other Grantee costs daring suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. The costs result from obligations which were properly incurred by the Grantee before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancelIable. The cost would be allowable if the Agreement were not suspended or expired nonrialiy at the end of the funding period in which the termination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. 10. The Department shall have the right to demand a refund, either in whole or part, of the funds provided to the Grantee for noncompliance with the terms of this Agreement. 11. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The United States Environmental Protection Agency, the Comptroller General of the United States, the Department of Environmental Protection, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five (5) years following final disposition. 12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment G, Special Audit Requirements, attached hereto and made a part hereof. Exhibit I to Attachment G summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment G. A revised copy of Exhibit I must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at (850) 245-2361 to request a copy of the updated information. DEP Agreement No. G0382, Page 8 of 14 Packet Pg. 312 7.M.4.b B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement, The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment F, Exhibit I when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B,. Section .210 for determining whether the relationship represents that of a subrecipient or vendor, For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 13. A. The Grantee may not subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is ultimately responsible for all work performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Grantee agrees to comply with the procurement requirements contained in 40 C.F.R. 31.36 for its selection of subcontractors. C. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-091 S. 14, A. The Grantee certifies that no Federally -appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non -Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment H, Standard Form-LLL, "Disclosure of Lobbying Activities" and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. 140 CFR 341 B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency, C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made DEP Agreement No, G0382, Page 9 of 14 Packet Pg. 313 7.M.4.b pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. D. The Grantee's Chief Executive Officer shall certify that no funds provided under this Agreement have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Grantee shall submit Attachment I, "Lobbying and Litigation Certificate" to the Department within ninety (90) days following the completion of the Agreement period. 15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. 17. The Department's Grant Managers (which may also be referred to as the Department's Project Managers) for this Agreement are identified below. Technical Amanda Peck Florida Department of Environmental Protection Bureau of Watershed Restoration 2600 Blair Stone Road, MS# 3570 Tallahassee, Florida 32399-2400 Telephone No.: (850) 245-8425 Fax No.: (850) 245-8434 I E-mail Address: Amanda. eck de .state.n us Administrative Connie Becker Florida Department of Environmental Protection Bureau of Watershed Restoration 2600 Blair Stope Road, MS# 3510 Tallahassee, Florida 32399-2400 Telephone No.: (850) 245-5505 Fax No.: (850) 245-8434 I E-mail Address: Coniiie.L.Becker@d—cpstate.fl.us 18. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. Jason M. Besse St. Lucie Count Engineering Department 2300 Virginia Street Ft. Pierce, Florida 34982 Telephone No.: (772) 462-1668 Fax No.: (850) 462-2881 E-mail Address: besse stlucieco.or DEP Agreement No. G0382, Page 10 of 14 Packet Pg. 314 7.M.4.b 19. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 20. A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $100,000 each occurrence and $300,000 aggregate. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or anyone directly or indirectly employed by him. B. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or by anyone directly, or indirectly employed by him. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable $300,000 Hired and Non -owned Liability Coverage C. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. Such insurance shall include the State of Florida as an Additional Insured for the entire length of the Agreement. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice (with the exception of non-payment of premium which requires a 10 day notice) to the Department's Procurement Administrator, 21. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 22. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the non -expendable personal property or equipment purchased under this Agreement. However, the Grantee shall complete and sign Attachment E, Property Reporting Form, DEP 55-212, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the non -expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non -expendable personal property or equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non -expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. 23, The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change DEP Agreement No. G0382, Page I 1 of 14 Packet Pg. 315 7.M.4.b orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 24. The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) establishes a number of fire safety standards which must be met for hotels and motels. The Grantee acknowledges that Federal funds may not be used to sponsor a conference, meeting, or training seminar held in a hotel or motel which does not meet the requirements of the Hotel and Motel Fire Safety Act of 1990. 25. If the Grantee's project involves environmentally -related measurements or data generation, including the development of models that may be used in regulatory decisions, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of -control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment J, Quality Assurance Requirements. 26. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 27. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 180 and 1532), the Grantee agrees and certifies 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; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by EPA to the Department. The Grantee shall include the language of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 28. The Environmental Protection Agency and Department reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant. B. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 29. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment K, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment L Regulations, attached hereto and made a part hereof, shall apply to this Agreement. DEP Agreement No. G0382, Page 12 of 14 Packet Pg. 316 7.M.4.b 30. Land acquisition is not authorized under the terms of this Agreement. 31. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 32. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By:_ Title:* Date: FEID No.: 59-6000406 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 1-3 Secretary or designee Date: Lk AmZk, EPGrant Manager Connie Becker, DEP Grant Manager (?J4��, DEP Contracts Admin s rator Approved as to form and legality: DEP Attorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. DEP Agreement No. G0382, Page 13 of 14 Packet Pg. 317 7.M.4.b List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (14 Pages) Attachment B Payment Re uest Summary Form and Instructions 2 Pages) Attachment C MBE/WBE Procurement Reporting Form and Instructions (3 Pages) Attachment D Contract Payment Requirements 0 Page) Attachment E Property ReportingForm orm (1 Page) Attachment F Progress Report Form Q Page) Attachment G Special Audit Requirements (5 Pages) Attachment H Disclosure of Lobbying Activities (2 Pages) Attachment I Lobbying and Litigation Certificate (1 Page) Attachment J Quality Assurance Requirements (14 Pages) Attachment K Contract Provisions (4 Pages) Attachment L Regulations (1 Page)___ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0382, Page 14 of 14 Packet Pg. 318 7.M.4.b ATTACHMENT A GRANT WORK PLAN PROJECT NAME: Citrus Saeger Stormwater Treatment Train 319(h) PROJECT FUNDING: $500,000 REQUIRED MATCH: $535,000 ADDITIONAL REQUIRED EXPENDITURES (Not Required Match): $132,000 LEAD ORGANIZATION: St, Lucie County Engineering Department FINANCIAL COOPERATING PARTNERS: L St. Lucie County; 2. South Florida Water Management District --St. Lucie River Issues Team funding; 3. Indian River Lagoon Program PROJECT LOCATION AND WATERSHED CHARACTERISTICS: Geographic Location: White City, unincorporated area St. Lucie County (SLC) Impacted Watershed Name: White City Watershed Size of Project Impact: 4.06 acres Size of Area Being Treated: 41.06 acres Latitude: 27' 21' 1 l" N (27.353056) Longitude: 80' 20' 2 1 " W (-80.339167) Hydrologic Unit Code: 03080103 St. Lucie River Estuary (SLE) Watershed WBID: 3194 Impaired waterbody affected: North Fork St. Lucie River, WBID 3194 Impairment: North Fork St. Lucie River (Freshwater) WBID 3194: The Total Maximum Daily Loads (TMDLs) for the North St. Lucie (Freshwater) are to achieve 0.091 mg/L total phosphorus (TP), 0.72 mg/L total nitrogen (TN), and 2.0 mg/L biological oxygen demand (BOD) for this segment. Based on data in the period from 1996 to 2005, the cumulative load from alt sources is 140,134 lbs/year total nitrogen, 15,765 Ibs/year total phosphorus and 2.0 mg/L biological oxygen demand. The Load Allocations for nonpoint sources are 25.0% reduction of total nitrogen, 42.2% reduction of total phosphorus, and 74.0% reduction of biological oxygen demand. TMDL Status: TMDL adopted, effective 5/14/2012 BMAP Status: Action plan activities in progress Land Uses within the area being treated: Land Use Acres % Residential Low Density (1100) 0 0 Residential Medium Density (1200) 21,49 52.3 Residential High Density (1300) 0 0 Commercial and Services (1400) 0 0 Industrial (1500) 0 0 Extractive (1600) 0 0 Institutional (1700) 0 0 Recreational (1800) 0 0 Open Land (1900) 0 0 Agriculture (2000) 0 0 Upland Non -Forested (3000) 0 0 Upland Forests (4000) 15.56 37.9 Water (5000) 4.01 9.8 Wetlands (6000) 0 0 Barren Land (7000) 0 0 Transportation, Communication, and Utilities (8000) 0 0 Land Use Totals (Acreage and % 41.06 100 DEP Agreement No. G0382, Attachment A, Page l of 14 Packet Pg. 319 7.M.4.b LAND OWNERSHIP STATUS: Land necessary for the construction of treatment infrastructure has been acquired Title is held by St. Lucie County PROJECT OVERVIEW: The project basin is 41.06 acres consisting ofcurrent land uses of Medium Density Residential and Upland Hardwood Forest -Brazilian Pepper. The existing drainage basin drains via a network of roadside ditches with cross culverts at driveways and roadways that ultimately discharge to a ditch that drains to the North Fork of the St. Lucie River. The existing basin is poorly drained and experiences significant flooding due to the inadequate conveyance provided by the existing ditches and culverts. These historical ditches can only be maintained in their current state. The County has found that widespread private ownership of needed easements significantly limits options available for storm water management. The Citrus Saeger retention pond site is ideally situated between residential areas and the North Fork of the St. Lucie River on County -owned land. This project represents the best opportunity to mitigate damage in the low- lying area between the North Fork and U.S. 1 in White City. The proposed project involves the addition of a 4.01-acre detention lake, upgrading the storm water conveyance system (re -grade grass swales), and utilize `Floc Logs' (Polyacrylamide) to reduce erosion and nutrient loads. The treatment train will consist of grass swales collecting storm run-off from the 37.05 acres of residential and vacant areas. The run- off will be conveyed to a 4.01-acre lake where a mechanism (Pond DoctorTM type of Best Management Practice (BMP)) will be installed to pump water through the Polyacrylamide (PAM) `Floc Logs' and then reside in the 4.01-acre lake. The basin will be controlled by a single control structure, which discharges to the existing outfall ditch to the North Fork of the St. Lucie River. The proposed storm water management system will utilize a pond doctor and provide increased flood protection for the basin, additional water quality treatment, nutrient load reduction, and additional attenuation of runoff from the basin. It is anticipated that the project will reduce pollutant loadings to the North Fork of the St. Lucie River and the Indian River Lagoon (IRL) of 95.9% for Total Suspended Solids (TSS); 76.9% for TP, and 41.5% for TN. Water quality monitoring and education are planned for the project. The project's total cost is estimated at $2,264,980. This grant request to the Florida Department of Environmental Protection (FDEP) is for $500,000. Additional match of $381,291 will be provided for construction costs by the South Florida Water Management District's St. Lucie River Issues Team (SLRIT) under Agreement No. 4600002795 which requires a 50% match by St. Lucie County (and that match amount in not part of this agreement). ESTIMATED POLLUTANT LOAD REDUCTION: MODEL USED: This is a structural BMP project. The model used was the EPA's Spreadsheet Tool for Estimating Pollutant Load (STEPL) 2007. The storm water strategy for this project will be the reduction of suspended solids and nutrients from runoff using BMP's to trap sediment and remove nutrients. Currently there is limited storm water treatment employed in this drainage basin, consisting primarily of conveyance swales. This project is anticipated to reduce estimated pollutant loading from the project area runoff that is currently degrading water quality and reducing seagrass propagation downstream in the St. Lucie River Estuary. A water quality monitoring program will be implemented to evaluate the pollutant removal efficiency of the constructed treatment train BMPs. EMCS USED IN MODEL: Event Mean Concentrations (EMC) used are from the FDEP TMDL WATER QUALITY GRANT APPLICATION Attachment l as shown in Figures l & 2 below. The methodology and efficiency values used in this worksheet were developed by the Illinois Environmental Protection Agency. Efficiency values for TN and TP were evaluated using the Harper Method for South Florida. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0382, Attachment A, Page 2 of 14 Packet Pg. 320 7.M.4.b Figure 1. Pollutant load calculations and EMCs for Grass Swales. URBAN RUNOFF BMP POLLUTANT LOAD REDUCTION WORKSNEET Please fill in the gray -areas below. vat ..,s. wo•i»., :a: o•4 .sric rO= d:cc lr; ^P';rD_Ve AT --;I ..A_-Y 0,--AN- , V% �%,T �..•`3 ,r c:.l • i:.: •rd' �dn`c,% .. arA C"C L"'Cy v:fl_— 3-:1 !t •: W_ek:•ir. a: v.ch: Ccrckp Cy'I.: '.1'J'I ••�,•.'.i ^, ::1 t'. C'1 A::C:�C�. MI6»c'�l'Y lCr 7h :. !. Yf' wcfC c::vJa:•! 1.. ;'} _• I r:P Jc• :rc.^CC 'Y :o-�: h. Please Select a Best Management Practice: Grass Swales Please enter landuse of con lributing.rdrainuge area In acres: Resdertial Levi Density Resder;lai Sirglu Family Res der-- :'ulli Fa'n !y Co,rfrLma Lew.:Wers.y Co•r•rrerva ftf•-Ir•:cns-:v L gh: I"dustria' Highway Agrcu':.,re Paslure Agrcu -re C,t'us Ayr co::, re Robs Cops Agrcu!:.re 3e,teral U xfev. Rangela--d t Forest V rrirg Lxt•aclve Estimated Load and Load Reductions 0 OW 0 0 0 0 v0 0 0 15.55 0 Load 1i�• { -� Load �} 2 :I Load Load before otter BMP Reduction Reduction TN 62,38 56,14 ;' > 6.24 10% TP 7.88 4 5.91 e & 1.97 25°,� BOD 191.56 r,=?=<`t: 134.09 57.47 30% TSS 936.58 _' ? 327.80 608.78 65% COPPER 0.34 0.17 0.17 50'; - -- LEAD 009 003 0.06 705 - - - - ZINC 1.33 053 080 GQ:• U = Removal Efficiency for the particular BMP and constituent unavailable. CAPTICEngi•.eor rig. Irc. 5r23:2012 Page 2 of 4 DEP Agreement No. G0382, Attachment A, Page 3 of 14 Pollu:an: Lead P.e:i.czian Calculations 3 Packet Pg. 321 7.M.4.b Figure 2. Pollutant load calculations and EMCs for PAM. URBAN RUNOFF BIAP POLLUTANT LOAD REDUCTION WORKSHEET Please fill In the gray_areas below. ':o1c spur, :^_:v uo'+c 7n:o•t:: I_ ... ..e �l Ir.•� 7oc 0. , -VC'_ VdAT:R 0-A_1-v G'Wl- AP1w'1r 0`1 dlta:'t'Pp'r I, TI'_'r'c:"Ld_7:'l:Sr4L"'G4'4'1Y1_py,1v4't:h3•h'3F•.>9Lc: l.IfC CCYL'I;:p]:: t'!!Y;: ..irk. .... .....1 P!.I!�'. C-'1 �'y'l"i_I Cr �_c''1_} ..1'_l. }P' Try -:1_ TP Wv}t: !.:'.Iti�!':1 .... ,; 'Y L• I1:4'J-•• iiL"-"::� SJ' a�i..'I' Please Select a Best Management Practice: Polyacrylafnide (PAM)- 'Floc Logs' Please enter landuse of con tribulingrdrainage area In acres: Res der:ial Lovi Dunsity Res der•:ial Sir'gle Fancily Resder•:ial Vulti-Fa•n Y ComwerciaLOW-lwxr vy Corr:rrurcia' Hiyh-Ic;ensi;y L,g1': Irxfustria' H ghway Agrcuic.re Pasture Agrc0—iru Git•us Agrcul:,;ru RowC•ops Agrcult=.re General U"duv, : Rangera•r,1 : Fortis: M vr•y Exl•actve Estimated Load and Load Reductions U = Removal Elliciency for the particular BMP and constituent unavailable. CAPTECEnginear.ng, 1cc. a:23+2412 Page 3 of 4 DEP Agreement No. G0382, Attachment A, Page 4 of 14 ?ollu;an: Load Red::c:ian Calculations Packet Pg. 322 7.M.4.b ESTIMATED RESIDENCE TIME OF ANY PONDS, SWALES, ETC.: The pond residence time is 225 days. BMP's Installed TSS Ibs/yr TP lbs/yr TN Ibs/yr ROD lbs/yr Lead Ibs/yr Zinc Ibs/yr Grass Swales Pre -Project 936.6 7.9 62.4 191.6 0.1 1.3 ca 0 -� Post -Project 327.8 5.9 56.1 134.1 0.0 0.5 e Load Reduction 608.8 2.0 6.2 5T5 0.1 0.8 :L % Reduction 65.0% 25.0% 10.0% 30.0% 70.0% 60.0% PAM (Floc Logs) TSS TP TN ROD Lead Zinc Ibs/yr Ibs/yr Ibs/yr Ibs/yr Ibs/yr Ibs/yr o Pre -Project 327,8 5.9 56.1 134.1 0.0 0.5 0 -� Post -Project 95.1 3.3 56.1 134.1 0.0 0.5 C 0 Load Reduction 232.7 2.6 0.0 0.0 0.0 0.0 0 p- % Reduction 71.0% 44.0% 0.0% 0.0% 0.0% 0.0% Wet Pond TSS TP TN ROD Lead Zinc Ibs/yr lbs/yr lbs/yr Ibs/yr Ibs/yr Ibs/yr Pre -Project 95.1 3.3 56.1 134.1 0.0 0.5 R 0 Post -Project 38.0 1.8 36.5 134.1 0.0 0.2 Y cd Load Reduction 57.0 1.5 19.6 0.0 0.0 0.3 a.. % Reduction 60.0% 45.0% 35.0% 0.0% 0.0% 0.0% TOTAL TSS TP TN ROD Lead Zinc lbs/yr Ibs/yr Ibs/yr Ibs/yr Ibs/yr Ibslyr a Pre -Project 936.6 7.9 62.4 191.6 0.1 1.3 0 -a Post -Project 38.0 1.8 36.5 134.1 0.0 0.2 0 Load Reduction 898.6 6.1 25.9 57.5 0.1 1.1 G°. % Reduction 95.9% 76.9% 1 41.5% 30.01/1. 92,5% 84.0% TASKS and DELIVERABLES: The project involves the addition of a 4.01 acre detention lake, upgrading the storm water conveyance system (re - grade grass swales), and utilize `Floc Logs' (Polyacrylamide) to reduce erosion and nutrient loads (as detailed in Figures 3-5). The treatment train will consist of grass swales collecting storm run-off from the 37.05 acres of residential and vacant areas. The run-off will be conveyed to a 4.01-acre lake where mechanisms will be installed to pump water through the Polyacrylamide `Floc Logs' and then reside in the 4.01-acre lake. The basin will be controlled by a single control structure, which discharges to the existing outfall ditch to the North Fork of the St. Lucie River. The proposed storm water management system will provide increased flood protection for the basin, additional water quality treatment, nutrient load reduction, and additional attenuation of runoff from the basin. It is anticipated that the project will reduce pollutant loadings to the North Fork of the St. Lucie River and the IRL of 95.9% for TSS; 76.9% for TP, and 41.5% for TN. Water quality monitoring and education are planned for the project. DEP Agreement No. G0382, Attachment A, Page 5 of 14 Packet Pg. 323 7.M.4.b This project is part of an integrated stormwater cleanup effort. The Citrus -Saeger project is nearly located at the geographic center of local, state and federal storm water efforts to repair an aging drainage system in central St. Lucie County that has been chopped into numerous subsections as roads were constructed over the past century. It is located four miles to the south of Heathcote Botanical Gardens, where a TMDL-grant funded project (FDEP Agreement No. 50579) is underway to clean stormwater flowing east into the Indian River Lagoon. It is located west of the Indian River Estates, where an ongoing Hazard Mitigation Grant Program (FEMA) project is helping to reduce residential runoff into the freshwater Savannas that ultimately enters the North Fork (south of Citrus -Saeger). This site was also a former recipient of 319 funding for an alum treatment pond located in the same location (Indian River Estates Stormwater Pump Station Alum Facility. SLC Proj. No. 09-15). It is located to the north of another project known as Hog Pen Slough Drainage Basin Project, a state Community Development Block Grant project providing major improvements along the North Fork. Finally, the project is three miles from the Cane Slough Eastern Watershed Improvement Project, which received TMDL grant funding for the construction of a wet pond and wetland creation project in Port St. Lucie (FDEP Agreements No. S0507 and S0546). Other coordinating projects that will work in concert with the Citrus Saeger project to treat stormwater flows to the North Fork of the St Lucie River include several nearby County BMPs. These include Platts Creek (FDEP Agreement No. G0064) and Canal D to the north and a River Park baffle box project to the south, All these projects represent integrated coordinated regional efforts by local governments to work together to reduce pollutants entering the North Fork and ultimately, the Indian River Lagoon Estuary. The project site was purchased by St. Lucie County in 2003 and the South Florida Water Management District provided assistance in 2008 and 2009 for engineering and design. Since the Citrus and Saeger avenues neighborhood was developed prior to the implementation of the State water quality regulations, it has poor storm water conveyance systems and lacks a storm water treatment system. Currently, storm water runoff from the residential lots, paved and unpaved roads and agricultural areas is directly conveyed via a narrow open ditch to the North Fork of the St. Lucie River by an aged system of swales and driveway or roadway culverts. With heavy rains and no storage capacity, the ditch becomes overloaded, the water backs up and the neighborhood floods. In addition, no storm water treatment or storage is provided in the existing system. Construction of the proposed roadside swales and a f4.0-acre wet detention pond to treat and attenuate storm water runoff from a low lying ±42-acre residential neighborhood will help resolve this White City neighborhood's historical flooding problems, as well as significant untreated stormwater flowing to the North Fork of the SLE. In addition, the project will create more than 2,000-linear feet of shoreline habitat that, in a future project, could be integrated into a lakeside park with recreation pavilions and a scenic walking path. The untreated, free -flowing storm water runoff from the +42-acre basin discharges directly to the North Fork of the St. Lucie River and typically contains sediments, fertilizers, pesticides, heavy metals, oils and grease from the residential neighborhood. The sediments and contaminants are known to cause damage to seagrass beds and benthic communities in the St. Lucie River and offshore areas. These discharges of fertilizers and nutrients are a catalyst for accelerated algal and other vegetative growth that depletes vital oxygen supplies. Metals can also be toxic to many marine species. The fresh water outfall also results in increased water color. By reducing and treating outflows from the residential neighborhood, silt and toxic material accumulation in the North Fork of the St. Lucie River and offshore reefs will also be reduced. The +42-acre basin and surrounding area has been the focus of several engineering and surveying studies by St, Lucie County, resulting in the delineation of drainage sub -basins and drainage flow patterns, and the siting of potential locations for the construction of detention ponds for treatment and attenuation of storm water runoff. St. Lucie County has made many advances in recent years towards solving the recurring flooding problems in this neighborhood through conceptual engineering studies and land acquisitions; and is actively pursuing the completion of this project. The neighborhood and in turn the St. Lucie River will directly benefit from the completion of this project. As a result of these previous studies, St. Lucie County purchased 20 acres between Citrus Avenue and the North Fork of the St. Lucie River in 2003 for $1.1 million. The ±4.0-acre pond will be located on the north side of the County -owned parcels. The majority of the remaining area is occupied by wetlands. The construction of the storm water conveyance, treatment and attenuation systems will reduce the outfall of storm water pollutants from the residential neighborhood into the North Fork of the St. Lucie River. The project will also change the timing of freshwater flows to the estuary and provide additional shoreline habitat in the estuary. The wet DEP Agreement No. G0382, Attachment A, Page 6 of 14 Packet Pg. 324 7.M.4.b detention pond will be constructed first, followed by the structure, including inlets along Citrus Avenue at the western end of the three parallel streets, a manhole, and a culvert along Citrus Avenue to pipe the water to the pond. The final phase will include the grading of swales along the three east/west streets that will direct water toward the pond. STORM WATER QUALITY TREATMENT The proposed wet detention pond will occupy �4,0-acres of St. Lucie County owned land located west of and adjacent to the residential neighborhood. The remainder of the more than 20-acre St. Lucie County owned land is occupied by wetlands. The proposed control elevation will be set at about 2.5-feet NGVD, based on seasonal high water levels in the adjacent wetlands. The control structure will be sized to provide water quality for the first inch of runoff from the ±42-acre sub basin. With the exception of storm water runoff flowing in grass -lined swales, no water quality treatment is provided in the existing system. STORM WATER ATTENUATION The sub basin is occupied by a low lying residential neighborhood that has direct discharge to the North Fork of the St. Lucie River. The residential neighborhood has been impacted by flooding for decades. Storm water runoff from the neighborhood is consistently backed up in the swales and driveway culverts lining the streets, resulting in street flooding and sometimes even flooding homes on lower lying lots. The proposed ±4.0-acre wet detention pond will have a control elevation of about 2.5-feet NGVD. The banks of the pond are proposed to be constructed at f8-feet NGVD. As a result, approximately 22-acrefeet of storage will be provided in the basin, where currently no significant storage is provided. Storm water runoff from the sub basin that is directly connected to the North Fork of the St. Lucie River will be diverted to the proposed wet detention system where it will be treated and stored prior to discharging to the existing ditch. The proposed 22-acrefeet of storage provided by the project should alleviate the historic flooding in the basin and will eliminate the untreated, direct discharge of the storm water runoff to the North Fork, Citrus Avenue runs north/south and is uphill. Three other streets in the neighborhood (Saeger, Echo and Coral) run east/west. The three east/west streets will have an open swale system to collect the water. When the water reaches Citrus Avenue, it will be piped by culvert to the detention pond. CREATION OF SHORELINE HABITAT AND LAKE SIDE PARK The project will create more than 2,000-linear feet of shoreline habitat. As a separate future project, this shoreline habitat could be integrated into a lakeside park with recreation pavilions and a scenic walking path that meanders through the upland and wetland areas located around the proposed detention pond. IMPROVE ECOLOGICAL VALUE OF WATERSHED AREAS OF THE NORTH FORK OF THE ST. LUCIE RIVER AND THE ST, LUCIE RIVER ESTUARY o Improved water quality of stone water discharging into the adjacent wetlands and the North Fork of the St. Lucie River by treating the I51 inch of runoff from the sub basin o Water quality filtration will include removal of nutrients and silt o Ground water quality protection o Flood protection via the detention pond (vs. narrow open ditch) o Increased timing of freshwater flows o Increased "shoreline" habitat o Increased detention time o Increased habitat acreage for wading birds o Enhanced community o Improved drainage responses for the flood prone basin o Protection against erosion o Recreation and education opportunities TASK I: Survey DESCRIPTION: The County's surveying consultants will prepare a complete boundary and topographic survey of the improvement locations. A project boundary and topographic survey signed and sealed by a Florida Licensed Professional Surveyor and Mapper prepared in accordance with applicable Florida Statutes is the criteria to determine success. DEP Agreement No. G0382, Attachment A, Page 7 of 14 7 Packet Pg. 325 7.M.4.b ALLOWABLE COSTS: The Grantee will not be reimbursed for any work in this task. It is anticipated that the Grantee will expend approximately $15,000 in contractual costs for the consultants to prepare the boundary and survey. DELIVERABLE: A project boundary and topographic survey signed and sealed by a Florida Licensed PSM, prepared in accordance with applicable Florida Statutes. PERFORMANCE STANDARD: The Department Grant Manager will review the signed and sealed survey for compliance with applicable Florida Statutes. TIMELINE: Completed prior to execution of this Agreement. TASK 2: Construct stormwater BMPs DESCRIPTION: The primary construction work will be performed by the Engineering and Road & Bridge Divisions of the St. Lucie County Public Works Department. The Department has years of experience with constructing similar projects and is currently completing stormwater improvement projects at Harmony Heights and Paradise Park in Fort Pierce. Public Works personnel will construct temporary erosion controls and clearing and grubbing; will re -grade swales and construct underground storm sewer improvements; and will construct the BMP storm water facilities, which include digging of the lake, placement of the Floc Log devices and construction of associated conveyance, as detailed in the construction plans and technical specifications. A construction certification and complete as -built drawings for the project as required by the regulatory permits are the criteria to determine success. ALLOWABLE COSTS: Construction of selected BMP's estimated at $1,035,000, of which a maximum of$500,000 will be reimbursed through this Agreement and the remaining amount will be expended by the Grantee. Approximately $105,031 will be expended by the Grantee for equipment (inlets, manhole, endwall, culvert pipes, riprap/rubble/ditch lining, bedding stone). DELIVERABLE: 1) Dated color photographs of the site prior to and during construction and immediately following completion of the project; 2) complete installation of the entire system per the project description; 3) As -built certification for the system, with electronic files of the as -built drawings completed by a professional land surveyor; and 4) signed statement from Grantee's project certified engineer indicating construction has been completed in accordance with approved design. PERFORMANCE STANDARD: The Department Grant Manager will review the photographs and certification of completion for all components by the Grantee's project certified engineer to verify that construction has been completed for all components in accordance with the approved plans. TIMELINE: Fourth Quarter 2013—Fourth Quarter 2015 TASK 3: Post Grant Project Administration/Final Report TASK DESCRIPTION: After the grant has been awarded, the Grantee's grant administrator will provide ongoing monitoring ofproject schedules to ensure compliance with timelines outlined in this scope ofservices, and will provide quarterly updates on the project progression for informational purposes. The Grantee must complete and submit to the Department a Final Report. The Final Report is intended to capture the outcome and results of the selected project, including all tasks included in this project. It shall include, at least, the following: a summary of monitoring results and an explanation of any unexpected monitoring results or unexpected occurrences. This shall include, where applicable, why a BMP did not obtain or exceeded the expected removal efficiency; any problems encountered and how those problems were overcome; an explanation of any project delays; a brief summary of any additional phases yet to be completed; and any additional information which explains the results of the project. The Final Report template, available from the Department's Grant Manager, should be followed as much as possible, The Grantee shall submit the final report as a draft prior to submitting the final report for project closeout. ALLOWABLE COSTS: Contractual costs estimated at $20,000 for preparation of the draft and final project report including discussion of monitoring results. All costs in this task are additional expenditures to be made by the Grantee, not required match. DELIVERABLES: Draft final report; approved final report that meets all of the requirements identified in the task description. The Grantee shall provide one paper copy and one electronic copy of the approved final report to the Department. PERFORMANCE STANDARD: The Department Grant Manager will review the draft final report and provide comments to the Grantee and review the Final Report for compliance with all of the requirements identified in the task descriptions. TIMELINE; Fourth Quarter 2013—Fourth Quarter 2016 DEP Agreement No. G0382, Attachment A, Page 8 of 14 Packet Pg. 326 7.M.4.b TASK 4: Implement Water Quality Monitoring Program DESCRIPTION: The Grantee must complete and submit to the Department a Quality Assurance Project Plan (QAPP) for monitoring prior to commencement of any monitoring. The monitoring plan will specify the sampling locations, sampling instruments, and parameters to be sampled. The parameters shall include, but are not limited to: TN (Ibs/yr), TP (lbs/yr), TSS (Ibs/yr), Cd, Cr, Cu, Zn, NO2/NO3, TKN, NH3, Orthophosphate, Fecal coliform, rainfall and flow. Monitoring is to be performed at inflow and outflow locations of each BMPs installed and in accordance with the approved QAPP. Sampling locations shall be recorded and verified using a GPS device. Project -specific details must be added during QAPP development. The monitoring will include sampling of from seven to ten (10) storm events as described below. If possible, monitored events will be discrete rainfall events generally consisting of greater than 0.20 inches and less than 1.5 inches or rain. Actual rainfall may vary depending on the type of BMP, the contributing drainage area, the amount of impervious area, and the time of concentration. Upon FDEP approval of the QAPP, background monitoring will be conducted according to the FDEP Standard Operating Procedures (SOPS) for field activities to determine mean event concentrations for standard pollutant parameters prior to construction start. After construction is completed, samples will be taken with autosamplers at the inflow and outflow points of the project area as defined in the approved QAPP and the FDEP SOPs. A Final Report will be prepared at the completion of the water quality monitoring program and forwarded in draft form to FDEP for review. The report will be finalized to address the FDEP comments and the Final Report will be forwarded to FDEP for approval. Completion of the QAPP, water quality monitoring program, preparation and approval of the Final Report are the criteria to determine success. Monitoring will be conducted at two locations: inflows and outflows. Monitoring will include the following parameters: • Daily rainfall (to nearest 0.01 inch) measured at the sampling location with verification from the local weather station. Rainfall data should be provided for at least the week proceeding monitoring and day(s) of monitoring. • Flow using approved flow activated flow meters • Parameters as specified below Parameter Detection Limit Method Total Cadmium I ug/l Composite* Total Chromium 5 ug/l Composite* Total Copper 5 ug/l Composite* Total Zinc 10 ug/I Composite* NO2+NO3 0,1 mg/1 Composite* TKN 0.3 mg/1 Composite* Total Ammonia 0.05 mg/I Composite* Or Total N Composite* Total Phosphorus 0.05 mg11 Composite* Ortho Phosphate 0.05 mg/l Composite* TSS 1 mg/l Composite* Oil/Grease 1 mg/l Composite* Fecal Coliform N/A Grab** if possible *Flow weighted composite samples will be taken over the storm hydrograph. Typically, the samples will be composited over the inflow hydrograph at the inflow and for up to a 36 hour period at outflow station, depending upon the time of concentration and flow into and out of the BMP. Each composite will include at least six evenly distributed sub -samples. **Grab samples to be collected within the drainage area time of concentration at influent and effluent stations described above. ALLOWABLE COSTS: The estimated contractual costs for the collection and lab analysis of monitoring events results is $80,000. All costs in this task are additional expenditures to be made by the Grantee, not required match. DELIVERABLES: Department approved QAPP and submission of monitoring results. Discussion of analysis of monitoring results and the pollutant load reductions from each applicable BMP either as a stand-alone Final Efficiency Evaluation Monitoring Report or as part of the Final Project Report. PERFORMANCE STANDARD: The Department Grant Manager will review the QAPP for compliance with this Agreement and DEP Standard Operating Procedures for monitoring; submission of approved QAPP. Review of Final Efficiency Evaluation Monitoring Report (or equivalent description in the Final Project Report) to verify that monitoring was completed in accordance with the approved QAPP and the results were analyzed and discussed regarding removal efficiency. DEP Agreement No. G0382, Attachment A, Page 9 of 14 Packet Pg. 327 7.M.4.b TIMELINE: Fourth Quarter 2015—Fourth Quarter 2016 TASK 5: Implement Education Component DESCRIPTION: Public information and education components are critical to the project. The County will solicit public support, cooperation, and involvement in the proposed stormwater improvement activities. The requirement for early public education activities is being addressed in the construction planning process. The County will conduct a public education and information campaign. The Grantee will provide information via brochures, meetings, and educational pamphlets about the project at public meetings, the use of a signage kiosk, mail outs, press releases, a project video that will air on the County's website and public events. Site will be designated "Citrus Hammock Preserve." SLC will provide the information in-house through the Environmental Resources Department. The public will be allowed to view the plans early in the process and be encouraged to comment on the design and implementation plans. ALLOWABLE COSTS: Estimated cost of $17,000 for distribution of mail outs and educational pamphlets, community education, production of signs and informational/educational video. All costs in this task are additional expenditures to be made by the grantee, not required match. DELIVERABLES: Text and final draft of video and press release(s) in electronic format for the website will be submitted to the DEP Grant Manager for prior approval before airing and distribution. Submission of CD's with the final Public Services Announcements/Press Release(s) released to the public with information on when they were aired. Link to the St. Lucie County website with information on updates made for the project. Dated photographs of the installed signage, dates/sign-in sheets for when the public meetings are held, submission of copy of educational pamphlets and mail outs, tabulation of how many items were mailed out to the public. PERFORMANCE STANDARD: The DEP Grant Manager will review the draft and final deliverables to verify compliance with the Agreement's terms and conditions, the Federal EPA grant requirements and the Department's policies on public education, and will review evidence of the number of contacts made with the public through each component of the outreach task. TIMELINE: Fourth Quarter 2013—Fourth Quarter 2016 TIMELINE: Task No. Task Title Start Complete 1 Survey Completed 2 Construct stormwater BMPs Month 0 Month 24 3 Post Grant Project Administration/Final Report Month 12 Month 36 4 Implement Water Quality Monitoring Program Month 24 Month 36 5 Implement Education Component Month 0 Month 36 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G03$2, Attachment A, Page 10 of 14 10 Packet Pg. 328 7.M.4.b PROJECT BUDGET BY CATEGORY and TASK: Task No. Category Grant Funding Funding Additional Required Expenditures (Not required match I Contractual $0 $0 $15,000 TOTAL FOR TASK $0 $0 $15,000 Contractual $394,969 $153,709 $381,291 2 Equipment Purchases $105,031 $0 TOTAL FOR TASK $500,000 $535,000 3 Contractual $0 $0 $20,000 TOTAL FOR TASK $0 $0 $20,000 4 Contractual $0 $0 $80,000 TOTAL FOR TASK $0 $0 $80,000 5 Contractual $0 $0 $17,000 TOTAL FOR TASK $0 $0 $17,000 Total: $500,000 $535,000 $132,000 Total Project Cost: $1,167,000 Percentage Match: 43% 46% 110/. PROJECT BUDGET BY CATEGORY TOTALS: Category Totals 319 Funding Match Funding Additional Required Expenditures (Not required match Salaries Total $0 $ Fringe Benefits Total $0 _ $ Travel Total $0 $ Contractual Total $394,969 $535,000 $132,000 Equipment Purchases Total $105,031 $ Supplies/Other Expenses Total $0 $ Land Total $0 $ Indirect Total $0 $ Total: $500,000 $535,000 $132,000 Total Project Cost: $1,167,000 Percentage Match: 431/146% 11% REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0382, Attachment A, Page I I of 14 Packet Pg. 329 7.M.4.b Figure 3. Vicinity Map: The project site is located on the eastern boundary of the North Fork of the St. Lucie River that drains into the St. Lucie Estuary, and then into the Indian River Lagoon. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0382, Attachment A, Page 12 of 14 12 Packet Pg. 330 7.M.4.b FIGURE 4. TREATMENT AREA MAP FIGURE 5. DETAILED SITE PLAN DEP Agreement No. G0382, Attachment A, Page 13 of 14 13 Packet Pg. 331 7.M.4.b DEP Agreement No. G0382, Attachment A, Page 14 of 14 14 Packet Pg. 332 7.M.4.b Grantee: Mailing Address: DEP Agreement No.: Date Of Request: _ Task/Deliverable Amount Requested:$ ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Grantee's Grant Manager: Payment Request No.: Performance Period: Task/Deliverable No.. GRANT EXPENDITURES SUMMARY SECTION I Effective Date of Grant thrnnah Fnd_nf_Grant PPrinrll CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENT REQUESTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries $N/A $N/A $ N/A $ N/A Fringe Benefits $NIA $N/A $N/A $N/A Travel (if authorized) $NIA $N/A $N/A $N/A Subcontracting: Survey, Engineering & Permitting $ $ $ $ Monitoring $ $ $ $ Construction $ $ $ $ Equipment Purchases $ $ $N/A $N/A Supplies/Other Expenses $N/A $N/A $N/A $N/A Land $N/A $N/A $N/A $N/A Indirect $N/A $N/A $N/A $N/A TOTAL AMOUNT $ $ $ $ TOTAL TASK/DELIVERABLE BUDGET AMOUNT $ $ Less Total Cumulative Payment Requests of: $ $ TOTAL REMAINING IN TASK $ $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was rot, Items mat were cnargea to and utilized only for the above cited gray Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Telephone Number DEP 55-223 (03/12) DEP Agreement No. 60382, Attachment 13, Page I of 2 Print Name Telephone Number activitit S. Packet Pg. 333 7.M.4.b INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVERABLE BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST' column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK' line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK' line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent, NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DEP 55-223 (03/12) I)EP Agreement No. G0382, Attachment 13, Page 2 of 2 Packet Pg. 334 7.M.4.b g O LL O Z H O U(L �W EL W Z W 2 UW a� �D ao w IL W m W m E m Z N c ca L CV w Co m 0 a� E 3 z a) C O pL O N c Q) N Q o � o E U ro z c O tiU o a) 6 rn o 0.6 (1)U 7,3,U H '0 O � � r: coo-U)w o Y Q ro� `o ui Q C 0 E m m _3 3 Cu U O d4 d Nr c ro w 0 CO a--------- ----- ----- ----- ------ ----- ----- ----- ----- ------ c N C _ m O m ro w .J c a� E a Cr w V a� U m CO N Q) a n. 3 U) V: a) 0 U Uc � o 0 o U) U 0 3 O -0 U o u (� T 0 m a a Packet Pg. 335 7.M.4.b d Q o o 'D o m c- a. -0 0 cV _ L9 C c @ - N M O ¢ Uy w O N O E, E O — (n CL (n @ C U O j vi 0 L QT @ U 3 (y6 L @ 2 @ 'O Cr E U N D Q ` E O C @ .. O Q O c LOL N V D O(n E O Q U @ m 0@ Q a? '0N N O= N C a)W C @ O N c N 3 m- i ro E r' (nC N D Z (gyp C N U O i] fN U O c ro 3 vOi 5 O a Um C 0 CO o Cr o� oo a�L Ero o o �= E•' a.N N ? 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N a) (h E M O C a) O a 4. o (n m c r� o E o Q 0. C O O C L T V) 0 Q) Q V) C Q O m t U 4) O •> +•' N 00 (6 UND O w m _0 m ° m m v a�i cca o z s CC),E L 3 (n? U) Co z m N o a C') - s > a r--� Co o a) a w 0 Packet Pg. 337 7.M.4.b ATTACHMENT D Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112,061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http:/./www.fldfs.com/aadirh'eference guide.htm DEP 55-219 (05/2008) DEP Agreement No. G0382, Attachment D, Page 1 of I Packet Pg. 338 7.M.4.b 00 03 O go z° � U z' W 41 W //Ce� a V �- WLOU .LM �C U6 O i f'^ LL C Z y d a L. 0c IL a� O a a o` Q�y fa � c w n m o = � ti O N V y � � V N b o w O N u � � C C _ w0 � Z N E Y Vco N y y T Q LE V N t a v � o c u nlu , rn o Z- n o r+ n �dma, a rn" � W C m 0 � ro Q) cL a`, c aw E y � t $ v _ C 6 c U1 O O ] U E a W o, o � � Fx o` mtii D.y N W o —r ro y n•'7oaci E i n O Q"� as W a� m F o � F R2 oQ � d, L O C J n E ° 7 o C O 0 } N T EcL o u n �o cw W n Oo O W Q v a Q o O y [7E a,S or - Lu a tjaz W Z (7 Z En Lu W Q Z a� O z J in 0 W 4 O M FFFC � W f a O U I"LL. IL M C iota LU �U OR W W ILI Zj�i r Z W WRI W{L XO W V V�O hi f3J ., FOZu a Nyid �z Z $ oc -W C Z R IA a "Ox G �U~ GG ,Z,z0 W W Z (9 Z g o m 0 vCga aLU �$a ag M WZ LLLII UA Z Z SL uaLo FWZ� ZF�44 Z '+ V a =a �.jz� �r.Vo ro is lui 0 V Cu 0 0 U U O 0 v m U- y L v� s 4 w c:n L C � UP h C m a o ti L O o a Z E E N Z zy o :R O U Q Z Z C W L N O 2: + LD O W � Q E z o C7 O Q N O O z CL Q �} E a V�wu n,E ¢ �ia� O o Na°1i - 0. L Q W Cl Li+' 0,0� W W 00 Packet Pg. 339 7.M.4.b ATTACHMENT F PROGRESS REPORT FORM DEP Agreement No.: G0382 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. G0382 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager DEP Agreement No. G0382, Attachment F, Page t of l Date Packet Pg. 340 7.M.4.b ATTACHMENT G SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may he referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. /11Jttll PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than S500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://t2.46.245.173/eftla/efda.htmi. DFP 55-215 (03/09) DEP Agreement No, G0382, Attachment G, Page l of 5 Packet Pg. 341 7.M.4.b PART I1: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT l to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements, In connection with the audit requirements addressed in Part 11, paragraph I; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities), For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.con-L/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http;//www. state.fl.us/audeen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to .specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the f dl cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DLP 55-215 (03/09) DEP Agreement No. G0382, Attachment G, Page 2 of 5 Packet Pg. 342 7.M.4.b A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (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 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census. ovg /fac/ C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I 1 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DFP 55-215 (03109) DEP Agreement No. G0382, Attachment G, Page 3 of 5 Packet Pg. 343 7.M.4.b 4. Copies of reports or management letters required by PART I❑ of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years front the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09) DEP Agreement No. G0382, Attachment G, Page 4 of 5 Packet Pg. 344 7.M.4.b O CL � O 6j O C "U n. _ d O O Eo bA O C o r� •• C N C ro Ov C �6 N C a� O U U � c (or°) «� E c a. L G Q z w C L 0 a Qq C V Z aJ 0� U C O 0 � � � o a v y i- v Qj � Cl C E b��zo b a ¢ O is c.CL U Q ch G L o L � 7 0. O m d a b 0 L w � u. v L V �.i i s aV. R •� N f6 d 0 V � U 0 0 0 U c m L Q Ld y Q R U O V .J. C 6+ v C by .o ¢ o L al '6 R 3 Q V L a RLa z r� C O v •� Q Y R b a) � O � Q- V R. d G6 M1 T L � ra ¢ O C u V -b G 0 V d a r7 V � L r- L U N 4w y a1 v L O � V O LL bn C v L G O w u_ O .y e 0 U v En L d +L-• N a+ +R+ � R vOi vvi L[. {L C N 41 Cu U 4 i-. coo "� o bn � w 3 Q v L 7 O C.i a O R b`n E Y O O R a Z P 0 ❑ `r' id (z, U � X G cq nn lu � 0 5; m U d U n R C1 v E (u O R L ❑ R as w F E � v 'd d V5 O U 3 o N N V N G C C v y v N E N t41 v � o v cr cu o0 Qj E 0 Q-�U w O 3 oa v C6 O o Vcl c U � � ca O b � Lc. N N � v � V V cd at C > � w o v � U � U c � 3 � rn �- M1 N bn N77 v ;U U a, Q > L � Packet Pg. 345 7.M.4.b ATTACHMENT H Approved by 0,NIB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 li.S.C. 1352 (See reverse for public burden disclosure) 1. "Type of Federal Action: 2. Status of Federal Action: 3. Report Type: El ❑ a. contract a. bid/offer/application a. initial filing b. grant b, initial award b. material change c. cooperative agreement c. past -award d. loan For Material Change Only: e. loan guarantee f, loan insurance year quarter _— date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name ❑ Prime ❑Subawardee and Address of Prime: Tier ff knou rr: Congressional District, if known: Congressional District, ifktrotrn: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ffapplicahle:, 8. Federal Action Number, ifktrotrn: 9. Award Amount, fkn0WW 10, a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address f (f individual. Iasi name. first name, Wl): d fferen! from A'o. IOaJ (last name, first name, LA): (attach Conrin...... t Sheef(s) SF-LLLA, i necessar Signature: It. [nforntation requested through this farm is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material Print Name: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress Title: semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not Telephone No.: Date: less than $10,000 and not more than St00,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Forin - LLL (Rev 7 -97) Form DEP 55-221 (01/01) DF.P Agreement No. G0382, Attachment 11. hge I of 2 Packet Pg. 346 7.M.4.b INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the lst tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item I (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid MIR Control Number. The valid OMB control number for this information collection is O\IB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection or information, including suggestions for reducing this burden, to the Office of Alana ement and Budget, Paperwork Reduction Project (0348-0046), Washin ton, D.C. 20503. Forth DEP 55-221 (01/01) DEP Agreement No. G0382, Attachment H, Page 2 of 2 Packet Pg. 347 ATTACHMENT I 7.M.4.b F—App—i OMB NO. 2030-0027 AppmnlExp- 1201102 LOBBYING AND LITIGATION CERTIFICATE* 1=0EPA I hereby cer-iify that none of these funds have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Assistance AgreementNumber(s)" Chief Executive Officer Date *Complete this form pursuant to the 2001 Department of Veterans Affairs and Housing and Urban Development, and Independent Appropriations Acts, Public Law 106-277, Section 424 and 2000 Department of Veterans Affairs and Housing and Urban Development, and Independent Appropriations Acts, Public Law 106-74, Section 426 and any other subsequent Appropriation Act requirements. *"If certifying for more than one grant number and more space is needed, please list additional numbers in the space provided below: Please mail this form to your Grant Specialist. DO NOT send this information to the Office of Management&. Budget. Burden Statement - The annual public reporting and record keeping burden for this collection of information is estimated to average 5 mimes per respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or fora Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the exisfing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information uliless it displays a currently valid OMB control number. The OMl3 control nrunbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. Send comments on the Agency's need for this infmrnatian, the accuracy of the provided bm den estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection tectmiques to the Director, Regulatory Information Division, U.S. Environmental Protection Agency (2137), 401 M. St., S.W. Washington, D.C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 171h Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence. EPA Form 5700-53 (Rev. 2-02) DEP Agreement No. G0382, Attachment 1, Page I of 1 Packet Pg. 348 7.M.4.b Attachment J Quality Assurance Requirements For Federally Funded NPS BMP Monitoring Agreements I. All sampling and analyses performed under this Agreement must conform to the requirements set forth in Chapter 62-I60, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Work performed for the Department of Environmental Protection under Contract" (DEP-QA-002/02), February 2002. 2. LABORATORIES a. The GRANTEE shall ensure that all laboratory testing activities are performed by laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP) for all applicable matrix/method/analyte combinations to be measured. For non -potable water matrix, the certification requirement is considered satisfied if the laboratory is certified for the contracted analyte in at least one method that uses the same analytical technology as the contract -proposed method. b. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall apply for certification within one month of Contract execution, Within six months of Contract execution, the laboratory shall be fully certified for all applicable tnatrix/method/analyte combinations to be performed. Regardless of when the laboratory receives certification, the laboratory must implement all applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC) upon Contract execution. c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub- contracted to a laboratory with current DoH ELCP certification in the appropriate niatrix/method/analyte combination(s). The GRANTEE shall notify the DEP Grant Manager in writing before any change to a sub -contracted laboratory is made. d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each contracted or sub -contracted laboratory shall be provided to the DEP Grant Manager upon execution of this Agreement or upon receiving DoH certification (see items 2.a and 2.b above). e. The GRANTEE shall ensure that an acceptable initial demonstration of capability ([DOC), as described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each -laboratory that performs any of the proposed matrix/method/analyte combination(s) must have the requisite IDOC documentation and supporting laboratory records. IDOCs shall be performed before the test procedure is used to generate data for this Agreement. If requested by the Department, documentation that supports the IDOC shall be made available for review. f. When performance test samples are not required by DoH ELCP for certification, the laboratory shall obtain, analyze and evaluate performance test samples, standard reference materials (SRM) or other externally assayed quality control (QC) samples, hereinafter known collectively as quality control check (QCC) samples. (i) The laboratory shall ensure that the selected QCC samples(s) represent all niatrix/method/analyte combinations that are not subject to certification requirements. (i i) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable range established by the QCC sample provider. (iii) Before providing analytical services for this Contract, the laboratory must provide to the DEP contract manager the results of the QCC sample(s) and the associated acceptable range(s) as established by the QCC sample provider. The submitted results must be from QCC samples that have been completed within the previous six months prior to the submission date. g. Any non-standard laboratory procedures or methods that are proposed for use (i.e., those not approved by DEP for standard environmental analyses) shall be submitted for review and approval in accordance with DEP-QA-001/01, "New and Alternative Analytical Laboratory Methods," February I, 2004. These procedures or methods shall be approved by the DEP contract manager before use under this Contract and must be cited or described in the required planning document (see Section 6). h. The GRANTEE shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits (MDLs) required by the Contract are listed in the planning document (see Section 6). i. The GRANTEE shall ensure that the selected laboratory test methods listed in the planning document can provide results that meet the Contract data quality objectives. j, The GRANTEE shall ensure that all laboratory testing procedures follow the analytical methods as approved in the planning document (see Section 6). Re%vision Date: 02/09 DEP Agreemem No. G0382, Attachment J. Page I of 14 Packet Pg. 349 7.M.4.b k. The GRANTEE shall ensure that the all laboratory quality control measures are consistent with Chapter 5 of the NELAC standards. 1. In addition, the GRANTEE shall ensure that the quality control requirements specified in the attached addenda are followed. in. The GRANTEE shall ensure that all sample results are calculated according to the procedures specified in the analytical methods approved in the planning document. FIELD ACTIVITIES a. "Sample" refers to samples that have been either collected or analyzed under the terms of this Agreement. b. The GRANTEE shall ensure that all sample collection and field testing activities are performed in accordance with the Department's "Standard Operating Procedures for Field Activities" (DEP-SOP-001/01, March 31, 2008). The specific standard operating procedures (SOPs) to be used for this Agreement shall be cited in the planning document (see Section b). c. Any non-standard field procedure shall be submitted for review and approval to the DEP Grant Manager in accordance with section FA 2000 of DEP-SOP-001/01. All non-standard procedures and methods must be approved by the DEP Grant Manager before use under this Agreement and must be cited or described in the planning document. d. Per the quality control measures outlined in the DEP SOPS (FQ 1000 and the calibration requirements of the FT -series for field testing), the GRANTEE shall ensure that the following field quality controls (and any additional quality control measures specified in the addenda) are incorporated into the project design: (i) Matrix -Related Quality Controls - The GRANTEE shall ensure that the laboratory is provided with sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates or laboratory duplicates as follows: (1) The first time a sample from a sample collection matrix (see Table FA 1000-1) is collected; (2) One in each additional 20 samples of the sample collection matrix, after the first 20 samples; and (3) The last time samples are collected for the sample collection matrix. (ii) Field -generated Quality Control duplicates or replicates (not to be confused with laboratory duplicates) shall be collected and analyzed at a frequency of 5% of the total number of samples collected for each matrix/analyte combination (see FQ 1220). (1) All field duplicate results greater than the contracted PQL should agree within 20% RPD for each measured analyte. In the event that the field duplicate agreement is not observed, the GRANTEE shall investigate and attempt to determine the cause of poor precision. The outcome of these investigations shall be reported, including the corrective measures taken to minimize future problems. (iii) Field -Generated Quality Control (QC) Blanks — Blanks associated with field activities as defined in FQ 1210 of the DEP SOPS shall be collected according to the requirements of FQ 1230. (1) if an analyte detected in the sample is also found in any field -generated QC blank that is associated with the sample, the GRANTEE shall investigate and attempt to determine the cause of the QC blank contamination, The outcome of this investigation shall be reported and shall include a discussion of the corrective measures taken to minimize future occurrences of QC blank contamination. (2) If an analyte detected in the sample is also found in any field -generated QC blank that is associated with the sample, the GRANTEE shall ensure that the analyte in the affected sample is reported as estimated ("J" with a narrative explanation) unless the analyte concentration in the affected sample is at least 10 times the reported QC blank value concentration. (iv) The GRANTEE shall identify a second laboratory that meets the requirements in Section I and shall arrange to have split samples collected using the sampling procedures specified in the Contract and analyzed by the primary and secondary laboratories. Split samples shall be collected at least once during the project and at least annually thereafter. The GRANTEE shall specify the procedure for splitting the samples in the planning document. (1) The results from the two laboratories shall be assessed using a precision criterion of no greater than 20% RPD as an initial guide to assessment ofthe split sample results. (2) All differences between split sample results from the two laboratories shall be investigated and resolved. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revision Dale: 02/09 DEP Agreement No. G0382, Attachment J, Page 2 of 14 Packet Pg. 350 7.M.4.b REPORTING, DocuMENTAT[ON AND RECORDS RETENTION a. The GRANTEE shall ensure that all laboratory and field records as outlined in Rules 62-160.240 and .340, F.A.C. are retained for a minimum of five years after the project completion. b. All field and laboratory records that are associated with work performed under this Agreement shall be organized so that any information can be quickly and easily retrieved for inspection, copying or distribution. c. The GRANTEE shall ensure that all laboratory reports are issued in accordance with NELAC requirements. These reports shall be submitted to the DEP Grant Manager and shall include the following information: ► Laboratory sample identification (ID) and associated Field ID ► Analytical/test method ► Parameter/analyte name ► Analytical result (including dilution factor) 1 Result unit 1 Applicable DEP Qualifiers per Table 1 of Chapter 62-160, F.A.C. ► Result comment(s) to include corrective/preventive actions taken for any failed QC measure (e.g., QC sample, calibration failure, etc.) or other problem related to the analysis of the samples ► Date and time of sample preparation (if applicable) ► Date and time of sample analysis ► Results of laboratory verification of field preservation ► Sample matrix ► DoH ELCP certification number for each laboratory (must be associated with the test result(s) generated by the laboratory) ► MDL ► PQL 1 Sample type (such as blank type, duplicate type, etc.) 1 Field and laboratory QC blank results: • Laboratory QC blank analysis results as required by the method, NELAC Chapter 5 and the planning document (see Section 6 below); • Field quality control results including trip blanks, field blanks, equipment blanks, and field duplicates (or replicates) as specified in the planning document (see Section 6) 0 Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates, as applicable 1 Results of surrogate spike analyses (if performed) 1 Results of laboratory control samples (LCS) / Link between each reported quality control measure (e.g., QC blanks, matrix spikes, LCS, duplicates, calibration failure, etc.) and the associated sample result(s) ► Acceptance criteria used to evaluate each reported quality control measure d. The GRANTEE shall ensure that the following field -related information is reported to the DEP contract manager: 1 Site and/or facility name, address and phone number ► Field 1D for each sample container and the associated analytes (test methods) for which the container was collected ► Date and time of sample collection ► Sample collection depth ► Sample collection method identified by the DEP SOP number, where applicable / if performed, indicate samples that were filtered ► Field test measurement results: • DEP SOP number (FT -series), where applicable • Parameter name • Result • Result unit • Applicable Data Qualifiers per Table 1 of Chapter 62-160, F.A.C. / Narrative comments discussing corrective/preventive actions taken for any failed QC measure (e.g., blank contamination, meter calibration failure, split sample results, etc.), unacceptable field measurement or other problems related to the sampling event. Revision Date: 02/09 DEP Agreement No. G0382, Attachment .I, Page 3 of 14 Packet Pg. 351 7.M.4.b e. The GRANTEE shall submit the lab and field data above electronically in either Excel or Access format. AUDITS a. AUDITS BY THE DEPARTMENT — Pursuant to Rule 62-160,650, F.A.C., the Department may conduct audits of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite audits, the GRANTEE, upon request by the Department, must provide all field and laboratory records pertinent to the contracted field and laboratory activities. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) or do not meet the data quality objectives specified by the Contract, the DEP contract manager shall pursue remedies available to the Department, including those outlined in Section 8 below. b. PLANNING REVIEW AUDITS — (i) Initial: Within 15 days of completing the first sampling and analysis event, the GRANTEE and all associated subcontractors shall review the planning document (see Section 6 below) relative to the completed field and laboratory activities to determine if the data quality objectives are being met, identify any improvements to be made to the process, and refine the sampling and/or analytical design or schedule. Within one month of the review, a summary of the review, including any corrective action plans or amendments to the planning document, shall be sent to the DEP Grant Manager and a copy shall be maintained with the permanent project records. (ii) Ongoing: Planning reviews as described in item (i) above shall occur annually, C. QUALITY SYSTEMS AUDITS — The GRANTEE and all subcontractors shall ensure that any required laboratory and field quality system and management systems audits are performed according to the respective Quality Manuals for each contracted and sub -contracted entity. These audits shall be documented in the GRANTEE's and subcontractors' records. d, STATEMENTS OF USABILITY — As a part of the audit process and the final report, the GRANTEE shall provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality Indicators specified in the planning document, this attachment and the addenda. (i) The GRANTEE shall ensure that all acceptance and usability criteria required by this Agreement not specified above are listed in the planning document. (i i) The GRANTEE shall ensure that the results of all quality control measures described above are evaluated according to the acceptance criteria listed in this attachment, the addenda and the planning document. (iii) The GRANTEE shall ensure that all sample results are evaluated according to the additional usability criteria specified in the planning document. PLANNING DoctiNIENT a. The GRANTEE shall submit the planning document identified below to the DEP Grant Manager no later than 120 days prior to the commencement of field and laboratory activities. Failure to submit the planning document in this required timeframe shall result in a delay of approval to begin work until the document has been submitted to the Department and approved by the DEP Grant Manager. The document shall be submitted as a Quality Assurance Project Plan (QAPP) that is prepared in accordance with "EPA Requirements for Quality Assurance Project Plans, EPA QA/R-5", (EPA/240B-01/003 March 2001). b. The GRANTEE and subcontractors may submit a version of the planning document to the Department for approval no more than three times. if the GRANTEE fails to obtain approval for the planning document after the third (final) submission to the Department, the DEP Grant Manager may suspend or terminate the Agreement. c. The DEP Agreement number shall appear on the title page of the submitted planning document. Within forty-five (45) days of receipt of the properly identified planning document by the Department, the Department shall review and either approve the planning document or provide comments to the GRANTEE and affected subcontractors as to why the planning document is not approved. If further revisions are needed, the GRANTEE shall then have fifteen (15) days from the receipt of review comments to respond. The Department shall respond to all revisions to the planning document within thirty (30) days of receipt of any revisions. d. If the review of the planning document by the Department is delayed, through no fault of the GRANTEE, beyond sixty (60) days after the planning document is received by the Department, the GRANTEE shall have the option, after the planning document is approved, of requesting and receiving an extension in the term of the Agreement for a time period not to exceed the period of delayed review and approval. This option must be exercised at least sixty (60) days prior to the current termination date of the Agreement. Revision Date: 02/09 DEP Agreement No. G0382, Altachmcnt J. ]'age 4 of 14 Packet Pg. 352 7.M.4.b e. Work may not begin for specific Agreement tasks until approval has been received by the GRANTEE from the DEP Grant Manager. Sampling and analysis for the Contract may not begin until the planning document has been approved. f. Once approved, the GRANTEE shall follow the protocols specified in the approved planning document including, but not limited to: ► Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability; ► Using only the protocols approved in the planning document; and ► Using only the equipment approved in the planning document. g. If any significant changes in procedures or test methods, changes in equipment, changes in subcontractor organizations or changes in key personnel occur, the GRANTEE shall submit appropriate revisions of the planning document to the DEP Grant Manager for review, The proposed revisions may not be implemented until they have been approved by the DEP Grant Manager. If the GRANTEE fails to submit the required revisions, the DEP Grant Manager may suspend or terminate the Agreement. h, When the approved planning document requires modification, the amendments shall be (i) Provided in a new planning document, or (ii) Provided as amended sections of the current planning document, or (iii) Documented through written or electronic correspondence with the DEP Grant Manager and incorporated into the approved planning document. DELIVMXBLES a. The following lists the expected schedule for the deliverables that are associated with the Quality Assurance requirements of this Agreement. (i) Copy of DoH ELCP Certificate(s) and the associated list(s) of specific fields of accreditation, per item 2.d above. (i i) Copies of the QCC sample results per item 2.47. above. (iii) Non-standard laboratory or field procedures —The GRANTEE shall submit to the DEP Grant Manager all required information necessary for review of non-standard procedures per items 2.h. and 3.b, above. (iv) Reports of planning review audits as specified in item 5.b. above. (v) Statements of Usability as specified in item 5.d. above. (vi) Planning document per Section 6, above. CONSEQUENCES a. Failure to comply with any requirement of this attachment may result in: (i) Immediate termination of the Contract. (i i) Withheld payment for the affected activities, (iii) Contract suspension until the requirement(s) has been met. (iv) A request to refund already disbursed payments. (v) A request to redo work affected by the non -compliant activity. (vi) Other remedies available to the Department. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revision Date: 02/09 DGP Agreenunt No. G0382, Aitachnimt J, Page 5 of 14 Packet Pg. 353 7.M.4.b Addendum 1 Quality Control Requirements for Laboratories Performing Chemical Analysis In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Agreement. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Agreement. Matrix -Related Quality Control Samples - The GRANTEE shall ensure that samples associated with this Agreement are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates, The laboratory shall analyze these samples: a, The first time samples from a sample collection matrix (see Table FA 1000-1) are submitted to the laboratory under this Agreement for analysis. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. b. After the first 20 samples from the sample collection matrix have been analyzed, at least one matrix spike and either laboratory duplicates or matrix spike duplicates shall be composed using a sample or samples selected from each additional 20 samples of the sample collection matrix submitted to the laboratory. c. The last time samples from the sample collection matrix are received and analyzed. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. d. Spike levels must be at the concentrations specified in item 3 below. e. If the selected sample concentration is expected to be below the Agreement -specified practical quantitation limit (PQL) listed in the planning document, then matrix spike duplicates must be used. Per NELAC Chapter 5 requirements, as least one Laboratory Control Sample (LCS; also known as Laboratory Fortified Blank) shall be prepared, analyzed and evaluated with each batch of 20 samples or less. a. The acceptance criteria for the LCS shall be specified in the planning document. b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed with a new LCS. If the samples cannot be reprocessed, the data must be appropriately qualified. For applicable analytes denoted in the planning document, a QC check sample, standard reference material (SRM) or other quality control sample, hereinafter identified collectively as quality control check samples (QCCS), shall be processed with each sample preparation batch and analyzed for evaluation according to the acceptance limits established for the QCCS. a. Analysis of a QCCS is required for but not limited to the following analyses: (i) Chlorophyll — the assay for the QCCS or its original formulation shall have been determined by an organization external to the laboratory ; (ii) Biochemical oxygen demand (BOD) or carbonaceous BOD (CBOD) — the method -specified glucose/glutamic acid check solution shall be used; and, (iii) Copper in seawater — the QCCS shall be any seawater -matrix SRM assayed by an organization external to the laboratory. b. If the QCCS is unacceptable, the samples associated with the QCCS shall be reprocessed with a new QCCS. If the samples cannot be reprocessed, the data must be appropriately qualified for all contracted samples in the preparation batch. Spiking/Fortification Requirements - All spike fortifications must take place prior to any required sample preparation steps (e.g., sample extraction, sample digestion, pH adjustment, etc.). The final concentration of any spike fortification shall be at the applicable level identified below. a. If any of the samples in the preparation batch are non -detect (i.e., below the MDL specified in the planning document), the spiking level must not be greater than 2 times the Contract -specified PQL. b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted sample in the preparation batch. Evaluation of Matrix Spikes - The results of matrix spikes must meet the acceptance criteria specified by the Contract and listed in the planning document or the data must be appropriately qualified. a. If the failure is reported to be due to sample matrix interference, the laboratory shall document the process by which this conclusion is determined. Evaluation of Laboratory Duplicate/Replicate Samples — All replicate samples (sample duplicates, matrix spike duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 % RPD. This criterion shall be listed in the planning document. a. In the event that laboratory replicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. Revision Date: 02/09 DEP Agreement No. G0382, Attachment 1. Page 6 of 14 Packet Pg. 354 7.M.4.b 7. Instrument Calibration — In addition to calibration procedures specified in the analytical methods listed in the planning document, the GRANTEE shall ensure that the following requirements are met: a. All sample results shall be chronologically bracketed between acceptable calibration verifications. b. Initial Calibration Requirements (i) The minimum number of calibration standards required to calibrate each instrument used for the contracted analyses shall conform to the analytical method approved in the planning document, If the minimum number of calibration standards is not specified in the method, the number must be specified in the planning document and shall be consistent with the NELAC Chapter 5 standards. (i i) Unless otherwise specified by the method, all sample results shall be based on the initial calibration curve responses. (iii) If linear regressions are used, the correlation coefficient shall be equal to or greater than 0.995 for all regressions. (iv) Immediately after performing an initial calibration, the accuracy of the calibration shall be verified using a second source. A second source may be a standard, a Standard Reference Material (SRM), or other sample type with a verified concentration such as a QC Check Sample. Standards must have been prepared from a different lot or vendor. (v) The acceptance criteria for second -source verifications shall be specified in the planning document. (vi) Sample analysis cannot proceed if an initial calibration is unacceptable. c. Continuing Calibration Requirements: (i) When an initial calibration is not performed on the day of analysis, a continuing calibration standard shall be analyzed, evaluated and determined to be acceptable prior to analyzing samples. (ii) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run. (iii) The acceptance criteria for continuing calibration verifications shall be specified in the planning document. (iv) For each analytical run, the analytical sensitivity must be evaluated using a continuing calibration standard prepared at the Contract -specified PQL. The analyzed value of this standard must be within 70% -- 130% of the expected value. If this PQL check fails, the blank and associated sample results must be reported as "estimated" per Chapter 62-160, F.A.C. unless the affected results are at least 10 times the absolute value of the observed bias of the PQL check. (v) If a continuing calibration verification fails, samples not chronologically bracketed by acceptable calibration verifications must be reanalyzed or appropriately qualified. d. Sample results below the Contract -specified PQL and above the highest calibration standard shall be appropriately qualified. 8. Quality Control Blanks a. If a Contracted analyte is detected in any analytical QC blank, the sample results that are associated with the blank must be reported with the appropriate qualifier from Chapter 62-160, F.A.C., unless the affected sample concentrations are at least 10 times higher than the calculated QC blank concentration. b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC blanks. c. If a Contracted analyte is detected in the field blank, equipment blank or trip blank, the result most be confirmed by reanalyzing a new aliquot of the blank unless the sample concentration results associated with the blank are at least 10 times the calculated blank concentration. The laboratory must investigate the blank contamination to determine that positive blank results are not due to a laboratory error and report the affected samples and field -generated blank results with appropriate qualifiers and/or comments. 9. If any quality control measure or calibration verification fails (including those specified above), samples that are associated with the failure must be reanalyzed, if possible. Sample data that are associated with a failed quality control measure or calibration must be appropriately qualified as specified in Chapter 62-160, F.A.C. An explanatory comment must be attached to the final report for each result that has a qualifier code other than U, 1, or A. Any additional qualifier codes used but not explicitly listed in Chapter 62-160, F.A.C. must be identified and defined in the report. 10, The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation weights and volumes., I. Field QC duplicates or replicates - The GRANTEE shall ensure that field duplicates (not to be confused with laboratory duplicates) are analyzed. All field duplicate results greater than the contracted PQL should agree within 20% RPD for each measured analyze. In the event that field duplicate agreement is not observed, the Revision Date: 02/09 DFP Agreement No. G0382, Attachment 1, Page 7 of 14 Packet Pg. 355 7.M.4.b laboratory must investigate sufficiently to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. 12. For all organic analyses using either gas chromatography or HPLC, analytes with concentrations above the method detection limit shall be confirmed by at least one of the qualitative identification measures listed below. Confirmation must occur the first time an analyte is detected at a sampling point. ► Second column/same detector ► Second column/alternate detector ► Same column/alternate detector ► Mass spectrometry ► Alternate wavelength REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revision Date. 02/09 DF.P Agreement No. 60382. Attachinent J, Page 8 of 14 Packet Pg. 356 7.M.4.b Addendum 2 Quality Control Requirements for Laboratories Performing Microbiological Testing In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Agreement. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Agreement. i. All microbiological analyses must conform to the requirements for facilities, personnel qualifications, equipment specifications and quality control measures discussed in 4WWA Standard Methods, section 9020 (all acceptable editions) 2. Holding Times — Any sample that exceeds the holding time specified in 40 CFR Part 136 (for non -potable water) or 40 CFR Part 141 (for drinking water compliance) must be appropriately qualified with a "Q". The holding begins with the sample collection date and time and ends with the date and time of the placement of the processed sample into or on the applicable growth medium. a. For non -potable water, the maximum transport time to the laboratory is 6 hours and samples should be processed within 2 hours of receipt at the laboratory. For purposes of contractual services and to determine compliance with this requirement, the Department will allow no greater than 6 hours from time of collection to the time of receipt by the laboratory AND no greater than 8 hours from time of collection to the placement of the processed sample into or on the applicable growth medium b. All samples that are either received after 6 hours OR placed into or on growth medium after 8 hours will be considered outside of holding time and must be qualified with a "Q" qualifier. (i) All samples that exceed the method -specified incubation period (range of minimum to maximum) shall be qualified with a "J" qualifier. c. For drinking water compliance, the time from sample collection to placement of the processed sample into or on the applicable growth medium may not exceed 30 hours. (i) All samples that are processed after 30 hours will be considered outside of holding time and must be qualified with a "Q" qualifier. (ii) All samples that exceed the method -specified incubation period (range of minimum to maximum hours) shall be qualified with a "J" qualifier. d. In order to evaluate the holding time for each sample, the following information shall be documented. (1) Date and time of sample collection (2) Date and time of laboratory receipt of the sample (3) Date and time the analysis begins — (The time at which the sample is placed in or on the appropriate media for incubation). (4) Date and time incubation begins (5) Date and time analysis ends - The date and time incubation ends and plates/tubes are read. 3. Dilutions for membrane filter analysis - In order to achieve the recommended range of target organisms (20 -- 60 colony forming units (CFU) for fecal coliform, enterococci and fecal streptococcus or 20 — 80 for total coliforms and E.coli), multiple dilutions of a sample must be run. While the general history of a sample site may be well known, the water will be influenced by many environmental factors at any one time. a. A minimum of 3 dilutions will be run for each sample analysis (except blanks). The three dilution volumes may vary according to the range of expected values or an understanding of the environmental conditions at the time of sampling. Waters of a higher quality (low microbial density) may benefit from a dilution series of 100 mL, 50 mL, and 25 mL of sample volume, whereas, lower quality waters (high microbial density) might require only 10 mL, 1.0 mL, and 0.1 ntL. Use a 100 mL dilution for all blanks (including field and equipment blanks). Table I provides suggested volumes for varying water sources and has been adapted from Table 9222:I11, Standard Methods, 2011 Edition, and can be used for microbiological samples: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revision Date: 02l09 DEP Agreement No. 60382.. Attachment J, Page 9 of 14 Packet Pg. 357 7.M.4.b Table 1: Suggested sample dilutions Water source Dilutions (Sample Volume, mL) Equipment, field blanks 100 Lakes, reservoirs, rivers 100, 50, 10 or 50, 10, 25 Wells, springs 100, 50, 10 or 100, 50, 25 Water supply intake 50, 10, 1 Natural bathing waters 50, 10, 1 Sewage treatment plant 10, 1, 0.1 Farm ponds, rivers I, 0.1, 0.01 Stormwater runoff 1, 0.l, 0.01 Raw municipal sewage 0.1, 0.01, 0.001 Feedlot runoff 0.1, 0.01, 0.001 Sewage sludge 0.01, 0.001, 0.0001 4. QUALITY CONTROL BLANKS a. The number and types of blanks to be run shall follow method requirements with these modifications: (i) If the membrane filter technique is used, the sample set(s) shall be associated with a beginning and ending filtration blank processed within a time period not to exceed 30 minutes. The environmental field samples shall be filtered after the beginning blank and before the ending blank. (ii) If filtration funnels are not sanitized by U light between samples, additional sterility blanks shall be filtered after every 10 samples processed within the 30-minute set b. The results of any blank must be < l CFU/100 mL or the associated sample results must be reported with the appropriate qualifier from Chapter 62-160, F.A.C. ("V" for filtration blanks and "J" for field -generated blanks). 5. Laboratory Quality Control Duplicates a. At least 10% of the samples (or one per test run) shall be duplicated. b. All duplicate results shall be evaluated per method specifications using the precision criterion. The range of the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the laboratory established precision criterion) is not observed between results from field -generated replicate samples, the laboratory must investigate the replicate analyses to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. The laboratory shall use the analytical method specifications for precision control as a guide to evaluation of the field -generated replicate results. 6. Colony Counts a. fit addition to the requirements listed below, all analytical results shall be calculated by the procedures established in the microbiological method(s) approved for the Contract and listed in the planning document. b. The laboratory shall make every attempt to ensure that colony counts are in the method -specified ideal range (20 — 60 colony forming units (CFU) for fecal coliform, enterococci and fecal streptococcus or 20 — 80 for total coliforms and E,coli), Reported values from colony plate counts outside this range shall be qualified with a "B" (unless the reported value is from a 100 nil- sample and the count is less than 20). c. If all counts are above 60, the result shall be calculated and reported froth the highest dilution. This result must be reported as "estimated". 7. Calculating Raw Data for Final Reporting - Standard Methods (SM) 9222D and EPA Method 1600 offer slightly differing guidance on the calculation and reporting of microbiological data. Although this guidance is not intended to capture every scenario possible in the calculation and reporting of the test data, the most common scenarios are discussed with the emphasis on reporting the data result, the dilution factor, and the data qualifier. For detailed discussions on additional scenarios, see the applicable method. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revision Date. 02/09 DFP Agreement No. G0381 Attachment J, I'age 10 of 14 Packet Pg. 358 7.M.4.b a. Interpretation of Standard Methods SM 9222, B.6, 20t11 Ed. and EPA 1600, Appendix B. calculations: CFU/100 mL= C x 100 V Where, CFU/100 mL = Number of enterococci or fecal coliform colony forming units per 100 mL of sample. C = Total number of positive colonies counted on all acceptable dilutions. V — Total volume, equal to the sum of all acceptable dilutions (,sample volumes used, in mL (i) When one dilution in a series has a count within the ideal CFU range (see above): (1) Use the count from the dilution that is within range to calculate the final result in the equation above. (ii) When more than one dilution in a series has an acceptable count within the ideal range use the applicable method below. Since this calculation is not a laboratory sample replicate, do not use an "A" qualifier. (I) SM 9222D - Use the sum of all dilutions within the ideal range and the sum of the counts from all dilutions in the ideal range in the equation above. (2) EPA 1600 - Independently calculate a final value for each dilution within the ideal range in the equation above and report the average of these values. (iii) When no dilutions fall within the ideal range: (1) For both methods: A "B" qualifier is not required if all dilutions were less than the lower acceptable limit (20 CFUs), and one of the dilutions was 100 mL. For this situation, report the calculated value from the 100 mL dilution without a "B". (2) SM 9222D - Use the sum of all dilutions in the equation to calculate the final result. Include dilutions that have a zero count. Report the final result with a "B" qualifier. (3) EPA 1600: (a) If all counts are under the lower acceptable limit (20 CFUs) or are both above and below the limit, choose the dilution with the count that is closest to the ideal range to calculate final result and report with a "B" qualifier. (b) If all counts are above the upper acceptable limit (60 or 80 CFUs), use the dilution with the smallest volume filtered to calculate final result and report with a "B" qualifier. (iv) If counts from all dilutions are zero: (1) For SM 9222D- Use "I" as the total number of colonies counted and include all dilutions in the equation to calculate final result. Report with a "U" qualifier. (2) For EPA 1600 - Use "1" as the total number of colonies counted and use only the highest filtration volume as total volume in the equation above to calculate final result. Report with a "U" qualifier. (v) If there are >200 target colonies in all dilutions: (vi) For both methods - Use the upper limit of the ideal range (60 or 80) and the smallest filtration volume in mL to calculate an estimated final result. Report with a "Z" qualifier. (vii)lf there are >200 non -target colonies, or if the colonies are not distinct enough to count (confluent growth) in all dilutions: (1) For both methods - Report as "No Result" with a "Z" qualifier. Use of Dilution Factor (DF) field a. Use the following equation to determine dilution factor for all samples: DF = 100 V Where, DF = Dilution Factor V = Total volume (sum of dilutions in mt., used in final calculation) Verification a. Frequency (i) Independently verify at least 10 isolated colonies from a positive sample per month. (ii) Verify atypical colonies of different morphological types to check for false negatives. (iii) Also, verify any ambiguous colonies as needed. Revision Dale: 02/09 DLP Agreement No. 00382, Attachment .L Page I I of 14 Packet Pg. 359 7.M.4.b b, Procedure (i) Use aseptic techniques to transfer growth from each colony into individual tubes. For 10 colonies, there should be 10 tubes total, for each verification test media. (ii) See Table 2 for the method requirements for fecal coliform and Enterococci. Follow the method requirements for all others. Table 2: Verification Tests Method Verify with the following: BHI Agar Slant BHI Gram stain BHI BEA BHI w16.5% NaCl 35 f 0.5°C 35 t 0,5"C (gram 45 f 0.5°C 35 f 0.5'C Enterococci 48 f 3 h 24 f 2 h positive 48 ± 3 h 48 f 3 h 35 + 0.5°C EPA 1600 (use growth for (turbidity) cocci) (turbidity) (growth w/ 48 f 3 h gram staining) black/brown (turbidity) precipitate) LTB EC Fecal 35 ± 0.5"C 44.5 f 0.2°C Coliforms 48 f 3 h 24 f 2 h SM9222D (turbidity and (turbidity and gas) gas) The response bolded in parentheses indicate the positive result for each test. c. Reporting (i) Adjust colony counts for the original positive sample based on percent of colonies verified positive. (1) For example: A sample dilution has a colony count of 30 fecal coliforms. Ten of these positive blue colonies were used in the verification tests, but only 8 verified positive for both EC and LTB. This means only 80% were verified positive and therefore the final count of 30 is adjusted by 80% to 24 colonies. (ii) For verified samples, report as "Verified" in the comment field. 10. Data Qualifier Codes - The use of Data Qualifier Codes is not discussed in the methods, but the Department's QA-Rule 62-160 KA.C, requires that data qualifiers be used when the data is being submitted to the State. The purpose of the Data Qualifier Codes is to communicate the reliability of the reported data to the consumer. Table 3 identifies those Data Qualifier codes that are generally associated with microbiological data reporting. Others may apply. The laboratory must apply any applicable data qualifiers as listed in Table l of the Quality Assurance Rule (62-160, F.A.C.) a. Any data point which is derived from any analysis other than the direct calculation of the number of colonies on a membrane filter that were within the recommended range of the method must be qualified with one or more of the Data Qualifier Codes listed below. b. Any result associated with a failed QC test must be reported with applicable data qualifiers. C. Any result that is associated with a failure to meet test requirements (e.g., holding time, incubation time, etc.) shall also be qualified with applicable data qualifiers. d. Failure to report data with appropriate data qualifier codes will be returned to the laboratory without payment for services until corrections are made. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revision Date: 02/09 DEP Agreement No. G0382, Auachnicnt J, rage 12 of 14 Packet Pg. 360 7.M.4.b 0 u ia 'C -d V .� C Cl O 21 •' L N Y d U N y 3 C .� U L C `�' cd C O ti ro •L1 4' V O o U CuO �-0 c V 0 cOi y '� > y N>Cd zi CY y Y E Cd -0 C ... o 4 �� C Y p ti $ v an E, c � �' � L= � � N �` � CO • G bA � � O v� °� N aCi L 'b C.4, v ti +T� O 7J CZ v u s c ro Cl o ao o I .y U u N N U C N ° .' °' a a� �n °A = a� o o Cd 'rii Ri cC O O L. C V U rn L�� � v C 0 G 3 C d ° N V -o m V Cli13 ;4, aCi u' a0i � o a� , U y a S ca O N W .D V cs �. oho C a� ooaxi� o�'C �U oR cd at r Oi "Cf ti O 4 O O Cl y y U V tu x s' k N ts `o V C O Cd LE 4i h 0 C. a°' c p id ro ti Cq �' � A o and � o � Cc o s' � c c Cr y o 313 = j v � .� ro L a o •� O o N y a, u (6 '� L 'O N y v N , � O C y V L O O OU L E c° 'a 4 O c, 'O O v 'O Cl NCz c� O O E cd Z! Cd V C ?O 0 G 'y b C v C S .O 0 0 0 += g U' o rz- .O Cd sCeCd Q Id Cr U 11) a 3 7j CO L o o em s. i F- O y Y m 3 c o ai ai as co cd o t ya ) a�i � y rm ro s a a Cd o L O C O C C > 4. C R CL V •— L Qj C w R. C_ to c O 0 C s CSC � 'JC a o a 7 Packet Pg. 361 7.M.4.b Packet Pg. 362 7.M.4.b ATTACHMENT K Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited frorn inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. EPA does not consider work performed under the 319 grants to fall under the definition of construction. Therefore, this provision does not apply to this specific Agreement. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and taborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous, These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, DEP Agreement No. G0382, Attachment K, Page 1 of Packet Pg. 363 7.M.4.b Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier tip to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debanment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to. (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply. 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. DEP Agreement No. G0382, Attachment K, Page 2 of 4 Packet Pg. 364 7.M.4.b 12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 — 1508 and 7324 — 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 1 1738; (c) protection of wetlands pursuant to E.O. 1 1990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-t et seq.). 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that prohibits the use of lead -based paint in construction or rehabilitation of residence structures, 20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 21. Compliance with Geospatial Data Standards must be met by the Grantee under this Agreement. All geospatial data created must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards can be found at www.fpdc.gov. DEP Agreement No. G0382, Attachment K, Page 3 of 4 Packet Pg. 365 7.M.4.b 22. Compliance with Nutrient Management Plans for Animal Feeding Operations is required under this Grant and must have and implement a nutrient management plan that: 1) provides and maintains buffers or equivalent practices; 2) diverts clean water; 3) prevents direct contact of confined animals with waters of the United States; 4) addresses animal mortality; 5) addresses chemical disposal; 6) addresses proper operation and maintenance; 7) addresses record keeping and testing; 8) maintains proper storage capacity; and 9) addresses rate and timing of land application of manure and wastewater. 23. Trafficking Victim Protection Act of 2000, the following Prohibition Statement must be included in any award of these funds to a private entity. "You as the recipient, your employees, subrecipients under this Agreement, and subrecipient's employees may not engage in severe forms of trafficking in persons during the period of time that this Agreement is in effect; procure a commercial sex act during the period of time that this Agreement is in effect; or use forced labor in the performance of this Agreement or subawards under this Agreement. 24. Registrations and Identification Information, the Grantee agrees to maintain current registration in the Central Contractor Registration (www.ccr.gov) System for Award Management (SAM) at all times during which they have active project funded with these funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. REAMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0382, Attachment K, Page 4 of 4 Packet Pg. 366 7.M.4.b ATTACHMENT L REGULATIONS rormat regulations concerning administrative procedures for EPA grants appear in Title 40 of the Code of Federal Regulations. Grant program administrative regulations appear in Subchapter B; other regulations of general applicability appear in Subchapter A. Other EPA regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. Subchapter A - General 40 C.F.R. 4 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 40 C.F.A. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by EPA 40 C.F.R. 29 Intergovernmental review of EPA prorams and activities 40 C.F.R. 30 Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations Subchapter B — Grants and Other Federal Assistance 40 C.F.R. 31 Uniform administrative requirements for grants and cooperative agreements to state and local governments 40 C.F.R. 34 New restrictions on lobbying 40 C.F.R. 35 State and local assistance 40 CFR 36 Drug -Free Workplace Act Other Federal Regulations 48 C.F.R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agency 2 CFR 1532 Nonprocurement Suspension and Debarment Regulations Office of Management and Budget Circulars A-21 (2 CFR 220) Cost Princi [es for Educational Institutions A-87 (2 CFR 225) Cost Principles for State, local, and Indian Tribal Governments A-122 (2 CFR 230) Cost Principles for Non -Profit Organizations A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0382, Attachment L, rage l of l Packet Pg. 367 7.M.4.c RESOLUTION A RESOLUTION ACCEPTING THE FLORDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT (#G0382) FOR WHITE CITY DRAINAGE PROJECT - CITRUS & SAEGER STORMWATER IMPROVEMENTS AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Environmental Protection has awarded the County funding for White City Drainage Project - Citrus & Saeger Stormwater Improvements (#G0382). 2. The Board should authorize and approve execution of the Grant Agreement with the Florida Department of Environmental Protection for the above - referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Grant Agreement with the Florida Department of Environmental Protection (#G0382) to provide funding for White City Drainage Project - Citrus & Saeger Stormwater Improvements 2. The Board hereby authorizes and Chairperson to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page 1 of 2 Packet Pg. 368 7.M.4.c After motion and second, the vote on Resolution was as follows: Chair Frannie Hutchinson Vice -Chair Paula Lewis Commissioner Chris Dzadovsky Commissioner Kim Johnson Commissioner Tod Mowery PASSED AND DULY ADOPTED this 15t" day of April, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2of2 Packet Pg. 369 7.M.5 ITEM NO. (ID # 2006) DATE: 04/15/2014 AGENDA REQUEST *CONSENT AGENDA\PUBLIC WORKS TO: Board of County Commissioners PRESENTED BY: Michael Powley, County Engineer SUBMITTED BY: Engineering SUBJECT: Gazzara Retail Building BACKGROUND: The Gazzara Retail Building is located at the southwest corner of Angle Road and Avenue A and consists of a 4,200-square foot retail building, a parking area and stormwater retention areas. The developer was required to construct off -site improvements within the Angle Road and Avenue A rights -of -way. These improvements are concrete sidewalks, drainage improvements and roadway improvements. This work has been completed and conditionally accepted. County staff inspected the improvements after the appropriate time on March 11, 2014 and determined that all off -site constructed improvements were acceptable. PREVIOUS ACTION: August 18, 2010 - County Administrator approved the Road Improvement Agreement. March 6, 2012 - BOCC approved conditional acceptance and authorized the release of surety in the amount of $83,437.01. FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of the final acceptance of the off -site improvements and release of surety in the amount of $12,515.67. [are ►] Til►�ifR1.1raP►I_Ts"191 F Packet Pg. 370 7.M.5 Coordination/Signatures --N C"ma CA Con We t, Public Works Directo /2014 Heather Young, Asst. County Attorney 3/25/2014 Faye W. Outlaw, County Administrator 4/3/2014 Updated: 4/2/2014 1:43 PM by Kelly Phelan Page 2 Packet Pg. 371 ITEM NO. (ID # 2001) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Toby Long, Director Sheriff's Office DATE: 04/15/2014 *CONSENT AGENDA\SHERIFF'S OFFICE Authorization to submit an electronic application for the 2014 State Criminal Alien Assistance Program (SCAAP) Grant The St. Lucie County Sheriff's Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice (DOJ), Bureau of Justice Assistance's (BJA) 2014 State Criminal Alien Assistance Program (SCAAP) Grant. This grant is a retroactive reimbursement grant awarded to localities that had to incarcerate undocumented criminal aliens. The actual award amount is based on the number of inmates which fit into this category. Based on last year's award, the estimated amount of this grant is $104,000.00. The actual award amount will be determined by the Department of Justice. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The actual amount of the grant will not be known until the award is granted. If awarded, there is no match requirement. A grant fund will be established upon approval by the Granting Agency. RECOMMENDATION: Staff Recommends that the Board of County Commission approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2014 State Criminal Alien Assistance (SCAAP) Program Grant offered by the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA). COMMISSION ACTION: Packet Pg. 372 Coordination/Signatures n J. s am, Sheriff 3/17/2014 Danie S. McIntyre, C my ttorney 3/20/2014 Faye W. Outlaw, County Administrator 4/3/2014 Updated: 3/17/2014 1:50 PM by Charmayne Davis Page 2 Packet Pg. 373 7.N.a Charmayne Davis From: owner-bvp-list@ojp.usdoj.gov on behalf of SCAAP <SCAAP@usdoj.gov> Sent: Tuesday, March 11, 2014 8:34 PM Subject: State Criminal Alien Assistance Program (SCAAP) FY 2014 Application Announcement Importance: High Dear SCAAP Participant, The Bureau of Justice Assistance (BJA) is pleased to announce the upcoming release date of the FY 2014 State Criminal r c Alien Assistance (SCAAP) Program and to provide updates to the SCAAP Guidance. BJA administers SCAAP in conjunction with the Bureau of Immigration and Customs Enforcement (ICE) and Citizenship c and Immigration Services, Department of Homeland Security (DHS). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens. 0 Opening Date and Deadline Q The OJP Grants Management System (GMS) will open on Tuesday, April 1, 2014 to accept the Fiscal Year 2014 SCAAP o applications. All applications must be submitted electronically at https://grants.oip.usdoi.gov by 6:00 p.m. (e.d.t.) on May 13, 2014. Extensions or exceptions to this deadline cannot be granted. Because of the volume and complexities involved in verification of all submitted inmate data and the fact that BJA transmits this file to DHS immediately after the close of Q the solicitation, it is not possible for additional applicant data to be reviewed and sent to DHS after the deadline. How to Apply r O N Enter your user name and password at the GMS site https://grants.oip.usdoi.gov. Once you have logged in, go to the a Funding Opportunities link on the left hand side of the screen. Search for all Bureau of Justice Assistance grants. Locate Q the SCAAP solicitation after the search is complete and click on the Apply Online button. For assistance with the user v name and password, please contact the GMS Helpdesk at 1-888-549-9901, option 3. N E Reporting Period 0 L The FY 2014 reporting period for inmate and salary cost data is July 1, 2012 - June 30, 2013. a- m Salary Costs r N Salary cost data must be actual dollar amounts paid for correctional officers salaries during the reporting period. y Correctional officer salary costs may include premium pay for specialized service, shift differential pay, and fixed -pay Q increases for time in service. It may also include overtime required by negotiated contract, statute, or regulation such as m union agreements, contractual obligations, and required post staffing minimums. This figure should not include benefits. a FBI Number S E The Bureau of Justice Assistance is highly encouraging SCAAP applicants to include the FBI number for each inmate L v record submitted on the FY 2014 SCAAP application. The FBI number is one of several options that will help ensure that only eligible inmates are entered into the SCAAP application, as the FBI number is automatically assigned to each Cn individual arrested and convicted of a felony or two misdemeanors. Per the SCAAP Program Guidelines, eligible inmates c are defined as those who have one felony conviction or two misdemeanor convictions. In addition, the FBI number should help decrease the number of unknown inmate records paid each year with SCAAP funds. Please see the following link to E E assist recipients that have not collected the FBI number in the past for each state: http://www.fbi.gov/about- 0 us/clis/criminal-history-summary-checks/state-identification-bureau-listing. Q Sincerely, Packet Pg. 374 7.N.a SCAAP Program Team T- O O N C 0) E V C 3 O C C Q C O R v Q Q Q r O N LL d Q Q U E O L O L Q. L) C A N N Q C O a �L U m r R Cn C a� E t r Q Packet Pg. 375 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Ron Roberts, Contracts & Program Manager SUBMITTED BY: Solid Waste Division SUBJECT: Equipment Purchase ITEM NO. (ID # 2049) DATE: 04/15/2014 *CONSENT AGENDA\SOLID WASTE BACKGROUND: This request is to purchase a 930 Loader off the Florida Sheriff's Association Contract #13-11-0904 at a cost of $204,500 (EQ14-136) for the Single Stream Recycling Processing Facility. This specialized piece of equipment is necessary for safe and efficient operation of the facility. Ordering this equipment now will allow for the delivery time of 22 weeks to coincide with the opening of the facility. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in Solid Waste Operating Reserve Account 401-3410-599300-300. After Board approval a line to line will be done transering funds to Machinery & Equipment 401-3410-564000- 300. RECOMMENDATION: Recommend Board approval to purchase a 930 Loader from Kelly Tractor for a total cost of $204,500. COMMISSION ACTION: Packet Pg. 376 Coordination/Signatures C"'-ntj J.V'.-� - Marie dro f ' a ag ent & Budget Director4/11/2014 Danie S. McIntyre, C my ttorney 4/14/2014 Updated: 4/14/2014 8:20 AM by Kelly Phelan Page 2 Packet Pg. 377 7.0a ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2013-14 DEPARTMENT: SOLID WASTE RECOMMENDED: X YES I NO REVISED DIVISION: SOLID WASTE APPROVED: I YES I NO I REVISED EQUIPMENT: 930 Loader 11ADDITIONAL COSTS BUDGET AMOUNT: $204.500 X NEW I REPLACEMENT YES I NO This specialized piece of equipment is necessary for the safe and efficient operation of the new Single Stream Processing Facility. Ordering this equipment now will allow for the delivery time 22 weeks to conincide with the opening of the facility. Equipment Request Number EQ14-136 for a total cost of $204,500 to be purchased off Florida Sheriffs Association Contract C13-11-0904. IPMENT REQ#: EQ14-136 ACCOUNT#: 401-3410-599300-300 11 Packet Pg. 378