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Agenda Packet 02-27-07
Febr...." 27, 2007 '100 A.M. BOARD OF COUNIY COMMIS.IONER. AGENDA WELCOME ALL MEEIINGJ.AItE1"~EV"EI). AL" MEEIING. PROVIDED WIIH WIRELESS INIERNEI ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR<TOENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA1S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tu~sday at º:oo P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesd(]y, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designqtions Clre intended t.o indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing Clnd aSRs anyone wishing to speaR to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues Clre scheduled before the Commission underdepClrtmentrec¡uest or public hearing, the order of presentation is: (1) County staff presents the details of the BOClrditem(2)Commissioners comment (3) if a public hearing, the Chairman will aSR for public comment, (4) further discussion and actionþy the board. ADDREUING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise. advertised. . Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Av.e" Ft. Pierce, FL 34982. The B9ard schedules additional worl:?shops throughout the year necessary to accomplish their gOClls and.commitments. Notice is. proyided of these worl:?shops. Assistive Listening Device is available to anyone with CI hearing disabilit!t'., . Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BO.lRD OF COUNTY COMMISSIONERS Chrb Craft, Chairman Joteph E. Smith, Vice Chairman Doug Coward Paula A. Lewh Charlet Grande Db"lct No. S Di,t,lct No. I Dbbict NO.2 Dbt,.ct No. J Db!rict No. .. Februar" 27, 2007 '100 A.M. Invocation Pledge of Allegiance J MINUIE' Approve the minutes from February 20, 2007 meeting. 2. PROCLAMATION./PRE.ENIAIION. vA. Presentation by Ms. Vel Thompson on the City of St, Petersburg N- Team's Code Assistance Program vW. Presentation by Ed Fry, CierI:? of Courts on Court Technology and Public Web Site. J. GENERAL PUBLIC COMMENI 4. SA. There are no public hearings scheduled for February 27, 2007 END OF G. COUNIY AITORNEY Joint Site Agreement with St. Lucie County School Boqrd - RelQcation of Fort Pierce Central High School - Consider staff recommendation to approve the Joint Site Agreement and authorize the Chairman to sign the Agreement. CON'ENT AGENDA I. WARRANTS Approve warrant list No. 21 2. COUNTY ATTORNEY A. Second Amendment to March 9, 2004 Agreement with Clarion Associates - Consider staff recommendation to approve the Second Amendment to the March 9,2004 Agreement and authorize the Chairman to sign the Second Amendment. B. Resolution No. 07-080 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County - Consider staff recommendation to approve Resolution No. 07-080 and authorize the Chairman to sign the Resolution. C. Contract for Sale and Purchase - Paradise Par!:? Stormwater Improvement - Eleanor Johnson-Morris - Tax ID 1433-101-0442-000/5 - Consider stqff recommendQtionto approve the Contract for Sale and Purchase from Eleanor Johnson-Morris for the purchase price of $2S,OQO.00, authorize the Chairman to sign the Contract and direct staff to proceed with the dosing and record the Warranty Deed in the Public Records of St. Lucie County. D. Contract for Sale and Purchase - Paradise Par!:? Stormwater Improv(3ment - Roneesha Octavien Smith - Tax ID 1433-701-0440-000/1 - Consider staff recomrnendatiQn to approve the Contract for Sale and Purchase from Roneesha Octavien Smith for the purchase price of $25,QOO.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. E. B&E Houc!:? Enterprises, Inc. - Consent to Subleases -Consider staff recommendation to consent to the sublease agreements submitted by B&E Houc!:? Enterprises, Inc. F. 3904 N. Kings Highway - First Amendment to S(3ptember 1, 2000 Lease Agreement with James and Brenda Gibbons - Consider staff recommendation to approve the proposed First Amendment to September 1, 2000 Lease Agreement G. Hurricane Housing Recovery (HHR) Plan - Declaration of Covenants for Obtainable Dwelling Units in Cortez Village - Consider staff recommendation to approve the proposed Declaration of Covenants for Cortez Village H. Extension of Declaration of State of Local Emergency - Indian River Drive - Consider staff recommendation to approve the Declaration and authorize the Public Safety Director to sign the Declaration. I. Contract for Sale and Purchase - Paradise Par!:? Stormwater Improvement - Blance Forrester - Tax ID 1433-701-0530-000/9 - Consider staff recommendation to. approve the Contract for Sale and Purchase from Blance Forrester for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. J. Contract for Sale and Purchase - Paradise pqr!:? Stormwater Improvement - Mr. & Mrs. Fran!:? Robinson - Mr. & Mrs. Fran!:? Robinson - Tax ID 1433-801-0144-000/3 - Consider staff recommendation to approve the Contract for S.ale and PI.m::hase from Mr. & Mrs. Robinson for the purchase price of $30,000.00, authorize theChqirman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. K. St. Lucie County International Airport - First Amendment to August 27, 2002 Lease Agreement with T. Bennett - Consider staff recommendQtion to qpprove the proposed First Amendment to the August 27, 2002 Lease Agreement with T. Bennett, and quthorize the Chqirman to sign the amendment. L. Budget Amendment Number BA 07-042 requesting the transfer Qf $2,Q3().00 from Equipment Maintenance (Account Number 001-1410-S46000-1()0) to Mqchinery &: Equiprnent (Account Number 001-1410-564000-100) - Consider staff recommendation to approve the transfer of $2,030.00 from Equipment Maintenance to Machinery & Equipment as requested. M. St. Lucie County Utilities - Seventh Amendment with Severn Trent Environmentql Services, Inc. - approve the Seventh Amendment and authorize the Chairman to sign the Amendment. Con,ent Agenda Fehruar" 27, 2007 Page Two COUNTY ATTORNEY CONTINUED N. Contract for Sale and Purchase - Paradise ParR Stormwater Improvement - BJS Properties, Inc. - Tax 10 1433-701-0457-000/3 - Tax 101433-701-0255-000/7 - Consider staff recommendation to approve the Contract for Sale and Purchase from BJS Properties, Inc. for the purchase price of $67,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. J. PARKS AND RECREAIION Drug Abuse Resistance Education (D.A.R.E.) Waiver of Fees/Lawnwood Complex - Consider staff recommendation to approve St. Lucie County Sheriff's Depqrtment's request to waive rental fees in the amount of $700.00 for use of the Lawnwood Complex parRing area to hold its D.A.R.E. Carnival April 9-15, 2007. 4. PARKS REFERENDUM Lawnwood Soccer Fields/The Collage Companies (C06-06-334)/ Change Order No.2 - Consider staff recommendation to approve Change Order No.2 for TheCollageCompqnies in the amount of $14,628 for the additional worl:? on the lawnwood Complex soccer fields. Approve Collage's request for a 195-day extension for substantial completion of the project. 5. PUBLIC WORK' A. Engineering Division - Repair of Bridges Related to Hurricane Wilma - First Arnendment to WorR Authorization No. 2 to the Professional Engineering Servic;es Contract for Bridge Evaluation and Design with JenRins and Charland, Inc., in the amount of $35,655.00 - Consider staff recommendation to approve the First Amendment to WQrR Authori;zatiQn No. 2 to· the Professional Engineering Services Contract for Bridge Evaluation and Design with JenRim and Charland, Inc., for Repair of Bridges Related to Hurricane Wilma in the amount of$;J5,655.,OO, and signature by the Chairman. B. Road and Bridge Division - Approve a Bid Waiyer and. Equipment Request (EQ07-310) for a Sole Source Equipment purchase from Hydraulic; TrucRCo.nveyor, Inc;. - Comider staff recommendation to approve a Bid Waiver and Equipment Request (EQ07-310) for a Sole Source Equipment purchase from Hydraulic TrucR Conveyor, Inc in the amount of$34,686.50 to purchase a Hydraulic Conveyor. Also, approve Equipment Request (EQ07-311) to purchase a new 72" Hydraulic Sweeper in amount of $3,995.00 from Southern TracR and Pump. C.. Road and Bridge Division - ApprQve Bid Waiver to purchase two Dump trucRs (EQ07-241 and EQ07- 242) in the amount Qf $85,541.00 eac;h from Re,htien International - Comider staff recommendation to approve a Bid Waiver to purchqse two Dump trucRS (EQ07-241 and EQ07-242) in the amount of $85,541.00 each from Rechtien Internationâl. D. Road and Bridge Division - Approve clarification of the contract to PiggybacR the Marion County Board of County Commissioners Contrqçf: NQ.04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application WITH Florida Highway Prodl.lcts, Inc. whkh was approved by the Board of County Commission on January 23, 2007 to include q not to exceed amount of $250,000.00 - Consider staff recommendation to approve the c;larific;ation of the contract to piggybacR the Marion County Board of County Commissioners Contract NQ. 04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway PrQducts Inc. which was approved by the Board of County Commission on January 23, 2007 to includeianot to exceed amount of $250,000.00 and authorize the Chairman to sign the Contract prepared by the County Attorney. Consent Agenda Februar" 2." 200., Page Three G. GRANTS Authorize Amendment No. 1 to Contract C-15305/36000()100a (St. Lucie County Contract C05-11-637) between St. Lucie County and the South Florida Water ManQgement District to extend the term of the grant contract from 1/27/2007 to 7/25/2007. The amendment does not. amend the grant amount or the scope of worl:? - Consider staff recommendation to authorize the amendméntto Contract C05-11-637. .,. MANAGEMENT AND BUDGET Adopt Budget Resolution No. 07-070 to establish a bud"et for Fiscal Year 2007 for the South Florida Water Management District Grant for Water Savings IncentivErProgramin the amount of $50,000. - Consider staff recommendation to adopt Budget Resolution No. 07-070 to establish a budget for Fiscal Year 2007 for the South Florida Water Management District Grant for Water Savings incentive Program in the amount of $50,000. 8. HUMAN RESOURCE' Cellular Phones - Authorization - Issuance and Usage - Consider staff recommendation to approve of Cellular Phones: Authorization; Issuance and Usage Policy. .. PURCHASING A. Fourth Amendment to Contract No. COO-09-539 with Harbor Branch Environmental Laboratory, Inc. - Consider staff recommendation to approve the Fourth Amendment to Contract No. COO-09-539, and authorize the Chairman to sign the Amendment as. prepared by the County Attorney. B. Award of Bid No. 07-026 - Customs Building HVACRenovations to the lowest responsive, responsible bidder, Sea Coast A/C and Sheet Metal, Inc, - Consider staff recommendation to approve to award Bid No. 07-026 to the lowest responsive and responsible bidder, Sea COqst .Air Conditioning and Sheet Metal, Inc. for the total amount of $114,301.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Cancel Assignment of Contract C05-12-686 from AlA Employment of Miami to Capital TempFunds, Inc. - Consider staff recommendation to approye the cancellation of the assignment of contract C05- 12-686 from AlA Employment of Miami to Capital TernpFunds, Inc. D. First Amendment to Contract C06-05-346 with Snappy Auto Care, Inc. - Consider staff recommendation to approve the first amendmenttocontrq.ct C06-05-346 with Snappy Auto Care, Inc. for Maintenance Services for Cars and PicR Up TrucRs and permission for the Chairman to sign the amendment as prepared by the County Attorney. E. First Amendment to Contract C02-03-331 with BaRer & TaylQr, Inc. - Consider staff recommendation to approve the first amendment to contract C02-03-3;l1 with BqRer & Taylor, Inc. for Bool:? Leasing Program and permission for the Chairman to sign the amendment as prepared by the County Attorney. '10. COMMUNITY .ERVICE' A. Approval of Amendment No. 2 to the contract between the State of Florida Department of Health and St. Lucie County for Operation of the Health Department - Consider staff recommendation to approve Amendment No. 2 to the contract, and authorize the Chairman to sign all pertinent documents necessary. B. To approve the Florida Department of Transportation Joint Participation Agreement Supplement number One, which will provide $275,000 in additional funding of the Intermodal transit facility located at ath and Avenue D - Consider staff recommendation to authorize the Chair to sign the Florida Department of Transportation Joint Participation Agreement Intermodal supplement number one and all the necessary documents pertaining to this grant. COluent Agenda Februarp 27, 2007 Page Four COMMUNITY .ERVICE' CONIINUED C. Approval to execute a sub-recipient and interlocal a{;Jreement with the City of Port St. Lucie in order to administer the 2005 Community DevelopmentBlocRqrant Disaster Recovery Program funding in the amount of $1,332,433.00 - Consider staff recommendation to. approve to execute a sub-recipient and interlocal agreement with the City of Port St, Lucie in orderto administer the 2005 Community Development BlocR Grant pisaster Recovery Program funding in the amount of $1,332,433.00 and authorize the Chairman to sign any necessary documents. D. Approval to execute a sub-recipient and interlocalagreement with the City of Fort Pierce in order to administer the 2005 Community Development BlocR Gr.ant Disaster Recovery Program funding in the amount of $1,332,433.00 - Consider staff recommendation to qpprove to execute a sub-recipient and interlocal agreement with the City of Fort Pierce in order to administer the 2005 Community Development BlocR Grant Disaster Recovery · Program funding in the amount of $1,332,433 and authorize the Chairman to sign any necessary documents. n. CENTUL SERVICES Millennium Marble Tile, Inc. - Contract No. C06-10-675 - Releqse of retainage. Project: Courthouse Annex granite façade panels-Mechanically refasten dimensional stQne I.Itilizing new anchor system at lower panels (second phase) - Consider staff recommendation to qpprove releqse of retainage in the amount of $18,780.70, to Millennium Marble Tile for the Courthouse Annex granite façade project, Contract No. C06-10-67S. 12. ENVIRONMENTALRE.OURCE, Eligibility requirement form (AD-l026) for Wildlife Habitat Improvement Program funds - Staff recommends that the BOCC sign form AD-l026, providing eligibility prerequisites required through the NRCS-funded WHIP program. II. SOLID WASlE Staff requests Board approval to reduce the retainage fromJO% to 50/0 as per the Contract with ERC Ceneral Contracting Services, Inc. and approve Pay Request NO.6 in the amount of $221,806.00 - Consider staff recommendation to approve reduction of retainage frorrrJQ% to 5% as per the Contract with ERC Ceneral Contracting Services, Inc. and approve Pay Request No.6 in the amount of $221,806. ANNOUNCEMENTS Februø.." 27,200' 1. The opening day for spring training home games for the New YorR Mets at the Tradition Field will be on Wednesday, February 28, 2007 at 1:10 p.m. versus the Detroit Tigers. 2. The Board of County Commissioners will hold a Special Adoption Public Hearing on Grande Beach and the Airport Comprehensive Master Plan Amendments on Monday, March 5, 2007 at 6:00 p.rn. in the County Commission Chambers. 3. The Board of County Commissioners regular meeting on March 6, 2007 will begin at 3:00p.m, breaR at 5:00 p.m. and reconvene at 6:00 p.m. 4. The Board of County Commissioners and the TreasureCoqst Edl.lcation & Research Development Authority will meeting on Tuesday, March 13, 2007 at 2:00 p.m. at the UF/IFAS IRREC Auditorium. 5. The Board of County Commissioners regular meeting on March 20, 2007 will begin at 3:00p.m, breaR at 5:00 p.m. and reconvene at 6:00 p.m. 6. The Board of County Commissioners will hold a Monthly Informal Meeting on Friday, March 23, 2007 at 9:00 a.m. in the Conference Room #3. 7. The St. Lucie County Master Gardeners are holding their "Spring Into Cardening Festival" on Saturday, April 28, 2007 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension Office on Picos Road. For more information contact the Extension Office at 462-1660. 8. The Board of County Commissioners will hold a WorRshop on Homeland Security on Monday, April 30, 2007 at 2:00 p.m. in the County Commission Chambers. 9. The Board of County Commissioners Budget WorRshops will begin Thursday, July 19, 2007 and run through Wednesday, July 25, 2007. 10. The July 10th Regular Board of COl.lnty Commissioners Meeting and the July 17th Regular Board of County Commissioners meeting have been canceled due to lachofql.lorurn, Three Commissioners will be attending the Airport Conference on July 10th and three Commissioners willbê attending the National Association of Counties (NACO) Conference on July 17th. 11. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.m. in the County Commission Chambers. 12. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September ß, 2007 at 6:00 p.m. 13. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings andforsucb purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any PClrty to>the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity .to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommogationto attend this meeting should contgct the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Paula A. Lewis, Chairman Doug Coward, Vice Chairman 'o,eph E. Smith Char Ie, G,ande Chrb Crafl: Dbl:rld No. J DhtrictNo. 2 Dbt,lct No. I DisblctNo. 4 Dhbid NO.5 AGENDA Feb,uarp 27, 2007 I. MINUIE. Approve the minutes from the meeting held on February 13, 2007 2.. GENERAL PUBLICCOMMENf CON'ENT AGENDA I. WARRANTS LI,T Approve warrants List No. 20 and 21. 2. MOSOUIIO CONIROL Authorize the approval of Budget Resolution No. 07-00:z., budgeting· a $50,000.00 Contribution from Tailers' Cove Development, LLC - Consider staff recommendatiQnto.. approve Budget Resolution No. 07-002, and authorize the Chairman to exe.cute the Resolution, bud$jeting a $50,000.00 Contribution from T ailers' Cove, llC, for impoundment improvements in Impoundment loB. I.. PURCHAJING First Amendment to Contract C03-11-778 with Aql.lgtic Vegetation Control, Inc. - Consider staff re.commendation to approve the First Amendment to Contract No. C03-11-778, and authorize the Chairman to sign the Amendment as prepared by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appe<::d any action taRen by the Boord. at these meetings will need 0 record of the proceedings and for such purpose may need to ensure that a verbqtim~orclofthe pro<::eedin!;/s is made. Upo., the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any PÇlrty to the proceedings will be granted the opportunit¡l to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring a<:;commodÇltion to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Charles Grande, Chairman Chrb Craft, Vice Chairman Joseph I. Smith Doug Coward Pallia A. Lewb Dbtrlct No.4 Dblrlct No.5 Dittrld No. 'I Dbtrict NO.2 Dbbid No. I AGENDA Februar" 27,2007 I. MINUIES Approve the minutes from the meeting held on February 13, 2007 2. GENERAL PUBLIC COMMENT CON'ENI AGENDA I. WARRANIS LIST Approve Warrants List No. 20 and 21. 2. PUBLIC WORK' A. Second Amendment to Orant Agreement No. OóSL1 with the Florida DEP for the Ft. Pierce Shore Protection project - Consider staff recommendqt:iQn to 1) the Second Amendment to Project Agreement 06SL1 with the Florida Department of Environmental Protection, contingent upon review and approval of the final agreement by the COl.I!1ty Attorney, and 2) Budget Resolution No. 07-006, with execution of said documents by the Chairperson. B. First Amendment to Wort? Authorization No.8 with Taylor EngIneering, Inc. for a time extension to the project schedule - Consider staff recommendqt:ion. to approve the First Amendment to Wort? Authorization No.8 with Taylor Engineering, Inc. and signature of said agreement by the Chairman. NOTICE: All Proceedings before this Boord are electronically recorded. Any person who deçides to appeal any action tal:1en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatil11 record of the proceedings is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be sworn in. Any PClrtyto theproceec!ings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disobility requiringQ(';col11l11oc!ation to attend this meeting should contact the St. Lucie County Community Services Manager at r::rn) 462-1777 or TDD (Tl2) 462-1428 at least forty-eight (48) hours prior to the meeting. ADDITIONS AGENDA Februar" 27, 2007 REGULA. AGENDA RAI. ADMINISTRATION Port St. Lucie Ordinqnce No. 07~22 - Consider stClffrecorpmendation to approve and send the attached letter to Mayor Christensen amendinÇlQrclinance No.07~2.Z to limit the utility service area expansiQn from the current S-mile extension to serve only the Allied Universal property on Rangeline Road. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal (my action taRen by the Board at these meetings will need a record of the proçeeding.sqndfor suçh purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceec:lings, individuals testifying during a hearing will be sworn in. Any party to the. proceedings will be. Qranted the opportunity to cross-examine any individual testifying during a hearinQupon request. Anyone with ac:lisabmty requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Febl'uaU'.27, 2007 '100 A.M. BOARD 0' COUNTY COMMISSIONER' AGENDA WELCOME ALL MEETING'~RETE"'EYI'IED. ALL MEETINGS PROVIDED WITH WIRELEnlNTERNE1' ACCEn 'OR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR 10 IN1'ERING THE COMMIUION CHAMBERS. PLEASE MUlE THE VOLUME ON ALL LAPTOPS AND PDA'S WHII.E IN USE. IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asRs anyone wishing to speal:? 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 departm~mt 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 asR for public comment, (4) further discussion and action by the board. ADDRESSING IHE COMMIUION - Please state your name and address, spea~ing clearly into the microphone. If you have bacl:?up material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meeth1gs held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional wor~shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. Assistive Listening Device is available to anyone with a hearing disability. AnY9ne with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNIY COMMISSIONERS Ch," Craft, Chairman Jeueph E. 'mith, Vice Chairman Doug Coward Paula A.Lewb Cha,le. Grande District No.5 Dbt,i~t No. I Dbl,ictNo. 2 Dbtrict No. I Dbtrict No.4 Februar, 27, 2007 ..00 A.M. Invocation Pledge of Allegiance I. MINUTES Approve the minutes from February 20, 2007 meeting. 2. PROCLAMATIONS/PRE.ENTATION. A. Presentation by Ms. Vel Thompson on the City of St. Pet.ersburg N- Team's Code Assistance Program B. Presentation by Ed Fry, CierI:? of Courts on Court Technology and Public Web Site. I. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA SA. There are no public hearings scheduled for February 27, 2007 END OF G. COUNTY AIIORNEY Joint Site Agreement with St. Lucie County School. Boa.rq -Relocgtion of Fort Pierce Central High School - Consider staff recommendation to approve the Joint Site Agreement and authorize the Chairman to sign the Agreement. .. _ _~ ,=","h-·V' ~",,.,,,,....,"""''' """,-",-"",,",,<,,,..,,,,,,,,,,,,,, o"''=....,.,'n7~'=-'""~r'..¡=·ý.'<'l''''''''="o ,~1',' CONSENT AGENDA _ .m~û?-T¡¡7'''"'' 1l~W"=='1i""""Æ'~-'~- '~"I?" "'''''''& ''-~ ~,,,,,,,,,~ = "~""rmW,x9>=T I. WARRANT' Approve warrant list No. 21 2. COUNTY ATTORNEY A. Second Amendment to March 9, 2004 Agreement with Clarion Associates - Consider staff recommendation to approve the Second Amendment to the March 9, 2004 Agreement and authorize the Chairman to sign the Second Amendment. B. Resolution No. 07-080 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County - Consider staff recommendation to approve Resolution No. 07-080 and authorize the Chairman to sign the Resolution. C. Contract for Sale and Purchase - Paradise ParR Stormwater Improvement - Eleanor Johnson-Morris - Tax ID 1433-701-0442-000/5 - Consider staff recommendation to approve the Contract for Sale and Purchase from Eleanor Johnson-Morris for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. D. Contract for Sale and Purchase - Paradise ParR Storm water Improvement - Roneesha Octavien Smith _ Tax ID 1433-701-0440-000/1 - Consider staff recommendation to approve the Contract for Sale and Purchase from Roneesha Octavien Smith for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. E. B&E HoucR Enterprises, Inc. - Consent to Subleases - Consider staff recommendation to consent to the sublease agreements submitted by B&E HoucR Enterprises, Inc. F. 3904 N. Kings Hrghway=Hrst Amendment fOSe tember 1, 2000 se Agreement with James and Brenda Gibbons - Consi er s aff recommendation to approve the proposed First Amendment to September 1, 2000 Lease Agreement G. Hurricane Housing Recovery (HHR) Plan - Declaration of Covenants for Obtainable Dwelling Units in Cortez Village - Consider staff recommendation to approve the proposed Declaration of Covenants for Cortez Village H. Extension of Declaration of State of Local Emergency - Indian River Drive - Consider staff recommendation to approve the Declaration and authorize the Public Safety Director to sign the Declaration. I. Contract for Sale and Purchase - Paradise ParR Stormwater Improvement - Blance Forrester - Tax ID 1433-701-0530-000/9 - Consider staff recommendation to approve the Contract for Sale and Purchase from Blance Forrester for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. J. Contract for Sale and Purchase - Paradise ParR Stormwater Improvement - Mr. & Mrs. FranR Robinson - Mr. & Mrs. FranR Robinson - Tax ID 1433-801-0144-000/3 - Consider staff recommendation to approve the Contract for Sale and Purchase from Mr. & Mrs. Robinson for the purchase price of $30,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. K. St. Lucie County International Airport - First Amendment to August 27, 2002 Lease Agreement with T. Bennett - Consider staff recommendation to approve the proposed First Amendment to the August 27,2002 Lease Agreement with T. Bennett, and authorize the Chairman to sign the amendment. L. Budget Amendment Number BA 07-042 requesting the transfer of $2,030.00 from Equipment Maintenance (Account Number 001-1410-546000-100) to Machinery & Equipment (Account Number 001-1410-564000-100) - Consider staff recommendation to approve the transfer of $2,030.00 from Equipment Maintenance to Machinery & Equipment as requested. M. St. Lucie County Utilities - Seventh Amendment with Severn Trent Environmental Services, Inc. - approve the Seventh Amendment and authorize the Chairman to sign the Amendment. Consent Agenda Februar" 27, 2007 Page Two COUNTY AnORNEY CONTINUED N. Contract for Sale and Purchase - Paradise Par~ Stormwater Improvement - BJS Properties, Inc. - Tax ID 1433-701-0457-000/3 - Tax ID 1433-701-0255-00017 - Consider staff recommendation to approve the Contract for Sale and Purchase from SJS Properties, Inc. for the purchase price of $67,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. I. PARKS AND RECREATION Drug Abuse Resistance Education (D.A.R.E.) Waiver of Fees/Lawnwood Complex - Consider staff recommendation to approve St. Lucie County Sheriffs Department's request to waive rental fees in the amount of $700.00 for use of the Lawnwood Complex par~ing area to hold its D.A.R.E. Carnival April 9-15, 2007. 4. PARK' REFERENDUM Lawnwood Soccer Fields/The Collage Companies (C06-06-334)1 Change Order No. 2 - Consider staff recommendation to approve Change Order No.2 for The Collage Companies in the amount of $14,628 for the additional wor~ on the Lawnwood Complex soccer fields. Approve Collage's request for a 195-day extension for substantial completion of the project. 5. PUBLIC WORKS A. Engineering Division - Repair of Bridges Related to Hurricane Wilma - First Amendment to Wor~ Authorization No.2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jen~ins and Charland, Inc., in the amount of $35,655.00 - Consider staff recommendation to approve the First Amendment to Wor~ Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jen~ins and Charland, Inc., for Repair of Bridges Related to Hurricane Wilma in the amount of $35,655.00, and signature by the Chairman. B. Road and Bridge Division - Approve a Sid Waiver and Equipment Request (EQ07-310) for a Sole Source Equipment purchase from Hydraulic Truc~ Conveyor, Inc. - Consider staff recommendation to approve a Bid Waiver and Equipment Request (EQ07-310) for a Sole Source Equipment purchase from Hydraulic Truc~ Conveyor, Inc in the amount of $34,686.50 to purchase a Hydraulic Conveyor. Also, approve Equipment Request (EQ07-311) to purchase a new 72" Hydraulic Sweeper in amount of $3,995.00 from Southern Trac~ and Pump. C. Road and Bridge Division - Approve Bid Waiver to purchase two Dump truc~s (EQ07-241 and EQ07- 242) in the amount of $85,541.00 each from Rechtien International - Consider staff recommendation to approve a Bid Waiver to purchase two Dump truc~s (EQ07-241 and EQ07-242) in the amount of $85,541.00 each from Rechtien International. D. Road and Bridge Division - Approve clarification of the contract to Piggybac~ the Marion County Board of County Commissioners Contract No. 04B-077: Chip Seal-CRS-2 and Granite Mixture Purchase and Application WITH Florida Highway Products, Inc. which was approved by the Board of County Commission on January 23, 2007 to include a not to exceed amount of $250,000.00 - Consider staff recommendation to approve the clarification of the contract to piggybac~ the Marion County Board of County Commissioners Contract No. 04B-077: Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway Products Inc. which was approved by the Board of County Commission on January 23, 2007 to include a not to exceed amount of $250,000.00 and authorize the Chairman to sign the Contract prepared by the County Attorney. Consent Agenda Februar" 27, 2007 Page Three 6. GRANTS Authorize Amendment No. 1 to Contract C-15305/3600001008 (St. Lucie County Contract C05-11-637) between St. Lucie County and the South Florida Water Management District to extend the term of the grant contract from 1/27/2007 to 7/25/2007. The amendment does not amend the grant amount or the scope of worR - Consider staff recommendation to authorize the amendment to Contract C05-11-637. 7. MANAGEMENT AND BUDGET Adopt Budget Resolution No. 07-070 to establish a budget for Fiscal Year 2007 for the South Florida Water Management District Grant for Water Savings Incentive Program in the amount of $50,000. - Consider staff recommendation to adopt Budget Resolution No. 07-070 to establish a budget for Fiscal Year 2007 for the South Florida Water Management District Grant for Water Savings incentive Program in the amount of $50,000. 8. HUMAN RESOURCES Cellular Phones - Authorization - Issuance and Usage - Consider staff recommendation to approve of Cellular Phones: Authorization; Issuance and Usage Policy. 9. PURCHASING A. Fourth Amendment to Contract No. COO-09-539 with Harbor Branch Environmental Laboratory, Inc. _ Consider staff recommendation to approve the Fourth Amendment to Contract No. COO-09-539, and authorize the Chairman to sign the Amendment as prepared by the County Attorney. B. Award of Bid No. 07-026 - Customs Building HVAC Renovations to the lowest responsive, responsible bidder, Sea Coast A/C and Sheet Metal, Inc. - Consider staff recommendation to approve to award Bid No. 07-026 to the lowest responsive and responsible bidder, Sea Coast Air Conditioning and Sheet Metal, Inc. for the total amount of $114,301.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Cancel Assignment of Contract C05-12-686 from AlA Employment of Miami to Capital TempFunds, Inc. - Consider staff recommendation to approve the cancellation of the assignment of contract C05- 12-686 from AlA Employment of Miami to Capital TempFunds, Inc. D. First Amendment to Contract C06-05-346 with Snappy Auto Care, Inc. - Consider staff recommendation to approve the first amendment to contract C06-05-346 with Snappy Auto Care, Inc. for Maintenance Services for Cars and PicR Up TrucRs and permission for the Chairman to sign the amendment as prepared by the County Attorney. E. First Amendment to Contract C02-03-331 with BaRer & Taylor, Inc. - Consider staff recommendation to approve the first amendment to contract C02-03-331 with BaRer & Taylor, Inc. for BOOR Leasing Program and permission for the Chairman to sign the amendment as prepared by the County Attorney. 10. COMMUNITY SERVICES A. Approval of Amendment No. 2 to the contract between the State of Florida Department of Health and St. Lucie County for Operation of the Health Department - Consider staff recommendation to approve Amendment No. 2 to the contract, and authorize the Chairman to sign all pertinent documents necessary. B. To approve the Florida Department of Transportation Joint Participation Agreement Supplement number One, which will provide $275,000 in additional funding of the Intermodal transit facility located at 8th and Avenue D - Consider staff recommendation to authorize the Chair to sign the Florida Department of Transportation Joint Participation Agreement Intermodal supplement number one and all the necessary documents pertaining to this grant. Content Agenda Februar" 27, 2007 Page Four COMMUNITY ,ERVICE. CONTINUED C. Approval to execute a sub-recipient and interlocal agreement with the City of Port St. Lucie in order to administer the 2005 Community Development Bloc\:l Crant Disaster Recovery Program funding in the amount of $1,332,433.00 - Consider staff recommendation to approve to execute a sub-recipient and inter local agreement with the City of Port St. Lucie in order to administer the 2005 Community Development Bloc\:l Crant Disaster Recovery Program funding in the amount of $1,332,433.00 and authorize the Chairman to sign any necessary documents. D. Approval to execute a sub-recipient and interlocal agreement with the City of Fort Pierce in order to administer the 2005 Community Development Bloc\:l Grant Disaster Recovery Program funding in the amount of $1,332,433.00 - Consider staff recommendation to approve to execute a sub-recipient and interlocal agreement with the City of Fort Pierce in order to administer the 2005 Community Development Bloc\:l Grant Disaster Recovery Program funding in the amount of $1,332,433 and authorize the Chairman to sign any necessary documents. n. CENTRAL SERVICE' Millennium Marble Tile, Inc. - Contract No. C06-10-675 - Release of retainoge. Project: Courthouse Annex granite façode panels-Mechanically refasten dimensional stone utilizing new anchor system at lower panels (second phase) - Consider staff recommendation to approve release of retain age in the amount of $18,780.70, to Millennium Marble Tile for the Courthouse Annex granite façade project, Contract No. C06-10-675. 12. ENVIRONMENTAL RESOURCES Eligibility requirement form (AD-1026) for Wildlife Habitat Improvement Program funds - Staff recommends that the BOCC sign form AD-1026, providing eligibility prerequisites required through the NRCS-funded WHIP program. II. .0LlD WASTE Staff requests Board approval to reduce the retain age from 10% to 5% as per the Contract with ERC General Contracting Services, Inc. and approve Pay Request No. 6 in the amount of $221,806.00 - Consider staff recommendation to approve reduction of retainage from 10% to 5% as per the Contract with ERC General Contracting Services, Inc. and approve Pay Request No.6 in the amount of $221,806. ANNOUNCEMENTS Februar, 27, 2007 _ .>" ^~ """ ~1 ""~ ~",.."'''=... ~u 1. The opening day for spring training home games for the New VorR Mets at the Tradition Field will be on Wednesday, February 28, 2007 at 1:10 p.m. versus the Detroit Tigers. 2. The Board of County Commissioners will hold a Special Adoption Public Hearing on Grande Beach and the Airport Comprehensive Master Plan Amendments on Monday, March 5, 2007 at 6:00 p.m. in the County Commission Chambers. 3. The Board of County Commissioners regular meeting on March 6, 2007 will begin at 3:00p.m, breaR at 5:00 p.m. and reconvene at 6:00 p.m. 4. The Board of County Commissioners and the Treasure Coast Education & Research Development Authority will meeting on Tuesday, March 13, 2007 at 2:00 p.m. at the UF/lFAS IRREC Auditorium. 5. The Board of County Commissioners regular meeting on March 20, 2007 will begin at 3:00p.m, breaR at 5:00 p.m. and reconvene at 6:00 p.m. 6. The Board of County Commissioners will hold a Monthly Informal Meeting on Friday, March 23, 2007 at 9:00 a.m. in the Conference Room #3. 7. The St. Lucie County Master Gardeners are holding their "Spring Into Gardening Festival" on Saturday, April 28, 2007 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension Office on Picos Road. For more information contact the Extension Office at 462-1660. 8. The Board of County Commissioners will hold a WorRshop on Homeland Security on Monday, April 30, 2007 at 2:00 p.m. in the County Commission Chambers. 9. The Board of County Commissioners Budget WorRshops will begin Thursday, July 19, 2007 and run through Wednesday, July 25, 2007. 10. The July 10th Regular Board of County Commissioners Meeting and the July 17th Regular Board of County Commissioners meeting have been canceled due to lacR of quorum. Three Commissioners will be attending the Airport Conference on July 10th and three Commissioners will be attending the National Association of Counties (NACO) Conference on July 17th. 11. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.m. in the County Commission Chambers. 12. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2007 at 6:00 p.m. 13. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie .. County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. -.--....-.....-.- Paula A. Lewb, Chairman Doug Coward, Vice Chairman Jo.eph E. Smith Charle. Grande Chrb Craft Dbtrict No. I Dbtrlct No.2 Dbtrlct No. I District No.4 Dbtrlct No.5 AGENDA Februar, 27, 2007 I. MINUTES Approve the minutes from the meeting held on February 13, 2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 20 and 21. 2. MO.OUITO CONTROL Authorize the approval of Budget Resolution No. 07-002, budgeting a $50,000.00 Contribution from Tailers' Cove Development, LLC - Consider staff recommendation to approve Budget Resolution No. 07-002, and authorize the Chairman to execute the Resolution, budgeting a $50,000.00 Contribution from Tailers' Cove, LLC, for impoundment improvements in Impoundment 10B. I. PURCHASING First Amendment to Contract C03-11-718 with Aquatic Vegetation Control, Inc. - Consider staff recommendation to approve the First Amendment to Contract No. C03-11-718, and authorize the Chairman to sign the Amendment as prepared by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community SelVices Manager at (m) 462-1m or TOO (m) 462-1428 at least forty-eight (48) hours prior to the meeting. _ ~~.~ ,..ìtlm""·""=ìW¥/.=»>=;""·'·~"'-~ ..Ji« ·]r'''''m ,~'''''''"'''''',.« "",·x··x=o"", Jrf"W-O=>;< . ........... . ... ~ .. ~." ~"..... ".. ' ... ".\ :"........1........ ~ _ ...~ ï uP"" ~ TW=--= '" ,~ Charle, Grande, Chairman Chrb Craft, Vice Chairman Jo,eph E. Smith Doug Coward Paula A. Lewb Dbtrlct No.4 Dbtrlct No.5 Dbtrict No. I Dbtrict No.2 Dbtrict No. I AGENDA Februar" 27, 2007 I. MINUTE' Approve the minutes from the meeting held on February 13, 2007 2. GENERAL PUBLIC COMMENT CON'ENT AGENDA I. WARRANT' LIST Approve Warrants List No. 20 and 21. 2. PUBLIC WORK' A. Second Amendment to Grant Agreement No. 06SLt with the Florida DEP for the Ft. Pierce Shore Protection project - Consider staff recommendation to 1) the Second Amendment to Project Agreement 06SLt with the Florida Department of Environmental Protection, contingent upon review and approval of the final agreement by the County Attorney, and 2) Budget Resolution No. 07-006, with execution of said documents by the Chairperson. B. First Amendment to WorR Authorization No.8 with Taylor Engineering, Inc. for a time extension to the project schedule - Consider staff recommendation to approve the First Amendment to WorR Authorization No.8 with Taylor Engineering, Inc. and signature of said agreement by the Chairman. NOTICE: All Proceedings before this Board are electronically recorded. Any penon who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (m) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. ADDITIONS AGENDA Fell.ua." 27, 2007 REGULAR AGENDA HAl. ADMINISTRATION Port St. Lucie Ordinance No. 07-22 - Consider staff recommendation to approve and send the attached letter to Mayor Christensen amending Ordinance No. 07-22 to limit the utility service area expansion from the current S-mile extension to serve only the Allied Universal property on Rangeline Road. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal:?en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. \:. AGENDA REQUEST ITEM NO. RA 1 DATE: February 27, 2007 REGULAR [X] PUBLIC HEARING [] CONSENT [] SUB1ECT: Port St. Lucie Ordinance 07-22 BACKGROUND: See attached memorandum TO: Board of County Commissioners SUBMITTED BY (DEPT):Administration FUNDS AVAILABLE: N/ A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends approval and sending of the attached letter to Mayor Christensen amending Ordinance 07-22 to limit the utility service area expansion from the current S-mile extension to serve only the Allied Universal property on Rangeline Road. COMMISSION ACTION: CONCURRENCE: [] APPROVED [] DENIED it OTHER: Consensus to send as modified by the County Attorney. Review and Approvals County Attorney: _ Originating Dept: _ Finance: (Check for Copy only, if applicable) Management & Budget: Other: Purchasing: _ Other: Effective: 5/96 , , COUNTY ADMINISTRATION FROM: Douglas M. Anderson ounty Administrator ME,MORANDUM 07-21 TO: Board of County Com DATE: February 26, 2007 RE: Port St. Lucie Ordinance 07-22 BACKGROUND Commissioner Craft has been having discussions with Mayor Christensen regarding Ordinance 07-22 amending the Port St. Lucie City Code to expand the City's water and wastewater utilities. Ordinance 07-22 currently reads that "said Utility Service Area (water and wastewater) shall also extend five (5) miles from the corporate limits of the City's western municipal boundary and north of Midway Road to State Road 70." The letter to Mayor Christensen requests that the language be replaced with language that would limit the utility service area extension from the current proposed 5-mile extension to serve only the Allied Universal property on Rangeline Road. The letter goes on to state the County is not averse to working with the City, where appropriate in the public interest, to consent to the City providing utility service within the County utility service area on a customer -by-customer basis. RECOMMENDA TlON Staff recommends approval and sending of the attached letter to Mayor Christensen requesting amending Ordinance 07-22 to limit the utility service extension area from the 5-mile extension to serve only the Allied Universal property on Rangeline Road. DMNab 07-21 c: Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan Mcintyre, County Attorney Laurie Case, Utility Director , . February 27, 2007 Mayor Patricia Christensen City of Port St. Lucie 121 SW Port St. Lucie Boulevard Port St. Lucie, FL. 34984-5099 Dear Mayor Christensen: We have received a copy of City of Port St. Lucie (City) Ordinance 07-22, amending the City's water and wastewater utility service area (Ordinance). We understand that this Ordinance has been approved at a first reading, and that a second reading and public hearing has been scheduled for March 12, 2007. We are writing this letter to request the City Council's consideration to amending this Ordinance to limit the service area expan:::;ion Ü:-.o.rn tþ.e current proposed 5-mile extension to serve only the AlliedUnìVersal prOperty on Rangeline Road. . We hope you have had an opportunity to review the correspondence between County Administrator, Doug Anderson, and City Manager, Don Cooper, dated February 14, 2007, where Mr. Anderson explains the current status of the County's utility service area, established by both the GDU Utility Transfer Agreement ("GDU Agreement") between the County and the City and the County's water and Sewer Utility District created pursuant to Chapter 153, Part II, Florida Statutes ("Utility District"). As Mr. Anderson's letter indicated, under both the GDU Agreement and the Utility District Statute, the County's consent would be required for the City to extend utility service west of Rangeline Road and north of Midway Road into the County's utility service area. . However, the County is not averse to working with the City, where -rz-- ppropriate in the pubhc Interest, to consent to the CIty providing ytility Co service within the County utility service are~GR a ('"iÜ?J;R@r hy oustomcr baoiE. ...å-- Þè~ ~,,¡,.- J.J /l ~ We believe that utility service to the Allied Universal facility .would present just such an opportunity. We would therefore propose to the City, that the County would agree to consent under the GDU Agreement and the District Statute to the City providing utility service to Allied Universal,_and that the City agree to amend its Ordinanc fleet such limited service area extension in lieu of the ropose 5-mile extension. ¡;;ÞJ ~ µrv/U'æ / __6 '= ?V #ptJ ¿:"r//-JtØ v/7 ~~( 1'»- -=> ~ Page 2 February 27, 2007 Ordinance 07-22 (tW I' ~ W p hope that @ith@r of ~se 1:ww suggestion? would be acceptable to the City Cd. u_ c.. L- ~ as a reasonable accommodation of the utility service area issues between our two public bodies. We welcome further dialogue with you on these issues before your next consideration of the Ordinance. In good faith, and in anticipation of an amicable resolution, the County has determined to defer initiating a Chapter 164 dispute resolution process. Sincerely, Chris Craft Board of County Commissioners District 5 CC/ab 07-20 c: Board of County Commissioners Douglas M. Anderson, County Administrator Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan McIntyre, County Attorney Laurie Case, Utility Director Michael Brillhart, Economic and Strategic Development Director Larry Daum, Economic Development Manager tJ¿I¿J.I¿'(J'(J( . "mww.,,) .~f/;' ~~'^' UC'M ~~{~~ 07 _22 AN ORDINANCE AMENDING THE PORT ST LUCIE CITY CODE: AMEND- ING SECTION 63.02, COUNCIL FINDINGS; AMENDING SECTION 63.03, DEFINITIONS: AMENDING SECTION 63.24, SERVICE AREAS; PROVID- ING AN EFFECTIVE DATE. I I-t.......'- ¿...~ ~,~ It:J;:JO COUNCiLlTE6I B' 8 DAre ".:¥ /;1./ £I 7 COUNCI(.JTEU lOb DATE 2/20107 THE CITY OF PORT ST. LUCIE HEREBY ORDAINS: That Section 63.02, Port St. Lucie City Code, is hereby amended as follows: Section 1, Sec 63.02. Council findings. In aaoptíRg this ordinaRGe, t.he oity council The City Council hereby makes the following findings: (a) The city deems it necessary to establish rules so that water and wastewater service may be made available and extended to new customers on an equìtable basis. (b) The city declares that these service availability and extension rules have, as their goal, the establishment of a unìform method of deter- mining contributions in aid of construction such that all such contributions shall be nondiscriminatory against consumers in the service area of the utility and shall be applied as nearly as possible with uniformity to all con- sumers and prospective consumers in the service area of the city. (c) The city has full and exclusive authority over the management, operation, and control of all of the clty's water and wastewater utilities and the authority to prescribe rules and regulatìons governing the use of such facilities whenever such are provIded by the city, and to make such changes from time to time in such rules and regulations as it deems neces- sary. (d) The construction of water and wastewater system improvements and extensions is an essential utility service. (e) Tho oity reoall Aizes that there are current 9blisations t9 certain eAtities eo':erocJ ey de':elepør asreemeRts aS6ymeEl by the oity in tho trans fer gf thO Qystem frÐm St.bweie CSI;jAty. The City recoanizes that there is Additions to text are indicated by underlin~; deletions by strikeettt. Page 1 of 5 ~~/~!/~~~: l~:~~ I i :,¿,:\':¡44\:J';j4 l..! I Y l..L..C.Kt'.:::> Ut" t" .1.'-'1:. r'~l:C. '¿'':'i.t.~ ORDINANCE 07 _22 a need for water and wastewater sewer outside our municiQal boundaries that is not being met. (f) The eity RSS Jilro\'ides the re~l:Iir9d J)lt.!blie Røtiçe aRE! held the neocsßary fi'l;lblic t:!Garing(s) in order to adapt theca rl;llos. The City has the current abilitv to meet the water and wastewater needs of certain procer- ties outside its municioal boundaries. (0) In ord~r to orotect the health. safetv. and welfare of the com- munitv's residents. the City ma" orovide water and wastewater utilltv ser- vice to Droperties located within and without its municioal boundaries con- sistent with federal and state law and the City's Code of Ordinances gov- amino its utility. Section 2. Sec. 63.03. Definitions. That Section 63.03, Port st. Lucie City Code, is hereby amended as follows: Sec. 63.03. Definitions. Unless specifically defined below, words or phrases used in these rules shall be interpreted consistent with chapter 61 of this title, and to give these rules the most reasonable applicatíon, consistent with state and federal law The following words and phrases shall have the following meanings unless the context requires otherwise. Contributions-in-aíd-of-construction. The sum of money and/or the value of property represented by the cost of oertain water and wastewater facilities contributed to the city in advance of construction by a developer so that the city may provide service to a specific development. Developer's agreement. A contract between the developer and the city which outlines the responsibilities of each party concerning the provi- sions of water service and/or wastewater service to a property. Directly b9Rsf!ttoe benefited property. A property will be deemed to be directly benefitted benefited by a utility main line if it ìs not currently re- Additions. to text are indicated by underline; deletions by strilu:eut. Page 2 of 5 öLILlfL~~1 l~:~~ IIL,jq4q~'j<; ~~IY ~~~~ urr~~c I I-t........... .....II.......,¡ ORDINANCE 07 - 22 ceiving the type of utility service provided by the main line and is able to connect to that utility line by using a "service line" Main líne. A main line shall be a utility line which Îs equal to the size of, or greater in size than, a "minimum size line," as determined by the city for the particular type of utility service beIng provided. Minimum size lines. (1) For water service: six inches. (2) For wastewater service using a grinder pump: two and one-half inches. (3) For wastewater service using a gravity system: eight inches. Off-site facilities. Water and/or wastewater lines, force mains and lift statIons including water distribution and trsnsmission and wastewa.ter col- lection and transmission facilities constructed to connect on-site facilities with the nearest approved point in the existing water and/or wastewater system (as approprìate) at which adequate capacity Is available to meet the requirements of the new services. On-síte facífities. The services, water and/or wastewater lines, force mains and lift stations, including water distribution and transmission and wastewater collection and transmission facilities installed within a residen- tial, commercial or industrial development; including those facilities in pe- ripheral streets and easements constructed wholly or In part for use by such development. Service are8&- Those areas, both within and without the corporate limits of the city, as indicated in tho eAa~ter 62 a :) ':)eRdix Section 63.24, where water and wastewater services are, or will be, exclusively provided by the city to its utilities customers. Service line. A service line shall be a utility line which is smaller in size than a minimum siza line and connects a customer's property to a util- ity main line. Additions to text ere indicelted by underline, dl!!letions by ~tr keeut. Page 3 of 5 ö~/~LI~~~{ lC:~ö I {:¿,:S't44t:)':j't '.L I Y 1.JL.t..t<:"'::- Ur-r- ...l..,t.. 1'"'14<%. "::41":::: ORDINANCE 07 -f2 Wastewater permit. A permit issued by the city providing for the dis- posal of wastewater pursuant to city rules and regulations. Wastewater facilities. All wastewater collection. transmission, treat- ment, and effluent disposal facilities, including all interceptors. lines. pipes, meiers, couplings, pumps, force mains, and appurtenant equipment necessary to provide water and/or wastewater service capacity or wastewa- ter service capacity. Water fac/JItfes. All water distribution. transmission, treatment, stor- age, and production facilities, including all pipes. lines, meters, couplings, pumps, force mains, and appurtenant equipment necessary to provide wa- ter service capacity. Water permit. A permit issued by the city providing for the receipt of water pursuant to city rules and regulations. Section 3. That Section 63.24, Port St. Lucie City Code, is hereby amended as follows: Sec. 63.24. Service areaf;-. (a) +he city hereby oonfirms that its "Jatar :md '.\.'cstowator eer',iee areas l1ave been aesÎgnatel:l as st:\ElWr't iFl tl:te ohapter 62 app9ReiJc The ar;:; ¡h:;11 be defiRSQ as the The ·City of Port St. Lucie Water and Waste- water Utility Service Areas-" &A-& shall include iEteAtifies a II areas wíthin and without the corcorate boundaries of the Citv of Port Sf. Lucie pursuant to the Agreement of Transfer dated June 28. 1994 as amended by the First Amendment to Aareement of Transfer dated Seotember 27. 1994 and ex- ç 'Jde those areas currentlv provided service bv other utilities. Said Utility ServÎce Area shall also extend five {5} miles from the corporate limits of the City's western municioal boundary and north of Midwav Road to State Road 70. The where tho eity City shall be the exclusive provider of water and wastewater services in this area. As such, the city shall have all the rights provided to it by law. Additions to text are Indicated by underline: deletions by strike&lJt. Page 4 of 5 ~~!~l/~~~{ l~:~~ r 1~344'Uj':l4 ~LIY ~~~~ Urr~~~ ï~1..X:. ':''Jl':''~ ORDINANCE 07 -22 (b) The City of Port St. Lucie Water and Wastewater Service arOQS Area de. shall not include any area within the city limits of any other incor- porated municipality nor shall it include areas currentlv orovided service bv another utilìtv. (0) A ~ maps- of the City of Port St. Lucie Water and Wastewater Service Areas- ar& is on file with the city clerk and is in tRe utility Gffiees the Utilitv Svstems OeDartment. and ~ is available for Inspection and re- vIew. (d) Wherever in title VI of this Code reference is made to service area or areas or service area or areas, such reference shall be deemed to, and shall, refer to the City of Port St. Lucie Water and Wastewater Servioe Areas.. Section 4. This ordinance shall become effective upon adoption PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this day of , 2007. CITY COUNCIL CITY OF PORT ST. LUCIE ATTEST: By' Patricia P. Christensen, Mayor Karen A. Phillips, City Clerk APPROVED AS TO FORM: Roger G, Qrr, City Attorney Additions to text are Indicated by underline; deletions by strilu::eut. Page 5 of 5 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 20, 2007 Convened: 3 :00 p.m. Adjourned: 11 :00 p.m. Commissioners Present: Chris Craft, Chairman, Joseph Smith, Paula A. Lewis, Charles Grande, Doug Coward Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Heather Young, Asst. County Attorney, Mike Pawley, County Engineer, Marie Gouin Management and Budget Director, Beth Ryder, Community Services Director, Vanessa Bessey, Environmental Resources Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Smith, seconded by Com. Lewis, to approve the minutes of the meeting held February 13,2007, and; upon roll call, motion carried unanimously. 2. PROCLAMA TION/PRESENT A TIONS A. Resolution No. 07-069- Proclaiming the week of February 18,2007 through February 24,2007 as "Engineer's Week" in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Grande to approve Resolution No. 07- 069, and; upon roll call, motion carried unanimously. B. Resolution No. 07-076- Honoring Mr. Charles C. Hayling, Jr., who has been chosen as "History Maker" in St. Lucie County, Florida for exemplifying outstanding citizenship through his major contributions to our community in the field of education. It was moved by Com. Lewis, seconded by Com. Smith, to approve Resolution No. 07- 076, and; upon roll call, motion carried unanimously. C. Resolution No. 07-073 Honoring Mrs. Queen Souter Townsend who has been chosen as "History Maker" in St. Lucie County, Florida for exemplifying outstanding citizenship through her major contributions to our community in the field of education. It was moved by Com. Coward seconded by Com. Lewis, to approve Resolution No. 07- 073, and; upon roll call, motion carried unanimously. D. Resolution No. 07-074- Honoring Mr. Havert "Coach" Fenn who has been chosen as "History Maker" in St. Lucie County, Florida, for exemplifying outstanding citizenship through his major contributions to our community in the field of education and government. It was moved by Com. Smith, seconded by Com. Lewis, to approve Resolution No. 07- 074, and; upon roll call, motion carried unanimously. 1 E. Resolution No. 07-075 Honoring Dr. Samuel Gaines who has been chosen as "History Maker" in S1. Lucie County, Florida, for exemplifying outstanding citizenship through his major contributions to our community in the field of education. It was moved by com. Coward, seconded by Com. Grande, to approve Resolution No. 07-075, and; upon roll call, motion carried unanimously. 3. GENERAL PUBLIC COMMENTS Mr. Craig Mundt, Hutchinson Island resident, addressed the Board and read his comments to the Board regarding the fonner site of the Radisson Hotel on the island. Mr. Davis, Contractor's Licensing Board member, addressed the Board with regards to Com. Grande's appointment to the Board and requested the existing member remain as his appointee. 4. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda to include items CA-1 and CA-2; item C2-F being pulled and the correction on item C2B, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 20. 2. COUNTY ATTORNEY A. Extension of Declaration of State of Local Emergency Indian River Drive- The Board approved the Declaration and authorized the Public Safety Director to sign the Declaration. B. Agreement with Gentile Land, LLC to pay - The Board approved the To Pay Fair Share Agreement with Gentile Land and authorized the Chainnan to sign. C. Agreement with Jay Bria to Pay Fee in Lieu of Constructing Concrete Sidewalks- The Board approved the Fee in Lieu of Construction Agreement with Jay Bria and authorized the Chainnan to sign. D. Resolution No. 07-063- Reduction of Administrative Fees for MSBU's - The Board approved Resolution No. 07-063. E. Resolution No. 07-067 Opposing Senate Bill 576 which, if passed, would prohibit S1. Lucie County from collection of impact fees before a Certificate of Occupancy is issued- The Board approved Resolution No. 07-067. F. Noise Ordinance Consultant- First Amendment to February 1,2006 Agreement with Daniel P. Hess, Ph.D - This item was pulled. 3. INVESTMENT FOR THE FUTURE A. Bid Waiver and sole source declaration to manufacturer's Product Care (MPC) for the installation of Protect-All Specialty Flooring in the showers located at Rock Road jail- The Board approved the bid waiver and sole source declaration to Manufacturer's Product Care for the installation of Protect All Specialty Flooring in the showers located at Rock Road Jail at a cost of$106,773.00 and authorized the Chainnan to sign the contract as prepared by the County Attorney. 2 02/16/07 FZABWARR FUND 001 001001 001172 001177 001181 001182 001289 001418 001424 001814 101 101002 101003 101004 101006 101218 102 102001 102803 105 107 107002 107003 107006 "7147 121 130204 140 140001 140133 140328 140335 160 183 183001 184208 185007 185008 316 382 401 418 451 461 471 491 505 505001 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 10-FEB-2007 TO 16-FEB-2007 FUND SUMMARY TITLE General Fund Recreation Special Events CDBG Grant FY 05 Section 112/MPO/FHWA/Planning 2006 FTA Section 5307 Operating & Capita CSBG Grant FY07 FDOT Trans Buses and Infrastructure FDCA EMPA FY07 Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT Midway Road PD & E Study Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park, S L C Stormwtr Imp. Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FDLE Edward Byrne Memorial JAG 06 Drug Abuse Fund Blakely Subdivision Fund FDOT - Intermoda1 Facility Grant Port & Airport Fund Port Fund Construct Runway 9L/27R FDOT Land Acquisitions/Planning Stu Parallel Runway Design-9L/27R Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat FL Fish & Wildli~e - Artificial Ree FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery County Capital Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 314,045.05 1,887.07 2,199.00 295.48 1,199.94 5,564.01 1,203.43 1,400.09 35.72 1.42 3,825.44 29,797.52 26,092.83 55,136.75 168,491.24 10,486.00 7,639.29 2,506.07 52,273.50 77 9.19 75,881. 32 12,128.13 2,527.39 11,648.80 19,751.71 35.00 80.99 8,225.00 9,143.74 12,653.40 31,026.24 22,613.83 1,632.96 7,064.88 8,296.35 1,100.35 2,660.00 250.00 2,741.38 46,641. 89 71. 76 155,785.07 28,776.72 16,728.69 35,239.15 2,878.55 3,957.99 8,426.05 9,712.00 456.62 9,476.34 47,257.06 1,279,728.40 PAGE PAYROLL 631. 78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,204.64 0.00 0.00 0.00 0.00 4,836.42 1 B. Reallocate budgeted FY 06-07 IFF funds in the combined amount of $52,800 (these funds were made available from IFF projects completed under budget) to assist with completing the following projects Walton Road Community Center-Install complete septic system Mosquito Control Replace three garage doors Marine Center- Replace three ale units. Parks Department- Replace roofs on two of the buildings The Board approved reallocating budgeted FY 06-07 IFF funds in the combined amount of $52,800. The Board authorized the Chairman to sign the contracts as prepared by the County Attorney. 4. PUBLIC WORKS A. Engineering Division- Change Order No.4 to the contract with Atlantic Skanska, Inc., for the Gordy Recreation Area to include: Item # 1 - Three hundred feet of concrete sidewalks construction at a cost of$14,453.25 ; Item # 2 Time extension of 55 calendar days. Revised completion date will be on or before March 14, 2007. Total contract cost will increase by $8,320.25- The Board approved Change Order No.4 and authorized the Chairman to sIgn. B. Road and Bridge Division- Approve Equipment Request EQ07-304 to purchase a new Receptacle Recorder from Power Monitors, Inc., in the amount of$1002.00- The Board approved Equipment Request EQ07-304. C. Award Bid No, 07-014 for the Indian River Estates Potable Water MSBU project, to B & B Underground Contractors Inc., in the amount of $7,436,075.00 will be at a not to exceed maximum guaranteed price for the construction. The Board approved awarding Bid No. 07-014 to B & B Underground Contractors Inc. D. Canoe Creek Lane MSBU Potable Water- The Board approved Work Authorization No.1 to the Agreement for continuing engineering services with Engineering Design Construction in the amount of $20,305.00 to provide a conceptual design for water service and authorized the Chairman to execute the Work Authorization. E. Request Board approval of 1 st Amendment to Work Authorization No.3 with Hazen & Sawyer Engineering for final reporting for Platt's Creek Mitigation Area and Stormwater Management Facilities- The Board approved the 1 st Amendment to Work Authorization No.3. 5. ADMINISTRATION Salaried Employees Compensation Time Policy- The Board adopted the Salaried Employees Compensation Time Policy retroactive to January 1, 2007. 6. PARKS AND RECREATION A. Edlund Dritenbas Binkley- The Board approved the Edllund Dritenbas Binkley (C05-05-248) Work Authorization in the amount of $20,280.00 to provide architectural services for accessibility renovations at the St. Lucie Fairgrounds. the Board also approved the use of $20,280.00 from the general fund contingency and approved Budget Amendment No, BA07-041. B. Tradition Field Beer Line Replacement- The Board approved an Interfund loan in the amount of$14,556.00 to replace the "beer line" at Tradition Field. The loan will be repaid from the Florida Sports Foundation, pursuant to Section 228.1162(50,2(2006) of the Florida Legislature under Chapter 212 of the Florid Statutes. 3 7. COMMISSIONER GRANDE- Ratification of Committee appointment- The Board ratified Com. Grande's appointment of Michael DiFrancesco to the Contractor's Certification Board. 8. GRANTS Grant application to Florida Dept. of Community Affairs, Division of Emergency Management - The Board authorized the submittal of a grant application to the Florida Department of Community Affairs, Division of Emergency Management Preparedness and Assistance competitive Grant Program requesting an amount not to exceed $200,000 to further a program to provide community collaboration, education, training and preparedness remedies, primarily for low income homes. ADDITIONS CA-1 Board of Adjustment Temporary Appointment- The Board ratified Com. Craft's appointment of Richard Pancoast and Com. smith appointment of Dr. Bobbi Conti to the Board of Adjustment. CA-2 Resolution No 07-078- The board approved Resolution No. 07-078 declaring a State of Local Emergency- Ban on Open Air Burning in St. Lucie county. REGULAR AGENDA 5.A GROWTH MANAGEMENT Petition of Mercedes Homes for a 12 month extension of the date of expiration for the project known as Celebration Pointe PUD and a major adjustment to the conditions of approval for property located at the southeast comer of the intersection of Peterson Road and South Jenkins Road - Draft Resolution No. 07-039 - Consider staff recommendation to approve the request as contained in Resolution No. 07-039. Staff addressed the Board on this item and advised the Board of a change to the first condition of approval whereas the developer shall convey to St. Lucie County in a manner and form acceptable to the County Attorney, 45 feet of additional right of way on Peterson Road along the north property line of subject property. Twelve months from the recording of this resolution or the recording of the road improvement agreement, the developer shall construct Peterson Road to County specifications to include pedestrian and bicycle paths. The applicant has also requested a change in condition 3 where it states "no 2 ofthe single family homes shall have the same architectural elevation". The have also requested a dry model. Com. Coward requested an update regarding various complaints made by area residents concerning the noise generated in the early morning hours. The Asst. County Attorney stated Code Enforcement was at the location early this morning and was advising them about the existing noise ordinance however the foreman was not available. Mr. Bob Raines, representing the applicant addressed the Board's and stated an e-mail want sent this morning advising the contractor of the complaint and the need to adhere to the ordinance. He had not previously known about the complaints until Monday when he spoke with Com. Coward. He stated if the regulations were in ordinance form they would comply with it. Com. Coward recommended adding language placing a stop work order if another complaint is received and he would like for the complaint to come directly to the Board. 4 Com. Craft stated he would like staff to provide a copy of the ordinance to Mr. Raines and it be posted at the work site. Com. Craft stated he was not aware of any previous violations on this property and if there were previous complaints he then would not have a problem adding the language. Com. Craft suggested the condition state if another complaint was received and there was a violation, it would come directly back to the Board for action. Mr. Monty Mishue, 1401 Swain Road and adjacent property owner, addressed the Board and stated the contractor removed 600 feet of fencing from his property. He asked the Board to place a work stop order until restitution is made. Mr. Tom Gladwyn, Jenkins Road resident, addressed the Board regarding the noise ofthe operation and the dust. Mr. Pat Langel, 990 Jenkins Road, addressed the regarding the early morning construction noise and the dust. He asked the Board for assistance in controlling the dust. Mr. Odell Tolson, area resident, addressed the Board regarding the lack of water trucks to assist in controlling the dust in the area. He advised the Board of the damage to the trees on his property, the 3ft berm of dirt and the drainage pipe placed facing his property. Mr. Barton Rudd, 1011 Jenkins Road resident also addressed the early morning construction noise as well as the late afternoon noise. He stated his utility bills are much higher due to the dust generated by the project and the fact he must keep his air conditioner on at all time. Ms. Susie Caron, 8500 Indrio Road resident addressed the Board and stated she felt this was blatant disregard of the quality of life to area residents. Mr. Chris Langle, Jenkins Road resident addressed the Board regarding the dust and how it has affected his son's health. Ms. Pamela Hammer, Reserve resident, addressed the Board and recommended a 1 month extension as opposed to a 12 month extension and returning after the 1 month with all issues corrected and then issuing the 12 month extension and if the issues have not been corrected a permanent shut down order should be initiated. Mr. John Ward, 1275 S. Jenkins Road resident, addressed the Board and expressed his concern with the dust when the winds change and questioned why there was so much excess fill. Ms. Connie Mishue, 1401 Swain Road, addressed the Board and stated she did not understand why they should be given a 12 month extension with all they have done to the residents in the area. Mr. Raines advised the Board this had been the first time they had heard about the fence and asked for a continuation for 2 weeks to get the issues presented addressed. Mr. Kevin Gillar, Mercedes Homes representative advised the Board the reason for the fill is it had been generated from digging the lake system. He stated they were in the process of moving the dirt off site and this is the noise the residents are hearing. He also advised the Board he would make sure water trucks are brought in to help with the dust problem. Com. Craft stated he wanted the developer to post the hours of operation on site. Com. Grande stated he would like to give them 2 weeks to fix the issues and also would like to see a meeting setup with the neighbors to advise them what they will be doing to fix the problems. He also encouraged the Board to not permit any further development 5 work for two weeks in order for the developer to re-organize the work to be done without it affecting the residents negatively. Mr. Raines stated he would meet with Mr. Tolson and Mr. Mishue on the noise and fence and drainage pipe issue. He requested the Board give them a two week continuance to work on the issues. Com. Lewis recommended having someone on the site in the early morning to advise the construction crew of the Board's decision and concurred with giving the developer 2 weeks to resolve t e issues. Com. Coward stated he felt the current situation was out of control and concurred that no further development should be done for the next two weeks until the issues are resolved. He would not allow additional work on the site until they resolve the issues with the residents. Com. Smith stated he had not heard any of these issues prior to today and was willing to give the applicant two weeks to address these issues with the residents and also to schedule the truck to handle the dust problem. He stated if these issues are not resolved, he would not support the project moving forward. Com. Lewis requested information be obtained if there are to be one or two story single family homes. Com. Craft requested access and a tour of the property with one of the residents. Com. Coward reiterated his position to shut down the operation until the issues are resolved. Com. Grande stated his position being if they do not comply, he would the ability to let the petition expire and have them start the process from the beginning. Com. Craft requested a 2 day stop work order to allow the applicant to get things organized with the contractors. The Board concurred. It was moved by com. Lewis, seconded by Com. Smith to continue this item for 2 weeks, initiate a 2 day stop work order, to resolve the issues, i.e. hours of operation, drainage pipe erroneously placed, dust control, fence removal and also providing the authority to the County Administrator to shut the operation down if the applicant does not comply, and; upon roll call., motion carried unanimously. 5.B GROWTH MANAGEMENT Petition of Zentex Ventures, LLC for a change in Zoning from the AG-I and R/C zoning districts and Preliminary Planned Development Site Plan approval for the project known as Breckenridge for property located on the west side of Gordy Road, approximately !j,¡ mile south ofOkeechobee Road, west of the Florida Turnpike. Draft Resolution No. 07- 020- Consider staff recommendation to approve Draft Resolution No. 07-020. Quasi-Judicial- The Board members acknowledged meeting with the applicant and the area residents. Com. Coward expressed his concerns with the existing zoning which is largely AG-I and the fact they will be placing 8 units to the acre. He also requested the large trees be located on the property and the issue be resolved at the preliminary approval not the final. Com. Craft reminded the Board members if the applicant is going with the 25% rule, the Board does not require a survey to be done. He requested a continuance of 30 days for staff to work out the issues with the applicant. 6 Mr. Greg Boggs, Thomas Lucido, representing the applicant, gave a brief presentation of the project before public comment was obtained and a continuance be granted. Mr. Boggs addressed the affordable workforce housing issue and stated this was primarily a rental apartment community surrounded by Creekside housing development. PUBLIC COMMENTS Mr. Louis Forget, St., Gordy Road resident, addressed the Board regarding the traffic on Gordy Road. He stated this was a pristine area and they would be running out the wildlife that lives in the area. He did not agree with the density proposed and felt a better project could be placed in the area. Mr. Lou Forget Jr., Gordy Road resident, addressed the Board and stated he felt the traffic issue to the south was very troubling. Ms. Susie Cassins, property owner expressed her concerns with the traffic and stated she felt the project was incompatible with the environmentally sensitive areas. She stated she feared the parking lot runoff could go into 10 mile creek. Mr. Bill Forget, addressed the Board and stated his main concern was the compatibility of the project with the area. He addressed the road improvements needed to handle the heavy traffic. Ms. Susie Caron, Planning and Zoning Board member reminded the Board the P & Z Board denied this application by a vote of 9-0 and urged the Board to look closely at the compatibility issue. Ms. Pamela Hammer, Planning and Zoning Board member, addressed the Board and questioned the new site plan being provided being presented for preliminary approval. She expressed her concerns with the archeological study not being performed and stated this project would be a drain on the existing communities, i.e. schools and other services being so far away. Mr. Boggs advised the Board the rent would be in an area between $650.00 per month to $950.00 and stated they would be improving Gordy Road to full county standards. Ms. Andrea Trautman, Traffic Engineer, addressed the Board and stated the estimated trips would be 4,000 daily and they would be providing a turning lane on Gordy Road into the project. The County Engineer advised the Board that King Highway is failing concurrency issues. Com. Grande stated he felt this project was inconsistent with the surrounding area and could not support such a project. Com Smith stated he would like to have time to review the Planning and Zoning minutes. He has seen industrial as well as mixed use near an AG-I zoning. He would like more time to review the issue. The County Planning Manager advised Com. Smith the "I" zoning he was looking at in the area was institutional and not industrial. Com. Smith stated he would also like to know what constitutes someone saying it creates a drain within the community. Com. Lewis stated she felt there were many issues that needed answers before moving forward, i.e. stormwater runoff, parking, roadway widening with constraints on the other side, and the gas lines mentioned. She sees a many positive aspects of the project, access to the turnpike, availability for workforce housing which is needed desperately in the county, but would like to keep her focus on who this project would be serving. 7 Com. Coward stated he concurred with Com. Lewis but questioned is the density proper for this location. He felt this project was too intense. Con. Craft stated the traffic issue is very important and he would like for staff to look at the traffic issue of Kings Highway. He is concerned with the project being primarily rental units and would like to see home ownership of the units. He advised the Board he would also like to see the phasing in of the buildings. Com. Coward stated he would not support 8 units to the acre and would like to discuss a mix of housing. Com. Grande stated he project has a good land design however it is wrong for the area. Mr. JeffCagen applicant, addressed the Board and stated he would like to have the opportunity to see if they can re-do the plan based on the comments received and would appreciate having more than 30 days. It was moved by Com. Grande, seconded by Com. Lewis, to continue this item on April 17,2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT Consider Draft Resolution No. 07-010 granting the request of the North St. Lucie Water Control District for a change in zoning from the AG-l zoning district to the CO zoning district for property located y.¡ mile west of the intersection of Orange Avenue and Shinn Road - Consider staff recommendation to approve Resolution No. 07-010. Mr. Steve Cassins, applicant, was present to answer any questions the Board may have. It was moved by com. Smith, seconded by Com. Grande, to approve Resolution No. 07- 010, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT Petition of Robert P. Rigel for a Change in Future Land Use Designation from COM to RU for 9.91 acres of property on South Hutchinson Island (Draft Ordinance No. 07-003) Consider staff recommendation to approve Draft Ordinance No. 07-003 granting the requested change from a COM Future Land Use Designated to a RU (Residential urban- 5 units per acre maximum) Future Land Use Designation for 9.1 acres of property located on South Hutchinson Island and forward the adopted amendment to the Florida Department of Community Affairs in accordance with Chapter 163, Florida Statutes. Quasi-Judicial- Com. Grande acknowledged meeting with the applicant. Mr. Dennis Murphy, Culpepper and Terpening was present to address any questions the Board may have on this item. It was moved by Com. Grande, seconded by com! Lewis, to approve Draft Ordinance No. 07-003 and staff recommendation, and; upon roll all, motion carried unanimously. 5.E GROWTH MANAGEMENT Petition of Robert P. Rigel requesting a Change in Zoning from the CG Zoning District to HIRD (Hutchinson Island Residential District) Zoning for property located at 9751 S. State Route A-I-A on South Hutchinson Island. - Consider staff recommendation to approve Resolution No. 07-008 granting Robert P. Rigel a change in zoning from the CG zoning district to the HIRD zoning district for property located on South Hutchinson Island. 8 It was moved by Com. Grande, seconded by Com. Lewis, to approve Resolution No. 07- 008, and; upon roll call, motion carried unanimously. 5.F. GROWTH MANAGEMENT Petition of Riverview Developers LLC for granting Preliminary Planned Development Site Plan approval for the project to be known as Hunter's Run- PUD for property located on the east side of Germany Canal Road (Draft Resolution No. 07-022). This item was pulled due to an advertising error. 5.G GROWTH MANAGEMENT Adoption of the 2006/2011 Capital Improvement Plan via Ordinance No. 07-001 an Ordinance amending the St. Lucie County Comprehensive Plan by Adopting the Five- Year Capital Improvement Plan and the Capital Improvement Element, an Exempt large scale amendment- Consider staff recommendation to approve proposed amendment to Appendix B of the adopted Comprehensive Plan. Mr. Tom Babcock addressed the Board and stated his objection as it relates to the TVC. It was moved by Com. Grande, seconded by Com. Smith to approve the First Reading of Ordinance No. 07-001 (preliminary approval) and scheduling the second reading for March 20, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.H GROWTH MANAGEMENT Petition of Mission West LLC for a change in zoning from the AR-1 zoning district to the PUD (Planned Unit Development- Mission Oaks Subdivision)- zoning district for 8.59 acres of property located on east side of Johnston Road approximately 0.09 miles north of angle Road- Consider staff recommendation to continue the petition of Mission West, LLC until March 20, 2007. Staff requested this item be continued they need time to discuss the TVC capability of this proj ect. The Assistant County Attorney advised the Board the TVC would not be in effect until they hear from the DCA (State). Com. Coward stated this application came in prior to the Stop Gap Ordinance. The original site plan was submitted in April 21 st 2005 and the Ordinance was adopted four months later. The Board was advised the Stop Gap Ordinance had expired and the new TVC regulations had come into effect. Com. Grande stated he believed this applicant was requesting doubling the density than previously requested. He stated he would hate this to be a precedent setter and needed to know how many more projects are out there in the same situation. He requested staff bring this information for review before the next meeting. It was moved by Com. Smith, seconded by com. Grande, to continue this item on March 20,2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.1 GROWTH MANAGEMENT Petition of A.W. River Landing LLC for a change in zoning from the RS-2 and CO zoning districts to the PUD zoning district and Final Planned Development Site Plan Approval for the project known as River Landing -PUD Draft Resolution No. 07-003- 9 Consider staff recommendation to approve draft Resolution No. 07-003 subject to seventeen limiting conditions of approval. Mr. Jason Literick, representing the applicant addressed the Board and stated there was a new condition added and the applicant would like to see how this condition would affect the project. Mr. John Ferrick area resident, addressed the Board and stated there were several items missing from the packet, i.e. 2 letters from the Home Owners Association and a petition from 25th Street area residents. Mr. Doran Russell , Midway Road resident, addressed the Board and advised them he was waiting for information from the South Florida Water Management District and also has obtained an attorney to represent him and his concerns regarding the flood plain in the area. Com. Grande stated he had a difficult time with the design of the project and the impact of the area. He requested the applicant come back with significant changes and not just "tweeking" the project. It was moved by Com. Coward, seconded by Com. Lewis, to continue this item on March 6, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 6. GROWTH MANAGEMENT (1 :04:07) Petition of Greenwood Development Corporation of Florida for Major Site Plan approval of the project to be known as The Meridian of North Hutchinson Island for property located on the northeast comer of the intersection of North A-1-A and Shorewinds Drive- Draft Resolution No. 07-012 - Consider staff recommendation to approve Draft Resolution No. 07-012. Mr. Dennis Korek, Dean, Mead, Minton firm and representing the applicant addressed the Board and stated this was a site plan approval and they were not attempting to change the zoning or land use category. Com. Craft requested response from staff to Mr. Mundt's letter. The Growth Management Director stated the ordinance adopted by BOCC to adopt the new Comp Plan repealed all previous documents adopted and replaced them with the new Comp Plan. The zoning based on the new Comp Plan to implement it repealed the previous zoning and replaced it with a new zoning map. In doing so the Board cleared up the prior errors and established a new policy direction and designated this area as residential medium density and this is what it is today. Com. Coward stated the landowner is not mandated to replace the hotel that was there. The applicant can request under HIRD to use it as commercial as a conditional use but is not mandated. The Board does not have a legal right to demand commercial use although it would be his preference. The County attorney stated he concurred with the Growth Management Director's conclusion and was comfortable with it. Mr. Korek addressed the road impact fee language in 1 17 29 Article III and had proposed language. They proposed making a contribution of$100,000 to the county for general improvements on North Hutchinson Island in lieu of the impact fees. The County Attorney stated the proposed compromise is a fair resolution for the county. 10 ... /. . t;~~ Good .rooming Chairman Craft and Commissioners. For the record I am Craig Mundt, North Hutchinson Island resident and president of the North Beach Association. We chose not to turn out a large body of our members this morning as it is not a public hearing and we are respectful of your time for public comment. Island residents position vis a vis this site have been well documented going back to Mr. Danella the former owner of the property and our extensive communications to the county for more than a year and one half. I also thank you for the deferral to allow a response. I'd like to thank Mr. Nix for his letter. As you will recall this is an attempt to resolve issues regarding the zoning and land use of the Meridian project site on North Hutchinson Island. The letter tries to answer our concerns regarding this property only and does not address what we believe is the misapplication of the HIRD zoning designation to single family, low density acreage on the island in 1984. I will save that for another day and presume Mr. Kelly or someone is still working on that promised reply. Mr. Nix stated that the Future Land Use designation of the former Radisson property was changed from Tourist Commercial to Residential with the adoption of Ordinance 90-1, yet we see no mention of that in the Resolution. His letter states that Ordinance 90-1 adopted a new Future Land Use Map, but I haven't seen it. The earliest marked Land Use Map available in the Zoning Department is dated April 1991. All the prior historical Mylar maps have zoning but no land use. Paula Busby in the Building Department is continuing to try to find old code books which may provide some answers. We do have in our possession an Existing Land Use Map and a (future) Land Use Plan that was adopted by Ordinance 74-7 in July of 1974 as part of "The Plan for Hutchinson Island". That Plàn designates the Meridian property as zoned High Density (12-18 units) with a Land Use of Tourist Commercial and already had a Holiday Inn sited. As mentioned in earlier correspondence, when the HIRD Ordinance was adopted in 1984 with the stated intent that it "shall apply to all multi-family residential property", all of the previously zoned R4 properties were so marked. R4A thru R4D were all Multiple Dwelling with varying allowed densities; however, R4E, which was on the Meridian site with a long-existing motel, was defined as "Multiple Dwelling, Hotel and Motel". The R4E zoning designation was on some property with a Land Use of Residential as well as on property with a Land Use of Tourist Commercial, and no distinction was made in the turnover. We can understand how undeveloped properties with an R4E zoning designation could be converted to Residential (HIRD) because those properties could swing either way. However, the Meridian property had been a commercial motel, restaurant and lounge since 1973, and it had been approved as such by the BOCC in June of 1973 as a Site Development Plan - not as a Conditional Use (see BOCC minutes of June 5, 1973). Interestingly, the P.V. Martin (fIkla Red Tail Hawk) property in 1984 also had a Land Use of Tourist Commercial and was converted to Commercial Neighborhood, as it remains today. Why the difference? Should not the Radisson have been commercial too? In Mr. Nix's letter, paragraph three referring to the May 1984 zoning map that was presented at a December 2006 Board of Adjustment hearing, he states that he reviewed that map and agrees that the "site (Radisson) was improperly zoned HIRD in 1984" but he "does not agree that the site is improperly designated HIRD today". If as he says it was improperly zoned HIRD in 1984, what is the rationale for perpetuating the error? If it had been properly rezoned Commercial in 1984 - just like the P.V. Martin site -- there would be no controversy today. The reasoning of the Future Land Use Map of Ordinance 90-1 designating the Radisson site multi-family residential, I can find no such map. The Zoning map of April 1991 has "RM" inserted on the Radisson site by green felt marker as though it were an after thought in later years. As to The Meridian's attorney, Mr. Corrick, and his position that reliance on staff's representations make any question as to the site zoning and land use status moot, I leave to the attorneys for debate. I would like to point out several other documents in the file: · The original Building Permit (#15759) issued in 1973 was not just for a motel. It was given for a "Restaurant, lounge and motel", thereby including strictly commercial features. · Building Permit #51680 dated January 18, 1990, indicates the property is zoned HIRD with a Land Use of "Commercial Tourist". · In a September 12, 1995 letter to the Ramada Inn, Dennis Murphy, then Land Development Coordinator, states: n.. . under the County's current and adopted Comprehensive Plan, the maximum hotel/motel density permitted on Hutchinson Island is 18 units per acre......you would be able to add an additional 31 units without the need to amend the comprehensive plan." That statement does not square with the HIRD maximum density of 9 units to the acre. . (As late as February 21, 1997, Mr. Murphy, in a letter to International Hospitality Advisors, Inc., refers to the "HIRD hotel/motel density of 18 units to the acre" existing on the site. That is the second reference in two years of Hutchinson Island permitted hotel/motel density of 18 units to the acre a number of years after the adoption of the Comprehensive Plan. · The St. Lucie County Property Appraiser's Record of May 12, 2005, indicates a Land Use of "3900-HTLS MTLS". When the property changed hands in June of 2005 following the demolition of the Radisson, the Property Appraiser's Land Use record was changed to "Vacant Commercial", where it stands today. They are supplied the information for their records from the Building Department. As indicated above, there are many documents of record that disagree with Mr. Nix's interpretation of the ordinances. Ordinance 90-01. Passed January 9, 1990. Repeals the 1981 Growth management Policy Plan (GMPP) and submits a new Comprehensive Plan to the Florida Department of Community Affairs for review. The first Comprehensive Plan Element is "Section 1. Future land Use Element". The maps of 1984 and 1990 don't show FLU, only zoning on North Hutchinson Island. Ordinance 90-36. July 26, 1990. After adoption of the Comp Plan 90-01 the county has one year to adopt Land Development Regulations (LDC) and this completes it. It does adopt zoning districts but I do not as yet have access to that code. Ordinance 91-01. May 14, 1991. The St. Lucie Comprehensive Plan has been found not in compliance by Department of Community Affairs (DCA) March 21, 1990. This ordinance provides for a remedial plan. The amendments consist of corrections to certain Objectives and Policies of the Land Use Element and certain Objectives and Policies of the conservation element. What were those required changes? Ordinance 91-11. April 11,' 1991. Amends the Zoning Atlas, "as certain lands have been found to be inconsistent with the Future Land Use Element as they provided for uses or development intensity in excess of what the Comprehensive Land Use designated." Where and what are those lands? When the Tourist Commercial designation disappeared for the Radisson site but the PV Martin restaurant remained commercial, did all the other Tourist Commercial parcels throughout the county revert to some residential land use or did they become "commercial", which makes sense? I ask why are we, the residents shouldering the burden that ought to be the county's in fighting for a tourism destination on North Hutchinson that is a better part of the county economic engine perhaps not immediately but looking long term. Past commissions did with "Tourist Commercial" designations and Commercial General parcels identified and set aside, but then interim commissions made the same short term decision you are faced with today. The sites where the condominiums of Atrium I and II have been erected were land use "Commercial General" and one by one past commissions said, well it's ok to change just this once because there's plenty of commercial land remaining and not that much demand now and the (fill in the name Holiday Inn, Ramada, Radisson Resort) isn't doing that much business so we can give away the land use and zoning and something will be left later for our hotels and tourism. But by this pattern some day we will wake up and you know what, there isn't any hotel, there isn't any tourism destination. That wake up day is here. You are about to seal the county commercial fate on North Hutchinson with a decision on this site and shortly Grande Beach. Six miles of North Hutchinson beachfront property and the nearest good hotel is more than 10 miles away. David Jenkins can't even get an acceptable hotel room for his premier acts in this county. Can you and should you help alleviate that, you bet. Some of you are talking about an upscale future for the harbor area, but this is here and now. Everyone agrees that residential doesn't pay its own way and the developer has even tried to avoid what small obligation it has of that. Their units are starting at $1,000,000 and they will receive more than $100,000,000 of sales. Do you in your wildest imagination believe for a moment that past county commissions vision was no hotels on our beach whatsoever. I think not and that isn't what their planning foresaw. I believe you have to examine the intent of past ordinances and legislation and if there appears to be a grey area decide what you believe is right and work thru the consequences. This entire issue requires a great deal more scrutiny and I ask that you not make a decision this morning but allow more time than I have had for additional research and give time for a more satisfactory hearing of this extremely complicated situation. These questions have been raised for more than 18 months and why it is the obligation of residents to root it out rather than a county responsibility escapes me. Perhaps you need to give your departments a different charge and direction but that too is for another day. I thank you for your time. Mr. Korek requested staff go through the ordinance and certificates and make sure all dates are consistent with today. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 07- 012 with the amended impact fee language, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 11 tiadle - Re: ¡ -¡ . \ From: To: Date: Subject: Swendy Ariyanayagam Stiadle~ Missy 2/1/20073:06 PM Re: BOCC on Feb 27th Missy here goes: City of St. Petersburg N-Team's Code Assistance Program Presentation - Presented by: Ms. Vel Thompson Director of N-Team anything else please let me know. Thank you! Swendy Ariyanayagam Licensing Investigator Supervisor Code Compliance Division St. Lucie County (772) 462-1134 or (772)370-6650 »> Missy Stiadle 2/1/2007 2:53 pm »> Please call me Ext. 1156 Missy W. Stiadle Executive Assistant to the County Administrator 772-462-1156 Phone 772-462-2131 Fax 2300 Virginia Avenue Fort Pierce¡ FL 34982 »> Swendy Ariyanayagam 2/1/2007 2:30 PM »> Hey Missy: Mr. Wazny said that request for the lady from St. Petersburg will be under special presentation to get with you. Do you need anything from me? She will be traveling to be here so can you let me know what time she should be here and any other of your expert tips:) Thanks Missy! Swendy Ariyanayagam Licensing Investigator Supervisor Code Compliance Division St. Lucie County (772) 462-1134 or (772)370-6650 th i '" -' . From: To: Date: Subject: Swendy Ariyanayagam Missy Stiadle 2/1/20072:30 PM BOCC on Feb 27th Hey Missy: Mr. Wazny said that request for the lady from St. Petersburg will be under special presentation to get with you. Do you need anything from me? She will be traveling to be here so can you let me know what time she should be here and any other of your expert tips:) Thanks Missy! Swendy Ariyanayagam Licensing Investigator Supervisor Code Compliance Division St. Lucie County (772) 462-1134 or (772)370-6650 AGENDA REQUEST ITEM NO. cJ¡{. DATE: 1/~/07 REGULAR [X] PUBLIC HEARING [] CONSENT [] PRESENTED BY: c(SUlci ~tM flase. ~I'U o.c.lVIc..e.. W I'\o.s r\Cc.W\.Q... 'i¡jU wc.t\+ he.-e-? 7 '{/SUr n.Q.~e.? '. . " SUBJECT: City of St. Petersburg N-Team's Code Assistance Program Presentatio~l "'-4~L? :;/ TO: Board of County Commissioners SUBMITTED BY (DEPT): Code Compliance BACKGROUND: The direction of the Code Enforcement Board to the staff to look in to a program that would help the low income, disabled adults, elderly, and single parents in St.Lucie County. Mr. Richard Allison, citizen of St. Lucie County who has been attending the Code Enforcement meetings on a regular basis has done the leg work to research and coordinate this program. He organized and traveled with staff to St. Petersburg to learn and meet with the program coordinators. This innovative program will change the out look of the citizens of this County and improve neighborhood in our community. N/f4 N/A Staff recommends ?? "Is ~;~ Ök.ClÄ ~I\I Cc.H-a.c-k »<e.- M~.Je..(e.\s j ~C)u¡clt..J ~ ~ buc.k up. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [] APPROVED [] OTHER: [] DENIED CONCURRENCE: Douglas M. Anderson County Administrator (~".~ r;. _..~.. j tL r"'- j r.o- _-_-~_ " 1.1 .0.1 ..l~ @ŒÚ\ì/n. .1. \ i i ! r ---"'-I f n I : I UL [J.W 2 62007 !' U) [ --.J'- _ co ADMIN. OFFICE ¡ p 'II From: To: Date: Subject: Eva O'Donnell Stiadle, Missy 2/6/2007 10:21 AM Fwd: Clerk presentation on 2/27/07 ,9JJ Please place presentation on the agenda as requested by the Clerk. Thanks, »> Millie A Delgado 2/6/2007 10:18 AM »> Per our discussion, please schedule Ed Fry, Clerk of Courts to make a presentation at the February 27, 2007 9:00 a.m. BOCC meeting. Presentation Title: Clerk of Courts presentation on Court Technology and Public Web Site. Thanks much. tiadle - Clerk resentatlon on . From: To: Date: Subject: Millie A Delgado O'Donnell, Eva 2/6/2007 10:18 AM Clerk presentation on 2/27/07 cc: Stiadle, Missy Per our discussion, please schedule Ed Fry, Clerk of Courts to make a presentation at the February 27, 2007 9:00 a.m. BOCC meeting. Presentation Title: Clerk of Courts presentation on Court Technology and Public Web Site. Thanks much. /1'" ¡II AGENDA REQUEST ITEM NO. b DATE: February 27, 2007 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Joint Site Agreement with St. Lucie County School Board - Relocation of Fort Pierce Central High School BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the Joint Site Agreement and authorize the Chairman to sign the Agreement COMMISSION ACTION: CONCURRENCE: [)( APPROVED [] DENIED [ ] OTHER: Approved 5-0 ~ County Attorney: Jt Review and Approvals Management & Budget .1f~ . Public Works Dir: _- ( Prop. Acq., Mgr. Jt'V\f- Originating Dept. County Eng.: Mvf) Finance: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07-0234 DATE: February 7/ 2007 SUBJECT : Joint Site Agreement with St. Lucie County School Boord - Relocation of Fort Pierce Central High School **AAAAAAAAA*****************************AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA* BACKGROUND: The St. Lucie County School Board is proposing to relocate Fort Pierce Central High School. The plan for the proposed high school includes (1) a partial filling of and driveway across a portion of a retention area located on a parcel owned by the County to provide vehicular access to the new high school and (2) an expansion and relocation of the retention area onto a portion of the site for the high school to replace the stormwater storage volume of the filled portion of the county-owned parcel. Attached to this memorandum is a copy of a proposed Joint Site Agreement between the County and the School Board pertaining to the relocation of Fort Pierce High School. Under the terms of the Agreement / the County would: . grant the School Board an easement to allow the School Boord to construct and maintain the driveway, the access across the County parcel to the new high school site and to locate utilities within the County parcel; . agree to allow the School Board to reconfigure the retention area within the County parcel and add to the retention area on the site for the new high school; . agree, using $168,287.50 received from the School Board, to redesign and construct intersections and entrances to the new high school at South 25th Street The School Board will construct the driveway and reconfigure the retention area including the addition to the retention area. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Joint Site Agreement and authorize the Chairman to sign the Agreement. Daniel s. McIntyre / County Attorney /' / DSM/caf JOINT SITE AGREEMENT (Relocation of Fort Pierce Central High School) THIS AGREEMENT is made and entered into as of the _ day 2007, by and between the SCHOOL BOARD OF ST. LUCIE COUNTY, goveming body of the School District of St. Lucie County, Florida ("School Board"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"). WHEREAS, the parties have made the following determinations: A. The School Board owns certain real property located in S1. Lucie County, Florida, more fully described in the attached Exhibit I ("New High School Site"), and intends to develop such property as the new campus of Fort Pierce Centra! High School. B. The County owns and maintains certain real property that abuts the southerly bound" ary of the New High School Site and is more fully described in the attached Exhibit II ("Drainage Par- cel"), which property has been developed as a component ("Retention Area") of the drainage system for South 25th Street. C. The plan for the proposed high school ("New High School Plan") includes (1) a partial filling of and driveway ("Driveway") across a portion of the Retention Area located on the Drainage Parcel ("Drainage Parcel Crossing") to provide vehicular access to the New High School Site, and (2) an expansion and relocation of the Retention Area onto a portion ofthe New High School Site to replace the storrnwater storage volume of the filled portion of the Drainage Parcel. The Drainage Parcel Crossing Is more fully described in the attached Exhibit III. The New High School Plan is out" lined in the attached Exhibit IV. D. The County agrees to grant to the School Board an easement in substantially the form attached as Exhibit V, thereby authorizing the School Board to construct and maintain the Driveway, to have access across the Drainage Parcel Crossing to the New High School Site, and to locate utilities facilities within the Drainage Parcel Crossing. E. The School Board agrees to reconfigure the Retention Area currently located within the Drainage Parcel onto that portion of the New High School Site described in the attached Exhibit VI ("Retention Area Addition"), and to grant to the County an easement over the Retention Area Ad- dition in substantially the form attached as Exhibit VII. F. The County agrees to allow the School Board to undertake the reconfiguration of the Retention Area within the Drainage Parcel and Retention Area Addition as shown on the approved Site Plan for the New High School Site so long as the School Board is responsible for shaping the reconfigured Retention Area slope and sodding the banks at no cost to the County.BSCH 0500160 FPCHS Reloc Joint Site V6 CL AGT 21712007 G. In furtherance of the New High School Plan, the School Board agrees to contribute to the County funds sufficient for the County to undertake, using the County's roadway design con- sultant and roadway contractor, (a) the redesign ofthe intersections ofthe entrance to the New High School Site with South 25th Street, and (b) the additional costs associated with constructing the re- designed intersection and entrances (collectively, the "Entrance Improvements"). H. As a part of the New High School Plan, the School Board will construct, to the stan- dards and specifications for a public roadway as adopted either by the County or by the City of Fort Pierce ("City") (whichever unit of local government assumes jurisdiction), the Driveway upon that portion of the New High School Site more fully described in the attached Exhibit VIII ("Driveway Par- celli). Following completion of the Driveway, the Retention Area Reconfiguration, and the Entrance Improvements, and upon the request of the County and acceptance of the Driveway as a public roadway, the School Board will (1 ) convey the Retention Area Addition to the County by right-of-way deed or such other instrument as the parties may mutually agree, (2) convey the Driveway Parcel to the County or the City (whichever unit of local government assumes jurisdiction) by right-of-way deed or such other instrument as the parties may mutually agree, and (3) release and terminate the easement granted by the County over the Drainage Parcel. NOW, THEREFORE, for and in consideration of these and other premises, the School Board and the County hereby covenant and agree as follows: 1. List of Exhibits. The following exhibits are attached to and incorporated into this Agreement: Exhibit I-Lega! description of New High School Site Exhibit II-Legal description of Drainage Parcel Exhibit III-Legal description of Drainage Parcel Crossing Exhibit IV- New High School Plan Exhibit V- Form of easement over Drainage Parcel Crossing Exhibit VI-Legal description of Retention Area Addition Exhibit VII-Form of easement over Retention Area Addition Exhibit VIII-Legal description of Driveway Parcel 2. ClosinQ. Unless extended by mutual written agreement ofthe parties, closing of the transactions contemplated by this Agreement ("Closing") shall occur within thirty (30) days of execu- SCH 0500160 FPCHS Reloc Joint Site V6 CLAGT 2/7/2007 2 tion of this Agreement. Closing shall take place on such date and time and at such location in St. Lucie County as mutually agreed. 3. Grants of Easements. At Closing: (a) The County shall deliver to the School Board an easement over the Drainage Parcel Crossing in substantially the form attached as Exhibit V. The School Board shall be respon- sible for and pay the cost of recording the Easement. (b) The School Board shall deliver to the County an easement over the Retention Area Addition In substantially the form attached as Exhibit VII. The County shall be responsible for and pay the cost of recording the easement. 4. Drivewav Construction: Retention Area Reconfiquration. (a) The School Board shall construct the Driveway upon the Driveway Parcel to the standards and specifications for a public roadway as adopted either by the County or by the City (whichever unit of local government assumes jurisdiction). The School Board shall permit reason- able inspection of the Driveway during construction by officials of or professionals engaged by the unit of government assuming jurisdiction of such roadway. (b) The School Board shall undertake the reconfiguration of the Retention Area within the Drainage Parcel and Retention Area Addition as shown on the approved Site Plan for the New High School Site. The School Board shall be responsible for shaping the reconfigured Reten- tion Area slope and sodding the banks at no cost to the County. 5. Entrance Improvements. (a) The County shall undertake and complete all of the Entrance Improvements for the New High School Site, as shown on the New High School Plan, using the County's roadway design consultant and roadway contractor for the South 25th Street roadway expansion project. (b) The School Board shall contribute to the County the sum of $168,287.50 ("School Board Contribution") to fund the cost of the Entrance Improvements. The Schoo! Board Contribution shall be paid to the County at Closing. (c) Following completion of the Entrance Improvements, If and to the extent re- quired I the Schoo! Board shall make such additional payment to the County as may be necessary to fund the reasonable costs of the Entrance Improvements that exceed the School Board Contribu- SCH 0500160 FPCHS ReIoe Joint Site V6 CL AGT 2/7/2007 3 tion. In the event the total cost of the Entrance Improvements is less than the School Board Contri- bution, the County shall refund to the School Board the excess amount paid, 6. Future Conveyances. Following completion ofthe Driveway, the Retention Area re- configuration, and the Entrance Improvements, and upon the request of the County or the City (whichever unit of local government assumes jurisdiction) and acceptance of the Driveway as a pub- lic roadway, the School Board shall (a) convey the Retention Area Addition to the County by right-of- way deed or such other instrument as the parties may mutually agree, (b) convey the Driveway Par- cel to the County or the City (whichever unit of local government assumes jurisdiction) by right-of- way deed or such other instrument as the parties may mutually agree, and (c) release and terminate the easement granted by the County over the Drainage Parcel Crossing. 7. Notice. Until further written notice by either party to the ather, all notices provided for in this Agreement shall be in writing and transmitted by messenger, mail, or facsimile transmission, and if to the School Board, shall be mailed or delivered to the School Board at: Superintendent School Board of S1. Lucie County 4204 Okeechobee Road Fort Pierce, Florida 34947 With Copy to: School Board Attorney School Board of S1. Lucie County 4204 Okeechobee Road Fort Pierce, FL 34947 and Director of Facilities Schoo! Board of 81. Lucie County 327 N.W. Commerce Park Drive Part S1. Lucie, Florida 34986 To County at: County Administrator S1. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34954 With Copy to: County Attorney S1. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34954 SCH 0500160 FPCHS Reloc Joint Site V6 CL AGT 21712007 4 8. Venue. Venue of any action to enforce the terms of this Agreement shall be in St. Lucie County if filed in state court, and in the Southem District of Florida if filed in federal court. 9. Entire Aareement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the parties with respect thereto. 10. Survival. The provisions of Section 4(a) of this Agreement shall survive Closing of the transactions contemplated by this Agreement. 11. Counteroarts. This Agreement may be executed In several counterparts, each of which shall be considered an original. IN WITNESS WHEREOF, the School Board and the County have caused this Agreement to be executed by their duly authorized representatives. ATTEST: SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA Michael J. Lannon, Superintendent and Ex Officio Secretary By: John J. Carvelli, Chair APPROVED AS TO FORM AND CORRECTNESS: By: Daniel B. Harrell Attorney for the School Board .. .. .. 5 SCH 0500160 FPCHS Reloc Joint Site V6 CL AGT 2/7/2007 ATTEST: ST. LUCIE COUNlY, FLORIDA By: Chris Craft. Chairman Clerk APPROVED AS TO FORM AND CORRECTNESS: By: Daniel S. Mcintyre County Attorney 6 SCH 0500160 FPCHS Reloc Joint Site V6 CL AGT 217/2007 EXHIBIT I LEGAL DESCRIPTION OF NEW HIGH SCHOOL SI1E SCH 0500160 FPCHS Reloc Joint Site V6 CL AGT 21712007 7 EXHIBIT I LEGAL DESCRIPTION OF NEW HIGH SCHOOL SITE Commence at the Southeast corner of the Northeast 1j.¡ of Section 32, Township 35 South, Range 40, East, St. Lucie County, Florida, then run N03°04'19"E, along the centerline of Hawley Road (South 25th Street), a distance of 42.54 feet; thence run N89D26'17'W, a distance of 25.02 feet, to the POINT OF BEGINNING; thence continue N89°26'17"W, along the North right-of-way line of North S1. Lucie River Water Control District Canal No. 101, a distance of 1294.16 feet, to an iron rod and cap marked RLS 2391; thence run N01°43'26"E, a distance of 1351.44 feet, to a 1 inch iron pipe in concrete; thence run N01°49'35"E, a distance of 594.97 feet, to a point on the South line of a tract to Adams Ranch, Inc., as in O.R. Book 328, at Page 1222 of the Public Re- cords of St. Lucie County, Florida; thence run N88°07'52"E, a distance of 543.38 feet, to a con- crete monument; thence run S77°03'12"E, a distance of 537.71 feet; thence run S03°04'19"W, a distance of 175.98 feet, to a point of curvature of a radially tangent curve, concave to the North- east; thence run Southeasterly, along the arc of said curve having an interior angle of 90°00'00", a radius of 266.55 feet, and an arc length of 418.70 feet, to the point of tangency of said curve, said point being on the West right...of-way Hne of said Hawley Road (South 25th Street); thence run S03°04'19"W,a distance of 1401.28 feet. to the POINT OF BEGINNING; all lying and being in Section 32, Township 35 South, Range 40 East, St. Lucie County, Florida; LESS AND EXCEPT any portion thereof which may have been deeded to S1. Lucie County by warranty Deed dated May 5, 1990 and recorded in O.R. Book 695, Page 2982, of the Public Records of St .Lucie County; and LESS AND EXCEPT a parcel of land tying in Section 32. Township 35 South, Range 40 East, S1. Lucie County, Florida, being more particularly described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 32; thence North . :89°26'19" West, along the South line of the Northeast quarter of said Section 32, a distance of 45.04 feet to a point on the West line of South 25th Street; thence run North 02°55'47" East, de- parting said South line, and along said West line, a distance of 42.54 feet to a point on the North line of the North St. Lucie River Water Control District Canal No.1 01, being the POINT OF BE- GINNING.. Thence North 89°26'19" West, along said North line, a distance of 245.21 feet; thence North 02°55'47" East, departing said North line, a distance of 235.20 feet; thence South 89°26'19" East, a distance of 245.21 feet to a point on the said West line of South 25\h Street; thence South 02°55'47" West, along said West line, a distance of 235.20 feet to the POINT OF BEGINNING. SCH 0500160 FPCHS Prop Lgl (Ex!) 11/30/2006 EXHIBIT \I LEGAL DESCRIPTION OF DRAINAGE PARCEL 8 SCH 0500160 FPCHS Reloc Joint Site V6 CL AGT 217/2007 EXHIBIT \I Legal Description of Drainage Parcel A parcel of land for drainage purposes lying in Section 32, Township 35 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: Commencing at the Southeast comer of the Northeast quarter of said Section 32; thence North 89°26'19" West, along the South line of the Northeast quarter of said Section 32, a distance of 45.04 feet to a point on the West line of South 25th Street; thence North 02°55'47" East, depart- ing said South line, and along said West line, a distance of 42.54 feet to a point on the North line of the North S1. Lucie River Water Control District Canal No. 101, being the POINT OF BE- GINNING. Thence North 89°26'19" West, along said North line, a distance of 245.21 feet; thence North 02°55'47" East, departing said North line, a distance of 235.20 feet; thence South 89°26'19" East, a distance of 245.21 feet to a point on the said West line of South 25th Street; thence South 02°55'47" West, along said West line, a distance of 235.20 feet to the POINT OF BE- GINNING. Said parcel containing 1.32 acres, more or less SCH 0500160 FPCHS Drainage Lgl (Exll) 11/30/2006 1 EXHIBIT \I) LEGAL DESCRIPTION OF DRAINAGE PARCEL CROSSING SCH 0500160 FPCHS Reloc Joint Site V6 CL AGT 2/7/2007 9 'THIS IS NOT A SURVEY ~ LEGAL DESCRIPTION A PARCEL Of LAND LYING IN NORTH 1/2 Of SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, THE SAME BEING A PORTION OF THAT LESS AND EXCEPT PARCEL (ALSO KNOWN AS DETENTION POND "0") DESCRIBED IN OfFICIAL RECORDS BOOK 1227, PAGE 525 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND BEING MORE P ARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 32 AND THE WESTERLY RIGHT-Of-WAY LINE OF 25th STREET, ALSO KNOWN AS HAWLEY ROAD (90 FEET WIDE); THENCE N02023'56"E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 209.43 FEET TO THE POINT OF BEGINNING; THENCE, N6T30'OO"W, DEPARTING SAID RIGHT-OF-WAY. LINE, A DISTANCE OF 60.00 FEET; THENCE N89°58'11"W A DISTANCE OF 141.62 FEET TO A POINT OF CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 187.05 FEET AND A CENTRAL ANGLE OF 14°31 '02"; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 47.39 FEET TO THE WESTERLY. LINE OF mAT LESS AND EXCEPT PARCEL (ALSO KNOWN AS DETENTION POND "0") DESCRIBED IN OFFICIAL RECORDS BOOK 1227, PAGE 525 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA; THENCE N02032'25"E, ALONG SAID WESTERLY LINE, A DISTANCE OF 51.31 FEET TO THE NORTHWEST CORNER OF SAID LESS AND EXCEPT PARCEL; THENCE 589"58'11"E.. ALONG THE NORTH LINE OF SAID LESS AND EXCEPT PARCEL, A DISTANCE OF 244.53 FEET TO THE WESTERLY LINE OF SAID 25th STREET (90 FEET WIDE); THENCE S02"23'56"W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 68.28 FEET TO THE POINT OF BEGINNING. , ~ '. \ , , ì \ !; J i , 1.\ .:....',::; 1 /'! " .' " 1/ø.&:2a¥ Sheet 1 of 2 NOT VALID WlìHOUT SHEET 2 OF 2 Tech: MOP c: CONSULlING ENGINEERS :p.CULPEPPER lie LAND S~VEYORS --= ,: I 2980 SOU1H 25th S1RŒT 1ERPENINGINc. FORT PIERCE. FLORIDA 34982 (772) 464-3537 CERilflCAlION Na. LB 4286 FIle: 06-176 EAS1 Date: 11-27-06 LEGAL DESCRIPTION '. 1HIS IS NOT A SUR'ÆY R-187.0S' L-47.39' LP14·31·02- CHD. BRG-S82·46'06-W C.-47.27· N89·S8', 1·W '41.62 N67~(tOO-W 60.00' LESS " EXCEPT PARCEL CETDI110N POND "C" (O.R. 1227 PG. 525) ~ b ; ç:i ~ I~ ~ IÞ-! 3: ~ l' ~! CD. ~ 0 It) lID '-" == ;., t'f I ò '" lID . C) N CO I~""" 51 rn 100 ~- GRA:PIDC SCALE o 50 _~. :1: (DlIØf) 1 IzM h - 100 It. NOR1HERLY LINE LESS " EXCEPT PARCEL (O.R. 1227 PC. 525) I.IJ ~ N" .. ..- N" r>- Nit) o Z 589'58'11·E 244.53' WE51ERL Y LINE LESS" EXCEPT PARCEL (O.R. 1227 PG. 525) ..Q ..¡..) lr.> C\2 I ~ I 10 it) S'I N o Z EAST-WEST QUAR1£R..?E~. LINE SEC.:..3~-35-40 N.S.L.R.W.C.D. CANAL NO. 101 P~C INTERSECllON YlL Y. RW UNE 25th ST. c!c EAST-WEST QUARTER SEC. UNE SEC. 32-35-40 LEGEND P.O.C.= POINT OF COMMENCEMENT P.O.B.= POINT OF BEGINNING RWc: RIGHT-OF-WAY R.=RACIUS CHD.=CHORD C. == CHORD DISTANCE BRG.==BEARING O,R. == OFFICIAL RECORDS BOOK PG. == PAGE W'L Y == WESTERLY N.S.LR.W.C.D.= NORTH ST. LUCIE RIVER WATER CON1ROL DISTRICT NOiE: THE WESTERLY RW UNE OF 25th STREET IS ASSUMED TO BEAR N02"23'56"E AND ALL oTHER BEARINGS ARE RELAllVE THERETO. Sheet 2 of 2 NOT VAUD WITHOUT SHEET 1 OF 2 , FIle: 06-176 EAS1 Date: 11-27-06 C'ï!:ciJU>EPPER · -~--'ŒRPENINGIN~ CONSULl1NG ENGINEERS &: LAND SURVEYORS 2980 SOU1H 25th 51REET FORT PIERCE. FI.OR1DA 349B2- (772) 46~3537 SKETCH OF DÉSCRIPllON Tech: MDP :;. EXHIBIT IV NEW HIGH SCHOOL PLAN SCH 0500160 FPCHS Reloc Joint Site V6 CL AGT 2n12007 10 ·, .. . _~ __. ...~,. ......~..._... ·.._-,":77-,t'i ;~¡ ¿i i~..-~;.. ¡j ,~,,, t I........ '.I""'~ .... ~...._- , ...¡j(. [or - ~: ,Itl", ..... ....!:.lJ..:u.l.':-L..___I'/ !fFfÐ1' ······.1 \~. ~. .~:!~':r·~ hi. LÇjffiI ':r.lìi:ñf"Jrl1fjj·' -:. .1.:7..1.1. ~. ¥it.~ljy,'::."'~ j .f..1"ffi!Br-..... "..1. J.... - 'i . ">":.", \ï ...¡i- i:;, OJ II,ií' -~;t .r¡'';ifj'''' ,.:.i:_:~?_ /)/ ".1.' .. : : ". .... :;. .: ..... ..' \ ~ ~~. f'!: I : I: "t-l~··q .:!-. " ~ : ..... ._..::' ¡.....__-:.~_;;..... .::__;...-- ..~~ .Jl~1 ~ : .... t.. I, !\.. .. ,.1.,: .. L---..~-¡ :.=:.:- .....:::.-~_..._--~"'~ -"""';-<1 ~ I~,":;.;:".;--=-..} 1Ì Jf'!:i ~~.>~:l\'i:1\\ f¡ i "'~<Q.~;;.~_~.,.:-. _"- > :~ ¡ 'tt... r" 1 ~_ ......~~~ ___ _ __', ....::.. "__<::: \ !' 1\ } ¡ r· \ . ,'- lfb~~\ ¡j i\ t.. I : '11 . .i . \-.: í '_. r..__ i ..... J' ¡ \ \:.'-.r. . I . i ~~- .1,1 '~~..J J fj i '¡ I iI".K"""" .....r ::-=' mIl' ,. ¡r--\{ lí " tk.__ y, c: CONSULTING ENGINEERS =E LAND SURVEYORS CULPEPPER & 2960 SOUTH&25ttl STREET . ---.¡¡ FORT PIERCE. FLORIDA 34981 TERPENING,INC. (772) 464-3537 State of Florida Board of Professional Engineers Authorization No. 4266 NEW HIGH SCHOOL PLAN N.T.S. EXHIBIT V FORM OF EASEMENT OVER DRAINAGE PARCEL 11 SCH 0500160 FPCHS Reloc Joint Site V 6 CL AGT 217/2007 This instrument prepared by (and retum to): Dantel B. Harrell Courthouse Box #34 Gonano & Harrell 1600 S. Federal Highway, Suite 200 Fort Pierce, FL 34950-5194 (772) 464-1032 ext. 1010 EASEMENT (Drainage Parcel Crossing) THIS INDENTURE made and entered this _ day of , 2006, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Grantor"), and the SCHOOL BOARD OF ST. LUCIE COUNTY, governing body of the School District of St. Lucie County, Florida ("Grantee"). FOR AND IN CONSIDERATION of the sum of $1.00 and other good and valuable consideration, the adequacy and receipt of whIch Is hereby acknowledged, the Grantor does hereby grant,· bargain , and convey to the Grantee, its licensees, agents, successors, and assigns, (a) the full and free right for it and its tenants, servants, and visitors, in common with all persons having the like right, at all times hereafter, for ingress, egress, and vehicular access, but not parking, a perpetual easement for driveway purposes over the property more particularly described in the attached Exhibit A ("Drainage Parcel Crossing"), and (b) the full and free right to use the Drainage Parcel Crossing for (i) drainage facilities and structures, but not for the storage, retention, or detention of storm water runoff except as incidental to drainage, (11) water and sewer lines, irrigation lines, gas pipes, telephone and electric power lines and poles, and conduits for any other public or private utility, and (Iii) perimeter fencing incidental to the driveway, drainage, and utilities facilities, together with (c) the right, but not the duty unless expressly set forth herein, to construct, reconstruct, maintain, improve, add to, enlarge, change, and remove such driveway, drainage, and utilities facilities and fencing, all such rights subject to the conditions and limitations setforth herein. TO HAVE AND TO HOLD the easement or right-of-way hereby granted unto the Grantee, its licensees, agents, successors, and assigns, as an easement running with the land and an appurtenance to the adjacent land owned by the Grantee and described in the attached Exhibit B ("New High School Site"). IT IS UNDERSTOOD that this easement is given upon the express understanding and condition that such easement may be used by the Grantor, its licensees, agents, successors, assigns, tenants, servants. and visitors in conjunction with the use of the Grantee and its licensees, agents, successors, assigns, tenants, servants, and visitors. IT IS FURTHER UNDERSTOOD that by entering upon or occupying the Drainage Parcel Crossing for the purposes stated in this easement. the Grantor, for itself and its successors and assigns, (a) accepts aU conditions and limitations set forth herein, (b) to the extent permitted by law, agrees to indemnify and save the Grantor harmless from any and aU damages, Injuries, losses, claims, demands, or costs proximately cause by the sole fault of the Grantee in the construction, reconstruction. maintenance. improvement, addition to, enlargement of, change, or removal of all such driveway, drainage and utilities facilities and fencing, (c) agrees to maintain (i) all or any portion of any driveway that may be constructed on the Drainage Parcel Crossing, whether such construction Is undertaken by the Grantor, the Grantee, or both parties, and (ii) all portions of the Drainage Parcel Crossing that are enclosed by and/or Immediately adjacent to any fencing installed by the Grantee, and (d) agrees to remove or relocate, at the Grantee's sole expense, any fencing installed by the Grantee upon the Drainage Parcel Crossing that the Granto r reasonably determines interferes with authorized maintenance or construction activities of the Grantor. SCH 0500160 Drainage Parcel Xing EAS (Ex V) 11/3012006 1 IT IS FURTHER UNDERSTOOD that the Grantor and its licensees, agents, successors, or assigns, assumes no liability or responsibility to the Grantee, its licensees, agents, successors, or assigns, or to any person using the easement with or without invitation, whether express or implied, or by reason of any business conducted with the Grantee, its licensees, agents, successors, or assigns, or otherwise. THE GRANTOR does for itself and its legal representatives, successors, and assigns, covenant to and with the Grantee, its legal representatives, successors, and assigns that it is the lawful owner of the Drainage Parcel Crossing described in Exhibit A; that it has good right to grant this easement; and that it will warrant and defend the grant of this easement unto the Grantee, its legal representatives, successors, and assigns, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in its name, and its seal to be hereunto affixed by its proper officers thereunto duly authorized, on the day and year first above-written. Attest: ST. LUCIE COUNTY, FLORIDA By: Print Name: Chair, Board of County Commissioners Print Name: Board Clerk STATE OF FLORIDA COUNTY OF ST. LUCIE n The foregoing Instrument was acknowledged before me this _ day of I 2006, by I as Chair of the Board of County Commissioners of St. Lucie County I Florida, on behalf ofthe County. He/she 0 is personally known to me, or 0 has produced as identification and 0 did 0 did not take an oath. [Notary Seal] Notary Public-State of Florida Print Name My commission expires: SCH 0500160 Drainage Parcel Xing EAS (Ex V) 11/3012006 2 EXHIBIT A TO EASEMENT FROM ST. LUCIE COUNTY TO SCHOOL BOARD OF ST. LUCIE COUNTY LEGAL DESCRIPTION OF DRAINAGE PARCEL CROSSING [to be inserted] SCH 0500160 Drainage Parcel Xing BAS (Ex V) 11/30/2006 3 EXHIBIT B TO EASEMENT FROM ST. ~UCIE COUNTY TO SCHOOL BOARD OF ST. LUCIE COUNTY LEGAL DESCRIPTION OF NEW HIGH SCHOOL SITE [to be inserted] SCH 0500160 Drainage Parcel Xing EAS (Ex V) 11/3012006 4 EXHIBIT VI LEGAL DESCRIPTION OF RETENTION AREA ADDITION SCH 0500160 FPCHS Reloc Joint Site V6 CL AGT 2/7/2007 12 ., ....15 15 NOT A SURVEY LEGAL DESCRIPTION A PARCEL OF LAND LYING IN NORTH 1/2 OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE P ARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION' OF THE NORTHERLY RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL No. 101 AND THE WESTERLY RIGHT-OF-WAY LINE OF 25th STREET, ALSO KNOWN AS HAWLEY ROAD (90 FEET WIDE); THENCE N89'58'11"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 245.11 FEET TO THE WESTERLY LINE OF THAT L~SS AND EXCEPT PARCEL (ALSO KNOWN AS DETENTION POND "D") DESCRIBED IN OFFICIAL RECORDS BOOK 1227, PAGE 525 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE N89·S8'11"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, FOR 394.98 FEET TO A POINT OF CUSP AND THE POINT OF CURVE OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 266.00' FEET TO WHICH THE RADIUS POINT BEARS NOO'01' 48"E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30·00'00" FOR 139.28 FEET TO THE POINT OF TANGENCY; THENCE N60·Q1'48"E FOR 257.97 FEET TO THE POINT OF CURVE OF A CURVE TO THE RIGHT, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 187.05 FEET~ THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"28'47" FOR 50.53 FEET TO THE WESTERLY UNE OF SAID LESS AND EXCEPT PARCEL; THENCE S02"32'25"W, ALONG SAID WESTERLY LINE, FOR 183.89 FEET TO THE NORTHERLY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL No. 101 AND THE POINT OF BEGINNING. ,,' ":: ",: ¡i ,J, ¡,I,;;, ",-'.' ' I Sheet 1 of 2 NOT VAUD WliHOUT SHEET 2. Of 2. /I~ .' l ~ ......... .1 ..... <: CONSUL llNG ENGINEERS ìP~LP~ LAND 5~VEYORS .... 29BD scum 25th S1REET lERPENINGiNc. FORT PIERCE. FLORIDA 34SB2 (712) 46+-3537 CER11ACAllDN No. 19 4286 FIle: 06-176 EAS3 Date: 11-27-06 ','" ", "';) ......~.) ,;}.,:' .:'~"') .:. ..'" '. ,'j' ,;¡'::,J/ ::; '.., ::,.:, ,ŒGAL·'\OE-BCRIP110N , .. ...j' ;'1'\ i.I'·' . \,.;" '. '.\ '\ ' "/i /1 I \1'''\- Tech: MDP 1· . , 1HIS IS NOT A SURVEY GRAPHIC SCALE 100 0 50 100 ~_~ I I (nrrør) 1 b>D!I .. 100 ft. R=187.0S' L-50.53' iF' 5"28' 47· CHD. BRG-N67·46'12-E C.a50.38' V£51£RL Y LINE LESS & EJCCEPT PARCa. (O.R. 1227 PO. 525) .1 ClIW 0:: reo [I)1.q- ..J ¡..- ~IP 01° <1° IJ:: Z R-266.00' l-139.28' ls-30-o(tOO· CHD. BRG-N75'01' 48-E C.-137.69' ~ ~ Dea\ ~ti N89·58'11"W 245.1" N'L Y. RW LINE LESS & EJCC£PT PARCa. D£1ENTION POND "0" (O.R. 1227 PG. 525) ~ . SQ- .!Nil Nt') f)co C'II_ o en 08 394.98 NB9"58 11 W EAST-WEST QUARTER SEC. LINE SEC. 32-35-40 -- -- -- N.S.L.R.W.C.D. CANAL NO., 101 INTERSECTION 'ltLY RW UNE 25th ST. & N'LY RW UNE N.s.\..R.W.C.D. CANAL No. 101 LEGEND P.O.C.- POINT OF COMMENCEMENT P .O.B.= POINT OF BEGINNING R.=RADIUS CHD.=CHORD C. ... CHORD DISTANCE BRG.=BEARING O.R. ... OFFICIAL RECORDS BOOK PG, = PAGE WL Y = WES1ERL Y N.s.LR. W.C.D.= NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT NOTE: lHE N'LY. RW UNE OF N.S.LR.W.C.D. CANAL No. 101 IS ASSUMED TO BEAR N89'58'n"W AND ALL OTHER BE¡\RINGS ARE RELAl1VE lHERETO. ~ U1 .c .... ~ N ~ IJ:: >= ..J ~ 1...- . ,~ E-4p::j UJ. ~¡ ~I~¡g +J ¡-::I !Ii æl~~ -- Sheet 2 of 2 NOT VALID WllHOUT SHEET 1 OF 2 Ftle: 06-176 EAs3 Date: 11-27-06 C"T.:CULPEPf'ER · -U="1ERPENINGINc. SKETCH OF DESCRIPTION Tech: MOP CONSUL 11NG ENGINEERS "" LAND SÚRVEYORS 2980 SOUTH 25th STREET FORT PIERŒ. FLORIDA 34982 (772) 484-3537 EXHIBIT VII FORM OF EASEMENT OVER RETENTION AREA ADDITION SCH 0500160 FPCHS Reloc Joint Site V6 CL AGT 21712007 13 This instrument prepared by (and return to): Daniel B. Harrell Courthouse Box #34 Gonano & Harrell 1600 S. Federal Highway, Suite 200 Fort Pierce, FL 34950-5194 (772) 464-1032 ext. 1010 EASEMENT (Retention Area Addition) THIS INDENTURE made and entered this _ day of , 2006, by and between the SCHOOL BOARD OF ST. LUCIE COUNTY, governing body of the School District of St. Lucie County, Florida ("Grantor"), and ST. LUCIE COUNTY, a political subdMsion ofthe State of Florida ("Grantee"). FOR AND IN CONSIDERATION of the sum of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, and convey to the Grantee, its licensees, agents, successors, and assigns, (a) the full and free right for It and its tenants, servants, and visitors, in common with all persons having the like right, at all times hereafter, a perpetual easement for drainage and maintenance purposes over the property more particularly described in the attached Exhibit A ("Retention Area Addition"), and (b) the full and free right to use the Retention Area Addition for (i) drainage facilities and structures, including but not limited to the storage, retention, and detention of storm water runoff, and (Ii) perimeter fencing incidental to the drainage facilities, together with (c) the right, but not the duty unless expressly set forth herein, to construct, reconstruct, maintain, improve, add to, enlarge. change, and remove such drainage facilities and fencing, all such rights subject to the conditions and limitations set forth herein. TO HAVE AND TO HOLD the easement hereby granted unto the Grantee, its licensees, agents, successors, and assigns, as an easement running with the land. IT IS UNDERSTOOD that this easement is given upon the express understanding and condition that such easement may be used by the Grantor, its licensees, agents, successors, assigns, tenants, servants, and visitors in conjunction with the use ofthe Grantee and its licensees, agents, successors, assigns. tenants. servants. and visitors. IT IS FURTHER UNDERSTOOD that by entering upon or occupying the Retention Area Addition for the purposes stated in this easement, the Grantor, for itself and Its successors and assigns, (a) accepts all conditions and limitations setforth herein, (b) to the extent permitted bylaw, agrees to indemnify and save the Grantor harmless from any and all damages, injuries, losses, claims, demands, or costs proximately cause by the sole fault of the Grantee in the construction, reconstruction, maintenance, improvement, addition to, enlargement of, change, or removal of all such drainage facilities and fencing, and (c) agrees to maintain (i) all orany portion of any drainage facilities that may be constructed on the Retention Area Addition, whether such construction is undertaken by the Grantor, the Grantee, or both parties, and (ii) all portions of the Retention Area Addition that are enclosed by and/or immediately adjacent to any fencing installed by the Grantor or the Grantee. IT IS FURTHER UNDERSTOOD that the Grantor and its licensees, agents, successors, or assigns, assumes no liability or responsibility to the Grantee, its licensees, agents, successors, or assigns, or to any person using the easement with or without invitation, whether express or implied. 1 SCH 0500160 FPCHS Retention Area Addtn EAS (Ex VII) 11/30/2006 or by reason of any business conducted with the Grantee. its licensees, agents, successors, or assigns, or otherwise. THE GRANTOR does for itself and its legal representatives, successors, and assigns, covenant to and with the Grantee. its legal representatives, successors, and assigns that it is the lawful owner of the Retention Area Addition described in Exhibit A; that it has good right to grant this easement; and that it will warrant and defend the grant of this easement unto the Grantee, its 1egal representatives, successors, and assigns, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF. the Grantor has caused this instrument to be executed in its name, and its seal to be hereunto affixed by its proper officers thereunto duly authorized. on the day and year first above-written. Attest: SCHOOL BOARD OF ST. LUCIE, FLORIDA MICHAEL J. LANNON, Superintendent and Ex Officio Secretary By: Print Name: Chair STATE OF FLORIDA COUNTY OF ST. LUCIE n The foregoing instrument was acknowledged before me this _ day of , 2006, by , as Chair of the School Board of S1. Lucie County, Florida, on behalf of the School Board. He/she 0 is personally known to me, or 0 has produced as identification and 0 did 0 did not take an oath. [Notary Seal] Notary Public-State of Florida Print Name My commission expires: * . . 2 SCH 0500160 FPCHS Retention Area Addtn BAS (Ex VII) 11130/2006 EXHIBIT A TO EASEMENT FROM SCHOOL BOARD OF ST. LUCIE COUNTY TO ST. LUCIE COUNTY LEGAL DESCRIPTION OF RETENTION AREA ADDITION [to be inserted] 3 SCH 0500160 FPCHS Retention Area Addtn EAS (Ex VB) 11/30/2006 EXHIBIT VIII LEGAL DESCRIPTION OF DRIVEWAY PARCEL 14 SCH 0500160 FPCHS Reloc Joint Site V6 CL AGT 2n12007 , ' 1HIS IS NOT A SURVEY ; LEGAL DESCRIPTION A PARCEL OF LAND LYING IN NORTH 1/2 OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 32 AND THE WESTERLY RIGHT-OF-WAY LINE OF 25th STREET, ALSO KNOWN AS HAWLEY ROAD (90 FEET WIDE); THENCE N02'23'5S"E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, FOR 277.71 FEET TO THE NORTHERLY LINE OF THAT LESS AND EXCEPT PARCEL (ALSO KNOWN AS DETENTION POND "0") DESCRIBED IN OFFICIAL RECORDS BOOK 1227, PAGE 525 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE, N89·S8'11"W, ALONG ~AID NORTHERLY LINE, FOR 244.53 FEET TO THE WESTERLY LINE OF SAID LESS AND EXCEPT PARCEL; THENCE S02·32'25"W FOR 51.31 FEET TO A POINT OF CURVE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 187.05 FEET, THE RADIUS POINT OF WHICH BEARS S14·29'25"E; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF '. 15.28'47" FOR 50.53 FEET TO THE POINT OF TANGENCY; THENCE SSO·o1' 48"W . FOR 257.97 FEET TO THE POINT OF CURVE OF A CURVE TO THE RIGHT CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 266.00 FEET AND A CENTRAL ANGLE OF 30·00'00"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE FOR 139.28 FEET TO THE NORTHERLY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL No. 101 AND THE POINT OF TANGENCY; THENCE N89·58'11"W, ALONG SAID NORTHERLY LINE, FOR 633.95 FEET; THENCE N01·11'32"E FOR 80.01 FEET; THENCE S89·56'11"E FOR 632.32' FEET TO THE POINT OF CURVE OF A CURVE TO ·THE LEFT CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 186.00 FEET AND A CENTRAL ANGLE OF 30'00'00"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE FOR 97.39 FEET TO THE POINT OF TANGENCY; THENCE N60·01'48"E FOR 257.97 FEET TO THE POINT OF CURVE OF A CURVE TO THE RIGHT CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 267.05 FEET AND A CENTRAL ANGLE OF 30.00'00"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE FOR 139.82 FEET TO THE POINT OF TANGENCY; THENCE S89'58'11"E FOR 144.90 FEET; THENCE N72i7'S3"E FOR 60.00 FEET TO THE WESTERLY LINE OF SAID 25th STREET (90 FEET WIDE); THENCE S02·23'56"W, ALONG SAID WESTERLY RIGHT-OF-WAY UNE, FOR 53.04 FEET TO THE POINT OF BEGINNING. ", " \ \ \ 1 , I ~ .i, '\ . ", ':, '_\'~ :~,t J~..·,·lJ:·,.. ',:, 1\' ., Sheet 1 of 2 N.OT VAUD WliHOUT SHEET 2 OF 2 ..,. --.. "..' -., - '.- """',,;,' . i·:; ;(>:~:::.;;;·-.;..'-;~ :~~I~~ ~ \~ESCRIPT1ON File: 06-176 EAS2 Date: 11-27-06 Tech: MDP c: CONSULTING ENGINEERS =f & . CULE'EPPER II LAND SURVEYORS 2980 SOlmi 25th mEET TERPENINGINc. FORT PIERCE. f\.ORIDA 34982 (772) 464-3537 CERlIFlCA lION No. I.B 04286 THIS IS NOT A SURVEY R=266.00' L=139.2B' l LF30'OO'OO" CHD. BRG=N7S'01'4B E C.=137.69' \ I 1 I~ a:::: ; r I I I : \ I 'N01'1'32"E : ao.01' I I I I 1 I 1 - 0~ -N 1") Ñ <} CD ~oo ~ GRAPmc SCALE o tOO ~oo _~ I j ( DUUT ) 1111ah"2OD(\' =' w . ..... ~ tn CD (J R=186.00' L-97.39' lF30"OO'OO" CHD. BRG=N7S'01'48"E C.=96.2B' . LEGEND P.O.C.= POINT OF COMMENCEMENT P .0.8.= POINT OF BEGINNING R.=RADIUS CHD.=CHORD C. = CHORD DISTANCE BRG.=BEARING O.R. = OFFICIAL RECORDS BOOK PG. = PAGE W'L Y = WESTERLY N.S.L.R. W.C.D.=NORTH ST. LUCIE. RIVER WATER CONTROL DISTRICT , ~ ~¡::)ð R=187.0S' ~ 7. L=SO.53' .~~. A=15"2B' 47" <^ CHD. BRG=S67'46'1 Z"W /C.=SO.3B' . -2.67.05' L-139.82' boa30'OO'OO" CHD. BRG=N75"01'49"E C.=13B.23' N721,'53"E 60.00' ------ NOTE: THE WESTERLY RW LINE OF 25th STREET IS ASSUMED TO BEAR N02'23'56"E AND ALL OTHER BEARINGS ARE RELATIVE TliERETO. Sheet 2 of 2 NOT VALID WllHOUT SHEET 1 OF 2 FIle: 06-176 EAS2 Date: 1'-27-06 C'1LCUlPEPPER , -m--1ERPENINGIHc. CONSULTING ENGINEERS &: LAND SURVEYORS 2980 SOU1ti 2ðth SlREET FORT PIERcE. FLORIDA 34982. (772.) 484-3537 SKETCH OF DESCRIPl10N Tech: MDP 1 02/23/01 FZABWARR FUND 001 001167 001172 001174 001177 001180 001182 001404 001415 001418 001419 001424 001814 101 101001 101002 101003 101004 101006 102 102001 102803 102805 105 ~ .001 107002 107003 107005 107006 107204 113 114 116 117 119 127 128 129 130 136 138 140 140001 140128 140132 140334 140339 140341 140342 140349 150 '1 J 183001 183003 183004 ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 17-FEB-2007 TO 23-FEB-2007 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 05 CDBG Grant FY 05 FHFC Disaster Relief Grant Section 112/MPO/FHWA/Planning 2006 US Dept Housing HUD Shelter Plus Gr CSBG Grant FY07 05 CDBG Sup Disaster Recovery TDC Planning Grant FY 07 FDCA EMPA FY07 FDCA-Construct County EOC Dept of Financial Services My Safe Floridian Aquifier Well Monitoring 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 Paradise Park, S L C Stormwtr Imp. SFWMD-Paradise Prk Swtr Imprv Phs I Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Legal Aid F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday pines Fund pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund Industrial Park West-EDA Airport Layout Plan Update Const. Apron & Environmental Mitiga Drainage Improvements #407701 Construction of Airport Rescue & Fi Construction of Access Road forARFF Airport Layout Plan Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court EXPENSES 646,437.72 53.96 30,450.95 24,320.00 676.65 1.14 12,751.08 116.84 61. 56 3,190.20 111,456.58 388.26 119.05 4,195.07 12,254.91 30,634.02 5,306.37 11,201. 68 26,738.25 8,416.92 233,926.92 1,350.00 204,736.74 1,758.35 142,613.53 1,236.58 2,877.24 5,147.24 16,264.72 614.58 57.65 227.86 497.33 555.70 138.39 859.20 361. 57 483.32 19,563.81 127,802.38 1,426.57 248.85 5,470.63 3,862.06 12,000.00 14,235.08 9,600.00 25,552.00 4,405.00 4,405.00 749.22 2,706.14 1,203.91 23,366.91 400.00 264.50 220.68 PAGE PAYROLL 662,203.59 642.52 0.00 0.00 5,089.78 0.00 1,722.09 1,325.47 747.51 0.00 0.00 2,321.81 1,391.91 45,341.28 0.00 42,758.26 34,981.15 19,215.21 0.00 85,483.49 6,349.74 0.00 0.00 0.00 92,711.02 1,019.04 38,481. 08 0.00 0.00 7,453.74 753.55 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13,717.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,130.41 3,268.96 0.00 0.00 0.00 2,728.70 1 .1 02/23/07 FZABWARR FUND 183006 185007 185008 210 216 310002 310003 310202 316 316301 317 382 401 418 451 458 461 471 478 479 491 505 505001 611 ') j 630 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 17-FEB-2007 TO 23-FEB-2007 FUND SUMMARY TITLE Guardian Ad Litem Fund FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Impact Fees I&S County Capital I&S Impact Fees-Parks Impact Fees-Public Buildings FDEP Land/Water Fund "River Pk" County Capital FDOT Intermodal Improvements County Capita1-St Revenue Share Bnd Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Uti1 Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Tax Deed Overbid Agency Fund Bank Fund GRAND TOTAL: EXPENSES 26,436.40 85.33 15,642.44 24,159.32 22,106.48 20,042.44 220.00 32,163.08 5,510.00 20,447.70 807,281. 38 137,014.00 582,857.12 23,070.32 13,319.82 44.51 21,260.07 4,173.35 71. 66 15,946.59 8,503.76 325,860.33 108.80 900.00 198,342.30 9,309.93 144,010.88 274,582.48 4,533,431.36 PAGE PAYROLL 0.00 1,021. 00 2,987.07 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 64,907.79 22,043.15 1,965.89 539.54 16,999.14 7,955.52 868.32 1,451. 98 65,599.82 10,192.80 0.00 0.00 0.00 0.00 0.00 0.00 1,268,369.49 2 .~. ~' AGENDA REQUEST ITEM NO. C2A DA TE: February 27,2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Second Amendment to March 9, 2004 Agreement with Clarion Associates BACKGROUND: See attached memorandum FUNDS AVAILABLE: 001-15101-531000-100 PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the Second Amendment to the March 9, 2004 Agreement and authorize the Chairman to sign the Second Amendment. COMMISSION ACTION: CONCURRENCE: 0(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ~ County Attorney: ~" Review and Approvals Management & Budget Purchasing: Growth Mgmt. Dir: ¡~ rl'1:..f County Eng.: Originating Dept. Finance: (Check for copy only, if applicable) Eff. 5/96 .. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07-0235 DATE: February 7, 2007 SUBJECT: Second Amendment to March 9, 2004 Agreement with Clarion Associates AAAAAAAAAAAA***************************AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA BACKGROUND: In March, 2004, the County entered into an agreement with Clarion Associates to assist the County in revising a portion of the County's Land Development Code (i.e. Chapters 10,11 and 12 of the LDC). County staff has requested modifications to the scope of work which are outlined in Exhibit A-l and an increase in the contract time to June 1, 2007. The proposed additional compensation is twenty-six thousand four hundred forty and 1/00 ($26,440.00) dollars. Attached is a draft copy of a Second Amendment incorporating the proposed changes to the Agreement. Funding is available in Account Number 001-151Q-531000-100. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Second Amendment to the March 9, 2004 Agreement and authorize the Chairman to sign the Second Amendment. DSM/caf Attachment + SECOND AMENDMENT TO MARCH 9, 2004 CONSULTING AGREEMENT BETWEEN ST. LUCIE COUNTY AND CLARION ASSOCIATES THIS SECOND AMENDMENT made this day of ,2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County) and CLARION ASSOCIATES, or his, its or their successors, executors, administrators and assigns (Consultant). WHEREAS, on March 9,2004, the parties entered into a Consultant Agreement (the "Agreement") whereby the Consultant agreed to provide professional consulting services for land use/planning assistance to St. Lucie County; and WHEREAS, on September 27, 2005, the parties entered into a First Amendment amending the Time of Performance allowing for additional time to complete the work; and WHEREAS, the parties desire to further amend the Agreement to expand the scope of services and amend the time of performance. NOW, THEREfORE, in consideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: l. follows: Paragraph 2. SCOPE Of WORK of the Contract shall be amended to read as 2. SCOPE OF WORK The initial scope of work to be performed by the Consultant under this Agreement identified in the Work Program, which is attached to this Agreement as Exhibit "A". The additional scope of work to be performed is set out in Task 1 (Revised January, 2007) which is attached as Exhibit A-l. 2. Paragraph 4. TIME OF PERFORMANCE of the Contract shall be amended to read as follows: 4. TIME Of PERFORMANCE The Consultant shall complete all work on or before June 1,2007. G:\A TTY\AGREEMNT\clarion-1A.wpd -1- · 3. follows: Paragraph 5. COMPENSATION of the Contract shall be amended to read as 5. COMEPNSATION The Consultant shall be compensated for the initial services rendered under this Agreement pursuant to Exhibit" B". The Consultant shall be compensated for the additional services (Task I - Revised January, 2007) rendered under this Agreement pursuant to Exhibit B-1. 4. All other terms and conditions of the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: CLARION ASSOCIATES BY: Print Name: Print Title: G:\A TTY\AGREEMNT\clarion-1A.wpd -2- ST. LUCIE COUNTY, FLORIDA TARGETED REVISIONS TO LAND DEVELOPMENT CODE PROJECT WORK PLAN REVISED JANUARY 2007 The work program for targeted revisions to the S1. Lucie County Land Development Code (LDC) is divided into five tasks, including: Task 2: Task 3: Task 4: Task 5: Attendance at Work Session and Board of County Commissioners Hearings on Administration Module; Revisions to Administration Module Revisions to Sexually Oriented Business Regulations Policy Memorandum Regarding Other Targeted Revisions Draft Other Targeted Revisions Additional Revisions and Presentations (Optional) Task 1: Task 1: Attendance at Work Sessions and Board of County Commissioners Hearing on Administration Module; Revisions to Administration Module In Task 1, Consultant will attend and present the public drafts of the Administration module (Articles 10, 11, and 12) that have already been completed, at four additional separate meetings , each of which will require a trip: (1) a second half-day work session with the Planning and Zoning Commission, (2) a half-day work session with the Board of County Commissioners; (3) a Board of County Commission public hearing; and (4) a second Board of County Commission public hearing. In addition, Consultant will make revisions to the Administration module based on the direction received at the work sessions and public hearings. The timing of the second round of revisions shall be mutually agreed upon by the Consultant and County staff. Task 1 Summary Deliverables · Attendance at one (1) work session and two (2) hearings on the Administration module with the Board of County Commissioners. · Attendance at one (1) work session with the Planning and Zoning Commission. · Revisions to Administration module. County/Staff Responsibilities · Organize work session and two hearings with Board of County Commissioners. · Assist Board of County Commissioners in providing direction on revisions to draft Administration module. Trips Four, one and one-half day trips to County for work session and hearings Schedule Estimated completion date: March-May, 2007. Targeted Revisions to Land Development Regulations - DRAFT St. Lucie County, Florida Clarion Associates Amendments to LDC - January 2007 Page 1 ÌJ :is D :I EXHIBIT J/(j_/ Ii ST. LUCIE COUNTY, FLORIDA, TARGETED REVISIONS TO LAND DEVELOPMENT CODE PRELIMINARY PROJECT BUDGET Task 1 TASK CLARION TOTAL Richardson Goebel Buckley ($21 Olh r) ($155/hr) ($60/hr) TASK 1: ATTENDING WORKSESSION AND HEARINGS ON ADMIN MODULE Worksession with BCC 16 20 Worksession with PZC 16 0 BCC Hearina 1 16 0 1 BCC Hearina 2 16 0 Revisions to admin chapters 10 12 2 Hours 74 32 4- Total Fees $15,540 $4.960 $2,64 $23,140 Number of Trips 4 1 1 Travel Expenses· $2,000 $800 $50( $3,300 TASK 1 TOTAL $26,440 .Clarion travel expenses from Chapel Hill are based on an estimated round- trip airfare cost of $300. Clarion travel expenses from Denver are based on an estimated round-trip airfare cost of $500. Estimated travel costs are subject to chanae dependina upon actual airfare costs. EXHIBIT ... I 11/)_/ il Clarion Associates 2/512007 Page 1 of 2 " ! '" " AGENDA REQUEST ITEM NO. ~tJ DATE: February 27,2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 07-080 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County BACKGROUND: Due to the drought in St. Lucie County, the Fire Chief has requested that the County extend the ban on open air burning in St. Lucie County. FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve Resolution No. 07- 080 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: X] APPROVED [] DENIED [ ] OTHER: Approved 5-0 -kt County Attorney: Q-I' ,y ../<-< Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ". t RESOLUTION NO. 07-080 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (OPEN AIR BURNING) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County Administrator declared a state of emergency on February 14, 2007, at 5:00 p.m. due drought conditions. 3. The drought conditions have placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until February 28, 2007 at 5:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective February 21, 2007 at 5:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX ,. f PASSED AND DULY ADOPTED this _ day of February, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY \,: AGENDA REQUEST ITEM NO. C2c DATE: February 27,2007 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Paradise Park Stormwater Improvement Eleanor Johnson-Morris Tax ID 1433-701-0442-000/5 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Paradise Park SLC Stormwater Imp. - Storm water Management Account No. 102803-3725-561007-42511 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Eleanor Johnson-Morris for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [-] OTHER Approved 5-0 [ ] DENIED [x] County Attorney: 151- [x] Originating Dept: Jry\~ Review and Approvals Mýh [x] Engineering:: C [x] Public Works:~ÞF?j'IJ PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 27, 2007 SUBJECT: Contract for Sale and Purchase Paradise Park Storm water Improvement Eleanor Johnson-Morris Tax ID 1433-701-0442-000/5 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Paradise Park neighborhood. Ms. Johnson-Morris' property is one of the properties needed for part of a dry retention pond. A contract was sent to Ms. Johnson-Morris in the amount of $25,000.00 which is 100'ro of the appraised value of the property according to East Coast Appraisers & Consultants the County's independent appraiser. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Eleanor Johnson-Morris for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, <JL-:tL, Ann Riley ~ Property Acquisition Manager "', -.., '" '-'~" "-',-, LILACTER ACORN WAY \ " \ ----_.~._.- "'. :=?~~~~~",. MATANZAS AVE ~ . :- -""'''---1 ~-I' ''--.-, ~"', U____L_J '-____J__ i '"",":,~:. .~" . I I: i , IIIr-~~ _LJ~~~~ìi~ò~""." .. ... ····S~N~M~RCOS AVE . ~ ... : j . !i ITrT7 f¡--IT-'l<:::·'··,"'... "'h .................................. H.[. I: mlml···~1 C'» /f¡,"/~ .. ... . . D--r~r'---r-D': mi ~m] ~ .,~~ > L !. I i.m...mmm.mm!mmm!m!Jm . ¡ ~mm. '-"-" "'","...." "-""" "'" ). """"""J... I f----- I I \\ SILVERSTREAMCIR ....\ ... ..,............------- '" " 'ì 1\ ... .........-...---------....... j \ ~..,'~ "'--'-'\ , , ~"'''''''''' ........." \.._~--'\ " '" ", '" """-, ........,- j ¡ ) " " -------." -'t'-... .......''''',...,',.~... ...........------...--.. " ""-''-",- '''''.....' \, \\" . .\\ i', ... .... .................................-.... \ \ .....................\ ;JUANITÞ:AVE....·m ," "_--\ ¡ I \ ¡ ¡ \ . ~=m_Lm:=à\ ~]]mmm\ mm VALENCIA AVE' . .m.:I: ''I ¡ -,- ¡--- - r~ ~-ì-----1 í- I rtrrrtdJ r[[IJ=~\\ L: ,l~ III~~J]. L."~~...-\, i ¡.- , ----.L-.JZ . , ..]1]11 ·1~u~~n:R~]-=l~ )...·.."]IJ~¡L~L lIL¡-l~j~' -lJ1J1LJlLLLI=IJ~,I~===.b:.....o......_:.~._~. ... ........=~ =1 t \ ., \ \. i L_~ '~I! \ \. \ \ _r-T_····mm···-1 ! i I Tl"¡1T: . . I . . I .. .. . .. .. .: ::.,..L::::::::.;_;:__-,:__::::-,:_:::::_:::::~::::::::::~::::;:::::::,. ...._............._.........".......""..._ .........m....... .. ·.==~Y.I; \¡ ¡UEI j=.....L·=:~.,-é/1 ¡ . . ri- ··r--m. 1- ~=j . t=t~! I~ L_.ij!~=r=I~[j Z¡ :¡: _mmj.. !~--i Zr-m-mi -¡. [=tj Im------1 ··..···..···~-_·____.._~.....m .............- PROJECT NAME: Paradise Park Stormwater Improvement Project PARCEL: Eleanor L. Johnson-Morris Parcell.D. 1433-701-0442-000/5 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this lCL- day of p~ ' 2007, between ELEANOR L. JOHNSON-MORRIS. whose mailing address~ P.O. BOX 8675. Port St. Lucie. FL 34985-8675 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Twenty-Five Thousand and 00/100 Dollars, ($25.000.00) determined to be the total of the following: Real Property (Land) and Buildings Other Improvements upon the Land (described, if any) Other (describe) $25.000.00 $ N/A $ N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. This contract is contingent on the County purchasing the property to the east of the subject property. 1 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliverto PURCHASER a Mechanic's No-Lien Affidavit as to realty. 2 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as ofthe date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before March 5. 2007 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 3 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunderwithoutfault of SELLER, all monies paid hereu nder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense ofthe PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereu nder; he shall either satisfy the mortgage or obtain a 4 release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that bysigning this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (50) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents thatthere are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts,licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property withoùt the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be 5 limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHAsER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. ~A EXECUTED by SELLER this W"t J7)ulÂ.. - Ine~~ / t- , ~}/t./ kss· - \0 6 STATE OF (feY ,ðl1 COUNTY OF ~ U )(I~ ) ) The foregoing instrument was acknowledged before me this_fD day of t2J:f'cwy ,2007, by Eleanor L. Johnson-Morris, who is personally known to me orwho has produced a drivers license issued within th~;:rs ~tlon. Notary Public L~ ýhlob\~ (Printed, Typed or Stamped Name of Notary Public) My Commission Expires J' d (j 0 ') . ,' ;:I'" , . ".:1"......... >¡ :,BIL.E " ,è'" of Florida. :;, <";,,, JuI2B. 2Cl " DD 455671 ;; '!Ie Bond'.' \.\ '. ;~al Notary ASSiI. 1 ....¡lj,<¡¡'_..,'\~~'1\I....,.. __ ~ .~.,..,.." EXECUTED by PURCHASER this day of , 2007 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ,BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" Lot 4, Block 27, PARADISE PARK, according to the Plat thereof, as recorded in Plat Book 8, at Page 17, of the Public Records of St. Lucie County, Florida. 8 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 1/) 9 .- EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS 10 EXHIBIT "0" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 11 EXHIBIT "E" POLICIES OF INSURANCE 1¡(fJ 12 1" AGENDA REOUEST ITEM NO. C2d DATE: February 27.2007 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Paradise Park Stormwater Improvement Roneesha Octavien Smith Tax ID 1433-701-0440-000/1 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Paradise Park SLC Stormwater Imp. - Storm water Management Account No. 102803-3725-561007-42511 PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Roneesha Octavien Smith for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: CONCURRENCE: [XI APPROVED [ ] DENIED rlOTHER Approved 5-0 f~ [x] County Attorney: ¡(~- r-A Review and Approvals [x] Engineering:: M"P [x] Public Works: M'V{~:[.,brø1A1 j [x] Originating Dept: 11'Al PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 27, 2007 SUBJECT: Contract for Sale and Purchase Paradise Park Stormwater Improvement Roneesha Octavien Smith Tax ID 1433-701-0440-000/1 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Paradise Park neighborhood. Ms. Octavien Smith's property is one of the properties needed for part of a dry retention pond. A contract was sent to Ms. Roneesha Octavien Smith in the amount of $25,000.00 which is 100"0 of the appraised value of the property according to East Coast Appraisers & Consultants the County's independent appraiser. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Roneesha Octavien Smith for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, J Ann Riley Property Acquisition Manager "-""" / \ '. '. \ ,.Y" ", -, ~, . .... . .. LlLACTER , -~:~~~>. ,..-. . ·,····t i ~-- L~11.l+ ,1tl~'116Ò~4ì¡D~ìt....'; ..~ -.,. """" , I 1 ßê"TiCTª t'h 7 /II'TfT-cj:'?::::>-. '\'. "" ! tr'-l~~rii'V;n DJllr~n-I"~iJ ~~t'T;I--:-""~", l~sl~:-~i~fI~lCJrD['~r:ê~TbJJ- bj_~ILj' r ->ì'~~"<:- ~~~hl)~=ÜL===jJ=):JJL=Jl=i==~JÁNià'AvE",:;à=.-=c= ""/']"' '. . -~-, :' =ern' ,¡,m'.".", ., , ~~J~JJ" · .L.1__.,_JIJJ:· .. I \ ~.. [ ~[n=]-_--~J::::I:] I D,-'¡-' uJ-r"I=DIJ ! [:I_:~::JI~:.:::~~\ !' [ ~==Y lo:I1ffr=n![l~lìQfíET 11t;ITl=¡;l' 'Dl " \ ti±h' !mrJt-u!{tJII'jrtlJh t~tLIJrl ir]~~¿~ ' m=_J:lj=:l:[hJltIIfE~r[II IIttifi~_:~:~Ejl\ ''''''''-''''''''- ACORN WAY SILVERSTREAMCIR .....,............--- ...................- 1\ ì\ " \ " '. \ --.'¡ --r-"-' .-:.........-.....-........... --..... ... en ¡.!o- ¡ en ¡ ""'......_"....---1 _..,('01 . Z __""..._.1 1 ,=·(===T-!r4µ¡JT~~T::çt~---'c 'L_..__ t ' j l J ·,.i 1 !~- '-'I \ 'Ëþl,.......,-........ 3"'1. 1---·1 ,....... ........................_...... " '-.....,,-...-.........---....-. ..,.. ,.--... ...........__".....", . [................... ...m.,' , ì r=:':~:'ì 1;): . t~"... ~j"-- ~. ~ l·i~~,._.J-·i~! 1- rrr I ill t,m.j : l·:.....:tjzi~=1 L·:~ .,.....J.: I I I· L..L.J f-\ ...........m......._._....._..............__...._. .......-.......-.......... ...._...~ PROJECT NAME: Paradise Park Stormwater Improvement Project PARCEL: Roneesha Octavien (Smith) Parcell.D. 1433-701-0440-000/1 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this I ~ day of~ , 2007, between RONEESHA OCTAVIEN (SMITH), whose mailing address 415 S. Gordon Avenue, Adel, GA 31620, hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvèments and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Twenty-Five Thousand and 00/100 Dollars, ($25,000.00) determined to be the total of the following: Real Property (Land) and Buildings Other Improvements upon the Land (described, if any) Other (describe) $25,000.00 $ N/A $ N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. This contract is contingent on the County purchasing the abutting property to the east of the subject property. . 1 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable withi'n said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLERshall make and deliver to PURCHASER a Mechanic's No-Lien Affidavit as to realty. 2 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before March 5. 2007 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all 3 monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunderwithoutfaultof SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract oftitle continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments du.e thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 4 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part ofthe subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may 5 be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this I ~ day of Çe~ , 2007. ~L~~tr) I ess I I I ~ 0 ç..--- RÓNEESHA OCTAVIEN AI KIA RONEESHA SMITH <JNfuDCI. ~ {IA.L- Witness 6 '. ~~~T:~~~!ié ) . ~ The foregoing instrument was acknowledged before me this /3 day of C~~ ' ,2007, by Roneesha Octavien a/kla Roneesha Smith, who is personally known to me or who has produced a drivers license issued within the last five years as My Commission Expires ~,-CwuJJL N tary Public &ð{Çl CÙî n-e { / (Printed, Typed or Stamped Name of Notary Public) identification. Beth Connell . P ..,. [''''.:..''1 r.ounty, Georgia ,,¡('ta"'" U;y'Cc c'"c;; c,.,. ., .. ît',P . .·re'" ,,~OV. 17, 2",..,,-, rJ:\, N' EXECUTED by PURCHASER this day of , 2007 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" Lot 2, Block 27, PARADISE PARK, according to the Plat thereof, as recorded in Plat Book 8, at Page 17, of the Public Records of St. Lucie County, Florida. 8 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 9 EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS 10 EXHIBIT "0" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 11 " EXHIBIT "E" POLICIES OF INSURANCE 12 " ",' AGENDA REOUEST ITEM NO. C-2.E Date: February 27, 2007 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: B& E Houck Enterprises, Inc. - Consent to Subleases BACKGROUND: See C.A. No. 07-0175 FUNDS A V AIL.(State type & No. of transaction or N/ A): N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the sublease agreements submitted by B & E Houck Enterprises, Inc. COMMISSION ACTION: CONCURRENCE: f)( APPROVED [] DENIED [ ] OTHER: A d 5 0 pprove - County Attorney: )< Originating Dept.: ---¡:~ Finance (Check for Copy only, if applicable): ¡9t Coo rdinatio n/Sie:natures Mgt. & Budget: Purchasing: Other: Other: .,. ; INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-0175 DATE: February 20,2007 SUBJECT: B& E Houck Enterprises, Inc. - Consent to Subleases BACKGROUND: Pursuant to the County's fixed based operator lease agreement with B & E Houck, Enterprises, Inc., any sublease in excess of twelve (12) months requires the consent of the County. Houck has recently come under new management which is in the process of reviewing all of its subleases to determine which ones may not have been submitted to the County for approval. The sublessees and the uses permitted under their respective subleases are listed below: Aerodyne, Inc. - Aircraft storage and maintenance Aircraft Parts Market, Inc. - Aircraft storage and maintenance BPJ Holding Corp., Inc., d/b/a Goose Holding Co. - Aircraft storage and maintenance Phil Corso - Aircraft storage and maintenance Equi-tox Pharma, Inc. - Aircraft storage Fort Pierce Aircraft Interiors - Aircraft storage and maintenance Freedom Aviation - Aircraft manufacturing and maintenance Maverick Boat Company, Inc. - Aircraft storage NavTech Aviation - Aircraft storage and maintenance Peter Broom Aviation Services, LLC - Aircraft storage and maintenance Michael Prefontaine - Ground equipment maintenance and sales William Prescott - Aircraft storage and maintenance Propeller Parts Market, Inc. - Sale of aircraft parts and storage SST Tire Service, Inc. - Aircraft sales and maintenance Stewart Mining, Inc. - Aircraft storage Tradewinds Flight School, Inc. - General office space Treasure Coast Avionics, Inc. - Aircraft storage and maintenance Staff has reviewed the subleases and determined they are not in conflict with the master lease. Copies of the subleases are available in the County Attorney's office for review. 1 , RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners consent to the subleases submitted by B & E Houck Enterprises, Inc. Respectfully submitted, ~ ð'-ð-- Heather Young Assistant County Attorney HY/ Copies to: County Administrator Airport Director Deputy Clerk 2 --- .... AGENDA REQUEST ITEM NO. C-2.F Date: February 27, 2007 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: 3904 N. Kings Highway - First Amendment to September 1,2000 Lease Agreement with James and Brenda Gibbons BACKGROUND: See C.A. 07-0295 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to September 1,2000 Lease Agreement with James and Brenda Gibbons, and authorize the Chairman to sign the First Amendment. COMMISSION ACTION: CONCURRENCE: Approved 5-0 ~ 1)(1 APPROVED [] DENIED [ ] OTHER: Cì h . l\ C<>~'YA("'~~ Originating Dept.: -'. " Coordination/Sie:natures Mgt. & Budget: Purchasing: Other: Other: Finance (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-0295 DATE: February 20, 2007 SUBJECT: 3904 N. Kings Highway - First Amendment to September 1, 2000 Lease Agreement with James and Brenda Gibbons BACKGROUND: On September 1, 2000, the County entered into a lease agreement with James and Brenda Gibbons for property located at 3904 N. Kings Highway west of the St. Lucie County International Airport. The property is used to grow organic produce. The lease provided for an initial term of five (5) years with an initial rent of five hundred thirteen ($513.00) per month subject to an annual adjustment based upon the Consumer Price Index. The Lessees indicated a desire to extend the term of the lease prior to its expiration. At that time the County obtained an updated fair market appraisal of the property to determine the appropriate rental rate if the lease was extended. Although the property suffered extensive damage in the hurricanes of 2004 and 2005, the Lessees desire to proceed with the extension subject to a five year phase of the rental increase and have continued on a holdover basis while the terms of the amendment were being finalized. Attached to this memorandum is a copy of a proposed First Amendment to the September 1, 2000 Lease Agreement which would extend the term through and including August 31, 2020. Beginning March 1, 2007 increase to seven hundred thirteen and 00/1 00 dollars ($713.00) per month and continue with an annual twenty percent (20%) increase until December 1, 2010 at which time the rent will be one thousand two hundred fifty and 00/1 00 dollars ($1,250.00) per month. For the remainder of the lease term, the rent will be adjusted annually based upon the Consumer Price Index. The additional revisions in the proposed amendment are intended to clarify the use, maintenance, insurance and environmental compliance requirements of the parties. In the event the Lessees wish to further extend the term beyond 2020 and the Board determines it is in the best interests of the County to continue to lease the property for vegetable production, the rental rate will be subject to further adjustment based upon two appraisals and one review appraisal of the property. The appraisals will determine rental rates based on both vegetable production and, if different, the highest and best use of the property as determined by the appraiser. The Board will then select which rental rate to use and notify the Lessees of the new rental rate. The Lessees will have thirty (30) days to notify the County whether they wish to continue with the lease extension at the new rental rate. 1 RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to September 1, 2000 Lease Agreement with James and Brenda Gibbons, and authorize the Chairman to sign the First Amendment. Respectfully submitted, '1-~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Finance Director Management and Budget Director 2 FIRST AMENDMENT TO SEPTEMBER 1, 2000 LEASE AGREEMENT THIS IS A FIRST AMENDMENT to the September 1, 2000 Lease Agreement by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and JAMES GIBBONS AND BRENDA GIBBONS, ("Lessee"). WHEREAS, on September 1, 2000, the parties entered into a Lease Agreement ("Lease") for certain property owned by the Lessor and located at 3904 North Kings Highway, Fort Pierce, Florida; and, WHEREAS, the Lease provided for an initial five (5) year term; and, WHEREAS, the parties desire to extend the term through and including August 31, 2011 ,and clarify certain other provisions of the Lease. NOW, THEREFORE, in consideration of the mutual promises and covenants contained, the parties agree to amend the Lease as follows: 1. Paragraph 2. PURPOSE, shall be amended to read as follows: 2. PURPOSE. Lessee agrees to use the premises for fruit and vegetable production and an accessory use as a retail market for sale of produce grown on site. Within six (6) months of the date written above, the Lessee shall commence operations on the leased premises. Failure to commence operations within such period shall be considered a default under Paragraph 16 of this Lease. The use of the leased premises by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Lessor, the Federal Aviation Administration or its successor agency, the State of Florida, or any other federal, state, or local agency having jurisdiction over the operations of the St. Lucie County International Airport, as maybe be amended from time to time, and is further subject to the terms, conditions, and regulations imposed by the Lessor, as may be amended from time to time. 4. Paragraph 8, REPAIRS AND MAINTENANCE, shall be amended to read as follows I 8. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the leased premises, including grounds, furnishings, fixtures and personal property, if any, in a good state of repair and condition. Lessee shall comply with any aesthetic standards, which the Lessor may subsequently adopt for its leased properties. Lessee agrees at its expense to make all routine repairs to the leased premises, including electrical, plumbing, sewer, sewer conditions, and all other repairs that may be required to be made, including structural and air conditioner, and Lessee at its expense will keep the building interior, fixtures and equipment in a good state of repair, in good condition and at all times well painted. Lessee at its expense agrees to deliver to Lessor upon the termination of this lease the entire leased premises in a good state of repair and condition, ordinary wear and tear, and damage by the elements or by fire excepted. Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all repair and maintenance whatsoever to the premises. Lessee shall keep the premises at all times in a clean and orderly condition and appearance and all of Lessee's fixtures, equipment and personal property which are located on any part of the premises which are open or visible to the general public shall likewise be so kept and maintained. Lessee shall be responsible for the maintenance and repair of all fuel tanks and utilities service lines that Lessee is using (except common utilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers. Lessee shall, at all times during the term of this lease, take appropriate anti- erosion measures to prevent or restore erosion caused by Lessee, its agents, employees, or sublessees. In the event the Lessee fails in any material respect to so maintain, clean, repair, replace, rebuild the premises within a period of sixty (60) days after notice from Lessor to do so, or fails in any material respect diligently to pursue to completion such repair, replacement, or rebuilding, then Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace, or rebuild all or any part of the premises included in such notice, and cost shall be payable by Lessee immediately upon demand of Lessor. 3. Paragraph 2, TERM; TERMINATION, shall be amended to read as follow: 10. TERM: TERMINATION. The term of this lease shall begin on September 1 , 2000, (hereinafter referred to as the "commencement date"), and shall terminate twenty (20) years from that date. Delivery of the possession of the premises to Lessee shall be made on the date of this Lease. The term of this lease may be extended upon the mutual consent of both parties. In the event the Lessee desires to extend the term of the lease beyond the twenty (20) year term, the Lessee shall notify the Lessor in writing six months prior to the expiration of the lease. Upon the receipt of such request, the Lessor shall determine whether it is in the best interests of S1. Lucie County to extend the term of the 2 lease. Except as otherwise provided in Paragraph 11, either party shall have the right to terminate this lease without cause upon six months prior written notice to the other party. 4. Paragraph 11, RENT. SECURITY DEPOSIT. RENT CREDIT. AND ANNUAL ADJUSTMENT, shall be amended to read as follows: 11. RENT. SECURITY DEPOSIT. RENT CREDIT. AND ANNUAL ADJUSTMENT. Beginning September 1, 2000, Lessee shall pay as rent for the leased premises the sum of five hundred thirteen and 00/100 dollars ($513.00) per month, plus all applicable sales, use, and like taxes. Subject to the rent credit provision set forth below, the monthly rental payments shall be due on the first day of the month. On the commencement date, Lessee shall pay a security deposit in the amount of five hundred thirteen and 00/100 ($513.00) dollars. Such deposit shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shall be by check made payable to "St. Lucie County" and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all applicable sales tax imposed by federal, state and local governments. Beginning upon the commencement of the second year of the Lease and continuing each year thereafter as herein provided through August 31, 2006, the Annual Rent shall be adjusted in accordance with the provisions herein below. The Annual Rent for the period September 1, 2006 through and including August 31, 2010 shall be as specified below. Beginning September 1, 2011 and continuing each year thereafter, the Annual Rent shall be adjusted in accordance with the provisions herein below. Said adjustments shall be computed one (1) month prior to the end of the preceding Term, or Renewal Term, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The adjusted Annual Rent for the applicable Term or Renewal Term shall be determined by multiplying the Annual Rent then in effect for the Term of this Lease by a fraction, the numerator or which is the Consumer Price Index (All Items and Major Group Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as of three (3) months prior to the expiration of the Term, or the Renewal Term, as the case may be, and the date of commencement of this Lease. Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following the aforementioned calculation date. It is further understood and agreed that if the rental adjustment is not immediately detenninable at the time an adjustment is required, the previous rental then being paid shall continue until an adjustment can be made, and the adjustment shall be retroactive to the adjustment 3 date, and the sum constituting the adjustment for the months of the period which have passed prior to the determination of the amount of the adjustment shall be due and payable within thirty (30) days after such determination. If the Lease Term commences on a date other than the first day of a month, Lessee is obligated to advance its first payment of gross monthly rent on a pro- rata basis, computed based upon the number of days remaining the month of commencement divided by the total number of days in the month of the Lease's commencement. Beginning March 1, 2007, Lessee shall pay as rent for the leased premises the sum of seven hundred thirty and 00/100 dollars ($713.00) per month, plus all applicable sales, use, and like taxes. Beginning March 1, 2008, Lessee shall pay as rent for the leased premises the sum of eight hundred forty-seven and 25/100 dollars ($847.25) per month, plus all applicable sales, use, and like taxes. Beginning March 1, 2009, Lessee shall pay as rent for the leased premises the sum of nine hundred eighty-one and 50/100 dollars ($981.50) per month, plus all applicable sales, use, and like taxes. Beginning March 1, 2010, Lessee shall pay as rent for the leased premises the sum of one thousand one hundred fifteen and 75/100 dollars ($1,115.75) per month, plus all applicable sales, use, and like taxes. Beginning March 1, 2011, Lessee shall pay as rent for the leased premises the sum of one thousand two hundred fifty and 001100 dollars ($1,250.00) per month, plus all applicable sales, use, and like taxes. In the event the Lessee desires to extend the term of the lease as provided above in Paragraph 10 and the Lessor determines it is in the best interests of 51. Lucie County to do so, the Annual Rent, as adjusted pursuant to subparagraph 15.03, for the first year of the extended term shall be subject to fair and non- discriminatory review and adjustment prior to the Lessor's consideration of the request. The Lessor shall obtain an appraisal of the property to determine the fair market rental value of the property for vegetable production and, if different, the highest and best use of the property as determined by the appraiser. The appraisal shall be based upon two appraisals and one review appraisal of the fair market rental value of the real property for vegetable production and, if different, the highest and best use for the property as determined by the appraiser. The appraisals and review appraisal shall be conducted by appraisers who are designated members of a professionally recognized real estate appraisers' organization. The Lessor and the Lessee shall each be responsible for the 4 selection and compensation of one of the appraisers. The parties shall jointly select the review appraiser and shall each pay one-half of the review appraiser's compensation. Based upon the results of the appraisals and review appraisal, the Lessor shall determine whether to proceed with a new rental rate based upon use of the property for vegetable production or based upon the highest and best use for the property. The Lessor shall notify the Lessee of the new rental rate sixty (60) days prior to the commencement of the new lease term. In the event the Lessee is unwilling to accept the new rental rate, it shall provide written notice of termination to the Lessor a minimum of thirty (30) days prior to the commencement of the new lease term. The new rental rate shall be phased in on a pro-rata basis over five years. The rental rate shall continue to be subject to yearly adjustment in accordance with the Annual Rent adjustment procedures herein above set forth. 5. Paragraph 17, OWNERSHIP AT TERMINATION, shall be amended to read as follows: 17. OWNERSHIP AT TERMINATION. Except as otherwise herein provided, all buildings, structures and fixtures of every kind now existing or hereafter erected, installed or placed on the leased premises are the property of Lessor and shall be left in good condition and repair, ordinary wear and tear by the elements excepted. A fixture is defined as an article which was a chattel, but which, by being physically annexed or affixed to the premises by Lessee and incapable of being removed without structural or functional damage to the premises, becomes a part and parcel of it. For the purposes of this Lease, agricultural operational equipment and fuel tanks shall not be considered fixtures and shall be removed by the Lessee upon termination of the lease. Nonfixture personalty owned by Lessee at the expiration of the term or earlier termination of this lease, for any reason, shall continue to be owned by Lessee, and at the time of such expiration or earlier termination, Lessee at its option may remove all such personalty, provided Lessee is not then in default of any covenant or condition of this lease; otherwise, all such property shall remain on the leased premises until the damages suffered by Lessor from any such default have been ascertained and compensated by the Lessee. Any damage to the premises caused by the removal by Lessee of any such personalty shall be repaired by Lessee forthwith at its expense. 6. Paragraph 18, INSURANCE, shall be amended to read as follows: 5 18. INSURANCE. The parties agree to the following prOVlSlons pertaining to msurance: a. Fire and Extended Coverage Lessee shall, at all times during the term of this lease and at Lessee 1 s sole expense keep the leased premises insured against loss or damage by fire and hazards customarily insured by extended coverage in an amount greater than or equal to the fair market value of the leased premises. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate Lessor as an additional named insured. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease, specifically providing that the insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to Lessor. b. Worker's Compensation Lessee shall carry, maintain and pay for all necessary workman 1 s compensation insurance in its own name, as required by law. c. Liability Insurance The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage limits of not less than $1,000,000 for bodily injury and property damage as a result of any single occurrence concerning Lessee's operation of the leased premises. The described policies of insurance and all renewals of those policies shall be delivered to and held by the Lessor. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability specifically insuring this Hold Harmless paragraph. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease. d. Damage or Destruction to leased premises 6 Except as otherwise provided in this lease, if the premises or any part of them (including any leasehold improvements), shall be damaged or destroyed, Lessee shall, to the extent of the insurance deductible and insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Lessee. It shall be the Lessee's responsibility to repair or reconstruct the leased premises as appropriate. The Lessee shall be responsible for the payment of any deductible required under its insurance coverage. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased premises. If such a substantial portion of the leased premises is destroyed so that Lessee determines that Lessee cannot reasonably continue to utilize the leased premises until the same are repaired or replaced, then Lessee may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the holder of any leasehold mortgage which encumbers the leased premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any shall be paid to Lessor. 7. Paragraph 35, ENVIRONMENTAL COMPLIANCE; ENVIRONMENTAL CONTAINMENT AND REMOV AL, shall be added to read as follows: a. Lessee acknowledges and agrees that the County makes no representations or warranties whatsoever as to whether any pollutant, or hydrocarbon contamination, hazardous materials, or other contaminates or regulated materials (collectively, "Materials") exist on or in the Premises or the improvements in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of any federal, state or local court or entity with jurisdiction of such matter. It shall be the responsibility of the Lessee to make sufficient inspection of the Premises and the improvements to satisfy itself as to the presence or absence of any such Materials. Lessee shall provide the Airport Director, if requested at any time, with a list of all hazardous, bio-hazardous, or other Materials 7 stored, used, generated or disposed of on the Premises. Lessee agrees to comply with all existing and future federal, state, local and County environmental laws, ordinances and regulations, and the requirements of any Development Order covering the Airport, issued to the County pursuant to Chapter 380, Florida Statutes, including without limitation those addressing the following: 1. Proper use, storage, treatment and disposal of Materials, including contracting with a licensed hazardous waste transporter and/or treatment and disposal facility to assure proper transport and disposal of hazardous waste and other regulated Materials; 2. Proper use, disposal and treatment of storm water runoff, including the construction and installation of adequate pre- treatment devices or mechanisms on the Premises, if applicable; 3. Adequate inspection, licensing, insurance, and registration of existing and future storage tanks, storage systems, and ancillary facilities to meet all County, local, state and federal standards, including the installation and operation of adequate monitoring devices and leak detection systems; and 4. Adequate facilities on the Premises for management and, as necessary, pretreatment of industrial waste, industrial wastewater, and regulated Materials and the proper disposal thereof. The release of any Materials on the Premises, or as a result of Lessee's operations at the Airport, that is in an amount that is in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of any federal, state, or local court or governmental authority, by Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or its sublessees, whether committed prior to or subsequent to the date of execution of this Agreement, shall be, at the Lessee's expense, and upon demand of County or any of its agencies or any local, state, or federal regulatory agency, immediately contained or removed to meet the requirements of applicable environmental laws, rules and regulations. If Lessee does not take action immediately to have such Materials contained, removed and abated, the County or any of its agencies may upon reasonable notice to Lessee (which notice shall be written unless an emergency condition exists) undertake 8 the removal of the Materials; however, any such action by the County or any of its agencies shall not relieve the Lessee of its obligations under this or any other provision of this Agreement or as imposed by law. No action taken by either the Lessee or the County to contain or remove Materials, or to abate a release, whether such action is taken voluntarily or not, shall be construed as an admission of liability as to the source of or the person who caused the pollution or its release. As use in this Agreement, Lessee's operations and Lessee's actions and words of similar import, shall include all actions and inaction by Lessee, by its sublessees, or by any of their officers, employees, contractors, subcontractors, invitees, or agents. As required by law, Lessee shall provide the federal, state, County and local regulatory agencies with notice of spills, releases, leaks or discharges (collectively, Release of Materials on the Premises or on the Airport property which exceeds an amount required to be reported to any local, County, state, or federal regulatory agency under applicable environmental laws, rules and regulations, which notice shall be in accordance with applicable environmental laws, rules and regulations. Lessee shall further provide the Airport Department with written notice within one (1) business day following commencement of same, of the curative measures, remediation efforts and/or monitoring activities to be effected on the Premises. Lessee shall have an updated contingency plan in effect relating to such releases which provide minimum standards and procedures for storage of regulated Materials and other Materials, prevention and containment of spills and releases, and transfer and disposal of regulated Materials and other Materials. The contingency plan shall describe design features, response actions, and procedures to be followed in case of releases or other accidents involving hazardous Materials, bio-hazardous Materials or petroleum products or other Materials. The Lessee agrees to permit entry at all reasonable times, of inspectors of the County and of other regulatory authorities with jurisdiction. The Airport Department, upon reasonable written notice to Lessee, shall have the right to inspect all documents relating to the environmental condition of the Premises, including without limitation, the release of any Materials at the Premises, or any curative, remediation, or monitoring efforts, and any documents required to be maintained under applicable environmental laws, rules and regulations pertaining to the Airport including, but not limited to, manifests evidencing proper transportation and disposal 9 of Materials, environmental site assessments, and sampling and test results. Lessee agrees to allow inspection of the Premises by appropriate federal, state, County, and local agency personnel in accordance with applicable environmental laws, rules and regulations and as required by any development order issued to the County pertaining to the Airport, pursuant to Chapter 380, Florida Statutes. If the County arranges for the removal of any Materials on the Premises that were caused by the Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or its sub lessees, all costs of such removal incurred by the County shall be paid by Lessee to the County within ten (10) calendar days of County's written demand, with interest at the rate of eighteen percent (18%) per annum thereafter accrumg. Lessee shall not be liable for the release of any materials caused by anyone other than Lessee, or any of its sub lessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or any of its sublessees. Nothing herein shall relieve Lessee of its general duty to cooperate with the County in ascertaining the source and, containing, removing and abating any Materials. The Airport Department shall cooperate with the Lessee with respect to Lessee's obligatio~s pursuant to these provisions, including making public records available to Lessee in accordance with Florida law; provided, however, nothing herein shall be deemed to relieve Lessee of its obligations hereunder or to create any affirmative duty of County to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with County codes, ordinances, rules and regulations, federal laws and regulations, state an local laws and regulations, development orders and grant agreements. The Airport Department and its employees, contractors, and agents, upon reasonable written notice to Lessee, and the federal, state, local and other County agencies, and their employees, contractors, and agents, at times in accordance with applicable laws, rules and regulations, shall have the right to enter the Premises for the purposes of the foregoing activities and conducting such environmental assessments (testing or sampling), inspections and audits as it deems appropriate. The Lessee hereby agrees that upon any assignment of this Lease, and at anytime during the last year of the term of this Lease, and at 10 anytime during the year following any termination of this Lease, the County shall have the right to require Lessee to conduct an Assessment and Facility Exit Inspection of the Premises, at the Lessee's expense. If documentation warrants, the County shall have the right to require the Lessee to conduct a further assessment of the Premises at the Lessee's expense which may include, but shall not be limited to, soil and water samples. If any assessment or inspection indicates that further actions should be conducted, then the County shall have the right to have such further actions conducted at the Lessee's expense. Nothing herein shall be construed to limit County's right of entry onto the Premises pursuant to other provisions of this Section or of this Agreement, or pursuant to its regulatory powers. Lessee shall reimburse to the County the cost of such assessments and inspections as are chargeable to the Lessee pursuant hereto, within ten (10) calendar days following written demand therefore, with interest at the rate of eighteen percent (18%) per annum thereafter accruing. In the event County shall arrange for the removal of Materials on the Premises that are not the responsibility of the Lessee to correct, and if any such clean-up activities by County shall prevent Lessee from using the Premises for the purposes intended, the rent shall be abated in accordance with Section 29, hereof, from the date that the use of the Premises for its intended purposes is precluded and until the Premises again become available for the Lessee's use. County shall use reasonable efforts to not disrupt Lessee's business, however, in no event shall Lessee be entitled to any amount on account <:>f lost profits, lost rentals, or other damages as a result of County's clean-up activities. The provisions of this Section shall survive the expiration or other termination of this Agreement. 8. Except as amended herein, the remaining terms and conditions of the Lease shall remain in full force and effect. [The next page is the signature page.] 11 IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY IN WITNESS WHEREOF, Lessee has executed this First Amendment on this day of ,2007. WITNESSES JAMES GIBBONS BY: JAMES GIBBONS WITNESSES BRENDA GIBBONS BY: BRENDA GIBBONS g: \atty\agreemnt\lease \ 1 a -gibbons. 07. wpd 12 ...... / FEB-26-2007 03:44P FRoM:HoUSING DEPT ST LUCI 7724622855 ~~/~b/~~~' !';~4 Ob¡4b~lqq~ ~uu TO: BOARD OF COUNTY COMMISSIONER SUBMITTED BY{DEPT): County Attorney TO: 94621440 M NO. C..1.G Date: February 2'7, 2807 Regular [ ] Public Hearing ( ] Couent pc ] SENTED BY: !her Yaung . stant County Attorney P.l I""~J.:II:. 10.11 OJ. §J)BJECT: Hurricane Housing Recovery (HHR) an - Dec1atation f ovenants for Attainable ~\1\ng Units in Cortez Village ¡µC~OROUND: See C.A. 07-0302 fUNDS A V AIL.(State type & :No. OfuansactiOD N/A): N/A Jl]3COMMENDATION: Smf!' recommends tha the Board of (: u ty Commissioners approve the proposed Declaration of Covenants for Cortez Villaae Ct»fMISSION ~cnON: kI APPROVED [] DENIED ( ] OTHER: Approved 5-0 COlDlty AttonIC)'; Mat. . It Other : o OdldnØl~ ~.: cÞ,,",-. ~ ..sc.;s Fltwtce (CMck for . !! 1'uri:hMIn~ Other : INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-0302 DATE: February 20,2007 SUBJECT: Hurricane Housing Recovery (HHR) Plan - Declaration of Covenants for Attainable Dwelling Units in Cortez Village BACKGROUND: On December 19,2006, the County entered into an agreement with Cortez Townhomes, L.L.C. and Gregg Wexler to provide funding for the Cortez Road Multi-Family Project, n/k/a Cortez Village, under the County's approved Hurricane Housing Recovery (HHR) Plan. The HHR agreement requires fifteen (15) units in the development to be restricted for sale to very low income, low income and moderate income buyers. Attached to this memorandum is a copy of the proposed Declaration of Covenants which will restrict the fifteen (15) specified units to such buyers for a period of thirty (30) years. The Declaration provides for the developer and subsequent owners during this control period to notify the County when a contract for sale is executed in order for the County to verify the buyer meets the income requirements. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Declaration of Covenants for Cortez Village. Respectfully submitted, 1k.N.... ~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Community Services Director Project Name: Cortez Village DECLARATION OF COVENANTS THIS DECLARATION OF COVENANT made and executed this day of , 2007, by CORTEZ TOWNHOMES, L.L.C., a Florida Limited Liability Corporation, owner, hereinafter referred to as "Declarant." NOW, THEREFORE, Declarant hereby declares that all of the property described hereinafter shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions: ARTICLE I Declarant is the owner of all of the property set forth and described in the list attached hereto and made a part hereof as Exhibit A. The properties are the subject of this Declaration of Covenants and are hereinafter referred to as the Dwelling Units. ARTICLE II For a period of thirty (30) years beginning on the date of recordation ofthe deed from the Declarant to the initial purchaser of a Dwelling Unit,(the "Control Period"), the Dwelling Unit and the improvements thereon and those that may subsequently be made to the Dwelling Units shall be sold only to individuals meeting the income guidelines for Very Low Income, Low Income or Moderate Income persons as detennined by the Florida Housing Finance Corporation guidelines for St. Lucie County, Florida. If a Dwelling Unit is sold during the Control Period, the provisions contained in these covenants will be effective for the remainder of the Control Period; During the Control Period, the Declarant, its successors and assigns shall notify the St. Lucie County Community Service Department of a Contract for Sale of a Dwelling Unit within ten (10) days of the date of the Contract in order for the County to verify the prospective buyer meets the above specified income requirements. ARTICLE III Purchasers of a Dwelling Unit must occupy the Dwelling Unit as their primary residence during the Control Period. Purchasers of a Dwelling Unit are not permitted to lease or rent their Dwelling Unit to other parties during the Control Period. This restriction may be waived by St. Lucie County to allow a temporary rental of a Dwelling Unit for good and sufficient cause. If the restriction is waived, the Dwelling Unit must be rented in accordance with regulations established by the County Administrator, or his designee, and Purchasers must receive prior written pennission from the County for such temporary rental of a Dwelling Unit. 1 ARTICLE IV The Declarant, its heirs, assigns, and successors, hereby irrevocably assigns, transfers, and conveys unto St. Lucie County, Florida, all of its right, title, interest, or obligation to enforce and maintain in full force and effect, the terms, conditions, and requirements of this Declaration of Covenants. ARTICLE V The Declarant or S1. Lucie County, Florida, may enforce these Covenants by a proceeding at law or in equity against any person or persons violating or attempting to violate intentionally or otherwise, any covenant or restriction herein contained, either to restrain any violation hereof or to recover damages or monies, or to proceed against the land or the Dwelling Units to enforce any lien or obligation created by or resulting from these Covenants. ARTICLE VI These Covenants are binding upon the Dwelling Units, upon the Declarant and the Dwelling Unit Purchasers, upon the Declarant's and the Dwelling Unit Purchasers' heirs, successors, and assigns, and upon all transferees of the title to the Dwelling Units during the Control Period and until the fulfillment of all other provisions contained herein. ARTICLE VII The original deed of conveyance from the Declarant, its heirs, assigns or successors, and all subsequent transfers, assignments, and deeds of conveyance out by subsequent Purchasers of the Dwelling Unit, must, during the term of these Covenants, be a two-party deed that contains conspicuous language specifically reciting that the Dwelling Unit is subject to these Covenants, and referencing the date of recordation of these Covenants in the public records of St. Lucie County including the Official Records Book and Page numbers. Notice must also be included in any contract for sale for a Dwelling Unit that fully and completely discloses the controls established herein. All subsequent Purchasers (Sellers) of a Dwelling Unit during the Control Period must likewise provide such notice in contracts of sale. ARTICLE VIII If the Dwelling Unit is sold at a foreclosure sale, the restrictions contained in the Covenants will be terminated upon recording of the resulting deed. ARTICLE IX If any default occurs and is continuing, the County may apply to any state of federal court having jurisdiction of specific performance of the Declaration of Covenants, for an injunction against any violation of this Declaration of Covenants, or for such other relief at law or equity as may be appropriate and consistent with applicable requirements of the Declaration of Covenants. 2 No remedy conferred upon or reserved to the County by this Declaration of Covenants is intended to be exclusive or any other available remedy or remedies, but each and every such remedy is cumulative and is in addition to every other remedy given under this Declaration of Covenants, existing at law or in equity. No delay or omission to exercise any right or power accruing upon any failure to perform under this Article will impair any such right or power or will be construed to be a waiver thereof. If, upon or after the occurrence of any default hereunder, the County incurs expenses for the enforcement or performance of observance or any obligation or agreement on the part of others contained herein, the County must be reimbursed upon demand by the party or parties for reasonable expenses paid to third parties. ARTICLE X In the event any provision of this Declaration of Covenants shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision thereof. IN WITNESS WHEREOF, the Declarant and the County have caused this Declaration of Covenants to be executed in its name and its official seal to be affixed hereto by their proper officials the day and year first above written. SECRETARY PRESIDENT ATTEST: By ) ) STATE OF . COUNTY OF The foregoing instrument was acknowledged before me this _day of 200_, by GREGG R. WEXLER, Managing Member of Cortez Townhomes, L.L.c. Said person (Check one) _ is personally known to me, _ produced a driver's license (issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit Notary Public, State of Typed or Printed Name of Notary Commission No.: My Commission expires: 3 No remedy conferred upon or reserved to the County by this Declaration of Covenants is intended to be exclusive or any other available remedy or remedies, but each and every such remedy is cumulative and is in addition to every other remedy given under this Declaration of Covenants, existing at law or in equity. No delay or omission to exercise any right or power accruing upon any failure to perform under this Article will impair any such right or power or will be construed to be a waiver thereof. If, upon or after the occurrence of any default hereunder, the County incurs expenses for the enforcement or performance of observance or any obligation or agreement on the part of others contained herein, the County must be reimbursed upon demand by the party or parties for reasonable expenses paid to third parties. ARTICLE X In the event any provision of this Declaration of Covenants shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision thereof. IN WITNESS WHEREOF, the Declarant and the County have caused this Declaration of Covenants to be executed in its name and its official seal to be affixed hereto by their proper officials the day and year first above written. ~~ CMJ1A<-<-.-' 0 ) -tr Æ+-zÆ ~ 0 By WITNESSES: STATE OF ~#(G'UdCL COUNTY OF if. èl...u.UL The foregoing instrument was acknowledged before me this :if) day of .#-~{ (J../lJ{ , 2001-, by GREGG R. WEXLER, Managing Member of Cortez Townhomes, L.L.C. 8aid person (Check one) /is personally known to me, _ produced a driver's license (issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit ~ ~I-( {L~l.(Jf Notar~ Public, State of . . ~ P Y IHe..O L. 14. 731 S (-f[) Typed or Printed Name of Notary Commission No.: My Commission expires: ~t-""Y P(¡~(... Carol A. Bishop ~ ~ c; Commission # 00323641' ~~ \)01 Expires May 26. 2008 OF ~ 8onOedTßlY Fail' '¡'\$¡t.\rançit.')C :!OO·.~,)5·"_11W 3 ATTEST: DEPUTY CLERK STATE OF COUNTY OF BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ) ) The foregoing instrument was acknowledged before me this _day of , 200_, by Chris Craft, Chairman. Said person (Check one) _ is personally known to me, produced a driver's license (issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit Notary Public, State of Typed or Printed Name of Notary Commission No.: My Commission expires: 4 EXHIBIT A The Dwelling Units are identified as follows based upon the Site Plan dated October 2005 prepared by MBV Engineering, Inc: UNIT NUMBERS Unit C, Building 1 Unit D, Building 2 Unit E, Building 3 Unit C, Building 4 Unit D, Building 5 Unit E, Building 6 Unit C, Building 7 Unit D, Building 8 Unit E, Building 9 Unit C, Building 10 Unit C, Building 11 Unit D, Building 11 Unit E, Building 11 Unit C, Building 12 Unit E, Building 12 5 7 AGENDA REQUEST ITEM NO. C2H DATE: February 27,2007 REGU LAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: See CA No. 07-0303 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. COMMISSION ACTION: CONCURRENCE: [)(J APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [X] County Attorney: a, ~' / ...- t/ Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy oniy, if applicable) Effective 5/96 .- ....,. ! I INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 07-0303 DATE: February 27, 2007 SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of several property owners to repair their embankments causing severe erosion to the embankment and undermining Indian River Drive in several locations. Resolution No. 00-277 authorizes the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. On November 21, 2006, the Board approved a Declaration of Emergency on Indian River Drive. Since November 21, 2006, the Board has approved extensions of the State of Emergency. It is necessary to extend that state of emergency again. Attached is an extension of the Declaration of Local Emergency for Indian River Drive. RECOMMENDATION/CONCLUSION: Staff recommends the that Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. ,~R3ç¡~1Aßt( ~ Heather Sperrazza Lueke Assistant County Attorney HLI - .. AN ORDER OF THE PUBLIC SAFETY DIRECTOR OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY ( Indian River Drive) WHEREAS, the St. Lucie County Public Safety Director has made the following determinations: 1. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The Public Safety Director declared a state of emergency on November 21, 2006, at 9:00 am on Indian River Drive. 3. Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of the several property owners to repair their embankments, causing severe erosion to the embankment and undermining Indian River Drive in several locations. 4. The presence of this severe erosion and undermining of Indian River Drive has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Such declaration is extended for seven (7) days until March 6, 2007 at 9:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 7. This Extension of the Declaration of Emergency shall become effective February 27,2007 at 9:00 a.m. Jack T. Southard Public Safety Director .~.." )" AGENDA REQUEST ITEM NO. C2i DATE: February 27,2007 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Paradise Park Stormwater Improvement Blance Forrester Tax ID 1433-701-0530-000/9 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Paradise Park SLC Storm water Imp. - Storm water Management Account No.1 02803-3725-561 007-42511 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Blance Forrester for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: CONCURRENCE: be] APPROVED [ ] OTHER [ ] DENIED Approved 5-0 ç;, [x] County Attorney: ¡Xf· Review and Approvals [x] Engineering:: Mvp 1fVP-þ tJ eN [x] Public Works: I" ,.i. ...J [x] Originating Dept: J r.'J- PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 27, 2007 SUBJECT: Contract for Sale and Purchase Paradise Park Stormwater Improvement Blance Forrester Tax ID 1433-701-0530-000/9 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Paradise Park neighborhood. Ms. Forrester's property is one of the properties needed for part of a dry retention pond. A contract was sent to Ms. Forrester in the amount of $25,000.00 which is 100% of the appraised value of the property according to East Coast Appraisers & Consultants the County's independent appraiser. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Blance Forrester for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, 1!) '''J,~ ,r-t)A\VR- ~'f ~nn Riley Property Acquisition Manager _............._..._.._...~...._..........~._.......~... m............... ......,'.........., '_·····¡·_···....:··..·'i;:·:::~:·~»,>, .,",.,""...,..,... ,....... ................[.........../..................... .~:'<:>',:....., "'. ¡------.... :lM~TIAi~s-l~vl·E.: I" .. ':·~l~:'~~·>"., """.I..,.",.,...,,! t I .. : I ," "', ...... -.....'....., 1T! -"1111 IIJI1]JTo~~~"~>_'",,, .'..... '...... .. I I r-!llinTITTl--1~,-rITIII 1!ITrrl-rTI~ljl-\ \T jJTíf#=~ Lrrn\l.:::::L::::::t::··:··I:··::·:"r .........[. :¡::j~[ifl'll,t~~rEïJ ~"=I=:l\ ~ ! I ..J..!....i~LL_lL_L..........l...J I...J..L...LJ__.... 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"- 1 i , ...... i '....... : ....., I '......¡ ··...····......mm......·..·····..······__··..·..·..·_ PROJECT NAME: Paradise Park Stormwater Improvement Project PARCEL: Blance Forrester Parcell.D. 1433-701-0530-000/9 Lot 13, Block 31, Paradise Park CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this ---2- day of rJfu~-7 ' 2007, between BLANCE FORRESTER. whose m ailing a ddressJ. 1 002 W . Jasmine Lane. North Lauderdale. FI 33068 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as m ay hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Twenty-Five Thousand and 00/100 Dollars, ($25.000.00) determined to be the total of the following: Real Property (Land) and Buildings Other Improvements upon the Land (described, if any) Other (describe) $25.000.00 $ N/A $ N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. This contract is contingent on the County purchasing the abutting property to the north of the subject property. 1 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title toP URCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No-Lien Affidavit as to realty. 2 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before Februarv 23. 2007 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 3 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunderwithoutfault of SELLER, all monies paid hereundermay be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period 0 f n 0 longer that five ( 5) business days t 0 allow t he deed tot he PURCHASER to be recorded and the abstract oftitle continued, at the expense ofthe PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a 4 release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER i s 0 ffering to sell the property described above tot he PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neitherthe whole nor any part ofthe subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be 5 limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER thl's '1 r L/ day of r-e4~ 1/1?I'4f ' 2007. ,áf;L6£&=-m~/~ yLóf Witness as to BLANCE FORRÉSTER 1/i7"~ L,,!-ÚE Witness as to LANCE ORRESTER ~d_LÆ/ ~. BLANCE FORRESTER 6 STATE OF GEtJ K6llCr COUNTY OF 12LLR..DR-LG ) ) The foregoing instrument was acknowledged before me this c{ir¡ day of khrHCL~;;;t 2007, by Blance Forrester, who is personally known to me or who has produced a. vers license issued within the last five years as identification. My Commission Expires 1~~ ,.-. " ~ ~ ~, or'" .~. ; -, ¡ .""..., ,~ ,') (:. ¡. . ~'A-'-" '. , ; .,.; ; ;; '/ i..:,_, f ~. ~ . ~~.ß> ';fý~ h ~/fu..G N t ry Publi J!=;",.: J:;'-- '" - . .."" . ¡::i '." ri("¡If'!.. r. ",., II!,,!" rv P b'· f' _." - v ,..'1.... ....01 :'.1 j. U :10, il)C!·:dç;iq (;~'\'1~:',1 r~l'\,.,t·J't· n" .',_ ~.'.. ;.. _. ., .f'" , .;f...h....\,I (Printed, Typed otStämrJ'è1. "or 27, 2010 Name of Notary Public) EXECUTED by PURCHASER this day of , 2007 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "An Lot 13, Block 31, PARADISE PARK, according to the Plat thereof, as recorded in Plat Book 8, at Page 17, of the Public Records of St. Lucie County, Florida. 8 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES AP .v -_.~ ./,,£;yLç--t.u/"~- ~L-·W~ 9 EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS '- /d ¡} .;' . Y't-t..L&~· ,.~~t..(......- v.Þ- #<#' 10 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 11 EXHIBIT "E" POLICIES OF INSURANCE 12 '~> AGENDA REQUEST ITEM NO. C2j DATE: February 27.2007 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Paradise Park Stormwater Improvement Mr. & Mrs. Frank Robinson Tax ID 1433-801-0144-000/3 BACKGROUND: Please see attached Memorandum FUNDS A V AILABLE: Funds will be made available in: Paradise Park SLC Storm water Imp. - Storm water Management Account No. 102803-3725-561007-42511 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Mr. & Mrs. Robinson for the purchase price of $30,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: CONCURRENCE: k] APPROVED [ ] OTHER [ ] DENIED Approved 5-0 [x] County Attorney: I:}::/./ I ,..... ".... " / ../ . [x] Originating Dept: JI'1¡\/L Review and Approvals [x] Engineering:: fAIt [x] Public Works: hfJ~ ÞØtJ PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: J oAnn Ri ley, Property Acquisition Manager DATE: February 27, 2007 SUBJECT: Contract for Sale and Purchase Paradise Park Storm water Improvement Mr. & Mrs. Frank Robinson Tax ID 1433-801-0144-000/3 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Paradise Park neighborhood. Mr. & Mrs. Robinson's property is one of the properties needed for part of a dry retention pond. A contract was sent to Mr. & Mrs. Robinson in the amount of $30,000.00 which is 100'}'o of the appraised value of the property according to East Coast Appraisers & Consultants the County's independent appraiser. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Mr. & Mrs. Robinson for the purchase price of $30,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public 'Records of St. Lucie County. Respectfully submitted, s: Ann Riley Property Acquisition Manager "', ""~..... \ \ \ \, \ \~'\ \\ \ a:: \ \ \.,. \, U FUR TER \, \ \ Go \ :æ \ \ \\11 \ c:t \'._m"., \ ~ ~~ \ W ~--'o~. \ a:: .... . , . ·····PECANPL' \,~ \, , I;; Z /'o \, """'" :-1 ~ ~ LILAC TER .,.. ,/ '\" \,' """"'",,,-,,, I' "I' iñ ~ACORN WAY\,\" \\ "'~', \ \ "~».'..'" . I \ \ '>,:~.>", ", ""'" ',,,--,,,,, ""'_._\"'___'m_ m'."__ ""f\ .,. \ [''''·'''' ¡-·'·''·''''r-'<:T:~:>'''' '. \ l-\ ~ \ "'".,t" '-'\, \ ~ \;:-- ", \ \. '$o~ \ "" " i \ \ ,.................., ......--.\ \\ \ \ \ \ \ \ \, \ \ \ \ ~il ['r:~rl'1tlIn l!~ "ì''', , "',"" \ ~çf1In11[LILTJIID [I1~L L m.ICJl~\VE'~}'~~='C='-,=ci-\ .! [I I! I I J I·.·!. lIIII]' ¡ \.' [J i [JDJ1,,· L' ' 'I' . -. '\""\TC'"" ¡- 1;-- i ¡ I I I ~ II J I ,I \ \u=~~ , oTIIJI'n'.- ~~+r~[:":"""m"'--'J'T-'-, 1 [---'} inrrJ -"'r-"--r"j i l-m"-~J_è, "11' ~- _u_ I _J.J... .... . . _=:J~.:.=L,~=--LJ1ÃŒN-t.A:¡,vÉ=~=~~"..L~.\ \.L~ I [ un. ~ l-i'IiIIJ]] ITIJIIIJ': l:f¡Ji-·-·-J \ ,j:'I$, \ ~ [I .L ~~' I ---.J 'L.~ . _ I ! I Z i . \ J : [l[' \ ID· '1 . ¡ I T- ! --. .-.. --! ' '}---- ----I r'-' r ! -} .,.-- 1'--1 r-J' : [-'\'--"-~ l, ['.~ . .:' --, - ~ ; J L __.___ \ ____. . ..__. _ L __ _____P____.J .....I.l . ,____....1 ". _, \_ _.__,. ~.J,._ 'fU'~ ~tFn ('¡-ríEl"uli...n·· I _ II I [,J]'.il"==r¡"''''''' \ \ ,- . i I I 1:1: ' ,ii, I ¡ J ii, ., __-.LJ \ \ i [JP¡ i ! -- - :!~--'i-!'[-' --:'lTDI;;I~~'!;--"""-r--rT'1'r==-!""'-r"--I" -\ \\ _._p _. ... __ __ _ L -..J I. L _ . __ ____.I ._"..I,,,,,J,,, ,._ .___ _._ L --- -- - L. -. ,l__ j ._.L . ----- --. -\ ' Jjjj.:B:lJjIt~"íEL1~~~Jli\~~Y/ \ ··..··OTTAWAWAY D:: Q LLI æ LLI LLI [ , , \ . j HU~ON WA~ f,n. SERlE DR "" j ) Ij , ",," '- " '- 'lIJ~ : ¡ ~ . .) 1; ,,~ ... /- .. -...... -.....-.. ~-_.. -, "...""! , I ',AVENUE S . ..../ I I ,-- . 1 -- ---¡-----.. \ I ...1 'I I ...L....J I ¡-- I I II) I'-¡ U: ! ----: I;;f .--- 1 -- ./ '----.~ i5-----,~- l' ;- .\ 1'H I ,.... IØ·--·-, IØ "'------j ~, ..... t --- - ... :., .:z z' z' , -! i' .........-.-...............---.....-............... ...,¡"~,,,---,,. , ....... ""'''.--"." \. ""'" Il~ '\\ IJ'" \ 11"1 ~ ¡~j ~ iz \ I: I ."'. "'·"""·''''·'T''··----''''·'''--·----··...-''...----·'..'''''--·'.....··......'''' .." ¡ ~........_..m_._..... 11-'''''··''1. ( ¡ ! ! i ! i i ! i -¡...................__) l...... r j _J[ .................-.............-.................-...--...... PROJECT NAME: Paradise Park Stormwater Improvement Project PARCEL: Frank B. Robinson and Conchita Robinson, his wife Parcell.D. 1433-801-0144-000/3 Lot 11 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this ~ day of ~t:.\o ' , 2007, between FRANK B. ROBINSON and CONCHITA ROBINSON. his wife. whose mailing address 1407 Valencia Avenue. Ft. Pierce. FL 34946. hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Thirty Thousand and 00/100 Dollars, ($30.000.00) determined to be the total of the following: RealProperty -Lot11- Other Improvements upon the Land (described, if any) Other (describe) $30.000.00 $ N/A $ N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, 1 if any, for obtaining a release, partial release or subordi nation agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliverto PURCHASER a Mechanic's No-Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be 2 prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before March 9. 2007 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall ~otify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand 3 but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunderwithout fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract oftitle continued, at the expense ofthe PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions ofthis agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined PLJr~uªl1tJotbe_ LªV\fs of the_State of FIQrida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this",1 Ö day of ~ ~ , 2007. I.... it ess as to FRANK B. ROBINSON '. 'ìr\¡ . ~ - h-"'<- I V\tL.~ . tness as to FRANK B. . OBINSON ~A.. -LCÞ, 7t /. j FRANK B. ROBINSON 6 (M$ ~;~ CONCHITA ROBINSON '1v~ )~ *=J,¿~ itness as to CONCHIT ROBINSON STATE OF COUNTY OF ¡: Ln'; L ,6+. ¡£..'-~ ) ) The foregoing instrument was acknowledged before me this J..ú-fh- day of re- ktvv1_, 2007, by Frank B. Robinson and Conchita Robinson. his wife ,who is personally known to me or who has produced a drivers license issued within the last five ~ years as identification. My Commission Expires ~ ì'IA~~_ ot ry Public r O~"'V ~~ JoAnn Marie Ri!e}. : ~ Commission # 0037430 1 ~ Expires December 4, 2OOE< ~ OF BandtdTloy.... ",",,-, Inc. 800'3e5-701!' (Printed, Typed or Stamped Name of Notary Public) EXECUTED by PURCHASER this day of , 2007 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" Lot 11, Block 7, PARADISE PARK ADDITION, according to the Plat thereof, as recorded in Plat Book 8, at Page 36, of the Public Records of St. Lucie County, Florida. EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES -f\ ) ~ EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS Vìlr+ EXHIBIT "0" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS ~) I Çr EXHIBIT "E" POLICIES OF INSURANCE ,- I f\ I Ll ( {\ '"'" AGENDA REQUEST ITEM NO. C-2.K Date: February 27, 2007 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: St. Lucie County International Airport - First Amendment to August 27, 2002 Lease Agreement with T.Bennett BACKGROUND: See C.A. No. 07-0207 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the August 27, 2002 Lease Agreement with T. Bennett, and authorize the Chairman to sign the amendment. COMMISSION ACTION: CONCURRENCE: Approved 5-0 -0 bd APPROVED [] DENIED [ ] OTHER: "] /Î r /' <-.r County Attorney: t " . , )' Originating Dept.: ---;{~ Coordina tion/Silmatures Mgt. & Budget: Purchasing: Other: Other: Finance (Check for Copy only, if applicable): .. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-0307 DATE: February 21,2007 SUBJECT: St. Lucie County International Airport - First Amendment to August 27, 2002 Lease Agreement with T. Bennett BACKGROUND: Attached to this memorandum is a copy of a proposed First Amendment to the lease agreement between the County and T. Bennett. On August 27, 2002, the County entered into a lease agreement with T. Bennett for 220.3 acres on the western side of the St. Lucie County International Airport for grazing. Due to the development of the new runway at the airport, it is necessary to remove a portion of the property under the lease. This will reduce the leased premises to156.9l acres as indicated in the legal description and sketch attached to the proposed First Amendment. In recognition of the reduction in the leased premises, the amendment further provides for a reduction in the rent beginning March 15, 2007. The new rent based on the current rental rate for the property will be two hundred twenty-six and 96/100 dollars ($226.96) per month, subject to annual adjustments using the Consumer Price Index. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the August 27, 2002 Lease Agreement with T. Bennett, and authorize the Chairman to sign the amendment. Respectfully submitted, ~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Finance Director Management and Budget Director , FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT, by and between the ST. LUCIE COUNTY, a political subdivision ofthe State of Florida, ("Lessor"), and T. BENNETT ("Lessee"). WITNESSESTH: WHEREAS, on August 27, 2002, the parties entered into a lease agreement which provided for the Lessee to lease certain property owned by the Lessor, hereinafter referred to as the "leased premises," at the S1. Lucie County International Airport lying within S1. Lucie County, Florida; and, WHEREAS, the Lessor has determined that a portion of the leased premises will be required for the development of a new runway at the airport; and, WHEREAS, the parties have agreed to amend the Lease to remove that certain portion of the leased premises in order for the County to proceed with the development of the new runway. NOW, THEREFORE, in consideration of the mutual promises and covenants contained, the parties agree to amend the Lease as follows: 1. Paragraph 1, PREMISES, is hereby amended to read as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain real property and improvements located more particularly described in Amended Exhibit "A," attached hereto and incorporated herein, ("premises" or "leased premises"). 2. Paragraph 11, RENT. SECURITY DEPOSIT. RENT CREDIT. AND ANNUAL ADJUSTMENT, is hereby amended to read as follows: 11. RENT. SECURITY DEPOSIT. RENT CREDIT. AND ANNUAL ADJUSTMENT. Lessee shall pay as rent for the leased premises the annual rent in the amount of two hundred seventy-three and 77/100 dollars ($273.77) per month, plus all applicable sales, use, and like taxes. The monthly rental payments shall be due on the fifteenth day of the month. On the commencement date, Lessee shall pay a security deposit in the amount of two hundred seventy-three and 77/100 dollars ($273.77). Such deposit shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shall be by check made payable to "St. Lucie County" and delivered to 2300 V irginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Effective March 15, 2007, the rental rate shall be reduced to two hundred twenty-six and 96/100 dollars ($226.96) per month in recognition of the reduction in the leased 1 i premises as set forth in Amended Exhibit "A," subject to the annual adjustments as herein provided. Lessee shall also pay all applicable sales tax imposed by federal, state and local governments. Beginning upon the commencement of the second year of the Lease and continuing each year thereafter, the Annual Rent shall be adjusted in accordance with the provisions herein below. Said adjustments shall be computed one (1) month prior to the end of the preceding Term, or Renewal Term, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The adjusted Annual Rent for the applicable Term or Renewal Term shall be determined by multiplying the Annual Rent then in effect for the Term of this Lease by a fraction, the numerator or which is the Consumer Price Index (All Items and Major Group Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics ) (the "Index"), as of three (3) months prior to the expiration ofthe Term, or the Renewal Term, as the case may be, and the date of commencement of this Lease. Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following the aforementioned calculation date. If the Lease Term commences on a date other than the first day of a month, Lessee is obligated to advance its first payment of gross monthly rent on a pro-rata basis, computed based upon the number of days remaining the month of commencement divided by the total number of days in the month of the Lease's commencement. 3. This First Amendment shall take effect on March 15, 2007. 4. All other terms and conditions of the Lease Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Lessee has executed this First Amendment to Lease Agreement on this day of , 2007. WITNESSES T. BENNETT BY: T. BENNETT 2 STATE OF FLORIDA COUNTY OF ) ) BEFORE ME, the undersigned authority, personally appeared T. BENNETT, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that h~ executed said instrument for the purposes therein expressed on this _ day of ,2007. My Commission Expires: Personally Known _ Produced Identification _ Type of Identification Produced: Notary Public State of Florida (Notary Seal) IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this _ day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) BEFORE ME, the undersigned authority, personally appeared CHRIS CRAFT, chairman of the St. Lucie County Board of County Commissioners, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed on this _ day of 2007. My Commission Expires: Personally Known _ Produced Identification _ Type of Identification Produced: Notary Public State of Florida (Notary Seal) g: \atty\agreemnt\lease\ 1 a-bennett. wpd 3 LEGAL DESCRIPTION TO ACCOMPANY SKETCH PARCEL 46 lESS RUIMAY LEGAL DESCRIPTION A part of those lands descrIbed In OffIcIal Records Book 1053, Page 165, PublIc Records, St. LucIe, County, FlorIda, beIng more partIcularly descrIbed as follows: The Northeast 1/4 of the Southwest 1/4, Less the East 80 feet thereof, and the South 1/2 of the Southwest 1/4, Less the West 1/ Feet and Less the East 80 Feet, Section 24, TownshIp 34 South, Range 39 East, St LucIe County, FlorIda; LESS area for runway being more particularly described as follows: N o ü; Commence at the Southeast corner of the Southwest 1/4 of Section 24, TownshIp 34 South, Range 39 East, St LucIe County, FlorIda; thence N.89046/53"W. along the North lIne of the Southwest 1/4 of saId SectIon 24, for 80.00 feet to a poInt on a lIne beIng parallel wIth and 80.00 feet West of the East lIne of the Southwest 1/4 of saId SectIon 24; thence S.00018/03"W. along saId parallel lIne for 24.06 feet to the POINT OF BEGINNING; thence contInue S.00018/03"W. along saId parallel line for 1542.09 feet; thence N.44°46/53"W. for 243.45 feet to a poInt on a lIne beIng parallel wIth and 1394.00 feet South of the North lIne of the Southwest 1/4 of saId Section 24; thence N.89°46/53"W. along said parallel lIne for 651.61 feet to a poInt on a lIne being parallel with and 904.00 feet West of the East lIne of the Southwest 1/4 of the sold SectIon 24; thence N.00oI8/03"E, along saId parallel lIne for 1200.00 feet to a poInt on a line beIng parallel wIth and 194.00 feet South of the North lIne of the Southwest 1/4 of saId SectIon 24; thence S. 89° 46/53"E, a long saId para I Ie I lIne for 654.30 fee t; thence N.45° ITO 1"E. for 240.34 feet to the POINT OF BEGINNING. .- o o ':' z ? '" C 0> "0 .,; '" o OJ -' :;¡' " Ü L o a.. /' cD ... " Ü L o a.. /' z <.:> o /' +- L o 0. L <I OJ 'ü ~ +- V1 /' ,.., +- C :J o ~ OJ 'ü :J ~ +- V1 /' .. o '" ~ '" ..... L o /' /' EXHIBIT AmFfùDP-D If,L) 1/ PBS 482 South Keller Rood Orlando. FlorIda 32810-6101 TeI:4fJ1/641-7Z15 CertlfTcote No. LB 24 Sheet ~ of ~ SKETCH TO ACCOMPANf LEGAL DESCRIPTION PARCEL 46 LESS RUNWAY II 'I !I II P.O.c. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING COR= CORNER II SEC= SEC T ION PGrs)= PAGErS) , I O.R.= OFFICIAL RECORDS II HWY.=HIGHWA Y , SfM_~MI,M?OAD II r¡=--- ~~ I, III 'I 233-ø.2~~J./2 III 'I I!I II 11'1 ~ I 323."Ø"1-ØØØI7~ II I ~II ~I i I ~I' I IIII ~ LEGEND 233-1210Ø2-000/8 " ,~ 2<1H'''el3-ØØØ¡0 ~ J'-4_ :q,~ <1¡, 241-012104-0111017 N89°46'53'W 80.00' NORTH LINE. SW 1/4, SEC 24-34-39 SOOo 18'03'W 24.06' 133-004Ø-01210/6 0;,- " ,;; .O.B. 233-0025-I/IØ0/5 ~ ~O\·<v 'l: -t)0, 0\ 0'\ ~\~f,j ~ \' ~ NE 1/4, SW 1/4 ~ LESS EAST 801 SEC 24-34-39 PROPOSED RUNW~Y qL -27R PROPOSED WESTERN PERIMETER ROAD 322-0001 -1/100/ 4 ~ ....0, ,..""' v,{. ~"¡I ~~ ....~ t;:¡~ ~ 421-121001-(111210/8 323·0121 2-111001 ~ ~ ~ II:) .... I) C) ~ 80.00' FPA PROPERTY LINE ITVPI .- "" ~ :z '7 '" c: C)O " cD <fJ o OJ ~ * ã) () L o "- ;' * ã) () L o "- ;' :z <::> "" ;' +- L o 0- L ~ OJ '6 :J :;! </) ;' '"' +- c: :J o '-' cO '6 ~ +- </) ;' '" o '" ;' N '" +- L o ;' ;' ST.LlCIE CQUHTY mn I. A[RPIJ!T AUTIIJII Y 433-121021-000/1 NOTE: I. THIS IS NOT A SURVEY. 2. BEARINGS ARE BASED ON THE NORTH LINE OF THE SOUTHWEST 1/4 1WJc:.1 OF SECTON 24, TOWNSHIP 34 SOUTH, RANGE 39 EAST. ST. LUCIE. .-~J COUNTY. FLORIDA. BEARING N89°46'53·W. 482 South Keller Road Orlando. Florlda 32810-6101 TeJ:407/W-7Z15 Certlflcote No. LB 24 1/18/CJ1 Date: Scale: Job No.: F.B.: Drawn By: Ckd. By: Sheet -----1 of ~ 1" = 5fX)' 071318J4 0600 N/A DKK ,,' \-> AGENDA REOUEST ITEM NO. é./J...L DATE: February 27, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Budget Amendment Number BA 07-042 requesting the transfer of $2,030.00 from Equipment Maintenance (Account Number 001-1410-546000-100) to Machinery & Equipment (Account Number 001-1410-564000-100). BACKGROUND: Please see attached Memorandum No. 07-0306. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the transfer of $2,030.00 from Equipment Maintenance to Machinery & Equipment as requested. COMMISSION ACTION: CONCURRENCE: ~} ~ [)à APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ¿. , INTER-OFFICE MEMORANDUM COUNTy ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 07-0306 DATE: February 21, 2007 SUBJECT: Budget Amendment Number BA 07-042 Transferring $2,030.00 from Equipment Maintenance Account Number 001-1410-546000-100 to Machinery & Equipment Account Number 001- 1410-564000-100 BACKGROUND: The laptop currently being used by this office was purchased in 2000 and is obsolete. There is no wireless capability, and the Windows 98 version is not supported by Micro Soft or the I. T. Department. The internal modem is damaged and has a slow connection. The attached Budget Amendment Number BA 07-042 has been prepared in order to purchase a new up-to-date laptop. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the transfer of $2,030.00 from Equipment Maintenance to Machinery & Equipment in order to purchase a new up-to-date laptop as requested ReS);;;'./~ubmi t ted, i-/¿I/ Jå ' Daniel S. Mc County Atto DSM/cac Attachment #- . BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: County Attorney PREPARED DATE: 2/21/2007 AGENDA DATE: 2/27/2007 ACCOUNT NUMBER ÄCCOUNTr.4ÄME AMOUNT TO: 001-141 0-564000-1 00 Machinery & Equipment $2,030 FROM: 001-141 0-546000-1 00 Equipment Maintenance $2,030 REASON FOR BUDGET AMENDMENT: The laptop currently being used by this office was purchased in 2000 and is obsolete. There is no wireless capability, and the Windows 98 version is not supported by MicroSoft or the LT. Department. The internal modem is damaged and has a slow connection. The reason for the transfer of funds is to purchase a new up-to-date laptop. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: " N/A '" DEPARTMENT APPROVAL: j l¡Jk!fIl/ ~j", -'"r , OMS APPROVAL: ( ..JJiUI\) , ~~ I lU BUDGET AMENDMENT #: '---- ~ån'l,.Ö42 DOCUMENT # & INPUT BY: -' ~ AGENDA REQUEST ITEM NO. 0~m DA TE: February 27, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: St. Lucie County Utilities - Seventh Amendment with Severn Trent Environmental Services, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the Seventh Amendment and authorize the Chairman to sign the Amendment. COMMISSION ACTION: CONCURRENCE: IX! APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: (~ ./J 1./ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 " í INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07-0298 DATE: February 21, 2007 SUBJECT: St. Lucie County Utilities - Seventh Amendment with Severn Trent Environmental Services, Inc. ....AAAAAA..~*************************-.AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA.AAAAAAAAAAAAA BACKGROUND: In December of 1998, the County entered into an agreement with Severn Trent Environmental services, Inc. CST") to operate, maintain and manage the County's water, wastewater and reclaimed water facilities. This agreement expired on December 31, 2006 but was extended to February 28, 2007. The County recently advertised a Request for Proposals (RFP #06-088) for firms interested in providing operation, maintenance and management services to the County's Utility System. As a result of the RFP, the County selected ST as the top ranked firm and authorized staff to negotiate a contract with ST. Attached to this memorandum is a copy of a proposed Seventh Amendment to the December 23, 1998 Agreement to provide for a one (1) month extension of the existing contract until March 31,2007 to allow time to negotiate the new agreement with ST. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Seventh Amendment and authorize the Chairman to sign the Amendment. Res~e.fu lIy sU,b mit. ted." 7ß; j /'" L4~ 7fØ. ..~ Daniel S. McIntyrè/ County Attorney/ / 1..~ DSM/caf Attachment ~ SEVENTH AMENDMENT TO AGREEMENT FOR OPERATION, MAINTENANCE, AND MANAGEMENT SERVICES FOR ST. LUCIE COUNTY WATER, WASTEWATER, AND RECLAIMED WATER FACILITIES THIS SEVENTH AMENDMENT is made this _ day of , 2007, by and between St. Lucie County, Florida, a political subdivision of the State of Florida (the "County") and Severn Trent Environmental Services, Inc ("Contractor"). WIT N ESE T H: WHEREAS, on December 23, 1998, the parties entered into an Agreement for Operation, Maintenance, and Management for St. Lucie County Water, Wastewater, and Reclaimed Water Facilities (the "Utility Management Agreement") whereby the Contractor agreed to operate, maintain and manage the County's Wastewater Treatment, Reclaimed Water & Potable Water Systems); and WHEREAS, on May 18, 1999, the parties entered into a First Amendmer1t wherein the parties agreed that the Contractor shall also operate, maintain and manage the Holiday Pines Facility for an additional fee under the terms of the Utility Management Agreement effective upon the acquisition of the Holiday Pines Facility by the County; and, WHEREAS, on February 15, 2000, the parties entered into a Second Amendment wherein the Contractor merged with Severn Trent Environmental Services, Inc. to form Severn Trent-Avatar Utility Services, LLC; and, WHEREAS, on December 5, 2000, the parties entered into a Third Amendment to clarify Part III of "Request for Proposals - Comprehensive Contract Operation and Maintenance Services for Water, Wastewater, and Reclaimed Water Systems" (RFP #98-73) that the Contractor's rates are adjusted on an annual basis in an amount equal to the annual increase in the Domestic Product Implicit Price Deflator Index; and, WHEREAS, on October 8, 2002, the parties entered into a Fourth Amendment wherein the contractor assume responsibility for disposal of sludge at an out-of-county location in accordance with applicable rules and regulations of agencies responsible for such disposal. WHEREAS, on June 1, 2004 the parties entered into a Fifth Amendment to provide for expanded services to maintain the level of service associated with water distribution and wastewater collection activities. WHEREAS, the current Agreement as amended is scheduled to terminate on December 31,2006 and the County and Severn Trent desire to continue this agreement to allow time for the negotiations of a new agreement based on Severn Trent's response to the County's RFP #06-088, Comprehensive Contract Operation and Maintenance Services for Water, Wastewater and Reclaimed Water Systems. WHEREAS, the current Agreement as amended is scheduled to terminate February 28, 2007 and the County and Severn Trent desire to continue this agreement to allow time for AMENDMENT 7 SEVERN TRENT -1- continued negotiations of a new agreement based on Severn Trent's response to the County's RFP #06-088, Comprehensive Contract Operations and Maintenance for Water, Wastewater and Reclaimed Water Systems. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to amend the Utility Management Agreement as follows: 1. Add Paragraph 4.1 (b) to the Agreement to read as follows: 4.1(b) This agreement shall be extended for an additional one month period from March 1,2007, until March 31 ,2007 2. Effective January 1, 2007, Exhibit "0" to the Utility Maintenance Agreement is hereby amended by replacing current Exhibit D-2 with "Exhibit 0-3" and Exhibit "C" is hereby amended by replacing current Exhibit C with Exhibit C-1 which are attached hereto and made a part hereof and shall serve as the basis of the Contractor's compensation for this additional one month extension. In addition, any single maintenance and repair item purchased by the contractor that is $4,000 or less will be considered a repair and maintenance cost which will go towards the annual maintenance and repair limit. 3. This Seventh Amendment shall be effective as of March 12007. 4. Except as expressly amended herein, all of the remaining terms and conditions of the Utility Management Agreement as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SEVERN TRENT ENIRONMENTAL SERVICES, INC. -2- BY: Edward Goscicki Description No. So. Airport Fairwinds Lakewood North Totals Hutchinson Hutchinson GC Park County Island Island Util ity District Personnel $392,153 $366,867 $9,951 $15,722 $17,303 $274,999 $1,076,995 Chemicals $27,008 $29,089 $0 $3,669 $2,142 $52,654 $114,562 Lab Testing $25,534 $31,491 $0 $5,542 $5,488 $8,345 $76,400 Travelffraining $2,669 $2,549 31 54 $59 $1,528 $6,890 Material Supplies $2,862 $2,889 $0 $0 $0 $2,863 $8,614 Contractual $3,259 $4,806 $0 $1,386 $0 $3,480 $12,931 Groundskeeping/ $867 $876 $0 $4,157 $4,400 $289 $10,589 Landscaping Total Annual $454,352 $438,567 $9,982 $30,530 $29,392 $344,158 $1,306,981 Base Fee Sludge Removal- $49,320 $53,280 $0 $2,520 $12,600 $33,000 $150,720 Annual Repair & $25,000 $50,000 $5,000 $2,500 $2,500 $25,000 $110,000 Maintenance Cap' -- Sewer Vacuum $5,000 $5,000 $1,000 $0 $2,000 $3,000 $16,000 Truck (Allowancer Other $0 $0 $0 $0 $0 $0 $0 Combined $533,672 $546,847 $15,982 $35,550 $46,492 $405,158 $1,583,701 Totals Vice President EXHIBIT D-3 Amended Fee Schedule .. Description No. So. Airport Fairwinds Lakewood North Totals Hutchinson Hutchinson GC Park County Island Island Utility District Personnel $392,153 $366.867 $9,951 $15,722 $17,303 $274.999 $1,076.995 Chemicals $27,008 $29,089 $0 $3,669 $2,142 $52,654 $114,562 Lab Testing $25,534 $31,491 $0 $5,542 $5,488 $8.345 $76,400 Travel/Training $2,669 $2,549 31 54 $59 $1,528 $6,890 Material Supplies $2,862 $2,889 $0 $0 $0 $2.863 $8.614 Contractual $3,259 $4,806 $0 $1,386 $0 $3,480 $12,931 Groundskeepingl $867 $876 $0 $4,157 $4,400 $289 $10,589 Landscaping Total Annual $454,352 $438,567 $9,982 $30,530 $29,392 $344,158 $1,306,981 Base Fee Sludge Removal" $49,320 $53,280 $0 $2,520 $12,600 $33,000 $150,720 Annual Repair & $25,000 $50,000 $5,000 $2,500 $2,500 $25,000 $110,000 Maintenance Cap" Sewer Vacuum $5,000 $5,000 $1,000 $0 $2,000 $3,000 $16,000 Truck (Allowance)" Other $0 $0 $0 $0 $0 $0 $0 Combined $533,672 $546,847 $15,982 $35,550 $46,492 $405,158 $1,583,701 Totals Exhibit C-1 Labor & Equipment Cost Labor Classification Unskilled Laborer Plant Operator (Class B) Plant Operator (Class C) Regular Rate $60/hour $70/hour $65/hour Overtime Rate $90/hour $105/hour $97.50/hour Skilled Maintenance $65/hour $97.50/hour Electrician $70/hour $105/hour Controls Technician $75/hour $112.50/hour Equipment Type Regular Rate Backhoe with Operator $125/hour Loader with Operator $125/hour Track-hoe with Operator $175/hour Dump Truck with Operator $100/hour Utility Vehicle with Operator $65/hour Flat Bed Truck with Operator $85/hour Portable Pump (4" trash) $35/hour Generator (35-45 kw) $40/hour Vactor Truck with One Operator $225/hour TV Truck with Operator $200/hour TV/Cleaning (min 2,000' emergency) $200/hour . NOTE: These values will be reviewed annually in conjunction with the County after the presentation of the annual report. '- AGENDA REQUEST ITEM NO. C2n DATE: February 27.2007 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Paradise Park Stormwater Improvement BJS Properties, Inc. Tax ID 1433-701-0457-000/3 Tax ID 1433-701-0255-000/7 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Paradise Park SLC Stormwater Imp. - Stormwater Management Account No. 102803-3725-561007-42511 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from BJS Properties, Inc. for the purchase price of $67,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: CONCURRENCE: [x] County Attorney: (h _.id 1--.(. Review and Approvals b£l APPROVED [ ] DENIED rl OTHER Approved 5-0 [x] Engineering:: A1VP [x] Public Works: IvNþ¡~/'- þBN [x] Originating Dept: j \~l PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 27, 2007 SUBJECT: Contract for Sale and Purchase Paradise Park Stormwater Improvement BJS Properties, Inc. Tax ID 1433-701-0457-000/3 Tax ID 1433-701-0255-000/7 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Paradise Park neighborhood. BJS Properties, Inc. has two parcels needed for part of a dry retention pond. We sent a contract to BJS Properties, Inc. (BJS) for $59,000.00. BJS accepted the contract price on Tax ID 1433-701-0457-000/3 for $25,000.00 and counteroffered on Tax ID 1433- 701-0255-000/7 for $55,000.00. Engineering and Acquisition staff reviewed the parcels currently under Contract and determined Tax ID 1433-701-0255-000/7 was a critical piece to complete a retention pond. County staff reviewed the range of value and countered with $42,000.00 and BJS accepted. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from BJS Properties, Inc. for the purchase price of $67,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, ) ~ ~J"A ~nn Riley ==r Property Acquisition Manager ........,.....~'............ -- -', '-, ............... "'-., ...................., ',- '--.... -~ ............... '-, ""-.............. ......................... I.__J J.uu.. OTTAWA WAY ·__1 I I ___ _ ...... ..__ _ ..____1 .......................................... III ~ ···_-1!···iRyA~Ilº~1 .... _ __Ill _~_ __. -, -[ ..........A........ SENECA AVE . ..........~..... ----_.~-~--_.~.......... '. ......................., -'. --- ...", ""~"'~ .'........... ,..... ....... . .......................~....... ........... ................. I ¡-~.... I I I -- . .,.........,~., "". ....,.........."..'. -"", ...........,.,' >~>,:""",,,, ....... ", ~...;:>"" MATANZAS AVE -"..... ................. .............'., ", i -....." "r-'::,:: __I. I I S ERIE DR I i '........... '''''''''' '-. " ...,...... "".1., :::~::~ÒÒÔ"- I··::::::::·:]~=O~"'~~~'~ ~ . .................. .....................'..,. ,-........" ...... ...................1 ................................, ............h~.~~.....::..,.A '. ". .,',.........., ,'___'" /_AVIENDAAVE _ J i ~~~ .Þt I [ __J I_J~/LLLr]] ~-I ;JUANITA AVE IiDll [ ~D'- 1-1 ' , r-LJII ~ lJ_ILJ I . Ii VALENCIA AVE J~ J --~T~ · [f¡IJ¡J;R i , L_'m~I_] t- In t- In .... N Z t- In _ .. . CI 111:, MI I ~l_____J~ . . ... . SAN DIEGO AVE ..-.. ··1···············:········ ···········_·····1 -···-r- ~ll I .1 I ;11 TT¡ Feb 21 07 11:33a -02/19/2007 12:48 551452144e CQJ p.2 1""~1; C. 'OLI tJ..: BOARD OF COUNTY COMMISSIONERS FebrUllry 19, Z007 PROPERTY ACQUISITION DIVISION BJS Properties. Inc. 203 South 29.... street Fort Pierce, FL 34947-3619 RE: An addendum 'tø Contrac for Sale: and P~~CISI!: date February 15, 20CJT Parcel 1433-701-0255- (7 Dear Mr. Slay: St. Lucie CQunty is making a counteroffer $42,000.00 to Y~(jt offer of $55.000.00 fol" the at»ove- mentioned percel. . I . i Please keep in mind, that the County will for the. documeritdry stomps and recording hes 01'\ the deed conveying the property. There is alS no real estate con1rn¡ssion that you might have to pay plus we will hove c quick tum around on the clo ing. ' ; If YOIJ accept this offer, please sign below Time is of the es~E:~ce in this matter because. the grant expiration date. is coming to end in March. . . If you hCM~ any questions, please do not h itote to contact in ~ at 462·1725. Accept: t)ote: [)iSlJÞP,,(,~e: i I : Cc: County AttoNleY PropeMy A~isit o" DlvisionlfiJe ~:\^'Q\wP\.1.r1Ù\1'8røáiK ,...k\lIl$ PrapeNlU\Ofhr 1...ImI:ró!...pc! JO~EPH E. SMliH. DI1tr1cl No.1 i I I o DOUG COWARD, DlllllO 1>10. 2 . PAU fl. LEWI5. DISTriCT No.;¡ ~ ,±ttflI\LES 0t1ANDE. 01l"1C\" No.4 0 CHillS CI\AFT, DlUncr No. 5 CO""ry Ad/'l'li\lrOIOr . J)ouglOG M. AN.I""~)~ 2JOO Virginia AII~ · Ft. Pierce, Fl b.i982-5652 (772) 46201711 . FAX (772) 462j1&40 web sire: www.co.sr-lucie.fI.I.!i ," PROJECT NAME: Paradise Park Stormwater Improvement Project PARCEL: BJS Properties, Inc. Parcell.D. 1433-701-0457-000/3 and 1433-701-0255-000/7 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this /5 '{If day of F£ß , 2007, between BJS PROPERTIES, INC, whose mailing address 203 South 29th Street. Ft. Pierce, FL 34947-3619, hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND ME~OD OF PAYMENT. The full purchase price is .p.¡~y"1{iRe Thousand and 00/100 Dollars, determined to be the total of the following: (1'&0, OC10,DO) ~ ($Sg.OOO.oat Real Property (Land) Parcell.D. 1433-701-0255-000/7 ParceII.D.1433-701-0457-000/3 i) 5f (J{lt), {}O -$34,000.00- $25,000.00 7- payable in Cash or Cashier"s check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. This contract is contingent on the County purchasing the abutting property to the subject property. 1 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordi nation agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlierthat the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No-Lien Affidavit as to realty. 2 .' 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as ofthe date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before March 5. 2007 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 3 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy-thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract ottitle continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are.in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a 4 release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property descri bed above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER sha\1 fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties setforth in this Contract shall be true as of and surviving the closing, and a\1 obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER sha\1 at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER 5 harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best ofthe SELLER'S knowledge and beliefthatthere is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this 1571t- day of P £. , 2007. 6 ) ) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this \ 5 ~,2007, by It's day of ,who is personally known to me or who has produced a ivers license issued within the last five years as identification. N tary Pu ic ßE:1TY ~ ~5 (Printed, Typed or Stamp d Name of Notary Public) My Commission Expires ,,'~~f~"", Betty A. Stephens !..~"K:~~ MY COMMISSION # D0269196 EXPIRES :ð:'~'~: Januaïy 1, 2008 '''f¡"..... .&i/ 'ONDtD THRU TROV FÀI1'lIN$URANC~ INC. 'F,iRrll~\\ EXECUTED by PURCHASER this day of , 2007 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" Lot 19, Block 27, PARADISE PARK, according to the Plat thereof, as recorded in Plat Book 8, at Page 17, of the Public Records of St. Lucie County, Florida. And Lot 8, Block 15, PARADISE PARK, ACCORDING TO Plat thereof, as recorded in Plat Book 8, at Page 17, of the Public Records of St. Lucie County, Florida. 8 , EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 9 EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS 10 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 11 EXHIBIT "E" POLICIES OF INSURANCE 12 AGENDA REQUEST ITEM NO: C-3 DATE: February 27,2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Drug Abuse Resistance Education (D.A.R.E) Waiver of Fees/Lawnwood Complex BACKGROUND: Attached is correspondence from Deputy Sal Anicito, SLC Sheriff's Office D.A.R.E. Coordinator requesting that the Board of County Commissioners waive rental fees in the amount of $700.00 for use of the Lawnwood Complex. The D.A.R.E. program teaches fifth grade students about the dangers of drugs, alcohol, tobacco, gang violence, etcetera. The week of April 9-15, 2007 the Sheriff's Office would like to hold a D.A.R.E. Carnival at the Lawnwood Complex parking area. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board Of County Commissioners approve St. Lucie County Sheriff's Department's request to waive rental fees in the amount of $700.00 for use of the Lawnwood Complex parking area to hold its D.A.R.E. Carnival April 9-15, 2007. COMMISSION ACTION: CONCURRENCE: be] APPROVED r-] OTHER: [ ] DENIED Approved 5-0 ~ County Attorney: Originating Dept: C). Coordination/SiQnatures ¡IE -& Mgt & Budget: Purchasing: ¡4PUb'iCWorkS: Other: Finance: (Check for Copy only, if applicable) ;,# I \\ER/J' " ~ ~Qer¡ff KENJ.MASCARA . . {II -" >- 10., ~~ cO Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 · Fax: (772) 489-5851 4700 West Midway Road, Fort Pierce, Florida 34981 12/14/06 Board Of County Commissioners 1619 West Gulf to Lake Highway Lecanto, Fl 34461 Dear Board of County Commissioners, ~..fy name is deputy Sal Anicito. I am the coordinator of the Drug Abuse Resistance Education (DARE). Program for the S1. Lucie County Sheriffs office. The DARE Program is an invaluable program that teaches fifth grade students about the dangers of drugs, alcohol, tobacco, marijuana, inhalants, peer pressure and gang violence. Each year specially trained Deputies conduct ten structured DARE classroom presentations to approximately 1500 fifth grade students. Upon the completion of the ten week DARE Program, the students take part in a formal graduation ceremony and receive an official D.A.R.E. Certificate. Although the program is structured through DARE America as a ten week program, our deputies reinforce the teachings of DARE throughout the entire year. Towards the end of the school year, all the S1. Lucie County DARE students are treated to a special day at Tradition Field where they enjoy many fun activities along with a Met's baseball game and they are given an official DARE tee shirt. This year it is the intention of the Sheriffs Office to have a DARE Carnival. We have been working with Kevaworks Corporation which is a company sanctioned by DARE America to coordinate the DARE carnival. We would like to have the carnival in the parking area of Lawnwood Stadium which is an ideal location to draw many people. Since this is a DARE function and it supports the youth of S1. Lucie County. We would respectfully request that the rental fees for this area be waved. The carnival company will work with the city and the county on any types of permits that need to be in place and will prc'\ridc the insurance needed for this C,\lcnt. Thank You for your valuable time and Thank You for your support for the future of the children of S1. Lucie County. Sincerely, Deputy Sal Anicito S1. Lucie County Sheriff s Office School Resource Unit D.A.R.E. Coordinator DARE- Keav Works Fundraiser (Carnival) Lawnwood Stadium - Open Space Parking "Deputy Sa}" Anicito Ph. 528-0568 Cell: XXX-XXXX Fax: XXX-XXXX EVENTINFO~ATION 1) NON-PROFIT TAX EXEMPT DOCUMENT (if applicable) 2) INSURANCE CERTIFICATE- naming Saint Lucie County Board of County Commissioners as Additional Holders- General Liability ~ Minimum One Million Dollar (1,000.000) per Occurrence ~ Two Million Dollar (2,000.000) General Aggregate ~ One Million Dollar (1,000.000) Vehicle Liability 3) DATES AND TIME REQUESTED ~ April 9th_ 15th ~ Gates open @ 0:00am for vendors and 0:00pm to 0:00pm for general public 4) CHARGES for non-profit event ~ 5,000 -10,000 sq.ft. $100/day Total: $700 Deposit: Balance: .:. $500.00 Rental Deposit 5) PLEASE NOTE: ~ Check with the City of Fort Pierce for Event Permits, you will need a contract from me before applying for City Permit. (City Clerk 460-2200 x371 - 100 South Dixie Highway ~ Check with City of Fort Pierce Police and Sheriffs Dept. (Proof of Security needed) ~ Tents larger than lOx 10 require permit - St. Lucie County Fire Prevention 462-8306 ~ All garbage will be handle by Carnival ~ Diagram of event layout Any questions, please call Willie Redden at: Off. 772-462-2159 Cell: 772-216-013 9 * .. Parks and Recreation Department Memorandum To: Board of County Commissioners Linda Barton, Assistant Director II From: Subject: Approval of Agenda Item #C-12 Date: 2/20/2007 On June 13, 2006, the BOCC awarded the bid for construction of the Lawnwood Complex Soccer Fields in the amount of $797,490 to The Collage Companies. The BOCC approved Change Order No.1 in the amount of $15,627 on October 24, 200fJ. In order to proceed with construction of the Lawnwood Complex soccer fields, staff is requesting that the Board of County Commissioners approve Change Order No.2 for The Collage Companies. The cost of the change is $14,628 and will cover the cost of deleting the irrigation pump station & well and add 1,200 If+/-4" main line, connect to existing main lines, re-grade and repair swales, walk path and soccer fields. These changes are as a result of significant erosion that has occurred. (Detailed listing of changes is attached). The new contract sum will be $827,745 including Change Order No 2. Staff is also requesting that the BOCC approve Collage's request for a 60-day extension for substantial completion of the project. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File UOU" 01/23/2007 01:05 o OA- f:] . rJjJ , . [I II II lJ.rJ DE.'" Ir:j \ r~ II .Dr ~~ (~t I,Jt~^1 (: 1.-..J,R:\C:10Itt C(1N~'l ~¡ I( f," ,'oJ 1\'~~NMiF.;\S -------...- C'\"""ilfl i to QlIò11lrv .. r;(\Rr")~^TE )f'FICI .~6!; TFCr" N( .t:'Ir.-;v '''p't: ,'III:Tll(I(Þ 1.^K'" M"H\' ~I O~II'^ "<; 1~ ".o1n7,lJ:!!I.)~! - F o10::".A~·'.n": I .. ~()' n; ~1,(1I1 J" O~r:I(;F .ìl"lìì f Cn", ...¡,nU'IA' BlVO, "'lTF 20< Fr, l.wn¡IW ,U¡ FI.ORII:JI\ ,'t, 1.1 " p '\,~I ..,n!I:':.1.. F TJ~;'I 4'1'1 ~ ¡,'õ: - '-"" "t\/!,11:tn n~.t;n!\1 .. cc O)'O~ I R 7723403755 COLLAGE PORT ST LUCE PAGE 01/02 1111 1111 THE COLLAGE COMPANIES r: 0 N 5 T R Ii C r I () N December 13, 2006 January 23, 2007 Rev. Fax 772-462-1444 Mr. Ken Hall, Project Manager Central Services St. Lucie County 2300 Virginia Avenue Ft. Peirce, Fl. 34982 Re: LA WNWOOD SPORTS COMPLEX SOCCER FIELDS Subject: o.c.o. # 02 - Delete Irrigation Pump Station & Well and Add 1,200 If +/- 4" Main line, connect to existing Main lines, Regrade and repair swales, walk path and soccerfields Dear Mr. HaU: Pursuant to your request, we are providing a cost breakdown fur the above subject. A. I. Add 4" Main line witb wiring & Gate Valves 2. Contractors OH & P 3. Bonds & Insurance 4, Credit; hrigation Pump Station & Wen $ 16,580.00 $ 2,487.00 $ 381.00 $ < 30,300.00> Total Cost ofthis Change S <10,852.00> B. 1. Re-Mobilization 2. Re-Gradc Swales 3. Remove and Clean Sediment from Culverts 4. Replace, Røpair and Rc-Grade Coquina Path 5. Re-Stake work with elevations $ 2,500.00 $ 7,300.00 $ 3,200.00 $ 10,980.00 $ 1,500.00 Total Cost of this Change $ 25,480.00 TotaJ Cost of A + B $ 14,628.00 Additional Time Required 60 days TH~ r..,;ÇI,;ï iNr:DRMl:O ~ON5ï'~UCTfOM :::F-~V'C~':: r;,"l..{rA-/,JY~" ~..,- . .........-..~.--..._-_..........,........,-._..,.,.. J" ~ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: Debra Brisson, Director, Parks and Recreation Kenneth Hall, Project Manager, Central services~/j FROM: DATE: February 14,2007 SUBJECT: Lawnwood Soccer Fields Irrigation ............................................................................... On February 09, 2007, I met with Guy Medor, Eric Jackson, and Jack Privateer, from the Parks and Recreation Division. Also in attendance was a representative from Florida Irrigation the subcontractor for Collage Companies. The purpose of this meeting was to determine if we would have an adequate supply of water to temporarily irrigate the new soccer fields by tying into the existing Lawnwood wells. Both Jack and Eric have voiced concerns on this issue. After meeting with the Florida Irrigation representative it was agreed on that there is an adequate supply of water and we should be able to run enough sprinkler zones at one time to irrigate the soccer fields in an eleven hour period (see attached letter). Due to the significant amount of erosion that has occurred please proceed with the Change Order provided by the Collage Companies. Cc. Don McLam, Assistant Director, Central Services FLORIDA IRRIGATION SPECIALISTS, INC. 9180 Nickels Blvd. · Boynton Beach, FL 33436· Telephone (561) 994-3772 · Fax (561) 369-2892 February 12,2007 Sports Turf One, Inc. 9819 State Road 7 Boynton Beach, FL 33437 Attn: Dell Haverland Re: Lawnwood Soccer Complex In regard to the question about how many zones can operate at one time, based on the information provided to us by St. Lucie County, I believe that we can efficiently operate 4 zones on the new field at the same time without a problem. In addition, you should also be able to operate at least 1 existing zone on each pump at the same time that the new zones are runnmg. Please call if you have any further questions. Sincerely, Michael Tyson President AGENDA REQUEST ITEM NO. C- 5"a.- DATE: February 27,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 SUBJECT: Repair of Bridges Related to Hurricane Wilma - First Amendment to Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., in the amount of $35,655.00. BACKGROUND: Please see attached memorandum. FUNDS AVAIL. Funds will be made available in 101tl1G411 5-531000-1904 Transportation Trust - Constitutional PREVIOUS ACTION: February 21, 2006 - Board approved Work Authorization NO.2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., for Safety Inspection of Bridges Related to Hurricane Wilma in the amount of $4,800.00. RECOMMENDATION: Staff recommends approval of the First Amendment to Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc. for Repair of Bridges Related to Hurricane Wilma in the amount of $35,655.00, and signature by the Chairman. COMMISSION ACTION: CONCURRENCE: [)( APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 ~ ~ t. [ x ]County Attorney [ x ]Originating Dept. Public Works~ []Finance " Bridge Inspection Hurricane Wilma wa2 amend1 j&c.ag Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. CoordinationJSi I'~ & "- ~ /'lli!:1} ( x )Proj.Mgr. ~ [x ]Exec. Asst.~ M ( )ather DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: February 27, 2007 SUBJECT: Repair of Bridges Related to Hurricane Wilma BACKGROUND Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., provided an evaluation of five (5) bridges in St. Lucie County to determine whether adverse impacts occurred due to Hurricane Wilma. The attached First Amendment to Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., is to provide a site visit, prepare plans, prepare bid documents, and provide an engineers opinion of the cost of construction. Total cost of this amendment is $35,655.00. FIRST AMENDMENT TO WORK AUTHORIZATION NO.2 Engineering Services Related to Bridge Evaluation and Design C03-12-760 Safety Inspections of Bridges Related to Hurricane Wilma Pursuant to that certain Agreement between County and Engineer for Engineering Services, (the "Agreement") between S1. Lucie County (the "County") and Jenkins and Charland, Inc., (the "Engineer") dated December 2,2003, the Engineer agrees to provide the Scope of Services described in Exhibit A, for the Compensation described in Exhibit B the County agrees to compensate the Engineer the amount not to exceed Thirty Five Thousand Six Hundred Fifty-Five ($35,655.00) Dollars. All work under this First Amendment to Work Authorization NO.2 shall be completed on or before September 30, 2007 (or refer to schedule Exhibit "C", if appropriate). IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ST. LUCIE COUNTY, FLORIDA ATTEST: BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DATE: JENKINS AND CHARLAND, INC. WITNESS: BY: (Type or print name/position) DATE: EXHIBIT A Date: FEBRUARY 9, 2007 FIRST AMENDMENT TO WORK AUTHORIZATION NO.2 ENGINEERING SERVICES RELATED TO BRIDGE EVALUATION AND DESIGN C03-12-760 REPAIR OF FIVE BRIDGES SCOPE OF SERVICES SECTION 1: GENERAL SCOPE STATEMENT The CONSULTANT shall provide design of repairs and construction documents to the COUNTY for the following bridges in general conformance to the recommendations set forth in the latest bridge inspection report concerning hurricane damage: BRIDGE NO. LOCATION 940019 940029 940030 940037 940071 SECTION 2: SPECIFIC TASKS Carlton Road over Canal C-24 Old Dixie Highway over Taylor Creek McCarty Road over Ten Mile Creek Keen Road over FPFWCD Canal (Taylor Creek) Johnston Road over Canal C-25 Task 1: Provide a site visit to the bridge to verify and quantify information contained within the latest FOOT Bridge inspection Reports made available. Task 2: Prepare plans for the repairs to the bridge. Include provision for new bridge traffic rails as an additive alternate. Provide progress/review plan sets at 30%, 60%, and 90% completion stages. Provide reproducible drawings and signed/sealed prints as required by the COUNTY. Task 3: Prepare quantities, technical specifications/special provisions, and technical bid documents and provide reproducible copies of these items. The COUNTY will provide general contruction contract specifications, form of agreement and all other contract documents. Task 4: Provide an Engineer's Opinion of the Cost of Construction. It is understood the CONSULTANT has no control over costs or the price of labor, equipment, or materials, or over the contractor's methods of pricing. Therefore, the CONSULTANT makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. Note that the scope of repairs to be designed include only those identified as probably being caused by the recent hurricanes of 2004 and 2005. J&C Exh A - WA#2 Amend 2/9/07 . p.1 of 1 .. .,--.-----,-.,.. EXHIBIT B Date: February 9, 2007 FIRST AMENDMENT TO WORK AUTHORIZATION NO.2 ENGINEERING SERVICES RELATED TO BRIDGE EVALUATION AND DESIGN C03-12-760 REPAIR OF FIVE BRIDGES The COUNTY shall compensate the CONSULTANT for providing and performing the Tasks set forth and enumerated in EXHIBIT "A" entitled "SCOPE OF SERVICES" as follows: Task Number Task title Amount of Type of Compensation Compensation 1. Site Visit $ 1,815 Lump Sum 2. Prepare Plans $28,840 Lump Sum 3. Quant/Bid doc/specs $ 4,100 Lump Sum 4. Opinion of Construction Cost $ 900 Lump Sum GRAND TOTAL $35,655 0 0 0 0 0 0 0 0 IÖ (/) 0 d 0 ~ IÖ d g 1.0 ~ 0 CO ..... CO ..... 1.0" ~ as ~ 0) 0 ~ M ..... N ~ I- ~ ~ ~ U 1.0 æ M w ~ ....I U 0:: w 0 OZ 0 CO <c(!) 1.0 ..... Uëi) ~ w 0 0:: Ww co 0 0 (!)w 0 CO I'- ~ ..... O~ 0) ..... ..... -(!) ~ O::z IDW ""')0:: 1.0 0 ~ O(!) N M ~ If~ ..... ~ Z 0 ~ ¡::: Q) a- c: Co J!3 æ 0 IJ) :¡:; u IJ) U ~ 0 0 U (/) CO "'C W Co "'C Õ 0 ,ê ~ iD c: ....I IJ) a- ~ 0 ~ :> IJ) c: 'c .s c: CO '15- 0 co :J U5 ã: 0 0 I- UI- zw -w ~I'- ~I IJ) W o(/) Q) z8 (/) za- 0) m~ ~ 0:: :5::> "'C ::>N .;:: 005 Zo ::>~ o::~ J:I UQ Z(!) >- O(/) N M ~ <Cu 1.0 wN Ow ....I I<C I<c ..... ZI- 0 _0 ~~ 0:: Om ... U .. ::> <c oðID .¡¡¡ ::>w Wu 0 ~ (/)1- Co ....I~ a- I Zoo CD 1-0 SZ:r: 0:: (/) Zx Ww ""') EXHIBIT C Date: FEBRUARY 9, 2007 FIRST AMENDMENT TO WORK AUTHORIZATION NO.2 ENGINEERING SERVICES RELATED TO BRIDGE EVALUATION AND DESIGN C03-12-760 REPAIR OF FIVE BRIDGES SCHEDULE OF PERFORMANCE This Exhibit establishes times of completion for the various tasks required to perform the work set forth in Exhibit "A": Number of Calendar Task Number Task Title Days for Completion 1. Site Visit 2/21 2. Prepare Plans 30/75 3. Quant/Bid Doc/Specs 15/90 4. Opinion of Construction Cost 2/90 .. / ** : * = Number of calendar days to complete individual task *'*= Number of calendar days frolTl Notice To Proceed to completion of individual task ITEM NO. C5b DATE: February 27,2007 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] SUBMITTED BY (DEPT.): ROAD & BRIDGE DIVISION (4110) PRESENTED BY: ~~~~~~ Donald Pauley Road & Bridge Manager TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Approve a Bid Waiver and Equipment Request (EQ07-310) for a Sole Source Equipment purchase from Hydraulic Truck Conveyor, Inc in the amount of $34,686.50 to purchase a Hydraulic Truck Conveyor. Also, Approve Equipment Request (EQ07-311) to purchase a new 72" Hydraulic Sweeper in amount of $ 3,995 from Southern Track and Pump. BACKGROUND: The Road and Bridge Maintenance Division are responsible for maintaining approximately 535 miles of roadway through out the county. Due to the fact that the majority of this maintenance is shoulder work, the Road and Bridge Maintenance Division have found the need to implement a Shoulder Restoration Program. The current equipment the Division uses (a Patch truck and/or Flatbed dump truck) are not efficient for these type of repairs. Patch and flatbed trucks are more useful for small repairs only. Due to the versatile design of these attachments, a Hydraulic Conveyor and a Hydraulic sweeper would make these repairs in a more cost efficient and timely manner. The Hydraulic Conveyor attachment is designed to mount quickly and easily to road graders, loaders, and tractors allowing for less wait time and more options for the work site. In the 2006-07 Budget, $80,000 was approved to purchase (EQ07-239) a Hot Patch Truck Tank; these funds will be used to purchase these attachments instead. FUNDS ARE AVAILABLE IN: 101002-4110-564000-400 Capital Equipment & Machinery PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve a Bid Waiver and Equipment Request (EQ07-310) for a Sole Source Equipment purchase from Hydraulic Truck Conveyor, Inc in the amount of $34,686.50 to purchase a Hydraulic Conveyor. Also, Approve Equipment Request (EQ07-311) to purchase a new 72" Hydraulic Sweeper in amount of $ 3,995 from Southern Track and Pump. COMMISSION ACTION: CONCURRENCE: Approved 5-0 ~ ~ t~ APPROVED cr OTHER [ ] DENIED [x] County Attorney [x] Finance [x] Road & Bridge JJ. þ. (\"~' [x] Mgt. & Budget ~ mm 6; [x] Public Wo ks Director [x] Fiscal Coordinator [x] Purchasing Dept Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community SeNices Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 Agenda Date: February 27, 2007 DEPARTMENT: DIVISION: PUBLIC WORKS RECOMMENDED: X YES NO REVISED JUSTIFICATION: The Road and Bridge Maintenance Division are responsible for maintaining X miles of roadway through out the county. Due to the fact that the majority of this maintenance is shoulder work, the Road and Bridge Maintenance Division have found the need to implement a Shoulder Restoration Program. The current equipment the Division uses (a Patch truck and/or Flatbed dump truck) are not efficient for these type of repairs. Patch and flatbed trucks are more useful for small repairs only. Due to the versatile design of these attachments, a Hydraulic Conveyor and a Hydraulic sweeper would make these repairs in a more cost efficient and timely manner. The Hydraulic Conveyor attachment is designed to mount quickly and easily to road graders, loaders, and tractors allowing for less wait time and more options for the work site. In the 2006-07 Budget, $80,000 was approved to purchase (EQ07-239) a Hot Patch Truck Tank; these funds will be used to purchase these attachments instead. EQUIPMENT REQ#: EQ07-310 ACCOUNT#: 101002-4110-564000-400 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 Agenda Date: February 27, 2007 DEPARTMENT: PUBLIC WORKS RECOMMENDED: X YES NO REVISED JUSTIFICATION: The Road and Bridge Maintenance Division are responsible for maintaining X miles of roadway through out the county. Due to the fact that the majority of this maintenance is shoulder work, the Road and Bridge Maintenance Division have found the need to implement a Shoulder Restoration Program. The current equipment the Division uses (a Patch truck and/or Flatbed dump truck) are not efficient for these type of repairs. Patch and flatbed trucks are more useful for small repairs only. Due to the versatile design of these attachments, a Hydraulic Conveyor and a Hydraulic sweeper would make these repairs in a more cost efficient and timely manner. The Hydraulic Conveyor attachment is designed to mount quickly and easily to road graders, loaders, and tractors allowing for less wait time and more options for the work site. In the 2006-07 Budget. $80,000 was approved to purchase (EQ07-239) a Hot Patch Truck Tank; these funds will be used to purchase these attachments instead. EQUIPMENT REQ#: EQ07-311 ACCOUNT#: 101002-4110-564000-400 MICHAEL R. MORTON Mlr. Representative H. T. C., INC. P.O. Box 880607 Phone Port Saint Lucie, FL 34988-0607 772-873-1414 HTC Manufacturing/ Inc. 1903 13th Street Milford, Iowa 51351 (71 2) 338-4403 1-800-348-4403 Fe~ 01 O~ 10:15a MICHAEL MORTON 772-873-6778 p.1 H T C HYDRAULIC TRUCK CONVEYOR, INC. Michael R. Morton, Mfr. Representative P.O. Box 880607 Port Saint Lucie, FL 34986 Ph.772-873-1414 FAX 772-873-6778 PLEASE DELIVER THIS FAX TO: TO: Mr. Don Pauley COMPANY: St. Lucie County Road & Bridge FAX: 772-462-2363 ************************************************************************ FROM: Michael Morton FAX: 772-873-6778 MESSAGE: Attached is the sole source letter from HTC manufacturing Company and a q uotation/proposal for the Model 2000 Conveyor and attachments, Please give me a call jf you have any questions or you can e-mail meathtcrep@htcplus.net. PAGES SENT (including cover page): 3 DATE: 02/01/07 IF YOU DO NOT RECEIVE ALL PAGES TRANSMITTED PLEASE CALL 772-873-1414 í' Feb 01 07 10:15a , , MICHAEL MORTON 772-873-6778 p.2 H. T.C., Inc. 1903 13th Street Mirford, (owa 51351-1388 FAX 712-338-4854 1-800-348-4403 www.htcconveyors.com January 29,2007 RE: HTC ModeJ 1800 & Model 2000 Source To Whom It May Concern: I am writing to confirm to you that Michael Morton of Port Saint Lucie, FL is the sole manufacturer's representative of our HTC Model 1800 & Model 2000 shouldering machines and attachments in the State of Florida. Orders placed with him are factory direct. HTC, Inc. is the sole manufacturer of a shouldering machine of this size, to the best of our knowledge. If you have any questions or I can be of further assistance, please feel free to contact me at the numbers shown above. We appreciate your business. Sincerely, H.T.C.,lnc, Valerie Watters President VW/d Ie Feb 01 O~ 10:15a MICHAEL MORTON 772-873-6778 p.3 H T C HYDRAULIC TRUCK CONVEYOR, INC. Michael R. Morton, Mfr. Representative P. O. Box 880607 Port Saint Lucie, FL 34988 Ph.772-873-1414 FAX 772-873-6778 QUOTA TION/PROPOSAL DATE: 02/01/07 FAX: 772-462-2363 PH: 772-462-2717 TO: Attn: Mr. Don Pauley Road & Bridge Manager Saint Lucie County Road & Bridge 3071 Oleander Ave Fort Pierce, FL 34982 QTY DESCRIPTION SUG RETAIL PRICE SALES PRICE 1 ea. Model 2000 Conveyor $15,637.00 $15,637.00 1 ea. 2' Hydraulic strike-off wing 6.126.00 6,126.00 1 ea. Model 20P23DK Diesel Power Unit for Hydraulic Strike-off Wing 8.169.00 8,169.00 1 ea. John Deere 644H hitch with Hitch Master $2,271.00 $2J271.00 1 ea. Operator Platform 321.00 321.00 $32,524.00 $32,524.00 Freight to 34982 $2.162.50 Total Delivered Price $34,686.50 Above price good for 30 days Approximate delivery - 2 weeks from order date SIGNATURE ~;e~ Michael R. Morton I Mfr. Representative H. T.C., Inc. 1903 13th Street Milford, Iowa 51351-1388 FAX 712-338-4854 1-800-348-4403 www.htcconveyors.com MODEL 2000 SPECIFICATIONS FRAME: Shall be welded tubular, formed combination construction, not less than 2800#, with 1.5 cubic yard hopper capacity. Overall width 123", height 42", length 65". Truck clearance on front of hopper 26" high. Hand adjustable flow gate or for large materials the end plate may be removed for unrestricted flow. CONVEYOR: Two hydraulic motors, driving two 6" diameter, lagged pulleys, ten 4" idler pulleys. All idler pulleys are equipped with greaseless bearings and have C- Section , V -Groove in center. BELT: Heat and oil resistant. 18" wide, 2-ply, 220# per square inch tensile strength, 3/16" top cover, 1/16" bottom cover, with C-Section, V-Belt molded in the center. Resists heat to 350 degrees, Fahrenheit. MOTORS: Two 14 cubic inch displacement hydraulic motors. TRUCK PUSH: Four - 2 7/8" diameter, 24 inch long rollers with sealed bearings attached to a pivoting beam to allow for truck misalignment. Push beam adjusts 8" (in/out). WHEELS: Four heavy-duty swivel casters with dual 8" Diameter, 3" wide cast iron wheels with polyurethane molded to them. HOOK-UP: Versatile mounting design allows it to be mounted to various graders, loaders or tractors with minimal mounting time. H.T.C., Inc. 1903 13th Street Milford, Iowa 51351-1388 FAX 712-338-4854 1-800-348-4403 www.htcconveyors.com MODEL 2000 POWER DNIT SPECIFICATIONS PUMP: Direct engine driven pump, rated at 20 GPM. ENGINE: 30 HP Kubota Gas, water cooled 3 cylinder or 30 HP Kubota Diesel, water cooled 4 cylinder. Includes: 12 volt electric starter-alternator battery system, with voltage and current regulator, muffler, variable speed govenor, air cleaner, oil filter, fuel filter, and 18 gallon fuel tame HYDRAULICS: 30 gallon reservoir with filter and suction strainer. H.T.C., Inc. 1903 13th Street Milford, Iowa 51351-1388 FAX 712-338-4854 1-800-348-4403 - - www.htcconveyors.com HYDRAULIC WING SPECS State of the art valve manifold with load sensing on all functions, incorporating the possibility of having four cylinder functions and also combining and dividing the flow between two drive motors. All functions including reversing the belt are controlled by electro-hydraulic actuation of the valves, which in turn are controlled in a 6 switch pendant control. The hydraulic system is able to run either open or closed systems with change over taking only minutes. Fully hydraulic wing has cylinders to adjust the height, slope and width. All cylinders have ball checks to eliminate unwanted movement of the wing once it is set. All ports in the valve, motors and cylinders are o-ring to eliminate leakage. The pendant control is on a 25' cable, making it possible to run all functions of the conveyor anywhere within 25' of the machine. With the addition of the optional fifth valve, the pendant control also runs the hydraulic truck hitch. All hoses are securely clamped with non-slip hose clamps. The electrical system is turned on and off through a key switch. Also included in the system is an oversized oil cooler with 12 VDC fan for optimal oil cooling and non-stop running. Wing measurements are 21" x 78" with an end plate measuring 21" x 36". A scraper plate is also a standard feature which has rubber scrapers to scrape the belt and also the road to keep the material off the road surface. H.T.C., Inc. 1903 13th Street Milford, Iowa 51351-1368 FAX 712·338·4854 1-800-348-4403 www.htcconveyors.com TWO-FOOT WING OPERATING INSTRUCTIONS The two-foot wing has a total movement of 12". in and out. When set up for narrow width it starts out at 1 foot out and can extend out to 2 feet. When it is set up for wider width it starts out at 2 feet and extends out to 3 feet. Set up for narrow width, Part #462 is bolted to the end of #463 'and the long scraper #480 is bolted to both. When set up for wider width, Part #462 is bolted between #461 and #463 with the short scrapers #466 and #467 being used instead of #480. When swapping between the 6 foot Hydraulic Wing and the two foot wing, Part #473 for the two foot will be swapped for Part #407A on the 6 foot wing. The hoses that go to the 24". cylinder on the 6 foot wing will be transferred to the 12" cylinder on the two foot wing. There is a ball check in the valve manifold that holds the cylinders from extending on their own. f~r this reason' it is /' important the same hose that is on the rod-end of one cylinder be reinstalled on the rod-end of the other cylinder. The cylinder rod-end hose goes to the port stamped C8 on the valve manifold. When swapping between the two different wings, the width control switch on the pendent control will be backwards (OUT will be IN, and In will be out). This is caused, because the cylinder on the 6 foot wing is extending to bring the wing in, and the cylinder on the 2 foot wing is retracting. If you want to make the switch on the pendant control read right after swapping wings, you have to swap the green and red wires that connect on the terminal block across from the black-black and the black-white wires. These are located in the main electrical box between the valve manifold and the oil cooler. Twoftwg.wps - Page 22A H.T.C., Inc. 1903 13th Street Milford. Iowa 51351-1368 FAX 712-338-4854 1-800-348-4403 www.htcconveyors.com MODEL 2000 OPERATING INSTRUCTIONS Pressure to conveyor motor should be 2000 to 2200 PSI maximum pressure and 20 gallons per minute. All Hydraulic Truck Conveyors come standard equipped with a 2-ply heat and oil resistant belt, able to withstand temperatures of 350 degrees. An alignment V- Belt is molded to the underside of the belt and runs in V-Grooves in all pulleys. Check alignment of the belt by observing the drive pulleys for any rippling of the belt, caused by the V-Belt travelling out of the groove in the pulley. If any rippling IS noticed, tighten the adjusting bolt on the side the belt is travelling toward. Belt tension should be checked at regular intervals. Proper tension is checked by observing the belt at the bottom of the conveyor frame in the center. The belt should not rub the conveyor frame tubing. If adjustment is n~cessary make sure to tighten both sides evenly and check alignment when finished. DO NOT OVERTIGHTEN!!! Conveyor should be empty and in raised position for travel to or from the job site. Maximum speed when conveyor is down is 15 MPH! To convey a greater volume of large chunky material. the end plate and door may be removed The wheel bearings and the bearings on the drive pulley should be greased after 8 hours of operation. Hook the endgate of the truck box so it will clear the back of the conveyor hopper when the box is fully raised. Due to varied positions of the dump box on the truck frame, (in relation to the rear axle), It may be necessary to install a lip on the back of the box to prevent spills In front of the conveyor. The push beam on the front of the conveyor is adjustable in and out 8 inches allowing for the use of trucks with varied wheel positions. When adjusting the main beam pivot, be sure to move both pivot stops to their appropriate locations. 20000PER.WPS - Page 4 H.T.C., Inc. 1903 13th Street FAX 712-338-4854 Milford. Iowa 51351-9502 1-800-348-4403 E-mail htc@ncn.net " MODEL 2000 WARRANTY Dealers have the responsibility of calling to the attention of their customers the following warranty prior to acceptance of an order from that customer for any H.T.C., Inc. product. H.T.C., Inc. warrants to the original purchaser for use that, if any part of the product proves to be defective in material or workmanship within one year from date of original installation. and is returned to H.T.C., Inc. within thirty days after such defect is discovered, H.T.C., Inc. will (at their option) either replace or repair said part. This warranty does not apply to damage resulting from misuse, modification, neglect, accident, or improper installation or mainten~nce. Said part will not be considered defective if it substantially fulfills the performance specifications. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND OF ANY OTHER TYPE, WHETHER EXPRESSED OR IMPLIED. H.T.C., Inc. neither assumes nor authorizes anyone to assume for it any other obligation or liability in connection with said part and will not be liable for consequential damages. All hydraulic pumps are warranted by their manufacturer and not by H.T.C., Inc. Electrical or hydraulic components are not to be disassembled without the express written permission of H.T.C., Inc. Defective parts returned to H.T.C., Inc. must be accompanied by the following "information: Conveyor Model. Serial Number, Date Installed, and Dealer from whom it was purchased. Purchaser accepts these terms and warranty limitations unless the product is returned within fifteen days for a full refund of the purchase price. 2000Wrt)'.dOC h NWe Listen We Care, We Perform" 2200 N. Kings Hwy. Ft. Pierce, FL 34951 Tel: (772) 464-3255 Fax: (772) 464-3256 RETAIL PURCHASE ORDER 1486 ButhlJrn Track & pump CUSTOMER NAMI:: S+- LVt;...'oL (.(N.-. y ,. ~_J. + ß.'\.~ OAT!: 1-2)'- 01 ~p o oNe~t~"'~S-Jl :l1 n{) \. t-r..... .A...... &u..... ¡-.J- ,~ PL 7L/t1. ý~ ~)- i.. ve- ""'- S II.jEET OR ROUTE NO,", . CITY STATE ZIP )UNTY QTY NE!W1\ISéIJ MODEL SERIAL. NUMIIIIR UNIT' DESCRIPTIOI'! AMOUNT . I Ntw Ö(P~bD4') II t i_. ~_ __ ï'::!'Ì' SI . ,.. ~ $~ ot'l ~ r ~ - .rl" u I.I . ~.+ ¡V/l_ Il\dl.l i)t.- U. I DILL OF SALE FOR I>"OPERTVTAK ¡N IN TRADE TOTAL CASH $ pmcli For YIIIUG reoalved !/we h.~~ Þftra"~ and ..II. munt and døllvo. 10 CEALER n.!NId - TRADE IN $ MAIŒ MODEL SERIAL I'!UNlElEFI ÞESCIUI"TJON AMOUNT 'ÀL.LOWANCI:i S 'tRADE $ DIFFERENCE SAL.ES TAX $ ~ TOTAL DUE $ CASH SU8rJ11T'TeD . S WITH OFlDeR lIWe herebY œrtlfy 11In' Iha,. '" no Hen. claim, deDI, mQlIDI'II". u, incumbrance 01 any kind, MIUra ar.dlHlèripuon TOTAl. $ CASH DUe $ '5f1 '-1 ;- ft l\lml 111;" P"'P",I~ nOW exlsllng. 01 record I)' alhaMia". and 11181 øame Ialr90 and dr...' ,,"d 1/1 my/our sclo and TRADE IN ON DfU\lERY ,,¡"'aluIB properlY. ALLCIWAI'IŒ AMOUNT TO BE SlaNED: ANANCED 'IF ANYI $ ~ PURCHASER'S REQUEST TO·PROVIDE FINANCING (TO BE COMPLETED ONLY IF DEALER IS TO PROVIDE FINANCING) The purchaser understands that the above Retail purchase Order is on a cash price basis. The dealer will, however, attempt to provide financing for such purchase if purchaser so requests.. pursuant to B separate finance contract on a mutually acceptable terms, subject to normal credit qualifications. THE PURCHASER'S SIGNATURE AT THE BOTTOM OF THIS PARAGRAPH ACKNOWLEDGES THAT THE PURCHASER HAS REQUESTED THE DEALER TO PROVIDE SUCH FINANCING. Purchaser's Signature EQUIPMI:iNT SAFETY CHECK 1. ALL GUAROS IN PLACE AND pOlms OF DANoeR PROTECTED. 2. EaUIPMENT MOPII"IED Ol~ ALTERED (GIVE DETAILS AND DATE ON REVERSE stOlZ). 3. INSTRUCTION aOOKLt=T PROVIDED. 4. OÆI:tATING INSTRUCTIONS GIVEN. 5. CUSTOMCR ReFUSES ROLlBAR. I UNDERSTAND FUI.LV TI~':: OÞERATION OF THIS PIEC¡; OF ~QUII"MENT. YES NO o 0 00 00 o 0 DO WAßRANTY PROVISIONS UNDËR ANY OFTHE BELOW LISTËD WARRANTIES IT IS STILL THE BUYER'S RESPONSIBILITY FOR ANY REPAIRS WHICH RESULT FROM ACCIDENTS, MISUSE OR NEGLIGENCE. ALL WARRANTY PROVISIONS ARE EO.D. OUA PLACE OF BUSINESS. THERE 1$ NO WAr:lflANTY GIVEN BY plOALEA FOR TIRES. BATTERIES OR ACCESSORIES. o SOLD USED AS IS. NO wAARAN1Y OF ANY I<INO HAS BEEN GIVEN BY THE DGALER Ol~ HIS AGENT. o SOLD USED WITH 50.50 WARRANTY. THE DEALER 'II:REBV aUARANTEES THIS (TNCSE) MAOHINE(S) FOR . DAVS FROM DATE OF PCUVeAY. WITH THE UNDERSTANDINO THAT NECESSARY C~~~K REPAIRS MADE IN THAT PI;RIOD OF TIME WILL BE CHARoeD HALF 10 THE BUYER AND HALF TO THE DEALER OF THE "aTAL RETAIL co..crr OF pARTS AND LABOR USED. DRIVË TRAIN ONLY· ENGINE, -mANS. & REAR END. o SOLO NEW WITH THE MANUFACTURER'S STANDARD WARRANTY. X o TO e!; IN OOOD WORKING ORDeR ON DELIVERY. CUSTOMER SIGNATURe DATE Purchasor has read an of the provisions on both tho face and reverse side of this RETAIL. PURCHASE ORDER. Including the reference to warranty, as printed. concerning TractorS. Equipment, Consumer Products, and specifically the dealer disclaimer of wtlrrantY on new units which appears on tile reverse. Purchaser agrees that all such provisions are part of this Order and that this order supersedos any prior agreement and is the complete and exclusive agreement on the subject mauers coverod by the Order. Purchasor's signature hereto ACKNOWLEDGES THAT HE HAS RECEIVED AND READ A COPY OF THE APPLICABLE WARRANTY. THIS ORDER IS VALID ONL.Y WHEN SIGNED AND A FINANCE SOURCE AGREES TO PURCHASE A RETAIL INSTALLMENT CONTRACT BETWEEN THE PURCHASER AND THE DEALER BASED ON THIS ORDER. Purchaser certifies he is of majority age and has received a true copy of this Order. CANARY; cusrOMER COpy PINK: SAL£SMAN COPY I HIM! READ AND UNDERSTAND '!'HE TERMS OF'T11E MANUFACTUREfI'S WARFlANTY_ DATE Q~O~ ACCEPTED BY: ' ----- (DEALER'S SlGNAlVREI PURCHASER'S SIGNATURE SALESMAN WHITE: DI:AL.eR copy 2:00/2:00'd 992:8 v8v 2:¿¿(X~~) dwnd ~ ~~e~l u~ay+nos 99:80 (nHl)¿002:-92:-N~r JRN-29-2007 13:10 FROM:SUNRISE-TRR 7724896167 TO: 4622363 P:2 _a I\EW HOLLAN) SUNRISE!TRACTOR & EQUIP . ENT, INC. 9901 OK t;CHOBEE ROAD FT. PIE~R.~E' FL 34945 772 ~61-3747 'i FAX 7 ~.-489-6157 .' CELL 711~-370-1560 INDUSTRI1AL PROPOSAL " :i 6UVËF! ~ i CONTACT DATE ST. LUCIE COUNTY ROAD AND BRIDGE :; BURT SALEEBY 1-29-07 STREET :j PHONE " 3071 OLEANDER AVE ,', , 772-462-2511 :1 :! CITY STATE Zip COD ~: FAX RECORD NO. FT. PIERCE FL 34982 :: 772-462-2363 2470-07 QTY MAKE MOl)¡¿L SERIAL NO DESCRIPTION PRIce EACH EXTENDED 1 SWEEPSTE~ QCSS6 TBD NEW ~2tt ALL HYD. DRIVE ROTARY $5,027.00 $5.027.00 SWE ÞER WITH SINGLE HYD MOTOR $0,00 FOR ijvD. SYSTEMS FROM 12-25 GPM, $0,00 HYD~YL WITH 72" HOSES FOR $0.00 'I ANG Ë CHANGE (LOADER MUST BE $0.00 EQUI~ED WITH SECOND VALVE) 32" $0.00 DIA.1 ,2 POLY /1/2 WIRE BRUSH, 180 $0.00 DEG. !!iOOD, UNIVERSAL SKID STEER $0.00 ATTA iHMENT, AND ALL OTHER $0.00 STAN ~ARD EQUIPMENT. $0.00 :1 $0.00 " :' ., $0.00 " I SUB TOTAL $5,027.00 :ì TRADE D1SCR'PT'ON QTY MAKE MODEL SER AL # TRADE AMOUNT LIEN AMOUNT NET TRADE ,; :1 $0.00 $0.00 ~ ! $0.00 :¡ COMMENTS OR SPECIAL INSTRUCTIONS 1\ TRADE TOTAL $0.00 !: " SUB TOTAL $5,027.00 :1 'i :: 0.00 % TAX EXEMPT 11: CJ cKs. DOWN PAYMENT THIS PROPOSAL MAY BE WITHDRAWN BY us IF NOT ACCEPTED WrT1-lIN ~ ! BALANCE DUE $5,027.00 DEALER AI'I'I'tOV^1. ALL MATERiAl IS GAUAANTliF.;D AS SPECIFIED. All WORK IS TO Be DONe IN A WORKMANSHIP liKE MANNER ACCORDING TO STAND....RD SPECIFICATIONS. ANY ALTERATION OR DEVIATION FROM-ABOI!1: SPECIFlCATIN5 RESUl1"1NG IN EXTRA COST$ Will BE EXECUTED OM. V UPON WRITTEN ORDERS, AND wIl.l eF.COME AN EXTRA CI'IARGE OVER AND A<lOvE THE ESTIMATE. All AGREEMENTS CONTINGENT UPOU STRII<E3, ACCIDENTS. OR. ce~AY$ BEYOND OUR CONTRQI,. OWNER TO CARRY FIRE. TòRNAI)O AND QTHER NECESSARY INSURANCE. OliR WORKERS ARE FULLY c;OVEf¡¡;D BY WORKMEN'S COMPENS....TION INSUAANÇ¡:. AUTHORIZE'.D SIGNATURE Rentals . Sales. Parts · Service ~_""'_~_"___""""'~H~'Y_"________'_ 5377 Mcintosh Road, Sarasota, FL 34233· Phone: 800-940-2727· Fax: 941.552.5191 To: st Lucie County AlTN: Buddy Fax: 772-462-2363 Phone: 772-462-1811 From: Steve Date: 01-25--07 -"'-. Pages: 2 Re: Sweep Broom For ASV RC 100 [] Urgent o For Review [] Please Commont x Please Reply o Please Recycle . Comments: Price Quote o~ HYdraul~ Angle Broom ~ Mdl#21084MN Brand. Sweepster ~IIPñce $62500 Thank you Steve Gilbert 941-552-5191 fax www.asaprent.com "j;/¡:'d £9£229Þ2¿¿ : 0.L :wo~~ 0Þ:S0 ¿002-S2-N~r 01/25/2007 14:45 3054772024 KELLY TRACTOR PAGE 01/01 St. Lucie County Road & Bridge 3071 Oleander Avenue Ft Pierce, FL 34982 A Tm: Burt Saleeby Ph: 772462-2511 Fax: 772462-2363 25-Jan-07 o"_'¿~_ "?:,>' ',:. ,!::':~',,' ~.""~;'~~O~j~ CAT :~:¡:--~J '(.... -. r.......<!- - .... <-; -. ~.....- .~.{, ".,:~ ">, þ:'lç.-"'f(;.-\~ LrJ.'::~~ ~,.,'~-, REF: Skid Steer Attachment Quote 241~8236 BROOM, HYDRAULIC ANGLE, BA18 ....................... $8,306 HYDRAULIC Angling - 31 degree left or right of center Hydraulic angle change with electrohydraulic valve 91" (2311mm) ,overall width 84" (2134mm) sweeping width - straight 67" (1702mm) sweeping width - angled 32" (813mm) brush diameter Brush material - 50% polypropylene / 50% steel wire Four heavy duty storage stands Includes - hydraulic lilies with quick disconnects, mounting bracket and hardware REQUI RES: Control, Work Tool, Electrical ( order with machine) FOB ~ Kelly Tractor, West Palm Beach Greg Bennett Governmental Sales Representative 305-592-5374 ext 1121 Cell 786-229-7037 Fax 305-477-2024 /" . ITEM NO. C5c DATE: February 27, 2007 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] SUBMITTED BY (DEPT.): ROAD & BRIDGE DIVISION (4110) PRESENT~. ~ .~ Donald Pauley ~. Road & Bridge Manager TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Approve Bid Waiver to purchase two Dump trucks (EQ07-241 and EQ07-242) in the amount of $85,541 each from Rechtien International. BACKGROUND: The Road and Bridge Maintenance Division were approved to purchase two 16 CY Dump trucks in the 2006-07 Budget. Per the purchasing manual Section 5.5 - Bid Waiver, Bid Waivers are allowed if quotations indicate that the item may be purchased for a price which is less than the price if purchased through the State Contract. We received a quote from Sun State International in the amount of $1 03,128.08 for each of these trucks. This quote is based off the Florida Sheriffs Association contract (06-14-0821). We also received a quote from Rechtien International in the amount of $85,541 for each of these trucks. Purchasing these Dump trucks from Rechtien International will allow a savings in the amount of $17,587.08 for each truck. Rechtien International has these trucks available on site, Trucks are normally ordered when purchased from the Florida Sheriffs Association contract. FUNDS ARE AVAILABLE IN: 101002-4110-564000-400 Capital Equipment & Machinery PREVIOUS ACTION: EQ07-241 and EQ07-242 were approved in the 2006-07 Budget. RECOMMENDATION: Staff recommends that the Board approve a Bid Waiver to purchase two Dump trucks (EQ07 -241 and EQ07- 242) in the amount of $85,541 each from Rechtien International. COMMISSION ACTION: CONCURRENCE: k.] APPROVED r] OTHER [ ] DENIED Approved 5-0 ~. ... [x] County Attorney Iß [x] [x] Finance ~f~ [x] [x] Road & Bridge Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. f · c. After receipt and review of the form, the Purchasing Department shall assist the Requisitioning Department in selecting a vendor for the requested item or service through informal quotations as provided in Section 7.2 or formal quotations as provided in Section 7.3 of this manual. Other purchasing procedures, such as formal quotations or formal sealed bids, may be used to select a vendor if the Purchasing Director deems such procedures appropriate for a particular purchase or group of related purchases. d. If there is a sole source for an item under $25,000.00, the requirement for formal/informal Quotations may be waived by the Purchasing Director. However, written documentation by the Requesting Department Director shall be required and filed with the purchase order. e. After selecting a vendor for the purchase, the Purchasing Department will complete the purchase award process. 5.4 OUTSIDE PURCHASES OF ITEMS OF $25.000.00 OR MORE Items of $25,000.00 or more shall be acquired through Formal Sealed Bids approved by the Board of County Commissioners or under a State Contract, or Federal General Services Administration Contract pursuant to Chapter 287, Florida Statutes. a. To acquire items or contracted services of $25,000.00 or more, a Department Director shall prepare a memorandum requesting the purchase and submit it to the Purchasing Department along with any necessary applications. The memorandum must be signed by the Department Director. b. After receipt and review for completeness, the Purchasing Department will prepare a request for Formal Sealed Bids and follow the procedures set forth in Section 7.4 of this manual. c. After a vendor has been selected by the Board of County Commissioners pursuant to Section 7.4 of this manual, the Requesting Department will prepare a REQUISITION form for the purchase and submit it to the Purchasing Department. d. After receipt and review of the form, the Purchasing Department will complete the purchase award process. e. Professional services for $25,000.00 or more may require a Request for Proposals (RFP) as set forth in Section 10.3. 5.5 BID WAIVER Certain purchases of $25,000.00 or more shall be acquired through quotations if there is a Waiver of the requirement for formal sealed bids by the Board of County Commissioners. a. The Waiver of formal sealed bids may be requested: 1. If an emergency exists which would result in a direct loss to the County or imminent damage to public safety or health by requiring competitive bids due to the time loss inherent in the bidding procedures. 2. If there is only a single source for a purchase. 28 3. If used items are available which would result in a substantial savings over purchase of new items. 4. If the request is for a service contract for the maintenance, repair, or servicing of existing facilities or equipment owned or leased by the County. 5. If quotations indicate that the item may be purchased for a price, which is less than the price if purchased through State Contract as, provided by Chapter 287, Florida Statutes. 6. If the product is available from the State Department of Corrections Non-Profit Corporation for Correctional Work Programs organized under Chapter 946, Florida Statutes. b. For Bid Waivers on items of $25,000.00 or more, a Department Director shall prepare and submit to the Purchasing Department a memorandum requesting the waiver, stating the reason for such waiver and detailing the facts, circumstances, and conditions for the waiver. The memorandum must be signed by the Department Director. c. After receipt and review, the Purchasing Department will recommend either to approve or to disapprove the request for a bid waiver. 1. If approval is recommended, the request will be submitted to the County Administrator via an agenda request to the Board of County Commissioners. 2. If disapproval is recommended, the request will be returned to the Requesting Department. 3. Any dispute between the Purchasing Department and the Requesting Department shall be resolved by the County Administrator. d. The County Administrator shall submit all recommended bid waiver requests to the Board of County Commissioners for their consideration. e. If the bid waiver request is approved by a majority of Board of County Commissioners present at a regular or special meeting, the Purchasing Department may proceed to acquire the requested items or services. If rejected, the item shall be advertised for sealed bids. 5.6 EXEMPT PURCHASES OF $25.000.00 OR MORE Certain purchases, even if $25,000.00 or more, shall be exempted from the requirement for Formal Sealed Bids approved by the Board of County Commissioners. a. These exempt purchases are as follows: 1. Intergovernmental Purchases among County Departments. 2. Intergovernmental Purchases from other government agencies. 3. The purchase of petroleum products and utility services, including but not limited to water and sewer, electric, telephone, etc. 4. The purchase of items under State Contract, General Services Administration Contract pursuant to Chapter 287, Florida Statutes, once approved by the Board during the budgetary process. 5. The acquisition of Professional Services acquired in accordance with Section 10. 29 r ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006·2007 DEPARTMENT: PUBLIC WORKS NO REVISED JUSTIFICATION: This dump truck will replace a 2001 Freightliner Dump Truck ( PR# 40-4545) with approximately 175,000 miles on it. This truck is starting to show major wear and it is our recommendation that it be replaced this year before any major expenses are incurred. The old dump truck will be sold at auction and the funds will be placed in the Transportation Trust Account. This truck can be bought from the Florida Sheriffs Contracts. We have been advised of a $15,000 increase in motor emissions cost Jan 2007 alone. There may be more for the steel and rubber used in these trucks. Maintenance and Drainage Sections have used our fleet of dump trucks for projects that require them to work in rough terrain conditions. These trucks were purchased for 90% usage on hard road surfaces. We are expecting high maintenance costs to start occurring because of this type off road work conditions required by these projects. JUJPMENT REQ#: EQ07-241 ACCOUNT#: 101002-4110-564000-400 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 r· I I I I 'I DEPARTMENT: DIVISION: PUBLIC WORKS RECOMMENDED: X YES REVISED JUSTIFICATION: This dump truck will replace a 2001 Freightliner Dump Truck (PR# 40-5080) with approximately 155,000 miles on it. The Maintenance Department has spent approximately 22,000 dollars in the last 5 years and is starting to show major wear. It is our recommendation that it be replaced this year before any major expenses are incurred. The old dump truck will be sold at auction and the funds will be placed in the Transportation Trust Account. We have been advised of a $15,000 increase in motor emissions cost Jan 2007 alone. There may be more for the steel and rubber used in these trucks. Maintenance and Drainage Sections have used our fleet of dump trucks for projects that require them to work in rough terrain conditions. These trucks were purchased for 90% usage on hard road surfaces. We are expecting high maintenance costs to start occurring because of this type off road work conditions required by these projects. ~UIPMENT REQ#: EQ07-242 ACCOUNT#: 101 002 -411 0-564000-400 R~CHTIEN INTERNATIONAL TRUCKS, INC. DATE 5.S.i-TIN L 02/12/07 RETAIL ORDER FOR NEW AND USED PURCHASER ST. LUCIE COUNTY MOTOR VEHICLES AND ATTACHMENTS COMPANY ROAD AND BRIDGE DIVISION SELLER Kecbtíen TnternatIonal TruckS ADDRESS 3071 OLEANDER AVE. CITY AND STATE 1999 N. U.S.1 Fort Pierce FL. 34950 city Fort Pierce COUNTY 772-462-2717 SELLER NUMBER 329 APPROVAL NUMBER Larry Fryer state,zip FL. 34982 PHONE 772-462-2369 I hereby order from you. subject to all terms, conditions and agreements contained herein. and the ADDITIONL PROVISIONS printed on the REVERSE hereol. the following: Year New Used Make Model Serial or Idenification number Body Type Color Price 2007 New INTL 7500 1 HTWNAZT97 J467004 DUMP White $ 85,541.00 . YEAR SHOWN IS THE YEAR DESIGNATED BY MANUFACTURER UNDER ITS PROCEDURES AS THE "YEAR" TO BE APPLIED TO VEHICLE FOR TITLING & REGISTRATION PURPOSES TERMS are cash on delivery (Item 7 below) unless Items 8 through 11 are completed as applicable. Delivery of this purchase to be made at on or about OTHER 1. CASH PRICE $ 85,541.00 EaUI PMENT 2. SALES AND OTHER TAXES ~ T $ - TRADE-IN 3. CASH PRICE PLUS TAX $ 85,841.00 MAKE NONE 4. CASH DOWN PAYMENT YEAR-MODEL TRADE-IN (NET ALLOWANCE) I CHASSIS NO. TOTAL DOWN PAYMENT BODY TYPE 5. UNPAID BALANCE OF CASH PRICE $ 85,541.00 I ALLOW ANCE 6a. PHYSICAL DAMMAGE INSURANCE IF ANY' 6b. CREDIT LIFE INSURANCE AL' .....'A:A~;..:~- 6e. DISABILITY INSURANCE PHYSICAL DAMAGE INSURANCE COVERAGE 6d. CREDIT LIFE INSURANCE PHYSICAL DAMMAGE INSURANCE IS REQUIRED UNLESS SELLER INITIALS HERE ( ). THE 6e. LICENSE & TITLE FEES PURCHASER MAY CHOOSE THE PERSON THROUGH WHICH THE INSURANCE IS TO BE OBTAINED OR 6f. DOCUMENT PROCESSING FEE PROVIDE SUCH INSURANCE THROUGH AN EXISTING POLICY (SUBJECT TO SELLER'S RIGHT TO REFUSE 6g. OTHER: EPA BATTERY FEE TOTAL OTHER CHARGES $ - TO ACCEPT ANY SUCH INSURER FOR ANY REASONABLE CAUSE). IF PHYSICAL DAMMAGE INSURANCE IS 7. UNPAID BALANCE $ 85,541.00 INCLUDED IN THIS CONTRACT, THE COST OF INSURANCE SHALL BE $ , AS SET FORTH IN 8. FINANCE CHARGE ITEM 6A AND THE FOLLOWING COVERAGES ARE PROVIDED FOR A TERM OF ~ MONTHS 9. TOTAL OF PAYMENTS $ 85,541.00 FROM THE DATE OF DELIVERY. $ DEDUCTIBLE OTHER THAN COLLISION. 10. DEFERRED PAYMENT PRICE 11. PAYMENT SCHEDULE: Purchaser agrees to pay 'TOTAL OF PAYMENTS' (Item 9 aboye) in ~ installments of $ each. and installments of $ each, and ~ installments of $ each, payable on the same day of each successive month commencing * . 20~. And as follows: . IF NO DATE IS INSERTED IN BLANK, THE FIRST INSTALLMENT IS PAYABLE ONE MONTH FROM DATE OF AGREEMENT. 12. CREDIT LIFE ANDfOR DISABILITY INSURANCE ARE !:tQI REQUIRED BY SELLER, buy may be obtained if requested by Purchaser. If a charge is included in item 6b and/or Bc above, it is understood that credit life and/or disability insurance is requested in connection with this contract and the "Purchaser(s)" signing below is the insured and hereby acknowledges receipt of Notice of Proposed Group Insurance, Cerificate of Policy of Insurance containing the terms and conditions of such insurance. 13. DELlQUENCY CHARGES: After maturity. each instalment shall draw interest at the highest rate provided by law. but not to exceed (2) percent per month. Purchaser also agrees to pay all expenses, including reasonable attorney's fees where not prohibited by law, incurred in the collection, by suit or otherwise, of any amount payable under this contract. 14. SECURITY INTEREST: In order to secure payment of the indebtedness contained herein, and for all other amounts due or to become due hereunder and for each and every other indebtedness or obligation now or hereafter owing by Purchaser to Seller, Seller hereby retains, and Purchaser hereby grants, a purchase money security interest under the uniform Commercial Code in and to the above described property sold hereunder, together with all replacements, repairs and accessions thereto. Further, Seller hereby retains, and Purchaser hereby grants, a security interest in the proceeds of any physical damage, credit life and/or disability insurance for which a charge is stated above or which is supplied by Purchaser and, if a charge for any such insurance has been included in this contract, a security interest in the refund of any unearned premiums in the event such insurance is terminated or canceHed for any reason. Purchaser hereby authorizes Seller to fHe one or more financing statements and/or a reproduction of this Retail Order as a financing statement. ' Liability insurance coverage for bodily injury and property damage caused to others is NOT included herein. Purchaser agrees that this contract, including the ADDITIONAL PROVISIONS PRINTED ON THE REVERSE hereof, which he has read and to whiCh he agrees, contains the entire agreement relating to the sale of said property. If cash payment with order is made by check, cashing or depositing the same shall not be considered as an acceptance of this order. NOTICE TO BUYER: 1. Do not sign this order before you read It or if It contains blank spaces. 2. You are entitled to an exact and completely filled -In copy of the order you sign. 3. Under the law you haw the right to payoff In dvance the lull amount due and obtain a partial relund 01 the linance charges based on the "sum-ol-the-dlglts" method (rule 01 78's). 4. Keep this order to protect your legal rights. NOTE: This order is subject to the written acceptance of the dealer to which it is NOTE: IF VEHICLE IS USED, THE VEHICLE(S) IS SOLD "AS-IS" WITH NO addressed. and if addressed to Intemational Truck and Engine Corporation is subject WARRANTY UNLESS OTHERWISE ENDORSED BY SELLER ON REVERSE to written acceptance by its Regional Sales management or Branch Managers. SIDE. Purchasers deposit will be retumed il not accepted. PURCHASER ACKNOWLEDGES RECEIPT OF AN EXACT COpy OF THIS ORDER ACCEPTED: INTERNATIONAL TRUCK AND ENGINE CORPORATION DATE PURCHASER ORDER TAKEN BY BY: X FOR SALES OF MOTOR VEHICLES FOR COMMERCIAL PURPOSES 1 OF 4 Vehicle Information Page 1 of 1 ~ ~':) 'Z/ ISIS ® Vehicle··lnformation Vehicle Information VIN: 1HTWNAZT97J467004 Model: 7500 SBA 6X4 International: HT570340HP/2100 Engine: GOV 50ST ( 0012NRZ ) Application Family: Construction Dump, Basic Application: Construction Dump Wheel Base: 205.0 GVWR: 64000 Order Date: Build Date: 12/11/2006 DTU Date: 01/01/1993 PC Number: J71212029 Warranty Start Date: 01/01/0001 DTU Status: Inventory DTU Odometer: 0 Miles Original Gear Ratio: 430 (~ìProgrammed 430 Ratio: As Of: 12/11/2006 Order Number: 297906 Paint Color Code: 9219 Selling Dealer: RECHTIEN INTL TRKS INC (789669-000) Customer: Address: State Zip: Printed at : Monday, February 12, 2007 11:08:25 AM CST Printed by: Larry Fryer RECHTIEN INTERNATIONAL T Copyright © 2007 International Truck and Engine Corporation https:/ 1 evalue.intemationalde1i vers.coml servicel service_info/vehic1einfo .aspx 2/1212007 r Vehicle Information Page I of 1 d;, \,y ISIS ® Vehicle Information VIN: lHTWNAZT97J467004 GENERAL INFORMATION Application: Construction Dump International: HT570 340HP/2100 GOV Engine: 50ST 0012NRZ Model: 7500 SBA 6X4 ESN: 570HM2U2166784 Customer Name: WARRANTY INFORMATION Order Date: 05/18/2006 Build Date: 12/11/2006 Warranty Start Date: DTU Status: DTU Miles: 0 Miles Standard 0040AMJ WRNTY EXT BAS VEH DSPEC Warranty: 12/UNL Diamond Spec: Yes Time In Service: Service Contract: No UPTIME INFORMATION Open Recalls: No WARRANTY HISTORY (Only upto 5 recent Claim Fail Date Dealer Open AFCs: No Warranty Code Group ¡Mileage I~ There is no warranty history to display for this vehicle. CALIBRATION STATUS Engine Status: Vehicle Calibration Scorecard Minimum Calibration Level: 107 ESC Status: Currently On Vehicle: 115 Serial Number: 0 Electronic X Integration Feature(s) Features: X Custom Logic Printed at : Monday, February 12, 2007 10:51:32 AM CST Printed by: Larry Fryer RECHTIEN INTERNATIONAL T Copyright © 2007 International Truck and Engine Corporation https:// evalue.intemationaldelivers.com/service/service_info/vehicleinfo.aspx 2/12/2007 Vehicle Infonnation ~~, ~ Page 1 of6 ISIS @ Vehicle Information Components VIN : lHTWNAZT17J439519 Class Description Component 1 FRAMES 0001CBU 2 FRAMES 0001GBP 3 FRAMES 0001LLA 4 FRAMES 0001 WAC 5 FRAMES 0001WGX 6 FRAMES 0001570 7 FRONT AXLES 0002ARZ 8 FRONT SUSPENSIONS 0003ADG 9 FRONT SUSPENSIONS 0003770 10 BRAKES 0004AZA 11 BRAKES 0004EBD 12 BRAKES 0004NCE 13 BRAKES 0004SBC 14 BRAKES 0004091 15 BRAKES 0004193 16 BRAKES 0004619 17 BRAKES 0004732 18 STEERING 0005CAL 19 STEERING 0005PTB 20 STEERING 0005708 21 EXHAUST SYSTEMS 0007BBD 22 EXHAUST SYSTEMS 0007MAM 23 EXHAUST SYSTEMS 0007SCC 24 ELECTRICAL SYSTEMS 0008GEJ 25 ELECTRICAL SYSTEMS 0008MEZ 26 ELECTRICAL SYSTEMS 0008RGP 175 Components found. Description FRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.125" x 3.580" x 0.312" (257.2mm x 90.9mm x 8.0mm); 480.0" (12192) Maximum OAL FRAME REINFORCEMENT Outer "C" Channel, Heat Treated Alloy Steel (120,000 PSI Yield); 10.813" x 3.892" x 0.312"; (274.6mm x 98.9mm x 8.0mm); 480.0" (12192mm) Maximum OAL BUMPER, FRONT Steel, Swept Back BUMPER EXTENSION, FRONT 4.0" WHEELBASE RANGE 169" (430cm) Through and Including 219" (555cm) , _.. .. ._..._._ '_, ' .. ....~................................,..', .'.',',__'.._,'_______ ,________'_' ,',_ ,,'_'_'___u,___'___'_______',__ _ ...., TOW FRONT Inside Rail, Frame Mounted. AXLE, FRONT NON-DRIVING {Meritor MFS-18-133A} Wide Track, I-Beam Type, 18,000-lb Capacity SUSPENSION, FRONT, SPRING Parabolic, Taper Leaf; 18,000-lb Capacity; With Shock Absorbers SPRINGS, FRONT AUXILIARY Rubber AIR BRAKE ABS {Bendix AntiLock Brake System} Full Vehicle Wheel Control System (4-Channel) AIR DRYER {Meritor-Wabco System Saver 1200} Mounted in Standard Location BRAKES, REAR, AIR CAM 16.5" x 7.0"; Includes MGM TR3030 Long Stroke Brake Chamber and Heavy DutySpring Actuated Parking Brake AIR COMPRESSOR {Bendix Tu-Flo 550} 13.2 CFM Capacity BRAKE SYSTEM, AIR Dual System for Straight Truck Applications BRAKES, FRONT, AIR CAM 16.5" x 6", Includes 24 Sqln Long Stroke Chambers TRAILER CONNECTIONS Four-Wheel, With Hand Control Valve and Tractor Protection Valve, for Truck DRAIN VALVE {Berg} Manual; With Pull Chain, for Air Tank STEERING WHEEL 2-Spoke, 18" Black STEERING GEAR (2) {Sheppard M-100/M-80} Dual Power STEERING COLUMN EXHAUST SYSTEM Single, Horizontal, Stainless Steel Muffler, With Internal Catalytic Converter, Vertical Bright Chrome Tail Pipe and Tail Pipe Guard, Frame Mounted Right Side Under Cab, Outside of Rail, for 2004 Emissions Standards with International Engines TAIL PIPE Turnback Type, Bright Finish. for Single Bright Exhaust ENGINE BRAKE, DLOGIC {Diamond Logic} for MaxxForce 9 / DT570, MaxxForce 10 / HT570 Engines; Combination Engine and Exhaust Brake, Electronically Activated ALTERNATOR {Leece-Neville 8LHP2172VAH} Brush Type; 12 Volt 110 Amp. Capacity, Pad Mounted BATTERY SYSTEM {International} Maintenance-Free, (2) 12-Volt 1850CCA Total RADIO {International} AM/FM Stereo With CD Player, Weatherband, Clock, Includes Multiple Coaxial Speakers, Satellite Radio Compatible TRAILER CONNECTION SOCKET 7-Way; Mounted at rear of Frame, Wired for https:llevalue.intemationaldelivers.com/ servicel service_info/vehicleinfo .aspx 2/12/2007 Vehicle Information 28 ELECTRICAL SYSTEMS 0008MEZ 29 ELECTRICAL SYSTEMS 0008RGP 30 ELECTRICAL SYSTEMS 0008TMG 31 ELECTRICAL SYSTEMS 0008WCL 32 ELECTRICAL SYSTEMS 0008WWM 33 ELECTRICAL SYSTEMS 34 ELECTRICAL SYSTEMS 35 ELECTRICAL SYSTEMS 36 ELECTRICAL SYSTEMS 37 FRONT END 38 FRONT END 39 FRONT EN D 40 MISC 41 SPEEDOMETER, TOOLS, MISC 42 SPEEDOMETER, TOOLS, MISC 43 SPEEDOMETER, TOOLS, MISC 44 CLUTCH 45 ENGINE 46 ENGINE 47 ENGINE 48 ENGINE 49 ENGINE 50 ENGINE 51 ENGINE 52 ENGINE 53 ENGINE 54 TRANSMISSION 55 TRANSMISSION 0008XAH 0008000 0008518 0008718 0009HAD 0009W A Y 0009579 0010WYY 0010060 0010210 0010761 0011MDX 0012NRZ 0012THT 0012UVW 0012UXW 0012VBG 00 12VXT 00 12VYC 0012WYS 0012WYT 0013GHV 0013XAA Page 2 of6 BATTERY SYSTEM {International} Maintenance-Free, (2) 12-Volt 1850CCA Total RADIO {International} AM/FM Stereo With CD Player, Weatherband, Clock, Includes Multiple Coaxial Speakers, Satellite Radio Compatible TRAILER CONNEŒON SOCKET 7-Way; Mounted at rear of Frame, Wired for Turn Signals Combined With Stop, Compatible With Trailers That Use Combined Stop, Tail, Turn Lamps HORN, AIR Black, Single Trumpet, Air Solenoid Operated, Mounted Behind Bumper on Right Rail STARTING MOTOR {Leece-Neville MS2} 12-Volt; less Thermal Over-Crank Protection CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III With Trip Indicators, Replaces All Fuses Except For 5-Amp Fuses ELECTRICAL SYSTEM 12-Volt, Standard Equipment CIGAR LIGHTER POWER SOURCE Cigar Type Receptacle without Plug and Cord GRILLE Chrome FRONT END Tilting, Fiberglass, With Three Piece Construction FENDER EXTENSIONS Injection Molded TPO QUALIFICATION IDENTITY for Diamond SPEC Vehicle PAINT SCHEMATIC, PT-1 Single Color, Design 100 LABEL Emissions, Fuel Economy and Noise. PAINT TYPE Base Coat/Clear Coat, 1-2 Tone CLUTCH {Eaton Fuller EP1552} Easy-Pedal Plus, Two-Plate, Cast Angle Spring; Ceramic, 15.5" Diameter, Soft Clutch 7-Spring Damper, Mechanical Pull-Type Control, With Kwik-Adjust(Manual) Feature, With 3200 Ib Plate Load, 1450 Ib-ft Torque Capacity ENGINE, DIESEL {International HT570 High Torque} 50 State, 340 HP, 1150 Ib- ft Torque @ 1100 RPM, 2100 RPM Governed Speed, # 1 Bell Housing FAN DRIVE {Horton Drivemaster} "Two Speed" Direct Drive, With Residual Torque Device for Disengaged Fan Speed RADIATOR Cross Flow, Series System; 940 Sqln Aluminum Radiator Core and 1025 Sqln Charge Air Cooler FEDERAL EMISSIONS for 2004; for International HT570 Engines AIR CLEANER Dual Element, With Integral Pre Cleaner THROTTLE, HAND CONTROL Engine Speed Control; Electronic, Stationary, Variable Speed; Mounted on Steering Wheel ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body Builder Installation of PTO Controls; With Ignition Switch Control for CEC II Electronic Engines EXPANDED ENGINE TEMP EFFECTS to Allow Higher Engine Operating Temperature Range; Includes Nylon Surge Tank and 15 psi Pressure Cap CHARGE AIR COOLER Heavy Duty, for Increased Temperature and Pressure Capability, for International Engines TRANSMISSION, MANUAL {Fuller RTO(F)-11908LL} 10-Speed Manual, with Double Lo and Overdrive and With Air Shift PTO CONTROL, DASH MOUNTED For Customer Provided PTO; Includes Switch, Electric/Air Solenoid, Piping and Wiring https://evalue.intemationaldelivers.coml service/ service_info/vehicleinfo.aspx 2/12/2007 Vehicle Information REAR AXLES, 0014GRP 56 SUSPENSIONS REAR AXLES, 0014UHK 57 SUSPENSIONS REAR AXLES, 00 14WAL 58 SUSPENSIONS 59 FUEL TANKS 0015SGD 60 CABS, COWLS, BODIES 0016HBA 61 CABS, COWLS, BODIES 0016JNT 62 CABS, COWLS, BODIES 0016PJH 63 CABS, COWLS, BODIES 0016SDG 64 CABS, COWLS, BODIES 0016SDN 65 CABS, COWLS, BODIES 0016SEE 66 CABS, COWLS, BODIES 0016WEE 67 CABS, COWLS, BODIES 0016WJS 68 CABS, COWLS, BODIES 0016WKB 69 CABS, COWLS, BODIES 00 16WKY 70 CABS, COWLS, BODIES 0016WRX 71 CABS, COWLS, BODIES 0016WSK 72 CABS, COWLS, BODIES 0016XWD 73 CABS, COWLS, BODIES 0016000 74 CABS, COWLS, BODIES 0016030 75 WHEELS, TIRES - 0027DHJ FRONT 76 WHEELS, TIRES - REAR 0028DMA 77 WARRANTY 0040AMJ 78 ENGINE MODULE 0070000 79 0427DTP 80 0429DTA 81 0429DTH 82 MISC 0500008 83 BRAKES 0504013 84 MISC 0504058 85 MISC 0504061 86 SPEEDOMETER, 0504104 TOOLS, MISC Page 3 of6 AXLE, REAR, TANDEM {Meritor RT-46-160} Single Reduction, 46,OOO-lb Capacity, With Driver Controlled Main Locking Differential in Rear-Rear Axle and 200 Wheel Ends SUSPENSION, REAR, TANDEM {Hendrickson RT-463} Walking Beam Type 54" Axle Spacing; 46,OOO-lb Capacity With Bronze Center Bushings SUSPENSION/REAR-AXLE IDENTITY for Meritor(Rockwell) Tandem Rear Axles With Bar-Pin Beam Attachment Type Suspensions FUEL TANK Top Draw; D Style, Non Polished Aluminum, 100 U.S. Gal., 378.5 L Capacity, 19.0" Tank Depth, Mounted Left Side Under Cab GAUGE CLUSTER English With English Electronic Speedometer SEAT, DRIVER {National 2000} Air Suspension, High Back With Integral Headrest, Vinyl, Isolated, With 2 Position Front Cushion Adjustment, -3 to +14 Degree Seat Back Adjustment, Single Chamber Air Lumbar Support SEAT, PASSENGER {Gra-Mag} Non Suspension, High Back With Integral Headrest, Vinyl, With Fixed Back MIRROR, CONVEX, LOOK DOWN {Lang Mekra} Right Side; 6" x 10 1/4", With Bright Finish MIRRORS (2) {Lang Mekra} Styled; Rectangular, 7.09" x 15.75", Brackets Breakaway Type, With 102" Wide Spacing, With Integral Convex Both Sides, With Bright Finish Heads and Brackets GRAB HANDLE Chrome; Towel Bar Type With Anti-Slip Rubber Inserts; for Cab Entry Mounted Left Side Only CAB SOUND INSULATION Includes Dash Insulator and Engine Cover Insulator INSTRUMENT PANEL Center Section, Flat Panel AIR CONDITIONER {International Blend-Air} With Integral Heater & Defroster FRESH AIR FILTER for HVAC CAB INTERIOR TRIM Deluxe CAB REAR SUSPENSION Air Bag Type SUNSHADE, EXTERIOR Aerodynamic, Painted Roof Color; Includes Integral Clearance/Marker Lights FLOOR COVERING Transmission Cover, Floor Mats and Seal CAB Conventional WHEELS, FRONT DISC; 22.5" Polished Aluminum, 10-Stud (285.75MM Be) Hub Piloted, Flanged Nut, Metric Mount, 12.25 DC Rims; With Steel Hubs WHEELS, REAR DUAL DISC; 22.5" Painted Steel, 2 Hand Hole, 10-Stud (285.75MM BC) Hub Piloted, Flanged Nut, Metric Mount, 8.25 DC Rims; With Steel Hubs WRTY,LTD, BASIC VEHICLE DSPEC {Diamond SPEC} To 12-Month/Unlimited Mileage; Includes Diamond Emergency Breakdown Service, With 90-Day Towing SALES MODULE IDENTITY TRACKING Reg 142 HVC A AIR TANK LOCATION (2) Mounted Outside Right Rail, Under Cab, On Step Mounting Brackets AIR TANK VOLUME IDENTITY Nominal 6054 CuIn System Capacity SPRING BRAKE MODULATOR VALVE With Relay function ENGINEERING ABS IDENTITY for ABS-6 https:/ 1 evalue.intemationaldeli vers.com/ service/service_info/vehicleinfo.aspx 2/1212007 - Vehicle Infonnation 87 BRAKES 88 BRAKES 89 BRAKES 90 BRAKES 91 BRAKES 92 BRAKES 93 BRAKES 94 BRAKES 95 BRAKES 96 DRIVELlNES 97 DRIVELlNES 98 DRIVELlNES 99 DRIVELlNES 10C DRIVELlNES 101 DRIVELlNES 10~ DRIVELlNES 10~ ELECTRICAL SYSTEMS 10¿ ELECTRICAL SYSTEMS 10~ ELECTRICAL SYSTEMS 10{ SPEEDOMETER, TOOLS, MISC 10ï MISC 1m SPEEDOMETER, TOOLS, MISC 10c SPEEDOMETER, . TOOLS, MISC llC SPEEDOMETER, TOOLS, MISC 111 SPEEDOMETER, TOOLS, MISC 11~ ENGINE 11~ ENGINE ¿ REAR AXLES, 11 SUSPENSIONS ,REAR AXLES, 1 L SUSPENSIONS REAR AXLES, 1 H SUSPENSIONS 11 ï CABS, COWLS, BODIES 1H CABS, COWLS, BODIES 11~ CABS, COWLS, BODIES 12C WHEELS MISC OPTIONS 0504201 0504300 0504396 0504433 0504435 0504441 0504442 0504470 0504471 0506001 0506007 0506008 0506010 0506100 0506102 0506110 0508005 0508010 0508014 0510000 0510002 0510908 0510910 0510926 0510936 0512012 0512017 0514005 0514006 0514012 0516003 0516105 0516106 0529001 Page 4 of6 DRAIN VALVE (1) Manual, With Pull Chain Valve and (2) Petcocks AIR TANK Steel, With Quality Connect Ports AIR DRYER LOCATION Mounted Inside Left Rail, Back of Cab BRAKE LININGS, FRONT {Meritor R403} Non-Asbestos for S-Cam Brake BRAKE LININGS, REAR {Meritor R301} S-Cam Type; Non-Asbestos BRAKE IDENTITY, FRONT {Meritor Q-Plus} BRAKE IDENTITY, REAR {Meritor Q-Plus} DUST SHIELDS, FRONT BRAKE DUST SHIELDS, REAR BRAKE YOKE, TRANSMISSION OUTPUT YOKE, FORWARD REAR AXLE INPUT YOKE, FWD-RR AXLE, REAR OUTPUT YOKE, REAR-REAR AXLE, INPUT or Single Rear Axle Input DRIVELlNE LABOR IDENTITY for Driveline Labor CENTER BEARING, FIRST CENTER BEARING MTG. PARTS BATTERY BOX Steel With Plastic Lid, 18" Long By 30" Wide, 2, 3, or 4 Battery Capacity Mounted Right Side Back of Fuel Tank SOLENOID, AIR ACCESSORY 4-Pak, Electric Operated, Does Not Include an ECU or J1939 Communications TAIL LIGHT LOCATION Tail Lights Located on Inside of Frame Rail BULK MATERIAL SERVICE PARTS ASSEMBLIES ENGINEERING PROGRAM IDENTITY for Red Extended Life Coolant Effects VEPS IDENTITY NGV Programming Requirements for International 16 Engines ENGINEERING PROGRAM IDENTITY 76 Way Connector in lieu of 48 Way VEPS IDENTITY {Bendix} for EC-60 ABS VEPS PROG, ENGINE TEMP CONTROL Engine De-Rate Sequence Starts at 235 Degrees ilo 225 Degrees COLD STARTING EQUIPMENT Intake Manifold Electric Grid Heater, With Engine ECM Control TORQUE ROD FORWARD REAR TORQUE ROD REAR REAR AXLE, LIFT, CONTROLS Cab Effects; When Controls Are Not Provided ACCESS, CAB Driver & Passenger Sides, Two Steps Per Door, For Use With Regular & Extended Cabs Not With 13" Deep Fuel Tanks MIRROR, BRIGHT FINISH EFFECTS Head and Brackets, Both Sides MIRROR, STYLE Aerodynamic WHEEL BEARING, FRONT, LUBE https:llevalue.intemationaldelivers.coml servicel service_info/vehic1einfo .aspx 2/12/2007 Vehicle Information Page 5 of6 121 WHEELS MISe 0529002 WHEEL BEARING, REAR, LUBE OPTIONS 12~ MIse 0530100 TIRES 12~ BODY & CHASSIS 0535001 PAINT COLOR GROUP No. 01 - PAINT 12l BODY & CHASSIS 0535011 IDENTITY STANDARD PAINT COLOR for Internal Order Coding PAINT 12[ BODY & CHASSIS 0535012 PAINT CHASSIS COLOR GROUP Water Bourne Urethane, Standard Chassis Black - PAINT 12{ MISe 0595008 Ese PROG, AIR PRESSURE GAUGE Primary & Secondary, for Air Brake Chassis 12~ MISe 0595009 Ese PROG, ABS BRAKES With ABS Warning Light, With Full Power Hydraulic and Air Brake Systems, Not Including Trailer 12f MISe 0595012 Ese PROG, TRAILER ABS WRN/L TG 12~ MIse 0595014 Ese PROG, PARK BRAKE W/IND LT With Air and Hydraulic Brakes 13C MISe 0595015 Ese PROG, BRAKE SWITCH Preprocessing 131 MISe 0595017 Ese PRG, ENGINE COMPRESS BRAKE 13~ MIse 0595018 Ese PROG, HEADLIGHT Includes Daytime Running Lights, Lights on With Wipers and Flash to Pass 13~ MISe 0595021 Ese PROG, TURN SIGNAL/BRAKE Hazard Lights With Stop Overriding Hazard or Hazard Overriding Stop 13l MISe 0595022 Ese PROG, AIR HORN With or Without Auxiliary Air horn Switch 13~ MISe 0595023 Ese PROG, ELECTRIC HORN-CITY With and Without Keyless Entry Effects 13{ MISe 0595024 Ese PROG, DOME LIGHT Includes Theater Style Dimming and Keyless Entry Effects 13~ MISe 0595027 Ese PROG, DIAGNOSTICS 13f MIse 0595030 Ese PROG, TRAILER MARKER LIGHT Operates Trailer Marker Lights on With Tractor Parking Lights 13~ MISe 0595031 Ese PROG, IGNITION KEY STATE Keyed or Keyless Ignition 14C MISe 0595037 Ese PROG, CLUTCH SWITCH Preprocessing 141 MISe 0595040 Ese PROG, DIFFERENTIAL LOCK Driver Controlled 14~ MIse 0595041 Ese PROG, POWER DIVIDER LOCK 14~ MIse 0595048 Ese PROG, LOW WASHER FLUID With Indicator Light 14l MISe 0595049 Ese PROG, ELTRN PARM DFLT/SET Required By All Units 14~ MISe 0595052 Ese PROG, FUEL GAUGE/SENSOR Single Fuel Tank or Dual Fuel Tanks With One Fuel Level Sensor 14{ MISe 0595061 Ese PROG, VOLTMETER 14~ MIse 0595063 Ese PROG, SEAT BELT WARNING L T 14f MIse 0595066 T/R DATA, ENG OIL PRESS GAUGE 14~ MIse 0595067 T/R DATA, ENG COOLANT TEMP GA 15C MIse 0595069 T/R DATA, VEHICLE SPEED GAUGE (Speedometer) 151 MISe 0595079 T/R DATA, WARNING LIGHTS 15~ MIse 0595080 Ese PROG, AIR SOLENOID POWER 15~ MIse 0595083 Ese PROG, CRUISE eONT SWITCH State 15l MISe 0595084 Ese PROG, ENGINE FAN REQUEST 15~ MIse 0595085 Ese PROG, GAUGE CLUSTER ALARM Handler 15{ MIse 0595092 Ese PROG, WAIT TO START IND LT 15~ MIse 0595095 Ese PROG, ENGINE STATE https:11 evalue.intemationaldelivers. com/service/service_info/vehicleinfo.aspx 2/12/2007 Vehicle Infonnation 15f MIse 0595102 15~ MIse 0595103 16( MIse 0595104 16] MIse 0595105 16~ MIse 0595112 16~ MIse 0595130 16~ MIse 0595162 16~ MIse 0595179 16{ MIse 0595208 16~ MIse 0595234 16f MIse 0595251 16~ MIse 0595253 17( MIse 0595267 17] MIse 0595295 17~ MIse 0595311 17~ MIse 0595336 17~ 0737213 17~ 0770265 Page 6 of6 ESC PROG, CRUIsE/REseM OUT/HDL Ese PROG, HARDWIRE CON FIG DATA ESC PROG, NETWORK eONFIG DATA Ese PROG, IP CON FIG DATA T/R DATA, NO PRNDL T/R DATA, ENGINE TYPE {International} ESC PROG, OMIT STOP/TURN Diagnostics ESC PROG, PTO LOGIC for Dash Switch, Includes Engage and Disengage Logic T/R DATA, ENGINE SPEED GAUGE Tachometer 4000 RPM ESe PROG, BAIT FEED FUSE DET With Ese #2 Ese PROG, PARKING/MARKER Tail Clear Lights, With or Without Marker Interrupt Switch, Includes 15 amp Fuse ESe PROG, WINDSHIELD WIPER Includes Hi, La and Intermittent Speeds Plus Washer Effects, With Ese2 ESe PROG, PTO SHIFT for Customer Provided PTO, Mounted on Dash, With Programmable Parameters for, Engagement, Disengagement, and Reengagement ESe PROG, WATER IN FUEL LIGHT With J1939, for 2004 International 16 Engines ELECTRICAL SYSTEM CONTROLLER {ESe2} With Hitachi Processor and NVM Ese PROG, REFRIGERANT CONTROL HVAe, With Check Ne Warning Light in Cluster Printed at : Monday, February 12, 200711:10:45 AM CST Printed by: Larry Fryer REeHTIEN INTERNATIONAL T Copyright © 2007 International Truck and Engine Corporation https:llevalue.intemationaldelivers.com/ servicel service_info/vehicleinfo.aspx 2/12/2007 À4 ,f " 8' RECHTIEN INTERNATIONAL TRUCKS, INC. DATE $.S.#-TIN .. 02/12/07 . RETAIL ORDER FOR NEW AND USED PURCHASER ST. LUCIE COUNTY MOTOR VEHICLES AND ATTACHMENTS COMPANY ROAD AND BRIDGE DIVISION SELLER Kecbtlen Internatìonal Trucks ADDRESS 3071 OLEANDER AVE. CITY AND STATE 1999 N. U.S.l Fort Pierce FL. 34950 city Fort Pierce COUNTY 772-462-2717 SELLER NUMBER 329 APPRQV AL NUMBER Larry Fryer state,zip FL. 34982 I PHONE 772-462-2369 I hereby order from you, subject to all terms, conditions and agreements contained herein, and the ADDITIONL PROVISIONS printed on the REVERSE hereof, the following: Year New Used Make Model Serial or Idenification number Body Type Color Price 2007 New INTL 7500 1HTWNAZT17J439519 DUMP White $ 85,541.00 . YEAR SHOWN IS THE YEAR OESIGNATEO BY MANUFACTURER UNDER ITS PROCEDURES AS THE 'YEAR" TO BE APPLIED TO VEHICLE FOR TITLING & REGISTRATION PURPOSES TERMS are cash on delivery (Item 7 below) unless Items 8 through 11 are completed as applicable. Delivery of this purchase to be made at on or ahaut OTHE R 1 . CASH PRICE $ 85,541.00 EQUIPMENT 2. SALES AND OTHER TAXES I $ - TRADE-IN 3. CASH PRICE PLUS TAX $ 85,841.00 MAKE NONE 4. CASH DOWN PAYMENT I YEAR-MODEL TRADE-IN (NET ALLOWANCE) I CHASSIS NO TOTAL DOWN PAYMENT 1 BODY TYPE 5. UNPAID BALANCE OF CASH PRICE $ 85,541 .00 I ALLOW ANCE 6a. PHYSICAL DAMMAGE INSURANCE IF AN"; 6b. CREDIT LIFE INSURANCE A" nw^W'< 6c. DISABILITY INSURANCE PHYSICAL DAMAGE INSURANCE COVERAGE 6d. CREDIT LIFE INSURANCE PHYSICAL OAMMAGE INSURANCE IS REQUIRED UNLESS SELLER INITIALS HERE (--) THE 6e. LICENSE & TITLE FEES PURCHASER MAY CHOOSE THE PERSON THROUGH WHICH THE INSURANCE IS TO BE OBTAINED OR 6f. DOCUMENT PROCESSING FEE PROVIDE SUCH INSURANCE THROUGH AN EXISTING POLICY (SUBJECT TO SELLER'S RIGHT TO REFUSE 6g. OTHER: EPA BATTERY FEE TO ACCEPT ANY SUCH INSURER FOR ANY REASONABLE CAUSE). IF PHYSICAL DAMMAGE INSURANCE IS TOTAL OTHER CHARGES $ 7. UNPAID BALANCE $ 85,541.00 INCLUDED IN THIS CONTRACT, THE COST OF INSURANCE SHALL BE $ ,AS SET FORTH IN 8. FINANCE CHARGE ITEM 6A AND THE FOLLOWING COVERAGES ARE PROVIDED FOR A TERM OF ~_ MONTHS 9. TOTAL OF PAYMENTS $ 85,541.00 FROM THE DATE OF DELIVERY. $ - DEDUCTIBLE OTHER THAN COLLISION 10. DEFERRED PAYMENT PRICE 11. PAYMENT SCHEDULE: Purchaser agrees to pay "TOTAL OF PAYMENTS" (Item 9 above) in _ installments of $ each, and installments of $__ each. and _ instaUments of $ each. payable on the same day of each successive month commencing * _~____, 20__. And as follows: 'IF NO DATE IS INSERTED IN BLANK, THE FIRST INSTALLMENT IS PAYABLE ONE MONTH FROM DATE OF AGREEMENT. 12. CREDIT LIFE AND/OR DISABILITY INSURANCE ARE NOT REQUIRED BY SELLER. buy may be obtained if requested by Purchaser. If a charge is included in item 6b and/or 6c above, it is understood that credit life and/or disability insurance is requested in connection with this contract and the "Purchaser(s)- signing below is the insured and hereby acknowledges receipt of Notice of Proposed Group Insurance, Cerificate of Policy of Insurance containing the terms and conditions of such insurance. 13. DELlQUENCY CHARGES: After maturity. each instalment shall draw interest at the highest rate provided by law, but not to exceed (2) percent per month. Purchaser also agrees to pay all expenses, including reasonable attorney's fees where not prohibited by law, incurred in the collection, by suit or othelWise. of any amount payable under this contract. 14. SECURITY INTEREST: In order to secure payment of the indebtedness contained herein, and for all other amounts due or to become due hereunder and for each and every other indebtedness or obligation now or hereafter owing by Purchaser to Seller. Seller hereby retains, and Purchaser hereby grants, a purchase money security interest under the uniform Commercial Code in and to the above described property sold hereunder. together with all replacements, repairs and accessions thereto. Further, Seller hereby retains, and Purchaser hereby grants. a security interest in the proceeds of any physical damage, credit life and/or disability insurance for which a charge is stated above or which is supplied by Purchaser and. if a charge for any such insurance has been included in this contract, a security interest in the refund of any unearned premiums in the event such insurance is terminated or cancelled for any reason. Purchaser hereby authorizes SeUer to file one or more financing statements and/or a reproduction of this Retail Order as a financing statement. Liability insurance coverage for bodily injury and property damage caused to others is NOT included herein. Purchaser agrees that this contract, including the ADDITIONAL PROVISIONS PRINTED ON THE REVERSE hereof, which he has read and to which he agrees, contains the entire agreement relating to the sale of said property. If cash payment with order is made by check. cashing or depositing the same shall not be considered as an acceptance of this order. NOTICE TO BUYER: 1. Do not sign this order before you read it or if it contains blank spaces. 2. You are entitled to an exact and completely filled -In copy of the order you sign. 3. Under the law you have the right to payoff in dvance the full amount due and obtain a partial refund of the finance charges based on the "sum-oI-the-digits" method (rule 01 78's). 4. Keep this order to protect your legal rights. NOTE: This order is subject to the written acceptance of the dealerto which it is NOTE: IF VEHICLE IS USED, THE VEHICLE(S) IS SOLD "AS-IS" WITH NO addressed. and if addressed to Intemational Truck and Engine Corporation is subject WARRANTY UNLESS OTHERWISE ENDORSED BY SELLER ON REVERSE to written acceptance by its Regional Sales management or Branch Managers. SIDE. Purchaser's deposit will be returned if not accepted. ACCEPTED: INTERNATIONAL TRUCK AND ENGINE CORPORATION PURCHASER ACKNOWLEDGES RECEIPT OF AN EXACT COpy OF THIS ORDER BY DATE PURCHASER BY: X FOR SALES OF MOTOR VEHICLES FOR COMMERCIAL PURPOSES 1 OF 4 Vehicle Information ~, ~~<) 'Z~ ISIS ® Vehicle Information VIN: lHTVVNAZT17J439519 GENERAL INFORMATION Customer Name: Application: Construction Dump VVARRANTY INFORMATION Order Date: 04/07/2006 Build Date: 05/18/2006 Warranty Start Date: Time In Service: Service Contract: No UPTIME INFORMATION Open Recalls: 1. 06506 BENDIX SR-7 LABASTIDE VVARRANTY HISTORY (Only upto 5 recent Claim Fail Date Dealer Page 1 of 1 International : HT570 340HP/2100 GOV Engine: 50ST 0012NRZ Model: 7500 SBA 6X4 ESN: 570HM2U2125220 DTU Status: DTU Miles: 0 Miles Standard 0040AMJ WRN1Y EXT BAS VEH DSPEC Warranty: 12/UNL Diamond Spec: Yes Open AFCs: No VVarranty Code Group Mileage I~ There is no warranty history to display for this vehicle. CALIBRATION STATUS Engine Status: Vehicle Calibration Scorecard Minimum Calibration Level: 107 ESC Status: Currently On Vehicle: 115 Serial Number: 0 Electronic X Integration Feature(s) Features: .. X Custom Logic Printed at : Monday, February 12, 2007 11:10:45 AM CST Printed by: Larry Fryer RECHTIEN INTERNATIONAL T Copyright © 2007 International Truck and Engine Corporation https:/levalue.intemationaldelivers.com/ servicel service_info/vehic1einfo.aspx 2/12/2007 Vehicle Information ~"\ ~y '\., ISIS @ Vehicle Information Vehicle Information VIN: 1HTWNAZTl7J439519 Model: 7500 SBA 6X4 International : HT570 340HP/2100 Engine: GOV 50ST ( 0012NRZ ) Application Family: Construction Dump, Basic Application: Construction Dump Wheel Base: 205.0 GVWR: 64000 PC Number: J60519087 Paint Color Code: 9219 Selling Dealer: RECHTIEN INTL TRKS INC (789669-000) Customer: Address: City, State Zip: Printed at : Monday, February 12, 2007 10:41:37 AM CST Printed by: Larry Fryer RECHTIEN INTERNATIONAL T Page 1 of 1 Build Date: 05/18/2006 DTU Date: 01/01/1993 Warranty Start Date: 01/01/0001 DTU Status: Inventory DTU Odometer: 0 Miles Original Gear Ratio: 430 '::9Programmed 430 Ratio: As Of: 05/18/2006 Order Number: 282464 Copyright © 2007 International Truck and Engine Corporation https://evalue.intemationaldelivers.com! service/ service_info/vehicleinfo .aspx 2/12/2007 Vehicle Information 27 ELECTRICAL SYSTEMS 28 ELECTRICAL SYSTEMS 29 ELECTRICAL SYSTEMS 30 ELECTRICAL SYSTEMS 31 ELECTRICAL SYSTEMS 32 ELECTRICAL SYSTEMS 33 ELECTRICAL SYSTEMS 34 FRONT END 35 FRONT END 36 FRONT END 37 MISC 38 SPEEDOMETER, TOOLS, MISC 39 SPEEDOMETER, TOOLS, MISC 40 SPEEDOMETER, TOOLS, MISC 41 CLUTCH 42 ENGINE 43 ENGINE 44 ENGINE 45 ENGINE 46 ENGINE 47 ENGINE 48 ENGINE 49 ENGINE 50 ENGINE J51 TRANSMISSION 52 TRANSMISSION REAR AXLES, 53 SUSPENSIONS REAR AXLES, ,.;54 SUSPENSIONS 0008TMG 0008WCL 0008WWM 0008XAH 0008000 0008518 0008718 0009HAD 0009WAY 0009579 0010WYY 0010060 0010210 0010761 0011MDX 0012NRZ 0012THT 0012UVW 0012UXW 0012VBG 0012VXT 0012VYC 0012WYS 0012WYT 0013GHV 0013XAA 0014GRP 0014UHK Page 2 of6 Turn Signals Combined With Stop, Compatible With Trailers That Use Combined Stop, Tail, Turn Lamps HORN, AIR Black, Single Trumpet, Air Solenoid Operated, Mounted Behind Bumper on Right Rail STARTING MOTOR {Leece-Neville MS2} 12-Volt; less Thermal Over-Crank Protection CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III With Trip Indicators, Replaces All Fuses Except For 5-Amp Fuses ELECTRICAL SYSTEM 12-Volt, Standard Equipment CIGAR LIGHTER POWER SOURCE Cigar Type Receptacle without Plug and Cord GRILLE Chrome FRONT END Tilting, Fiberglass, With Three Piece Construction FENDER EXTENSIONS Injection Molded TPO QUALIFICATION IDENTITY for Diamond SPEC Vehicle PAINT SCHEMATIC, PT-1 Single Color, Design 100 LABEL Emissions, Fuel Economy and Noise. PAINT TYPE Base Coat/Clear Coat, 1-2 Tone CLUTCH {Eaton Fuller EP1552} Easy-Pedal Plus, Two-Plate, Cast Angle Spring; Ceramic, 15.5" Diameter, Soft Clutch 7-Spring Damper, Mechanical Pull-Type Control, With Kwik-Adjust(Manual) Feature, With 3200 Ib Plate Load, 1450 Ib-ft Torque Capacity ENGINE, DIESEL {International HT570 High Torque} 50 State, 340 HP, 1150 Ib- ft Torque @ 1100 RPM, 2100 RPM Governed Speed, # 1 Bell Housing FAN DRIVE {Horton Drivemaster} "Two Speed" Direct Drive, With Residual Torque Device for Disengaged Fan Speed RADIATOR Cross Flow, Series System; 940 SqIn Aluminum Radiator Core and 1025 SqIn Charge Air Cooler FEDERAL EMISSIONS for 2004; for International HT570 Engines AIR CLEANER Dual Element, With Integral Pre Cleaner THROTTLE, HAND CONTROL Engine Speed Control; Electronic, Stationary, Variable Speed; Mounted on Steering Wheel ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body Builder Installation of PTO Controls; With Ignition Switch Control for CEC II Electronic Engines EXPANDED ENGINE TEMP EFFECTS to Allow Higher Engine Operating Temperature Range; Includes Nylon Surge Tank and 15 psi Pressure Cap CHARGE AIR COOLER Heavy Duty, for Increased Temperature and Pressure Capability, for International Engines TRANSMISSION, MANUAL {Fuller RTO(F)-11908LL} 10-Speed Manual, with Double Lo and Overdrive and With Air Shift PTO CONTROL, DASH MOUNTED For Customer Provided PTO; Includes Switch, Electric/Air Solenoid, Piping and Wiring AXLE, REAR, TANDEM {Meritor RT-46-160} Single Reduction, 46,OOO-lb Capacity, With Driver Controlled Main Locking Differential in Rear-Rear Axle and 200 Wheel Ends SUSPENSION, REAR, TANDEM {Hendrickson RT-463} Walking Beam Type 54" Axle Spacing; 46,OOO-lb Capacity With Bronze Center Bushings https://evalue.intemationaldelivers.com! service/ service_info/vehicleinfo.aspx 2/12/2007 Vehicle Infonnation REAR AXLES, 0014WAL 55 SUSPENSIONS 56 FUEL TANKS 0015SGD 57 CABS, COWLS, BODIES 0016HBA 58 CABS, COWLS, BODIES 0016JNT 59 CABS, COWLS, BODIES 0016PJH 60 CABS, COWLS, BODIES 0016SDG 61 CABS, COWLS, BODIES 0016SDN 62 CABS, COWLS, BODIES 0016SEE 63 CABS, COWLS, BODIES 0016WEE 64 CABS, COWLS, BODIES 0016WJS 65 CABS, COWLS, BODIES 0016WKB 66 CABS, COWLS, BODIES 0016WKY 67 CABS, COWLS, BODIES 0016WRX 68 CABS, COWLS, BODIES 0016WSK 69 CABS, COWLS, BODIES 0016XWD 70 CABS, COWLS, BODIES 0016000 71 CABS, COWLS, BODIES 0016030 72 WHEELS, TIRES- 0027DHJ FRONT 73 WHEELS, TIRES - REAR 0028DMA 74 WARRANTY 0040AMJ 75 ENGINE MODULE 0070000 76 0427DTP 77 0429DTA 78 0429DTH 79 MISC 0500051 80 BRAKES 0504013 81 MISC 0504058 82 MIse 0504061 83 SPEEDOMETER, 0504104 TOOLS, MISC 84 BRAKES 0504201 85 BRAKES 0504300 86 BRAKES 0504306 87 BRAKES 0504355 Page 3 of6 SUSPENSION/REAR-AXLE IDENTITY for Meritor(Rockwell) Tandem Rear Axles With Bar-Pin Beam Attachment Type Suspensions FUEL TANK Top Draw; D Style, Non Polished Aluminum, 100 U.s. Gal., 378.5 L Capacity, 19.0" Tank Depth, Mounted Left Side Under Cab GAUGE CLUSTER English With English Electronic Speedometer SEAT, DRIVER {National 2000} Air Suspension, High Back With Integral Headrest, Vinyl, Isolated, With 2 Position Front Cushion Adjustment, -3 to +14 Degree Seat Back Adjustment, Single Chamber Air Lumbar Support SEAT, PASSENGER {Gra-Mag} Non Suspension, High Back With Integral Headrest, Vinyl, With Fixed Back MIRROR, CONVEX, LOOK DOWN {Lang Mekra} Right Side; 6" x 10 1/4", With Bright Finish MIRRORS (2) {Lang Mekra} Styled; Rectangular, 7.09" x 15.75", Brackets Breakaway Type, With 102" Wide Spacing, With Integral Convex Both Sides, With Bright Finish Heads and Brackets GRAB HANDLE Chrome; Towel Bar Type With Anti-Slip Rubber Inserts; for Cab Entry Mounted Left Side Only CAB SOUND INSULATION Includes Dash Insulator and Engine Cover Insulator INSTRUMENT PANEL Center Section, Flat Panel AIR CONDITIONER {International Blend-Air} With Integral Heater & Defroster FRESH AIR FILTER for HVAC CAB INTERIOR TRIM Deluxe CAB REAR SUSPENSION Air Bag Type SUNSHADE, EXTERIOR Aerodynamic, Painted Roof Color; Includes Integral Clearance/Marker Lights FLOOR COVERING Transmission Cover, Floor Mats and Seal CAB Conventional WHEELS, FRONT DISC; 22.5" Polished Aluminum, 10-Stud (285.75MM Be) Hub Piloted, Flanged Nut, Metric Mount, 12.25 DC Rims; With Steel Hubs WHEELS, REAR DUAL DISC; 22.5" Painted Steel, 2 Hand Hole, 10-Stud (285.75MM Be) Hub Piloted, Flanged Nut, Metric Mount, 8.25 DC Rims; With Steel Hubs WRTY,LTD, BASIC VEHICLE DSPEC {Diamond SPEC} To 12-Month/Unlimited Mileage; Includes Diamond Emergency Breakdown Service, With 90-Day Towing SALES MODULE IDENTITY TRACKING BNAM AIR TANK LOCATION (2) Mounted Outside Right Rail, Under Cab, On Step Mounting Brackets AIR TANK VOLUME IDENTITY Nominal 6054 CuIn System Capacity SPRING BRAKE MODULATOR VALVE With Relay function ENGINEERING ABS IDENTITY for ABS-6 DRAIN VALVE (1) Manual, With Pull Chain Valve and (2) Petcocks AIR TANK Steel, With Quality Connect Ports SLACK ADJUSTERS, FRONT {Meritor} Automatic SLACK ADJUSTERS, REAR {Meritor} Automatic https:llevalue.intemationaldelivers.com/ servicel service_info/vehic1einfo.aspx 2/1212007 Vehicle Information 88 BRAKES 89 BRAKES 90 BRAKES 91 BRAKES 92 BRAKES 93 BRAKES 94 BRAKES 95 BRAKES 96 DRIVELINES 97 DRIVELINES 98 DRIVELINES 99 DRIVELINES 10C DRIVELINES 10] DRIVELINES 1O~ DRIVELINES 1O~ ELECTRICAL SYSTEMS 10¿ ELECTRICAL SYSTEMS 1Œ ELECTRICAL SYSTEMS lOE SPEEDOMETER, TOOLS, MISC 10, MISC lOf SPEEDOMETER, TOOLS, MISC 10c SPEEDOMETER, - TOOLS, MISC 11C SPEEDOMETER, TOOLS, MISC 11] SPEEDOMETER, TOOLS, MISC 11~ ENGINE 11~ ENGINE ¿ REAR AXLES, 11 SUSPENSIONS 11[ REAR AXLES¡ . SUSPENSIONS REAR AXLES¡ liE SUSPENSIONS 11, CABS, COWLS, BODIES 1H CABS, COWLS, BODIES 11~ CABS, COWLS, BODIES 12C WHEELS MISC OPTIONS 0504396 0504433 0504435 0504441 0504442 0504465 0504470 0504471 0506001 0506007 0506008 0506010 0506100 0506102 0506110 0508005 0508010 0508014 0510000 0510002 0510908 0510910 0510926 0510936 0512012 0512017 0514005 0514006 0514012 0516003 0516105 0516106 0529001 Page 4 of6 AIR DRYER LOCATION Mounted Inside Left Rail, Back of Cab BRAKE LININGS, FRONT {Meritor R403} Non-Asbestos for S-Cam Brake BRAKE LININGS, REAR {Meritor R301} S-Cam Type; Non-Asbestos BRAKE IDENTIlY, FRONT {Meritor Q-Plus} BRAKE IDENTIlY, REAR {Meritor Q-Plus} BRAKE CHAMBERS, SPRING Rear-Rear, Inverted; Brake Cam and Drum Rotation Do Not Change. DUST SHIELDS, FRONT BRAKE DUST SHIELDS, REAR BRAKE YOKE, TRANSMISSION OUTPUT YOKE, FORWARD REAR AXLE INPUT YOKE, FWD-RR AXLE, REAR OUTPUT YOKE, REAR-REAR AXLE, INPUT or Single Rear Axle Input DRIVELINE LABOR IDENTIlY for Driveline Labor CENTER BEARING, FIRST CENTER BEARING MTG. PARTS BATIERY BOX Steel With Plastic Lid, 18" Long By 30" Wide, 2, 3, or 4 Battery Capacity Mounted Right Side Back of Fuel Tank SOLENOID, AIR ACCESSORY 4-Pak, Electric Operated, Does Not Include an ECU or J1939 Communications TAIL LIGHT LOCATION Tail Lights Located on Inside of Frame Rail BULK MATERIAL SERVICE PARTS ASSEMBLIES ENGINEERING PROGRAM IDENTIlY for Red Extended Life Coolant Effects VEPS IDENTITY NGV Programming Requirements for International 16 Engines ENGINEERING PROGRAM IDENTIlY 76 Way Connector in lieu of 48 Way VEPS IDENTITY {Bendix} for EC-60 ABS VEPS PROG, ENGINE TEMP CONTROL Engine De-Rate Sequence Starts at 235 Degrees ilo 225 Degrees COLD STARTING EQUIPMENT Intake Manifold Electric Grid Heater, With Engine ECM Control TORQUE ROD FORWARD REAR TORQUE ROD REAR REAR AXLE, LIFT, CONTROLS Cab Effects; When Controls Are Not Provided ACCESS, CAB Driver & Passenger Sides, Two Steps Per Door, For Use With Regular & Extended Cabs Not With 13" Deep Fuel Tanks MIRROR, BRIGHT FINISH EFFECTS Head and Brackets, Both Sides MIRROR, STYLE Aerodynamic WHEEL BEARING, FRONT, LUBE https:llevalue.intemationaldelivers. coml service/service_info/vehic1einfo.aspx 2/12/2007 Vehicle Information Page 5 of6 I, 121 WHEELS MISC 0529002 WHEEL BEARING, REAR, LUBE OPTIONS 12~ MISC 0530100 TIRES iT BODY & CHASSIS 0535001 PAINT COLOR GROUP No. 01 . PAINT 12l BODY & CHASSIS 0535011 IDENTITY STANDARD PAINT COLOR for Internal Order Coding PAINT 12[ BODY & CHASSIS 0535012 PAINT CHASSIS COLOR GROUP Water Bourne Urethane, Standard Chassis Black . PAINT 12f MISC 0595008 ESC PROG, AIR PRESSURE GAUGE Primary & Secondary, for Air Brake Chassis 12i MISC 0595009 ESC PROG, ABS BRAKES With ABS Warning Light, With Full Power Hydraulic and Air Brake Systems, Not Including Trailer 12~ MISC 0595012 ESC PROG, TRAILER ABS WRN/L TG 12~ MISC 0595014 ESC PROG, PARK BRAKE W/IND L T With Air and Hydraulic Brakes 13C MISC 0595015 ESC PROG, BRAKE SWITCH Preprocessing 131 MISC 0595017 ESC PRG, ENGINE COMPRESS BRAKE 13~ MISC 0595018 ESC PROG, HEADLIGHT Includes Daytime Running Lights, Lights on With Wipers and Flash to Pass 13~ MISC 0595021 ESC PROG, TURN SIGNAL/BRAKE Hazard Lights With Stop Overriding Hazard or Hazard Overriding Stop 13l MISC 0595022 ESC PROG, AIR HORN With or Without Auxiliary Air horn Switch 13~ MISC 0595023 ESe PROG, ELECTRIC HORN-CITY With and Without Keyless Entry Effects BE MISC 0595024 ESC PROG, DOME LIGHT Includes Theater Style Dimming and Keyless Entry Effects 13i MISC 0595027 ESC PROG, DIAGNOSTICS 13~ MISC 0595030 ESC PROG, TRAILER MARKER LIGHT Operates Trailer Marker Lights on With Tractor Parking Lights 13~ MISC 0595031 ESC PROG, IGNITION KEY STATE Keyed or Keyless Ignition 14C MISC 0595037 ESC PROG, CLUTCH SWITCH Preprocessing 141 MISC 0595040 ESC PROG, DIFFERENTIAL LOCK Driver Controlled 14~ MISC 0595041 ESC PROG, POWER DIVIDER LOCK 14~ MISC 0595048 ESC PROG, LOW WASHER FLUID With Indicator Light 14l MISC 0595049 ESC PROG, ELTRN PARM DFLT/SET Required By All Units 14~ MISC 0595052 ESC PROG, FUEL GAUGE/SENSOR Single Fuel Tank or Dual Fuel Tanks With One Fuel Level Sensor 14f MISC 0595061 ESC PROG, VOLTMETER 14i MISC 0595063 ESC PROG, SEAT BELT WARNING LT 14~ MISC 0595066 T/R DATA, ENG OIL PRESS GAUGE 14~ MISC 0595067 T/R DATA, ENG COOLANT TEMP GA 15C MISC 0595069 T/R DATA, VEHICLE SPEED GAUGE (Speedometer) 151 MISC 0595079 T/R DATA, WARNING LIGHTS 15~ MISC 0595080 ESC PROG, AIR SOLENOID POWER 15~ MISC 0595083 ESC PROG, CRUISE CONT SWITCH State 15l MISC 0595084 ESC PROG, ENGINE FAN REQUEST 15~ MISC 0595085 ESC PROG, GAUGE CLUSTER ALARM Handler 15f MISC 0595092 ESC PROG, WAIT TO START IND LT 15i MISC 0595095 ESC PROG, ENGINE STATE https:/ / evalue.intemationaldelivers.com/service/service_info/vehicleinfo .aspx 2/12/2007 Vehicle Information " Lit'" ~y Page 1 of6 ISIS ® Vehicle.Information Components VIN : 1HTWNAZT97J467004 1 FRAM ES 0001CBU Component Description 175 Components found. Class Description 2 FRAMES 0001GBP 3 FRAMES 0001LLA 4 FRAMES 0001 WAC 5 FRAMES 0001WGX 6 FRAMES 0001570 7 FRONT AXLES 0002ARZ 8 FRONT SUSPENSIONS 0003ADG 9 FRONT SUSPENSIONS 0003770 10 BRAKES 0004AZA 11 BRAKES 0004EBD 12 BRAKES 0004LAA 13 BRAKES 0004LGA 14 BRAKES 0004NCE 15 BRAKES 0004SBC 16 BRAKES 0004WDW 17 BRAKES 0004091 18 BRAKES 0004193 19 BRAKES 0004619 20 BRAKES 0004732 21 STEERING 0005CAL 22 STEERING 0005PTB 23 STEERING 0005708 24 EXHAUST SYSTEMS 0007BBD 25 EXHAUST SYSTEMS 0007MAM 26 EXHAUST SYSTEMS 0007SCC 27 ELECTRICAL SYSTEMS 0008GEJ FRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.125" x 3.580" x 0.312" (257.2mm x 90.9mm x 8.0mm); 480.0" (12192) Maximum OAL FRAME REINFORCEMENT Outer "C" Channel, Heat Treated Alloy Steel (120,000 PSI Yield); 10.813" x 3.892" x 0.312"; (274.6mm x 98.9mm x 8.0mm); 480.0" (12192mm) Maximum OAL BUMPER, FRONT Steel, Swept Back BUMPER EXTENSION, FRONT 4.0" WHEELBASE RANGE 169" (430cm) Through and Including 219" (555cm) TOW FRONT Inside Rail, Frame Mounted. AXLE, FRONT NON-DRIVING {Meritor MFS-18-133A} Wide Track, I-Beam Type, 18,OOO-lb Capacity SUSPENSION, FRONT, SPRING Parabolic, Taper Leaf; 18,OOO-lb Capacity; With Shock Absorbers FRONT AUXILIARY Rubber AIR BRAKE ABS {Bendix AntiLock Brake System} Full Vehicle Wheel Control System (4-Channel) AIR DRYER {Meritor-Wabco System Saver Mounted in Standard Location SLACK ADJUSTERS, FRONT {Haldex} Automatic SLACK ADJUSTERS, REAR {Haldex} Automatic BRAKES, REAR, AIR CAM 16.5" x 7.0"; Includes MGM TR3030 Long Stroke Brake Chamber and Heavy DutySpring Actuated Parking Brake AIR COMPRESSOR {Bendix Tu-Flo 13.2 CFM Capacity BRAKE CHAMBERS, SPRING on Rear/Rear Axle Located Inside Rear Tire Envelope (Meets Asphalt Spreader/Paver Clearance Requirements) BRAKE SYSTEM, AIR Dual System for Straight Truck Applications BRAKES, FRONT, AIR CAM 16.5" x 6", Includes 24 Sqln Long Stroke Chambers TRAILER CONNECTIONS Four-Wheel, With Hand Control Valve and Tractor Protection Valve, for Straight Truck DRAIN VALVE {Berg} Manual; With Pull Chain, for Air Tank STEERING WHEEL 18" Diam., Black STEERING GEAR (2) {Sheppard M-100/M-80} Dual Power STEERING COLUMN EXHAUST SYSTEM Single, Horizontal, Stainless Steel Muffler, With Internal Catalytic Converter, Vertical Bright Chrome Tail Pipe and Tail Pipe Guard, Frame Mounted Right Side Under Cab, Outside of Rail, for 2004 Emissions Standards with International Engines TAIL PIPE Turnback Type, Bright Finish. for Single Bright Exhaust ENGINE BRAKE, DLOGIC {Diamond Logic} for MaxxForce 9 / DT570, MaxxForce 10 / HT570 Engines; Combination Engine and Exhaust Brake, Electronically Activated ALTERNATOR {Leece-Neville 8LHP2172VAH} Brush Type; 12 Volt 110 Amp. Capacity, Pad Mounted https://evalue.intemationaldeli vers.com/ service/service_info/vehicleinfo.aspx 2/1212007 F'eb,12, 2007 11:40AM SUNSTATE INTERNATlONþ.I·~4(UCKS é"'''~~,1l;!'i~"':~~%.~1~q~.;.~~f.' "'f.~.~:~~:~~,-;:::, '.,. ~"'j.;n>J . ~.~~"'::'~':'- t ...~I;"":';';¡'i "~~-""!,-, l' . :,:\1fiHrt/í1l'¡ 3.C .' IlÌteÌlíiitiðliiil Tiurks' . :' (¡. '. --;,;.'" ~ . _.,~ .'/ ',~-- . _.-1~;.-' ~ --~--..... . . .'. , '- I. . Ql: )'~)í~~µ'~.si~!~~~!hH~~t: .,:.~ Sun State International Trucks, Inc. 6020 Adamo Drive Tampa, FL 33619 Phone: 813.621.1331 Fax: 813.628.0527 Cell: 813.760.9472 ----Eax-from-.t4lan-B~ve-r-~- . ~ To: I A#I!tt r Fax #: 77 z. - 'It. z. .- Z Š.G3 No,4531 P. 1 -~.........:.......-- . ----- Company: ~ L vc-,'t:.. R.. 't- ß Date: ~ ~ 2(r-¿lo 7 Pages (ind. cover): 8-' Additional Notes: T-~i 4~. . /;.. f4. Ilm/bsa.fl, / 7Æa~s~ (Jf~ ~ F'eb.12. 2007 11:40AM SUNSTATE INTERNATIONAL TRUCKS No.4531 P. 2 .. . " ", ....... ' ,'':'.''-1 ',- . . ~- :"-~> .... "I.. t ~'. " .....', . . , "':·~~~~,~:j~1t~~,~~:!'.!'),;..~~:J[J~.,t'__ß.~~~.H!]J~,l,~~:~.~:';~'.'.t;:: iI":' , . ,'. ' , . . . -:.... "!Si: -~'!Î!;.r~~~~~I.~,,~~,~~'f~~,~'~~·' 76 4 ':~<f·!~,\tJl..~W~,~J.~_,,?-/ ' , ·;'~A~,~-!.. Sales Proposal For: Florida Sheriffs Associ Presented By: SUN STATE INTL TRKS, LLC , ..' : ,c7.:",:::.;!,!!0!!II"I mitT I 1.II!I.u-~"~'::;'''',:'' Feb.12. 2007 11:40AM INTERNATIONAL· Prepared For: Florida Sheriffs Associ Lynn Meek 2617 Mayhan Dr. Tallahasse, FL 32308- (850)877·2165 Reference ID; ST LUCIE CO APPLICATION: MISSION: DIMENSION: ENGINE, DIESEL: TRANSMISSION, MANUAL: CLUTCH: AXLE, FRONT NON-DRMNG: AXLE, REAR, TANDEM: CAB: TIRE, FRONT: TIRE, REAR: SUSPENSION, REAR, AIR, TANDEM: PAINT: SUNSTATE INTERNATIONAL TRUCKS No. 4531 P. 3 February 01, 2007 . Presented By: SUN STATE INTL TRKS, LLC Alan Beyer 6020 ADAMO DRIVE TAMPA FL 33619 (813)621-1331 DIamond spa:- ~i1~jjjj3j .. --- -....---~.~ Model Profile 2007 Diamond SPEC" 7600 SSA 8X4 (SF847) Construction Dump Requested GVWR: 58000. Calc. GVWR: 64000 Calc. Start / Grade Ability: 33.90% /2.78% @ 55 MPH Calc. Geared Speed: 75.0 MPH Wheelbase: 187.0, CA: 119.9, Axle to Frame: 75.0 {Cummins ISM 385V} 50 State 370 HP @ 2100 RPM Govemed Speed; 1450 Ib-ft Torque @ 1200 RPM; 385 Peak HP (Max) {Fuller RTO(F)-14908LL} 1 a-Speed Manual; Double La With Overdrive and With Air Shift {Eaton Fuller EP1552} Easy-Pedal Plus, Two-Plate, Cast Angle Spring; Ceramic, 15.5" Diameter, Soft Clutch 7-Spring Damper, Mechanical PulHype Control. With Kwik- Adjust(Manual) Feature, With 3200lb Plate Load, 1450 Ib-ft Torque Capacity {Dana Spicer \-180W} Wide Track, I-Beam Type, 18.000-lb Capacity {Dana Spicer D46-170/R46-170} Single Reduction 46.000-lb Capacity; With "R" Wheel Ends Gear Ratio: 4.56 Conventional (2) 385/65R22.5 XZV-3 (MICHELIN) 491 rev/mile, load range J, 18 ply (8) 11 R22.5 XDE M/S (MICHELIN) 498 rev/mile, load range G, 14 ply {Hendrickson HAS-460-S5} 55" Axle Spacing; 46,OOO-lb Capacity, 9.5" Ride Height. With Shock Absorbers Mounted Inboard Cab Schematic 100GS Location 1: 9219, Winter White Chassis Schematic N/A 2 Proposal: 4166-01 FeD. 12. 2007 11:41AM SUNSTATE INTERNATIONAL TRUCKS INTERNATIONALt> Vehicle Speclflc.,tiona 2007 7600 SBA 6X4 (SF647) Description Base Chassis, Model 7600 SBA 6X4 with 187.0 Wheelbase, 119.9 CA, and 75.0 Axle to Frame. FRAME RAILS Heat Treated Alloy Steel (120.000 PSI Yield); 10.se6" x 3.622" X 0.433" (276.0mm x 92.0mm x 11.1 mm); 456.0" (11582mm) MaXimum OAL BUMPER, FRONT Steel, Swept Back WHEELBASE RANGE 183" (465cm) Through and Including 248" (630cm) AXLE, FRONT NON-DRIVING {Dana Spicer 1-180W} Wide Track, I-Beam Type, 18,OOO-Ib Capacity SUSPENSION, FRONT, SPRING Parabolic, Taper Leaf; 18,00D-Ib Capacity; With Shock Absorbers BRAKE SYSTEM, AIR Dual System for Straight Truck Applications BRAKES, FRONT, AIR CAM 16.5" x 6", Includes 24 Sqln Long Stroke Chambers DRAIN VALVE {Berg} Manual; With Pull Chain, for Air Tank AIR BRAKE ASS {Bendix AntiLcck Brake System} Full Vehicle Wheel Control System (4-Channel) AI R DRYER (Bendix AD-9} With Heater SLACK ADJUSTERS, FRONT {Haldex} Automatic SLACK ADJUSTERS, REAR {Haldex} Automatic BRAKES, REAR, AIR CAM 16.S" x 7.0"; Includes MGM TR3030 Long stroke Brake Chamber and Heavy Duty Spring Actuated Parking Brake AIR COMPRESSOR {Cummins} 18.7 CFM STEERING COLUMN Stationary STEERING WHEEL 2-Spoke, 18" Diam., Black STEERING GEAR (2) {Sheppard M-100/M-80} Dual Power EXHAUST SYSTEM Single, Horizontal, Aftertreatment Del/ice Frame Mounted Right Side Back of Cab; Includes Vertical Tailpipe And Guard ELECTRICAL SYSTEM 12-Volt, Standard Equipment ALTERNATOR {Leece-Neville 8LHF'2172VAH} Brush Type; 12 Volt 110 Amp. Capacity, Pad Mounted BODY BUILDER WIRING Back of Standard Cab at Left Frame or Under Extended or Crew Cab at Left Frame; Includes Sealed Connectors for TaillAmber TurnlMarkerl BackuplAccessory Powerl Ground and Sealed Connector for StopfTum BATTERY SYSTEM {International} Maintenance-Free, (2) 12-Volt 1850CCA Total BACK-UP ALARM Electric, 102 dBA HORN, AIR Black, Single Trumpet, Air Solenoid Operated, Mounted Behind Bumper on Right Rail STARTING MOTOR {Deleo Remy 39MT} 12 Volt: Gear Reduced, With Then"al Over-Crank Protection CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III With Trip Indicators, Replaces All Fuses Except For 5-Amp Fuses 3 No.4531 P. 4 February 01,2007 FIRWt TotWt (Ib) (I b) 7733/6959 14692 198/402 600 0/0 0 0/0 0 151/0 151 113/0 113 010 0 0/0 0 0/0 0 0/0 0 23/4 27 0/0 0 0/0 0 0/0 0 0/0 0 010 0 0/0 0 50/0 50 010 0 0/0 0 a/a 0 3/0 3 -35/-14 -49 0/3 3 0/0 0 010 0 0/0 0 Propo.al: 4166-01 F~b.12, 2007 11:41AM SUNSTATE INTERNATIONAL TRUCKS . INTIRNATIONALt> Vehicle Specifications 2007 7800 SBA 6)(4 (SF847) Descrløtion FENDER EXTENSIONS Rubber GRILLE Stationary, Chrome FRONT END Tilting, Fiberglass, With Three Piece Construction; for 2007 Emissions PAINT SCHEMATIC, PT-1 Single Color, Design 100 PAINT TYPE Base CoatlClear Coat, 1-2 Tone CLUTCH {Eaton Fuller EP1552} Easy-Pedal Plus, Two-Plate, Cast Angle Spring; Ceramic, 15.5" Diameter, Soft Clutch 7-Spring Damper, Mechanical Pull-Type Control, With Kwik-Adjust(Manual) Feature, With 3200 Ib Plate Load, 1450 Ib-ft Torque Capacity ENGINE, DIESEL {Cummins ISM 385V} 50 State 370 HP @ 2100 RPM Govemed Speed; 1450 Ib- ft Torque @ 1200 RPM; 385 Peak HP (Max) FAN DRIVE {Borg-Wamer K26} With On/Off Control FEDERAL EMISSIONS for 2002; for Cummins ISM Engines RADIATOR Aluminum; Cross Flow, Front to Back Series System, 1469 Sqln. With 1172 Sqln Charge Air Cooler FEDERAL EMISSIONS 2007 for Cummins ISM Engines AIR CLEANER Single Element TRANSMISSION. MANUAL {Fuller RTO(F)-14908LL} 10-Speed Manual; Double Lo With Overdrive and With Air Shift OIL COOLER,MANUAL TRANSMISSION Air to Oil Type, for Intemational, Fuller, Mentor or Spieer Transmission (REQUIRES TRANSMISSION LUBE PUMP) TRANSMISSION LUBE PUMP for International. Fuller, Meritor(Rockwell) or Spicer Transmissions; USE ONLY WHEN PUMP IS NOT INCLUDED STANDARD IN TRANSMISSION AXLE. REAR, TANDEM {Dana Spicer D46-170/R46-170} Single Reduction 46,000-lb Capacity; With "R" Wheel Ends SUSPENSION. REAR. AIR, TANDEM {Hendricksol'! HAS-460-55} 55" Axle Spacing; 46,000-lb Capacity, 9.5" Ride Height. With Shock Absorbers Mounted Inboard FUEL TANK Top Draw; D Style, Steel, 19" Deep, 70 U.S. Gal., 265 LCapacity, With Quick Connect Outlet, Mounted Left Side, Under Cab CAB Conventional GAUGE CLUSTER English With English Electronic Speedometer IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge Cluster SEAT. DRIVER {NationaI2000} Air Suspension, High Back With Integral Headrest, Vinyl, Isolated, With 2 Position Front Cushion Adjustment, -3 to + 14 Degree Seat Back Adjustmellt, Single Chamber Air Lumbar Support SEAT. PASSENGER {Gra-Mag} Non Suspension, High Back With Integral Headrest, Vinyl, With Fixed Back MIRRORS (2){Lang Mekra} Rectangular, 7.44"x 14.84", Brackets Breakaway Type, With 102" Wide Spacing, With 7.44" sq. Convex Both Sides 4 No.4531 P. 5 February 01, 2007 ElR.Wt Tot Wt (Ib) (Ib) 0/0 0 5/0 0/0 0/0 0/0 0/0 5 o o o o 0/0 0 0/0 0 0/0 0 0/0 0 0/0 0 0/0 0 70/32 102 14/6 20 8/2 10 0/429 429 0/445 445 19/6 25 0/0 0 0/0 0 0/0 0 0/0 0 28/13 41 2/0 2 Proposal: 4166-01 .F'eb.12. 2007 11:41AM SUNSTATE INTERNATIONAL TRUCKS ... ¡ ..... INTERNATIONAL- Vehicle SpecUjcations 20017600 S8A 6X4 (SF647) Description INSTRUMENT PANEL Center Section, Flat Panel AIR CONDITIONER {International Blend-Air} With Integral Heater & Defroster FRESH AIR FILTER for HVAC STORAGE POCKET, DOOR Molded Plastic, Full Width; Mounted on Passenger Door CAB INTERIOR TRIM Deluxe CAB REAR SUSPENSION Air Bag Type WHEELS, FRONT DISC; 22.5" Polished Aluminum, 1O-Stud (285.75MM BC) Hub Piloted, Flanged Nut, Metric Mount. 12.25 DC Rims; With Steel Hubs WHEELS, REAR DUAL DISC; 22.5" Painted Steel, 2 Hand Hole, 10-Stud (285.75MM BC) Hub Piloted, Flanged Nut, Metric Mount. 8.25 DC Rims; With Steel Hubs (8) TIRE,REAR 11 R22.5 XDE M/S (MICHELIN) 498 rev/mile, load range G. 14 ply (2) TIRE, FRONT 385/65R22.5 XZY·3 (MICHELIN) 491 rev/mile, load range J, 18 ply Services Section: WRTY,LTD, BASIC VEHICLE DSPEC {Diamond SPEC} To 12-MonthlUnlimited Mileage; Includes Diamond Emergency Breakdown Service, With 90-Day Towing Total Component Weight: 18 CU. YD DUMP BODY Total Body Allied: Steel Surcharge Total Good. Purchased: No.4531 P. 6 February 01, 2007 FIR Wi Tot Wt (Ib) (Ib) 0/0 0 60/0 60 4/0 4 0/0 0 0/0 0 0/0 0 65/0 65 0/0 0 0/-5 ·5 1 06/0 106 0/0 0 8817/8282 16899 0/0 0 0/0 0 0/0 0 0/0 0 The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as manufactu red may be different from the estimated weight. International Truck and Engine Corp. shall not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. 5 Proposal: 4166-01 F·eb,12. 2007 11:41AM SUNSTATE INTERNATIONAL TRUCKS .' f~ ····SM-~ - 81. Lucie County Road & Bridge 2300 Virginia Ave. Fort Pierce, FL 34982 No.4531 P. 8 6020 ADAMO DRIVE TAMPA, FL 33619 (813)621-1331 2/01/2007 RE: Florida Sheriffs Association Bid # 06-14-082IA Spec # 49 52,000 Ib GVW Tandem Axle Truck Mr. Joyner, This is the quote requested by your department on the Florida Sheriffs Association Bid. Quote is per Proposal # 4166-0 I. Base Bid (Central Region) Options: 1. 13GHV (Fuller 14908LL Trans.) 2.64GVW (64,0001b GVW Package) 3.46AIR (46,000 lb Rear Air Suspension) 4. 18DB (18 yd Dwnp Body) Cost FSA Administration Fee (.05%) Total Cost $68,300.00 4,595.00 11,000.00 2,800.00 15.920.00 $102,615.00 513.08 $103,128.08 (per unit ordered) Thank you for the opportunity to present this quote. Sincerely, f!1::&¡~ ·Feb.12. 2007 11:41AM SUNSTATE INTERNATIONAL TRUCKS IF , , t.. . . . INTERNATIONAL- Fln,ncial Summary 2007 7800 SBA 6X4 (SF647) (USA DOLLAR) Description Factory List Prices: Product Items Service Items Total Factory List Price Including Options: Total Goods Purchased: Freight Charge Total Freight: Total Factory List Price Including Freight: Less Customer Allowance: Total Vehicle Price: Total Body/Allied Equipment: Total Sale Price: Total Per Vehicle Sales Price: Total Net Sales Excluding Taxes: FSA ADMINISTRATION FEE Total Taxes; Net Sales Price: No. 4531 P. 7 February 01, 2007 Price $142,235.00 $1,900,00 $1,705.00 $145,840.00 ($59,145.00) $86,695.00 $15,920.00 $102,615.00 $102,615.00 $102,815.00 $513.08 $103,12S.08 Please feel free to contact me re9arding these specifications should your interests or needs change. I am confident you will be pleased with the quality and service of an International vehicle. SALE PRICE DOES NOT INCLUDE: TAX, TITLE OR TAG FEES. FLORIDA SHERIFF'S ASSOCIATION BID # Oe-14-Q821A SPEC # 49 52,000 LB GVW CAB & CHASSIS TANDEM AXLE TRUCK $ 68,300.00 BASE BID (CENTRAL REGION) OPTIONS; 1.13GHV 2. 64GVW 3. 46AIR 4. 1808 (FULLER 14908LL TRANSMISSION) (64,000 LB GVW PACKAGE) (46,000 LB AIR RIDE SUSPENSION) (18 YD BODY - HARDEE OR HElL) 4,595.00 11,000.00 2,800.00 15,920.00 $102,615.00 TOTAL FSA ADMINISTRATION FEE 513.08 TOTAL COST $103,128.08 Approved by S&lIer: Accepted by Purçha.er: Finn or Busin... Name OffIcial Title and Date Authorized Signature and Date Authorized Signature 6 Proposal: 4166-01 , ITEM NO. C 5 .Ð DATE: 2/27/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY:~~ DON PAULEY, ROAD & BRIDGE MANAGER TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ROAD & BRIDGE SUBJECT: Approve clarification of the contract to Piggyback the Marion County Board of County Commissioners Contract #04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application WITH Florida Highway Products, Inc. which was approved by the Board of County Commission on January 23, 2007 to include a not to exceed amount of $250,000.00. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 101002-41122-546200-42003. PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval of clarification of the contract to piggyback the Marion County Board of County Commissioners Contract #04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway Products Inc. which was approved by the Board of County Commission on January 23, 2007 to include a not to exceed amount of $250,000 and authorization for the Chairman to sign the Contract prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: (x) APPROVED () DENIED ( ) OTHER Approved 5-0 J; Coordination/Sianatures A79- County Attorney (X) ~ Road and Bridge ( X) ~ Mgt. & Budget ( ) Other ( ) Purchasing (X) fiV Other ( ) Finance: (check for copy, only if applicable)_ ,,- .. '\ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Donald Pauley, Road & Bridge Manager DATE: February 20th, 2007 RE: Approval Clarification to the Contract to Piggyback the Marion County Board of County Commissioners Contract #04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway Products, Inc. which was approved by the Board of County Commissioners on January 23, 2007 to include a not to exceed amount of $250,000. Backaround: Due to a miscommunication between the involved departments, the wording of "not to exceed $250,000" was inadvertently left out of the original agenda paperwork and subsequently from the contract that was being prepared by the County Attorney's office. Recommendation: Staff recommends Board approval of the clarification of the contract to piggyback the Marion County Board of County Commissioners Contract #04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway Products Inc. which was approved by the County Commissioners on January 23, 2007 to include a not to exceed amount of $250,000 and authorization for the Chairman to sign the Contract prepared by the County Attorney. DP/ds 'Y AGENDA REQUEST ITEM NO. C-6 DATE: February 27,2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Bill Hoeffner SUBJECT: Authorize Amendment 1 to Contract C-15305 / 3600001008 (St. Lucie County Contract C05-11-637) between St. Lucie County and the South Florida Water Management District to extend the term of the grant contract from 1/27/2007 to 7/25/2007. The amendment does not amend the grant amount or the scope of work. BACKGROUND: This grant provides funding of up to $313,200 for acquisition and restoration of an environmental lands parcel known as Ten Mile Creek West. Acquisition of the parcel has been completed and restoration has been initiated. Restoration cannot be completed due to the fact that the primary invasive species to be eradicated from the site is Air potato (Dioscorea bulbifera). This particular species, due to its deciduous nature, does not respond well to herbicides in the winter and would be better suited for herbicide application in spring. Secondly, a re-treatment or maintenance application will be needed at this site to greatly increase the probability of successful invasive exotic eradication on this site. This follow-up treatment would be scheduled about 45-60 days following initial treatment. In addition, the native plants that are to be planted following the eradication project should be purchased in June to be planted prior to June 30th around the time of seasonal rains. Given this, the South Florida Water Management District has agreed to extend the grant contract to 7/25/2007. FUNDS AVAIL. : N/A PREVIOUS ACTION: On 8/24/2004, the Board approved the submittal of the grant application to the South Florida Water Management District and the acceptance of the grant if awarded. RECOMMENDATION: Staff recommends the Board authorize the amendment to Contract C-05-11- 637. County Attorney: Originating Dept: Finance: ('I l'l f·/:..;.' A~rfÝ' Coordination/Signatures COMMISSION ACTION: [X ] [ ] APPROVED Approved 5-0 DENIED Mqt , Budget: Public Works: Purchasing : Other: ... ì :\£.R M~ ~'?- "~C<^ ¡:;¡""'? >¡;~ ::-"~" ,",,,,Z b..i.w~..~" ,-i ..J', :; "'0 ~..'$ '<'-;>0 .~')~ :s' , SOUTH FWRIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov Overnight Delivery 20098128551 February 13, 2007 Mr. Bill Hoeffner St Lucie County 2300 Virginia Avenue FT. Pierce, FL 37982-5652 Dear Mr. Hoeffner: Subject: Contract OT060151 (SAP# 3600001008) Ten Mile Creek Natural Area Restoration Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. ~~~ , Patrick Wiener Senior Contract Specialist Procurement Department pwiener@sfwmd.gov (561) 682-6220 FAX: (561) 681-6275 PW/cs Enclosure c: Kathy LaMartina MSC -1670 GOVERNING BOARD EXECUTIVE OFFICE Kevin McCarty, Chair lrela M. Bagué, Vice-Chair Miya Burt-Stewart Alice J. Carlson Michael Collins Nicolás J. Gutiérrez, Jr., Esq. Lennart E. Lindahl, P.E. Harkley R. Thornton Malcolm S. Wade, JI. Carol Ann Wehle, Executive Director " . SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT OT060151-A01 3600001008 AMENDMENT NO.1 TO CONTRACT NO. C-15305 /3600001008 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND ST. LUCIE COUNTY This AMENDMENT NO.1, entered into on ,to that CONTRACT dated January 26,2006, between "the Parties," the South Florida Water Management District (DISTRICT), and St Lucie County. (COUNTY). WITNESSETH THAT: WHEREAS, the CONTRACT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the CONTRACT in order to extend the period of performance and modify the Payment and Deliverable Schedule; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The term of the CONTRACT is hereby extended by six (6) months and the expiration date, as amended, is July 25, 2007. Regardless of the actual date of execution, this AMENDMENT NO.1 shall be effective as of January 26,2007. 2. This AMENDMENT NO. 1 shall be at no additional cost to the DISTRICT. 3. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "B1", attached hereto and made a part of this AMENDMENT NO. 1. Amendment No.1 to Contract No OT060151 /3600001008-- Page 1 of2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4. All other terms and conditions of the CONTRACT, as amended, remain unchanged. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO.1 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director SFWMD PRO~MENT APPROVED By: ~ rttø~ Date: :2. - 13 - 07 ~ ST LUCIE COUNTY. By: Title: Amendment No.1 to Contract No OT060151 /3600001008-- Page 2 of2 Exhibit "Bl" STATEMENT OF WORK Ten Mile Creek Natural Area Restoration A six month, no cost time extension of the grant and the participation between South Florida Water Management District (SFWMD) and St. Lucie County (County) for the acquisition and restoration of 110 acres along Ten Mile Creek. The project consists of acquisition of targeted parcels, followed by clearing, removal of exotics, herbicide application, plantings and installation as needed. The reason for the extension request is the timing of the invasive exotic eradication work that was planned for this area. The main species to be targeted in the invasive exotic removal project is Air potato (Dioscorea bulbifera). This particular species, due to its deciduous nature, does not respond well to herbicides in the winter and would be better suited for herbicide application in spring. Also, a re-treatment or maintenance application will be needed at this site to greatly increase the probability of successful invasive exotic eradication on this site. This follow-up treatment would be scheduled about 45-60 days following initial treatment. In addition, the native plants that are to be planted following the eradication project should be purchased in June to be planted around the time of seasonal rains. TASK DELIVERABLE SCHEDULE DISTRICT (time from PAYMENT contract execution) Task 1. Appraisal, completed Completed Negotiation & Purchase of Land Task 2. 1 set of construction Completed $263,200 Development of a plans with permits Paid $196,294 Restoration & for Ph 2 Mgt. Plan improvements Task 3. Removal Photos of graded July 25,2007 $50,000 of Exotics & Rest. land, plugged wells of Natural Areas & restored natural areas Total District $313,200 Payment Agreement No, OT060151/ SAP#3600001008 Page 1 of 1 ",' '" AGENDA REQUEST ITEM NO. C7 DATE: February 27, 2007 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 07-070 to establish a budget for Fiscal Year 2007 for the South Florida Water Management District Grant for Water Savings Incentive Program in the amount of $50,000. BACKGROUND: The County has submitted and accepted the SFWMD Water Savings Incentive Grant for the Fiscal Year of 2007. In order to expend these funds, a budget must be established. The grant award of $50,000 requires a $50,000 match with the exception of REDI communities from the Fort Pierce Housing Authority. FUNDS AVAILABLE: 001820-6420-337310-600 SFWMD Water Incentive Grant Fund PREVIOUS ACTION: The Board of Governors approved and recommended acceptance of the award for the South Florida Water Management District Grant Application on 03/14/2006. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 07-070 to establish a budget for Fiscal Year 2007 for the South Florida Water Management District Grant for Water Savings incentive Program in the amount of $50,000. COMMISSION ACTION: CONCURRENCE: lx] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: v~ Coord i nation/S iqnatures Management & Budget: ~ Purchasing: Finance: (Check for Copy only, if applicable) Orig Dept: PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. RESOLUTION NO. 07-070 WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds riot anticipated at the time of adoption of the budget have become available from the South Florida Water Management District in the amount of$50,000. 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 S1. Lucie County, Florida, in meeting assembled this 27th day of February 2007, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUES 001820-6420-337310-600 APPROPRIATIONS South Florida Water Management District $50,000 001820-6420-591900-600 Fort Pierce Housing Authority $50,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson Commissioner Joseph E. Smith, Vice Chairperson Commissioner Doug Coward Commissioner Paula Lewis Commissioner Charles Grande xxx xxx xxx XXX xxx PASSED AND DULY ADOPTED THIS 27TH DAY OF FEBRUARY 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #07-26 COUNTY ~ FLORIDA TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: SFWMD Grant DATE: February 27, 2007 Grant funding in the amount of $50,000 has been awarded to St. Lucie County by the South Florida Water Management District (SFWMD) thru the Water Savings Incentive Grant. The Fort Pierce Housing Authority will be providing a fifty percent (50%) $40,000 cash match and a $10,000 in-kind match. Staff recommends that the Board of County Commissioners approve budget resolution 07-070 in the amount of $50,000 to recognize the grant funding in the FY 2006-2007 budget. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY I FLORIDA ',/ i,.' ·f I \. ,J C" l:ì I TO: Melissa Simberlund, Contract Coordinator \\ .1. ,') , , I FROM: Charlene Furtado, Legal Assistant II C.A. NO. 07-0067 1\ .¡ \ i: ;Cf DATE: January 11, 2007 SUBJECT: Contract #4600000471 with South Florida Water Management District; C06-03-769 ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- Attached is an original Agreement with SFWMD for processing to Finance and Community Services. Icaf Attachments Copy to: Contracts Supervisor (w/out attachment) (/) '. If) , ) .~. ,-I '.... .,A ~..~ ::, (~.- ...-' 111 ..:) ;~ ~~ .) lLJ ~¡ 1 (.) E= '. - ",'It ':;J C> -".. F'" ".- :., o:..ì ,.-1 t·" ... (,') oJ :_n lrJ ()fftCE ()f i'.J,/\N.i~GEMEN""f~ !;;sur-.JGFi ...., .....-. / c.:.:: C'"- c:::-~ C.::> (;'...) rt-0 0 LUC~t COUN1V HJ,~RtDA ORIGINAL FY 2007 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM COOPERATIVE FUNDING AGREEMENT Recipient: S1. Lucie County Board of County Commissioners Recipient's Project Manager: Stefanie Myers, Assistant Community Services Director Address: 2300 Virginia Avenue Fort Pierce, FL 34982 Telephone: (772) 462-1176 Fax: (772) 462-2131 SFWMD Project Manager: Bruce Adams Telephone No: (561) 682-6785 Fax No: (561) 681-6264 SFWMD Contract Specialist: Bernadette Harrison Telephone: (561) 682-6378 Fax: (561) 682-5587 Co(P - 03--"709 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Insurance: Not Applicable Federal Employer Identification Number: 59-600835 Project Title: WaterSIP FY2007 - Water Conservation through Indoor Plumbing Fixture Retrofits Description: Replace high-volume water consumption plumbing fixtures for low income households. Agreement No. 4600000471 Page 1 of 8 , . This Agreement is entered into between "the Parties," the South Florida Water Management District (SFWMD), the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE I-PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely install and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A," hereinafter referred to as the "Project", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 This Agreement shall commence on October 1, 2006 and shall terminate on September 30, 2007. 2.2 The Parties agree that time is of the essence In the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION I CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on the first page of this Agreement. Such amount is a not-to-exceed amount and therefore, no additional consideration will be authorized. The Recipient shall provide at least fifty percent (50%) of the total project cost, with the exception of designated REDI communities. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the design and permitting aspects of the Project. District funds will be used only for non- capital costs for the purchase and installation activities described in Exhibit "A." ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District will make payment to the Recipient upon completion and acceptance of the deliverable(s) as described in the Summary Schedule of Tasks and Deliverables, attached hereto as Exhibit "B". The Recipient shall provide certification that all work has been completed in accordance with Exhibit "A" of this Agreement. Agreement No. 4600000471, Page 2 of 8 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District will have the right to inspect all work and review final reports before authorization of payment is made to the Recipient. It is the policy of the District that payment for all goods and services will be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all District requirements as set forth in the Agreement for invoice submission. The time at which payment is due from the District will be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or de1iverables, based on compliance with the statutory requirements set forth in Section 218.70, FS. and upon satisfaction of the District conditions as detailed in the Agreement. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services andlor deliverables may result in an unavoidable delay in payment by the District. All payments due from the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section will bear interest from thirty (30) days after the due date at the rate of one percent (1 %) per month on the unpaid balance. The Recipient shall invoice the District for payment of any accrued unpaid interest. Any disputes regarding invoice payments, which cannot be resolved by the appropriate department of the District, will be concluded by final written decision of the District Leadership Team no later than sixty (60) days after the date on which the District received the proper invoice. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide quarterly progress reports summarizing a brief description ofthe current status of the Project and the extent of Project completion. Progress reports are due by December 31,2006; March 31,2007; and June 30, 2007. The final report is due no later than September 30, 2007. Reports will provide details on the progress of the project and outline any potential issues affecting project completion. Progress reports shall be submitted on the Quarterly Progress Report Form, attached hereto as Exhibit "C". Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Schedule of Deliverables in the Statement of Work, Exhibit "A," attached to this Agreement. ARTICLE 5 - CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager will be responsible for overall coordination and oversight relating to the performance ofthis Agreement. Agreement No. 4600000471, Page 3 0[8 5.2 All notices, demands, or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either party change its address, written notice of such new address shall promptly be sent to the other party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 - TERMINATION I REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by fOlwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District will issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board will determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District will be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District will determine that such termination is in the best interest of the District. Any such termination will be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District will compensate the Recipient for all authorized and accepted work performed through the termination date. The District will be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. Agreement No. 4600000471, Page 4 of8 , . 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent pennitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District will have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or perfonnance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years ITom completing perfonnance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent will have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years ITom the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising ITom perfonnance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. D. Periodic Audits. The District will perfonn audits periodically to ensure funding objectives are being met. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the perfonnance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. Agreement No. 4600000471, Page 5 0[8 ~ ," 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effect these assurances. 8.7 The Recipient hereby assures that it is not on the State's Convicted Vendor List, or the District's Suspension of Contracts List. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District will have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the Parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision will be void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the Agreement No. 4600000471, Page 60f8 District shall have any rights or privileges under this Agreement In any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the perfonnance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perfonn shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work - Exhibit "A" of this Agreement specifies that perfonnance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by gIvmg precedence In the following order: A. Tenns and Conditions outlined in Articles 1-11. B. Exhibit "A", Statement of Work. C. All other exhibits, attachments and documents specifically incorporated herein by reference. 11.3 Failures or waivers to insist on strict perfonnance of any covenant, condition, or provision ofthis Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from perfonning any subsequent obligations strictly in accordance with the tenns of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any tenn or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the tenn hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other tenn or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent pennitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity/outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of Agreement No. 4600000471, Page 7 of8 this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the Parties, their respective assigns, and successors in interest. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Date: ~ SFWMD Procurement Approved: BY~&i,~-~A'i4:) ç/I/I J1.¿,d.~/),./ Jate: I ' r I SFWMD Office of Counsel Approved: By: fXJv-1s 6~ / ¿; 19Ô Jr.") ç~ / / Date: l~ II~ jð ~ Entity's Legal Name: 5-t . Lvc ,-e COU(Y~ B~e ( By Authorized OffiCial~ ? ~/ _ VIÜ:. ClYJ.r( ( PrintedName:_~r '~ û(Lh .j _.___ '~l(¿ Title: CJ\(l/ (IY\.(U\ ,130 C (', I Date: ---.t1\LU\th Ie¡ I dO{j~ Agreement No. 4600000471, Page 8 of8 Exhibit A Statement of Work St. Lucie County Water Conservation Through Indoor Plumbing Fixture Retrofits Introduction In 1992, St. Lucie County began partnering with the State Housing Initiative Participation (SHIP) program to assist low-income residents with the purchase of homes and the rehabilitation of their homes. Since overall state funding of the SHIP program continues to decrease, and the County hopes to keep the program going, it is essential that additional funds are secured for the emergency rehabilitation of the very low-income homes, focusing on the replacement of failing roofs, leaking pipes and deteriorated plumbing fixtures. To further the efforts of the SHIP program under this proposed Water Savings Incentive Program, St. Lucie County will collaborate and subcontract with the Fort Pierce Housing Authority as done in a similar South Florida Water Management District (SFWMD) Water Savings Incentive Program (WSIP) FY04 successful application. During the FY04 project, now underway, 258 rental housing units are being successfully retrofitted at a cost of $290 per unit. However, there remain a large number of Housing Authority units in need of plumbing fixture replacement. The Housing Authority maintains 821 housing units, most of which were built prior to 1970. To date, only 258 of these have had plumbing fixture retrofits. The current project would use Water Savings Incentive Program funds, matched by Fort Pierce Housing Authority funds and in-kind service, to assist in the replacement of plumbing fixtures at an additional 294 very low-income three-four bedroom Housing Authority homes within the City of Fort Pierce. These housing units have been identified as having water consumption above an acceptable level according to current water savings standards. In addition, many of these residents are elderly and are on fixed incomes. Replacing the toilets, showerheads and faucets would result in a net savings of 62% representing 25,861,710 gallons of conserved water per year and a cost savings of at least $163,965 per year. We plan is to submit a follow-up request for WSIP funding for FY08 to complete the retrofit of the FPHA 1960's-era housing units. Coupled with the FY04 award already received and consistent with the District's regional water supply goal, the benefits of this three-year "Indoor Plumbing Retrofit" could be tripled to approximately 77,585,130 gallons of water conserved per year at a cost savings of about $491,889 per year. The Water Savings Incentive Program funds would provide essential dollars for this much needed plumbing fixture replacement program. Since the majority of these homes were built in the early 1960s and have only one bathroom, the replacement of the leaking and old fixtures will guarantee a water savings as well as greatly improve the living conditions of the homeowners. The estimated average cost, including labor, to replace the fixtures in the kitchen and bathroom in these homes is $340 per home. Therefore, it is anticipated that 294 of these 300 homes will be completed with the Water Savings Incentive Program and matching funds totaling $100,000. Page I of7, Exhibit "A" to Agreement No. 4600000471 The water bills for these housing units are currently handled by the Housing Authority. It is anticipated that, in time, these bills will be turned over to the residents. Along with educating residents regarding the conservation benefits and monetary savings, having responsibility for the monthly water bill provides an additional incentive to use water- friendly conservation practices. An added benefit is that this newly-assimilated conservation awareness can be implemented wherever the residents live in the future. S1. Lucie County supports water conservation practices. This project is consistent with at lease the following elements of the S1. Lucie County Comprehensive Plan (January 6, 2004, rev.): 1. Potable Water Sub-Element, Objective 6A2 to "aggressively identify, protect, conserve, and best utilize the County's available water supply". 2. Conservation Element, "Potential for Conservation Use or Protection of Natural Resources, A, Water Resources, 2. Groundwater: a. ". . . the County's water needs are met by the Surficial Aquifer System and the Florida Aquifer System". b. "The Water Resources Act of 1972 mandated each water management district to 'promote the conservation, replenishment, recapture, enhancement, development, and proper utilization of surface and groundwater. . . .St, Lucie County continues to support the South Florida water Management District's water conservation program which helps to prevent loss of water resources and potential contamination of the Surficial Aquifer" c. ""Water conservation refers to water use practices and technologies that provide the services desired by the users while using less water. Water conservation measures achieve long-term permanent reductions in water use." Justification The 294 homes proposed for retrofit were built primarily in the early 1960s and have only one bathroom. Although there is an average of 2.47 persons per household in S1. Lucie County, there is an average of 4.0 persons per household in the targeted homes in Fort Pierce. Showers: It is estimated that each person showers for approximately ten minutes per day, and a 1960s showerhead uses as much as 6 gallons per minute. Therefore, 294 homes with 4.0 persons each showering for ten minutes per day and using 6 gallons per minute are currently using 70,560 gallons of water per day. For a 365-day year, the current usage is 25,754,400 gallons. The retrofit showerhead will use only 2.5 gallons of water per minute. Therefore, 294 homes with 4.0 persons each showering for ten minutes per day using 2.5 gallons per minute will use only 29,400 gallons of water per day. For a 365-day year, usage with the retrofit would be 10,731,000 gallons. Therefore, replacing the showerheads would result in a 58% savings of 15,023,400 gallons per year. Page 2 of 7, Exhibit "A" to Agreement No. 4600000471 Toilets It is estimated that each person flushes the toilet an average of 4.5 times per day, and an early 1960s toilet uses 6 gallons per flush. Therefore, 294 homes with 4.0 persons each flushing 4.5 times per day and using 6 gallons per flush are currently using 31,752 gallons of water per day. For a 365-day year, the current usage with the 1960s showerhead is 11,589,480 gallons. The retrofit toilet will use only 1.6 gallons of water per flush. Therefore, 294 homes with 4.0 persons each flushing 4.5 times per day using 1.6 gallons per flush will use only 8,467 gallons of water per day. For a 365-day year, usage with the retrofit would be 3,090,455 gallons. Therefore, replacing the toilets would result in a 73% savings of 8,499,025 gallons per year. Faucets In a recent study of several U/S cities, estimated inside faucet use averaged about 10.9 gallons per capita per day (gpcd). Faucet use includes drinking water, water for washing and rinsing dishes, shaving and other personal needs. The aerator ultimately determines the maximum flow rate of a faucet. New kitchen faucets now come equipped with aerators that restrict flow to 2.2 gallons per minute (gpm), while new bathroom faucets have aerators that restrict flow rates to an average of 1.0 gpm. Therefore, 294 homes with 4.0 persons each using 10.9 gpd are currently using 12,818 gallons of water per day. For a 365-day year, the current usage with 1960s faucets is 4,678,570 gallons. Using new faucets with low flow rates and practicing minimal conservation methods, the savings will range from 50% for washing hands to 83% for washing dishes to 96% for shaving and brushing teeth. Estimating conservatively, we anticipate that the new faucets will use a maximum of 50% of the water used by the old faucets. Therefore, 294 homes with 4.0 persons each using 50% of 10.9 gpd are currently using 6,409 gallons of water per day. For a 365-day year, the new faucet usage would be 2,339,285 gallons. Therefore, retrofitting the faucets would result in a minimum of a 50% savings of 2,339,285 gallons per year. Leakage In addition, many of the homes have leaking pipes that are causing significant water damage and health hazards since mold, termites and pests are attracted to water damages area. Although it is difficult to estimate the total amount of water that is leaking from the faucets, showerheads, toilets and pipes, it is safe to say that a significant amount of water savings from leaks alone will occur when the fixtures are replaced. As examples: a running toilet means there is a leak, and a slow drip of water from a faucet can wastes 15 gallons or more of water per day. Page 3 of 7, Exhibit "A" to Agreement No. 4600000471 Cost Previous experience indicates that it took approximately $290 to retrofit a home in FY2004. The dramatic increase in construction costs due to the recent hurricanes indicates that the current estimate of $340 per unit is conservative and justified. Two hundred and ninety-two housing units at $340 each equals a total cost of approximately $100,000. Conclusion Replacing the toilets, showerheads and faucets would result in a net savings of 62% representing 25,861,710 gallons of conserved water per year, as summarized below: Old (gal.) New (gal.) Savings (gal.) Savings (%) Showers 25,754,400 10,731,000 15,023,400 58% Toilets 11,589,480 3,090,455 8,499,025 73% Faucets 4,678,570 2,339,285 2,339,285 53% Leakage unknown unknown unknown Total 42,022,450 16,160,740 25,861,710 62% Savings Cost Savinas The cost savings in water and sewage can be estimated using the Fort Pierce Utility Authority's base rate of $2.37 per 1,000 gallons of water over the minimum allowed gallons and $3.97 per 1,000 gallons of sewage. (25,861,710 gallons saved per year / 1,000) = 25,862 25,862 x ($2.37 + $3.97) per 1,000 gallons = $163,965/ year savings At a return of $163,965 per year, the $100,000 joint investment would pay for itself in less than 8 months, and then provide significant and lasting benefits for years to come. Combined Cost Savinas Our plan is to submit a follow-up request for WSIP funding for FY08 to complete the retrofit of the FPHA 1960's-era housing units. Coupled with the FY04 award already received, in rough terms, the benefits of this "Indoor Plumbing Retrofit" could be tripled: (25,861,710 gallons saved per year x 3 three years = 77,585,130 gallons/year 77,585,130 gallons / 1,000) = 77,585 77,585 x ($2.37 + $3.97) per 1,000 gallons = $491,889/ year savings The formal bid procedures will further assure that costs are minimized for maximum cost/benefits. Page 4 of7, Exhibit "A" to Agreement No. 4600000471 Scope The primary goal of this grant project is to conserve valuable potable water that is being wasted through the use of out-of-date plumbing fixtures. The secondary goal is to improve living conditions for very low income families in Fort Pierce Housing Authority 3 - 4 bedroom housing units. To achieve these goals, Water Savings Incentive Program funds and the match will be used to purchase and replace the toilets, showerheads and faucets in at least 294 of these low-income units. The County will subcontract with the Fort Pierce Housing Authority as it did in a similar FY04 successful application. Contractor bids will be requested for the 294 homes. The lowest bidders will be chosen to complete the plumbing fixture replacements in each home. When the retrofits are completed, the objective of conserving water will have been met with a savings of 26 million gallons of water per year. The benefit will be a significant (62%) and long lasting reduction in overall water use for the region; the improved quality of life for these low-income residents will be evident by the removal of leakage from their homes; and the residents will have had the opportunity to have been educated regarding water-conservation practices. Initially the cost benefit will be reflected on Fort Pierce Housing Authority's water bills. However, a future objective is to turn the water bill over to the residents of each unit. By replacing the fixtures and educating the residents prior to transferring the accounts, the end users also will reap the benefit of the lower cost. Work Breakdown Structure The Fort Pierce Housing Authority has initiated the first step by identifying 300 of its housing units that are in dire need of having their 1960s-era plumbing fixtures replaced. The units were identified based upon the age of their plumbing fixtures. Meeting or talking with residents to explain how and why the fixtures will be replaced will facilitate cooperation and also provide the opportunity to educate residents - using readily- available printed material such as SFWMD's "Splash Quick Facts on . . . 50 Ways To be Water Smarf' - about further water-conserving practices they themselves can initiate now to keep cost down and in anticipation of when they become responsible for the water bills themselves. Scheduling of work days with residents will be conducted by Fort Pierce Housing Authority staff. Units in close proximity to each other will be scheduled together to capture economies of scale by completing work one area at a time. Copies of the water bills for each unit for representative periods will be obtained to evaluate how much water is being used before the retrofit and after the retrofit. This will enable a determination of the amount of water that is being saved and the conservation level achieved. Water bills will be requested in the approximate order in which the respective units will be scheduled. This will allow comparison periods to be established and will not place an Page 5 of7, Exhibit "A" to Agreement No. 4600000471 undue burden on the water provider by asking for three hundreds water bills immediately or all at once. In addition, those units that are scheduled for May, June and July will probably not have comparable water bills available until after the August, September and October billing periods are completed. For these units and others scheduled late in the project year, for which comparables are not available during the project year, we will continue to obtain the comparable period water bills for our own benefit after project completion, in order to better evaluate the success of the entire program. The formal bid procedures and quantity purchases of plumbing fixtures will assure that costs are minimized for maximum cost/benefits. The contractor will be required to complete the retrofits by the end of July 2007, in order for the County to meet the required project completion date of August 14, 2007. However, the contractor will be allowed flexibility as to how he schedules the work, as long as he demonstrates that he is moving forward and will meet the required deadlines. And recognizes that the sooner the work is completed, the sooner the water conservation measures will be in place. Location of the Project The project site is the location of 294 individual homes within specified development within the City of Fort Pierce. Page 6 of7, Exhibit "A" to Agreement No. 4600000471 Schedule of Deliverables Start Finish 8/1/06 9/29/06 8/1/06 9/29/06 1 0/2/06 1 0/2/06 1 0/2/06 10/17/06 1 0/2/06 1 0/17/06 11/1/06 11/15/06 11/15/06 6/29/07 1/15/07 6/29/07 1/2/07 1/2/07 1/2/07 1/12/07 1/2/07 7/31/07 2/1/07 3/30/07 3/30/07 6/29/07 8/1/07 3/30/07 6/29/07 8/10/07 8/14/07 8/14/07 Deliverable Contract received from SFWMD Contract reviewed and approved by St. Lucie County Board of County Commissioners SFWMD executes agreement FPHA establishes budget Subcontract agreement with FPHA reviewed and approved by BOCC Request bids to replace plumbing fixtures Talk or meet with residents to explain project and educate regarding water conservation practices. Schedule work day appointments with residents. Submit first quarterly SFWMD report, due 1/1/07 Bid is awarded Replace fixtures at average of 43 housing units per month. Obtain water bills for relevant periods such as February - November, 2006 to capture representative three-month periods of usage before retrofits. Submit second quarterly SFWMD report, due 4/1/07 Submit third quarterly report, due 7/1/07 Obtain water bills for relevant periods, such as February - July, 2007 to capture representative three-month periods of usage before retrofits. Complete project and submit final report and final invoice to SFWMD, postmarked no later than 8/14/07. Schedule of Post-Project Activities 11/30/07 12/14/07 11/30/07 12/21/07 Post proiect - Obtain water bills for August - November, 2007 to capture remaining representative three-month periods of usage before retrofits. Post proiect - Do final comparison of water usage before and after retrofits using comparable three-month periods Page 7 of7, Exhibit "A" to Agreement No. 4600000471 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES · A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one (1) year agreement. · The Recipient shall submit all deliverables to the District's Project Manager. All deliverables submitted hereunder are subject to review by the District. The Recipient hereby agrees to provide the District all deliverables, data and infonnation described in the Statement of Work. · The Recipient shall provide quarterly progress reports summarizing a brief description of the current status of the Project and the extent of Project completion. Progress reports are due by December 31, 2006; March 31, 2007; and June 30, 2007. The final report is due no later than September 30, 2007. Reports will provide detail on the progress of the project and outline any potential issues affecting project completion. Progress reports shall be submitted on the Quarterly Progress Report Fonn, attached hereto as Exhibit "C". · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $50,000.00. All payments are subject to District fiscal year appropriations. The Recipient shall contribute funding in the amount of$50,000.00. 1 Status Report December 31, 2006 0 2 Status Report March 31, 2007 0 3 Status Report June 30, 2007 0 4 Invoice Submission No later than August 14,2007 $50,000.00 5 Final Report No later than September 30, 2007 0 Total $50,000.00 Page 1 of 1, Exhibit "B" to Agreement No. 4600000471 EXHIBIT "C" FY 2007 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM QUARTERLY PROGRESS REPORT FORM Contract #: 4600000471 Reporting Quarter: 1 2 3 4 Project Title: Funding Recipient: Progress Summary: Tasks Completed: Tasks Behind Schedule: Recommended Actions: Submitted by: , Project Manager, E-Mail: Report Submittal and/or Questions: Please E-mail to Bruce Adams, Program Manager at badams Page 1 of I, Exhibit "c" to Agreement No. 4600000471 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov -. '~.~_...._......_-_.,.._._~_._-"...~---~.~..:.~ ,fê ~"Y~; ':,' >j) r;,¡; ':,,,;ÒI ':,1 \C,,,, ,.:., December 27, 2006 , ¡ :: '~ ~ ",~, r'o'" Ms. Stefanie Myers Assistant Community Services Director St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 ,. t 1.~" ~"'" :' ,~~ \ '"1"1 ., (r,;.f:l'~ .i ~ ~ ~,;.?, '. . "\ .:~ Dear Ms. Myers: Subject: Contract # 4600000471 WaterSIP FY2007 - Indoor Plumbing Fixture Retrofits Please find enclosed one (1) fully executed copy of the above referenced document. Thank you for your efforts on behalf of the South Florida Water Management District (District). Should there be any questions, or if you require any additional information, please contact me. Sincerely, ~~~v .. Bernadette Harrison Contract Specialist Procurement Department bharriso@sfwmd.gov (561) 682-6378 FAX: (561) 681-6275 BH /kp Enclosure c: Bruce Adams-MSC4360 Procurement/Original File GOVERNING BOARD EXECUTIVE OFFICE 1\T1,...nt~c T (':l1f;6"rp'7 l.. PCrT Lennart E. Lindahl, r.E. Harkley R. Thornton 't\1f;-¡lrnlm c; W:;\rI¡::. Tr Carol Ann Wehle, Executive Director Kevin McCarty, Chair Irela M. Bagué, Vice-Oll/i,. 'PI.1f1H'\ R........ .C:.Dur,:,~·. Alice J. Carlson Michael Collins COMMUNITY SERVICES MEMORANDUM #07-102 TO: Dan Mcintyre, County Attorney L/ Stefanie Myers, Assistant Director of I FROM: SUBJECT: DATE: Contract Number for SFWMD Grant January 5, 2007 J:JtJ ¡j 'i n \'..~ Please assign a contract number to the attached executed copy of the South Florida Water Management District received from SFWMD Procurement Department. Thank you for your assistance in this matter. C: Beth Ryder, Director J / \~ ~'í,-' \' / Q'jrlJl & n L" \~,J .... AGENDA REQUEST ITEM: # C-8 DATE: February 27,2007 TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] ~~ Carl HoTeva: Director, Human Resources SUBMITTED BY (DEPT): Human Resources SUBJECT: Cellular Phones: Authorization; Issuance and Usage BACKGROUND: On February 6,2007, the Board approved Consent Agenda C-51, to begin Phase 1 of the County Cell Phone Allowance Program. The attached Draft Policy entitled Cellular Phones: Authorization; Issuance and Usage addresses the use of County issued Cellular Phones as well as the Usage Agreements for both Phase 1 implementation as well as further Phase 2, County wide implementation of the allowance program when approved. GENERAL NOTES: The attached Cellular Phones; Authorization; Issuance; and Usage Policy clarifies the responsibilities of both County officials as well as employees in regards to the issuance and usage of County issued cellular phones as well as the S1. Lucie County Cellular Phone Allowance Agreement approved in Phase 1. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval of Cellular Phones: Authorization; Issuance and Usage Policy. COMMISSION ACTION: CONCURRENCE: [)à APPROVED [] DENIED [ ] OTHER: Approved 5-0 4. Review and Approvals Purchasing *-. County Attorney: '¡~.w, on'"! u Originating Dept.~. ~ Management & Budget: Other: Other: Finance (Check for Copy only, if applicable)_ · t' Board of County Commissioners St. Lucie County, Florida oooo~w~~ Policy No. Title: Date Adopted: Effective Date: Reference: Cellular Phones: Authorization; Issuance; and Usage N/A It shall be the policy of the Board of County Commissioners of St. Lucie County, Florida, that: Policy No. is adopted to wit: A. Authorization and Issuance: 1. Cellular phones, owned, or leased, by the County, or cellular phone allowances may only be issued to the following County personnel: a. County officials or employees whose job responsibilities require the use of such technology for the efficient provision of County services, or for the safety of employees in the provision of County services; b. County officials or employees whose job requirements include emergency response or on-call duties; c. Other personnel as approved by the County Administrator. 2. All purchases or leases of such technology shall be approved, 111 advance, by the County Administrator. B. Countv Issued Cellular Phones: 1. Usage a. All County officials or personnel issued a cellular phone shall be required to sign a "Usage Agreement" with the County which shall denote the receipt of the technology and understanding of the usage guidelines. b. The Purchasing Department will serve as Contract Administrator for the County Cellular Phone Program and administer cell phone provider contracts and employee "Usage Agreements'. c. All County Officials or employees shall use this technology for County related business only. However, if such employee makes or receives a personal call on a County-issued cellular phone, then that employee is required to pay for all calls to the County. The use of a County cellular phone for personal business is only allowed for such instances as emergencies or notifying family members YOLl are working late. " Employees in such circumstances are required to assist the cellular phone representative for their Department/Division in differentiating between business- related and personal calls, and to remit the full amount owed for personal calls upon notification. Reimbursements shall be made at the pooled package rate per minute. A copy of the invoice highlighting personal calls indicating a total for each month and a check payable to St. Lucie County Board of County Commissioners shall be submitted to the respective department for all personal calls. d. St. Lucie County reserves the right to monitor and audit the use of all County issued cellular phones. e. Reasonable precautions should be made to prevent theft and vandalism. f. Cellular phones should not be used when a less costly alternative IS safe. convenient, and readily available. g. All expenses for the use of such technology by the County for County related use shall be paid from the operating budget of the receiving department or division. 2. Monitoring and Control: a. By reviewing monthly schedules of cell phone activity, immediate supervisors and department/division heads should monitor the use to insure they are being used appropriately. b. Each user shall review monthly service billings to determine and remit, as appropriate, a payment at the pooled package rate per minute for each call of a non-county related purpose. c. Inappropriate use of cell phones shall be reported to respective department head and dealt with according to St. Lucie County Personnel Policies and Procedures. d. The Purchasing Department will provide an annual report of cell phone activity which includes cost, minutes used, and other pertinent information to assist in the monitoring and control of cell phone usage within the County. 3. County Officials, Employees and/or Department/Division Responsibilities: a. Those County Officials and employees who are issued a cellular telephone shall be responsible for the operation, condition and security of that telephone while it is in their possession. The County Official or employee shall take all necessary precautions to ensure that the telephone is not subjected to conditions that would adversely affect the telephone or for which it was not designed. b. Each department shall be responsible for maintaining an inventory tracking mechanism for each cell phone purchased by their department. c. A master inventory of all cellular phones will be maintained by the Purchasing Department. The information for the master inventory will be furnished by the respecti ve departments to the Purchasing Department. OOOO~~1i Page 2 of 6 _i ( d. Each department shall be responsible for maintal11l11g sign out sheets for temporary reassignments of equipment. This should be tracked at the division and/or department level. e. Upon termination of employment or upon the termination of tenure in office with St. Lucie County, it shall be the responsibility of the County Official or employee to whom a cellular phone is assigned to return said phone to their supervisor or to the County Administrator prior to their last date of employment or service in office. Failure to do so may result in the cost of the phone being withheld from the said County Officials and employee's final paycheck until such time as said cellular phone is returned to St. Lucie County. C. Cellular Phone Allowance: 1. As an alternative to using a County-issued cellular phone, authorized County Ot1ìcials and employees, as determined by the County Administrator or County Attorney, may receive a monthly allowance on their non-county owned or leased cellular phone if it is appropriately used for County related business. If a County Official or employee is approved for this option, the County Official or employee must provide the County their cell phone number to be used for County business and sign a Cellular Phone Allowance Agreement. The County will not be responsible for the loss of, or damage to, employee-owned cellular phones. The County Administrator reserves the right to discontinue the cell phone allowance of any previously authorized employee. 2. Authorization Those individuals who are authorized by the County Administrator or County Attorney to participate in the County's Cell Phone Allowance Program include: County Commissioners, Commission Aides, appropriate Department Directors and others as determined by the County Administrator. Special exceptions will be approved by the County Administrator or County Attorney or their designee. 3. Rate The cellular phone allowance rate will be established by the County Administrator. and may be based upon comparable industry standards for cell phone service or on the standard basic service level rates and minutes provided for County issued phones fì-om an approved County Cell Phone Provider. moo&w~ Page 3 of 6 St. Lucie County Board of County Commissioners COUNTY ISSUED CELLULAR TELEPHONES USAGE AGREEMENT CERTIFICATION POLl CIES/RESPONSIBILITIES COUNTY OFFICIAL/EMPLOYEE CERTIFICATION I hereby certify by my signature that I have been provided a copy of the County policy for Cellular Phones; that I have read and understand the requirements contained therein; and that I agree to comply with the requirements of the policy as now written or amended in the future. Name of Authorized User: Signature of Authorized User Date: Name of Division Cellular Phone: Mfr Model Serial # Cellular Phone # Approved By: Department Director's Signature Date: Please submit completed agreement to the Purchasing Division. fü}OOL4\W~ Page 4 of 6 St. Lucie County Cellular Phone Allowance Agreement rmOO&!lfV Name: Title: Cell # Department: Service Provider This Agreement is entered into between St. Lucie County, Florida hereinafter referred to as the "County" and, hereinafter referred to as "Employee," on the day of , 20 WHEREAS, the County desires to provide the tools to help contact County Officials and employees when they are needed; and WHEREAS, County Officials and employees have indicated a desire for the County to provide an allowance for the use of their non-county issued phone for County business; NOW, THEREFORE, in consideration of the terms, conditions, and performance requirements contained herein, the parties hereto agree as follows: A. THE COUNTY OFFICIAL OR EMPLOYEE SHALL: 1. Provide the County their cell phone number and allow it to be published and used for county business. 2. Agree to assume full responsibility for any and all cost associated with cellular phone service, including county related matters. 3. Pay for any installation charges and any equipment needed, which will remain the property of the employee. 4. Maintain the monthly service as a condition of allowance and notify in writing the appropriate division director if at anytime the employee disconnects their personal cellular phone service for any reason or for any length of time. 5. Not hold the County responsible for the loss of, or damage to, an employee owned cellular phone. 6. In consideration of the allowance paid by the County pursuant to this agreement. Fully indemnify, release and hold harmless the County for any monetary cost or claims of any nature arising out of this cellular phone agreement. B. THE COUNTY SHALL: 1. Authorize the County Official or employee to receive an allowance. 2. Provide an allowance to said County official or employee at a rate to be determined by the County Administrator in accordance with County Policy. Page 5 of 6 C. TERM: 1. The term of Agreement shall begin on , 20 and shall automatically renew annually unless terminated according to the provisions herein. D. TERMINATION: 1. Termination for Convenience. Either party may terminate the Agreement immediately upon written notice to the other party. 2. Termination for Cause. If the party fails to perform in the manner called for in this Agreement, or if the fails to participate actively with the County or does not maintain an acceptable performance evaluation, the County may terminate this Agreement. 3. Termination of employment with St. Lucie County. If the party terminates his/her employment with St. Lucie County all allowance costs shall cease on the effective date of such termination. I hereby certify by my signature that I have been provided a copy of the County policy for Cellular Phones; that I have read and understand the requirements contained therein; and that I agree to comply with the requirements of County policy, as may be amended. Employee Signature Date: Approved By: Division Manager: Date: Department Director: Date: County Administrator: Date: Please submit completed agreement to the Purchasing and Human Resources Department. IIDOOIA\FT Page 6 of 6 '" ITEM NO. C-9-A DATE: 02/27/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasinq Director SUBJECT: Fourth Amendment to Contract COO-09-539 with Harbor Branch Environmental Laboratory, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 401-3410-599300-300 - Operating Reserve PREVIOUS ACTION: On June 7, 2005 the Board of County Commissioners approved the third amendment to the contract. RECOMMENDATION: Staff requests Board approval of the Fourth Amendment to Contract COO-09- 539, and authorization for the Chairman to sign the Amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ()Q APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney (X) f./J " Coordination/Sianatures Mgt. & Budget ( ) Other ( ) Purchasing (X) ¥' Engineering. ( ) Other ( ) Finance: (check for copy, only if applicable)_ PURCHASING DEPARTMENT MEMORANDUM _.__"__"____."_._""....___'''"_,___.._~....__u____"~___<_""_"~_ " .,_...._.- .-.....,..-. -.....--. ~- _ _..._h. "..~~ ._..___"_"~..".._...~.~..._~,."._.·M~.'·"'·_~_" "....u."._" _C,_,_,_··n.'_.'__"""""'_~._'__' ,-_. '.",.--.'- ..- --_-..,_..," -.' .,-.-. -- ,._- TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: February 28, 2006 Fourth Amendment to Contract COO-09-539 with Harbor Branch Environmental Laboratory, Inc. RE: Backaround: On September 28, 2000 the Board of County Commissioners approved Harbor Branch Environmental Laboratory, Inc. to provide field collection and analytical services for the Landfill and the Golf Course. The initial contract was for five (5) years with two (2) one- year renewal options. On August 27, 2002 the Board of County Commissioners approved the first amendment to the contract changing their name from Harbor Branch Oceanographic Institute, Inc. to Harbor Branch Environmental Laboratory, Inc. On April 27, 2004 the Board of County Commissioners approved the second amendment to the contract to provide for additional charges for field collections and analytical services due to FDEP requirements and groundwater problems. On June 7,2005 the Board of County Commissioners approved the third amendment to the contract exercising the first of the two one-year renewals options. Staff would now like to exercise the second one-year renewal option. Recommendation: Staff requests Board approval of the Fourth Amendment to Contract COO-09-539, and authorization for the Chairman to sign the Amendment as prepared by the County Attorney. , ~ COO-09-539 FOURTH AMENDMENT TO AGREEMENT FOR LABORATORY SERVICES THIS FOURTH AMENDMENT is made and entered into this day of ,2007, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and HARBOR BRANCH ENVIRONMENTAL LABORATORY, INC., hereinafter referred to as the "Consultant". WIT N E SSE T H: WHEREAS, on September 28, 2000, the parties entered into an agreement for field collection and analytical services; and WHEREAS, on August 27, 2002, the parties amended the agreement to change the name from Harbor Branch Oceanographic Institute, Inc. to Harbor Branch Environmental Laboratory, Inc.; and WHEREAS, on April 27, 2004 the parties further amended the agreement to provide for additional charges for field collection and analytical services due to FDEP requirements and groundwater problems; and WHEREAS, on June 7, 2005 the parties further amended the agreement to exercise the first one-year renewal option extending the contract through September 30, 2006; and, WHEREAS, the parties desire to further amend the September 28, 2000 agreement to exercise the second of the two (2) one-year renewal options extending the term through September 27, 2007. 1 I .. , COO-09-539 NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 4 of the Contract is hereby amended to read as follows: 4. TERM The term of this contract shall be from the date first written above and continue through and including September 27, 2007. 2. All other terms and conditions of the original Contract and the First Amendment to the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed or have caused this First Amendment to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this First Amendment. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: HARBOR BRANCH ENVIRONMENTAL LABORATORY, INC. BY: Print Name: Title: 2 ....., ~1Ii_~1f.~ i', ;'- ~"; \: ·".,):¡}~JJiI"·:'J;,-,"-:rf' ""Jib - ¡, -·w'?", _ .:'", ..: ','_ ITEM NO. C-9B DATE: 2/27/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasinq Director SUBJECT: Award of Bid #07-026 -Customs Building HVAC Renovations to the lowest responsive, responsible bidder, Sea Coast AlC and Sheet Metal, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 140-4210-563000-48011, Infrastructure PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests Board approval to award Bid #07-026 to the lowest responsive and responsible bidder, Sea Coast Air Conditioning and Sheet Metal, Inc. for the total amount of $114,301.00 and authorization for the Chairman to sign the èontract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~) APPROVED () DENIED ( ) OTHER Approved 5-0 ~ Dou a Coun (\ l' County Attorney (X) ji{f ~ \,(/ Airport (X')-!:)Z:¿0~7 CoordinationJSi~ natures Mgt. & Budget ¡.¡ ~ Central services'(X) ~ ~ Purchasing (X) ~,,/ ,. ~/ Other ( ) Finance: (check for copy, only if applicable)_ ,J " -"''''''''T<Ie''__ (,fi;~~~;"\¡f¡)¡t'f"';t~$i,,¡¡j;,i "Z~iJi¡, ..', -"'''''.' r~~~;~~~il;:c'l;i:"'i. ,..~,"'~."_ "", ,',', ','.;' ':--" PURCHASING DEPARTMENT MEMORANDUM - ----- -.---....... <--..,-."'''-'---''-'" ~~ ." ~_, ',_ _.._.,..__.____._ .",,' N ,,_. _._ .__._..+_~__"."._.._... _ . ..____ '."'_'._ _" ._"_~ "., --"'_.,..""--"'" TO: Board of County Commissioners Neil Appel, C.P.M., Purchasing Directo~~! February 28, 2006 FROM: DATE: RE: Award of Bid #07-026 -Customs Building HV AC Renovations to the lowest responsive, responsible bidder, Sea Coast AlC and Sheet Metal, Inc. Backç¡round: The AlC system at the Customs building is twenty-eight years old and in need of constant repair. It was determined that replacement of the existing unit was more economical than additional repairs. The replacement includes the equipment, some ductwork as well as modifications for better indoor air quality. Recommendation: Staff requests Board approval to award Bid #07-026 to the lowest responsive and responsible bidder, Sea Coast Air Conditioning and Sheet Metal, Inc. for the total amount of $114,301.00 and authorization for the Chairman to sign the contract as prepared by the County Attorney. "'"' ITEM NO. C-9-C DATE: 02/27/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Neil Appel, Director SUBJECT: Cancel Assignment of Contract C05-12-686 from A1A Employment of Miami to Capital TempFunds, Inc. BACKGROUND: See the attached memo. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On November 14, 2006 the Board approved the Assignment of Contract C05-12-686 from A1A Employment of Miami to Capital TempFunds, Inc. RECOMMENDATION: Staff recommends that the Board approve the cancellation of the assignment of contract C05-12-686 from A1A Employment of Miami to Capital TempFunds, Inc. COMMISSION ACTION: CONCURRENCE: Coordination/Siqnatu res (~APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney (X) ¡,)1 tj,r' .. Mgt. & Budget C;' Purchasing (X) :(i) Originating Dept. ( ) Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ Þ PURCHASING DEPARTMENT MEMORANDUM \I1~~tí~Jf..·' '-'~;_" . ".y. " f.. .', . ". , ,;¡:i:j~";!<i;!,i\(..:¡;<:" "iF-', <i~'1-!i~~,j;(~,;_~.-i:~~~~~~t~1i,¡', :f ~'r.:!..,,#.j.' -æ" ,':~/' ,<;"".!"!<~,.,,,,.~':t."~~." ,""".," .', .___, _..~.<._.___~,.___ ,_,_, .~_~...__~__ ... ¥.._. ··m.____'·_"_U .._....<._"__._._~_<.., ... ,..-....._. ..-.,.,., .-_..~_.._.,-~.-'~~' ... - _..' '-'-' -'''''''"_.''~ ,_._-~- -.--,,-.- '''''-'-' ,..~..",.- TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: February 20,2007 RE: Cancel Assignment of Contract C05-12-686 from A1A Employment of Miami to Capital TempFunds, Inc. BACKGROUND: On July 20, 2005, Bid #05-079 - Event Cleaning of Tradition Field Sports Complex was opened. Six hundred and eight (608) companies were notified, nineteen (19) plans were distributed, and five (5) bids were received. The apparent low bidder National Cleaners is declared non-responsive for the following reasons: 1. Staff is unable to contact them. The telephone number listed in the bid is no longer in service. 2. Three (3) references stated they would not use this firm again. St. Lucie County entered into a Contract with A1A Employment of Miami for an initial contract of two (2) years with two (2) additional one-year renewal options. St. Lucie County was notified that Contract C05-12-686 was assigned to Capital TempFunds, Inc. due to a working capital line of credit. As part of this financial arrangement, all accounts receivable have been assigned to Capital Tem Funds, Inc., and all future payments must be made to them. On December 20, 2005 the Board awarded Bid No. 05-079 - Event Cleaning of Tradition Field Sports Complex to A1A Employment of Miami Capital TempFunds, Inc. would not sign the assignment as prepared and A1A Employment of Miami, Inc. will continue to honor the terms and conditions of the original contract. All purchase orders and payments will continue to be made to A1A Employment of Miami, Inc. RECOMMENDATION: Staff recommends that the Board approve the cancellation of the assignment of contract C05-12- 686 from A1A Employment of Miami to Capital TempFunds, Inc. ....... ITEM NO. C-9-D DATE: 02/27/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel, Director SUBJECT: First Amendment to Contract C06-05-346 with Snappy Auto Care, Inc. BACKGROUND: See the attached memo FUNDS AVAILABLE: Account#001-1920-546006-100 (Equipment Maintenance - Sublet) PREVIOUS ACTION: On May 23, 2006 the Board of County Commissioners awarded St. Lucie County Bid No. 06-048 to Snappy Auto Care, Inc. for preventive maintenance service. RECOMMENDATION: Staff recommends Board approve the first amendment to contract C06-05-346 with Snappy Auto Care, Inc. for Maintenance Services for Cars and Pick Up Trucks and permission for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: )c) APPROVED ( ) OTHER ( ) DENIED Approved 5-0 ADMINISTRATOR Coord i nation/S iq natures County Attorney (X) Originating Dept. ( ) () ',fi. / f/ i'/'<!"/.. '. -... r. Mgt. & Budget (X) J# mlJt¿; Other ( ) Purchasing (x)';h , Other ( ) Finance: (check for copy, only if applicable)_ .. PURCHASING DEPARTMENT MEMORANDUM œ~~¡¡·''I>f[';t;'~,"",.. ¿.. ·'¡iB~_íf1!t!I;""ii"é¡;; ~~\~ìP.<'ò·\~e",þf~~if.;"'ri~_'" ''¡k ó--' ¡ " . _!l:~ ~,_. -- ~\:. ,-;',t;,-;'''''':il~ '''_-1'I~''''''''':<'~' " "~". ,'-, ¡ .",.. .. ~'. '-, ,f,,~> . " - - "..~_. ._._,~-._."._-_._-,,_._..-~._.- -'-- ,- _._~. ~- _....~_..__..__.._._. _._._~-_.._. -""_.,,._..- ~.-.__.._. --~._",,-, . .-~-'-'- .,-.----.- .__ ~.._. _,__' ," __.__ .... ,. ~ "._ ...._ .__._._~._.~._~_..___.._ "_..__....."'."~,__._._.."..~u.._.._._._.·___. ,_..",_,_-,,_._"_,_'__ ·__'·_'-~r_ ".-<_"_._' TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: February 20, 2007 RE: First Amendment to Contract C06-05-346 with Snappy Auto Care, Inc. BACKGROUND: On May 3, 2006, Bid #06-048 - Preventative Maintenance Services for Cars and Pick Up Trucks was open for the Central Service Department. One hundred and twenty-seven (127) vendors were notified, six (6) documents were distributed, and two (2) bids were received. On May 23, 2006 the Board of County Commissioners awarded St. Lucie County Bid No. 06-048 to Snappy Auto Care, Inc. for preventive maintenance service for an initial term of one (1) year with two (2) additional one-year renewal options. Due to the purchase of newer model vehicles, St. Lucie County is requiring different air filters to be installed during maintenance then originally bid. Staff would like to amend the line item on the bid addressing air filter to be a range ($8.00 to $25.00) so that St. Lucie County has the option to purchase the correct filter for each vehicle being maintained. RECOMMENDATION: Staff recommends Board approval to award Bid #06-048 Preventative Maintenance Services for Cars and Pick Up Trucks to the low bidder Snappy Auto Care Inc. per the attached bid tabulation, and permission for the Chairman to sign the contract as prepared by the County Attorney. C06-05-346 FIRST AMENDMENT TO MAY 23, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND SNAPPY AUTO CARE, INC. THIS FIRST AMENDMENT, is made and entered into this day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and SNAPPY AUTO CARE, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on May 23, 2006 the parties entered into a contract to provide preventive maintenance services for county's cars and pick-up trucks on an as needed basis; and, WHEREAS, the parties desire to amend the Contract to change two (2) line items on the bid form to allow for a range of filters and prices. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1 . The Bid Form Bid #06-048 is hereby amended as set forth in the Bid Form Bid #06-048 attached hereto and made a part hereof as Amended Bid Form Bid #06-048. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 WITNESSES: SNAPPY AUTO CARE, INC. BY: C06-05-346 Print Name: Title: 2 '. "AMDNEND" BID FORM #06-048 Item Description Unit Price 1. Normal Preventive Maintenance Service Charge for Autos and Pickups based on five (5) quarts of oil and oil filter. Estimated Downtime: 12 minutes $ 16.99 2. If more than five (5) quarts of motor oil required, price per additional Quart. $1.49 3. Fuel filter for diesels - replace each time diesel vehicle is serviced. $ 15.99 4. Fuel filter for gasoline engines - replace if needed $ 9.99 5. Air filter for diesels - replace each time diesel vehicle is $ 8.00 - serviced $25.00 6. Air Filter for gasoline engines - replace if needed. $ 8.00 - $25.00 7. Transmission Fluid, Filter and Gasket Estimated Downtime: 45 minutes $ 69.99 8. Transmission Flush for Autos and Pickups Estimated Downtime: 45 minutes $ 69.99 9. Single Wheel - Remove wheels and check brake pads, cylinder and drums, and report if needed. Rotate tires if needed. Estimated Downtime: 15 minutes $ 7.99 10. Dual Wheel - Remove wheels and check brake pads, cylinder and drums, and report if needed. Rotate tires if needed. Estimated Downtime: 15 minutes $ 7.99 11. Windshield Wiper Blades, 18 - inch, replace if needed $ 5.99 12. Windshield Wiper Blades, 22-inch, replace if needed $ 6.99 13. Signal Light Bulbs, replace if needed $ 2.99 14. Clearance Light Bulbs, replace if needed $ 2.99 15. Parking Light Bulbs, replace if needed $ 2.99 16. Headlight Bulbs, replace if needed $ 14.99 Note: Estimated downtime is defined as the length of time from when our vehicle arrives in your shop until our vehicle departs your shop. ·SNAPPY AU'TO CARE To 'whom it ma)' ""OUten.. f)m~ to tit.· Jligh çl,si I)f he air'flJters nus-omc newer ychides Snapp)' Auto Car{~ is J'cqucstlng a .. .wl~lou to tbrr.01Ürad between Snappyønd StLl1cic Count thut the jUtlount .:burged fl.r air filters from StJ.99 to a n1Dge of $8.00 to $25.00.1 you have un" qutsdons please feel fret '0 taU us anytime at (772)489-9587. Tbßn~ You. Snappy Aut(, (:ae:.¥ "^',/".."..... ~7",,-:f-:-';/ /;" ,/;j~ .-''''.''-:3",> ,t-:;.'\ ¿;£.. ") (... y.,- ./".. ~. .._' _._.......:::;..;;-:_:"'.;".,~."...-"... i~,;·1J.é" ~.....:,.""~. ~1 ..."^, . w~..~~.·· ;"1'" ~ "- - . ..... ~ . : " ' ~ -", ,'. . . , '- . ¡. ",\ ...... "". . ., -'.s.'" ,I. . ~~'- _J':-: " ITEM NO. C-9-E DATE: 02/27/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Director SUBJECT: First Amendment to Contract C02-03-331 with Baker & Taylor, Inc. BACKGROUND: See the attached memo FUNDS AVAilABLE: Other Contractual Services Account No. 001-7110-534000-700 Library, Special Grant Funds, Other Contractual Services Account 105-7115-534000-7950. PREVIOUS ACTION: On March 5, 2002 the Board of County Commissioners awarded St. Lucie County Bid No. 02-036, Book Leasing Program to Baker & Taylor, Inc. RECOMMENDATION: Staff recommends Board approve the first amendment to contract C02-03-331 with Baker & Taylor, Inc. for Book Leasing Program and permission for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: (x) APPROVED () DENIED ( ) OTHER ADMINISTRATOR Coord i nation/S iQ natures County Attorney (X) Originating Dept. ( ) (_2~ Mgt. & Budget (X) r9f rI'~ Other ( ) Purchasing (X) -;;;:z:.. ._ Other ( ) Finance: (check for copy. only if applicable)_ - ',;¡ - ," '~'," ;'~ J,I' ' '.,,- "<', ,I, ,~} ~,' h. -" -.' ,'- ,'. PURCHASING DEPARTMENT MEMORANDUM ....'--_.. '~'-_. -" -,- ---' ----, - ,_ . __,_,... .........._'" ...'",..,..,__.__._._,,_.___"__,_..____.____.___.,___~_.___~__,_.'·.,__.._._.____~_u_.~__..___,__~>'..___,__,~_~_""'~~__~_"""_"'" ____._."u.~~_._._._,_'^." TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: February 20,2007 RE: First Amendment to Contract C02-03-331 with Baker & Taylor, Inc. BACKGROUND: On February 20, 2002 bids were opened for a Book Leasing Program for the Library System. Six hundred thirty-five (635) vendors were notified, seventeen (17) bid documents were distributed and two (2) bids were received. The Library has reviewed the bids received and recommends that the bid be awarded to the low bidder, Baker & Taylor, Inc., in the annual amount of $105,229.80 for the first two-years, $107,335.80 for years three through four, and $109,441.80 for the last year of the five-year agreement. The initial term of the contract was for five (5) years with the option of two (2) additional one-year renewals periods. On March 5, 2002 the Board of County Commissioners awarded St. Lucie County Bid No. 02-036, Book Leasing Program to Baker & Taylor, Inc. Staff would like to exercise the first one-year renewal option at the same rates as year 5 of the original contract. RECOMMENDATION: Staff recommends Board approve the first amendment to contract C02-03-331 with Baker & Taylor, Inc. for Book Leasing Program and permission for the Chairman to sign the amendment as prepared by the County Attorney. - -;. C02-03-331 FIRST AMENDMENT TO MARCH 5, 2002 BETWEEN ST. LUCIE COUNTY AND BAKER & TAYLOR, INC. THIS FIRST AMENDMENT, is made and entered into this day of ,2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and BAKER & TAYLOR, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on March 5, 2002 the parties entered into a contract to provide for a book rental program; and, WHEREAS, the parties desire to amend the contract to exercise the first on-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 5. TERM of the Contract shall be amended to read as follows: 5. TERM Unless terminated as provided for herein, the term of this Contract shall be for a period of six (6) year from the date first written above. If the parties can mutually agree on the terms and conditions, the parties may extend the Contract for one (1) additional one-year term. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 ." .,. WITNESSES: C02-03-331 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY BAKER & TAYLOR, INC. BY: Print Name: Title: 2 ~ '12/21/200" 07:57 ... Fax R f.'. 7724522813 PAGE 01 &r~ To: Atfn: jtj¡c;sfÂ. S/~ tJ,IU ~ t/).-VI-~ ßi.-I ~t l u.uuV From: Jennifer Rhyne ~~ Fax: 17724622813 Date: Wed, 20 Cee 2006 16:20:35 -0500 subject: Bid Renwal TO: Lisa o'Neill FROM: Jennifer Rhyne, Baker &. Taylor, Inc. Ms. O'Neill: AS requested, please see the attached renewa' for your Book Leasing contract with Baker & Taylor, Inc. should you have any questions, or need additional information, please do not hesitate to contact me. Tnanks! Jennifer Jênn1fer Rhyne sr. pricing Analyst aaker & iay1or. Inc. rhynej~btol.com Toll-Free phone: 800-775-1800, ext. 3248 Direct cia': 704-998-3248 FAX: 704-995-3260 ";. 12/21/2005 07:57 7724522813 PAGE 02 @ ~~!\~I~X!£R December 20, 2006 Ms. Lisa O'Neill St, Lucie County Board of Commissioners 101 Melody Lene Ft. Pleree, FL 34950-4402 VJj4 rACSlMM: 7724462-281.1 RE: Renewal of !!lId #02-036 - BOOK LEASING De!lr Ms. O'Neill; Baker & Taylor will be pleased to extend subject solicitations through April 1, 2.008, Terms and conditions of sale will rem~in as originally submitted, Baker &. Taylor Is pleased ~o outline the fQllowing renewal price for book leasIng services IIwilable to the St. Lucia County Board of Commi&9ioners: 5 $15.59 $30.M* sss 71020 $109,441.80 2.5% $106,705,75** $15.20** ... ** BOoks with a II$t prlc~ OVêr the statad quota limIt ~ountas 2 (tMI) Quota. There Is 21 2.5% discount off of the total plan price If the annuli I invoice Is )!lid within 60 dayg. Thal'\k you for your Interest In sliker & Taylor. We look forward to working with the St. Lucie County Board of Commlasloners and It!J partIcipating agent::les. If you have any questlon!iJ, ph~ase contact me at (800) 775·7930 axt. 324S. Sincerely, Jennifer Rhyne Sr. Pricing Analyst cc; Fred Harvey, Library Sales Consultant \. AGENDA REQUEST ITEM NO. c-10A DATE: February 27, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Beth Ryder, Director SUBMITTED BY(DEPT): COMMUNITY SERVICES DIVISION SUBJECT: Approval of Amendment Number Two to the contract between the State of Florida Department of Health and St. Lucie County for Operation of the Health Department. BACKGROUND: The Health Department's original contract between the County and the State was approved for the amount of $1 0,147,440.00. This amendment increases the amount by $14,372.00 for total of $10,161,812.00. Attached is the amendment and a letter from the Health Department identifying the increases to the different programs. The county's portion offunding has not changed. These changes reflect increases in state funds and do not alter the amount designated as the county's appropriated responsibility in the amount of $1,153,000.00 as shown on page two of the contract. FUNDS AVAIL: 001-6210-581020-600 (St. Lucie County Health Department) PREVIOUS ACTION: The Board approved the original contract and County's allocation of $1,153,000.00 in the FY06/07 budget on September 26, 2006. RECOMMENDATION: Staff recommends approval of Amendment Number Two to the contract, and authorization for the Chairman to sign all pertinent documents necessary. COMMISSION ACTION: CONCURRENCE: [)(I APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: /í .' //. I¡,·~j . Review and ADDrovals Management & BUdget:~ fì1m~ Purchasing: Other: Originating Dept: Charlie Crist Governor Ana M. Viamonte Ros, M.D., M.P.H. Secretary of Health February 9, 2007 Beth Ryder, Community Services Director 7'h Street Fort Pierce, FI 34953 Dear Beth: Below is a break down of the attached revenue increases and reallocation, by program, in the amount of $14,372.00 for Amendment II, State & County Contract 2006/07. Also included are all changed pages for the contract amendment. Should you have any questions please call me at X4885. State and County Contract Amendment By Program Pro ram Ori inal Contract Amended Contract I Source of Chan e General Revenue Legislative Increases & Increase in SCHC $ 2,895,780.00 $ 3,315,868.00 Program funding Non Gen. Rev. SCH Increase in Super Act & Program C $ 491,972.00 $ 564,017.00 funding Federal Revenue SCHC $ 1,861,400.00 $ 1,929,643.00 Increase in program funding Enviro. Local Fees $ 866,507.00 $ 730,532.00 Decrease in local revenue Medicaid Revenue $ 1 ,476,287.00 $ 1,341,536.00 Decrease in Medicaid rate Clinic Local Revenue $ 1,160,617.00 $ 980,616.00 Decrease in local revenue Local Grants $ 1,394,877.00 $ 1,299,600.00 Decrease in Grant revenue Total I $ 10,147,440.00 $ 10,161,812.00 Thank you, /,4 tlr~ ,~Y' ~raci A. Fox, MPH Finance & Accounting Director. CC: Larry Lee Jim Gilbert Heather Young Fort Pierce Site 714 Avenue "c" FAX: (772) 462-3824 SunCom 259-3824 ST. LUCIE COUNTY HEALTH DEPARTMENT 5150 NW Milner Drive Port St. Lucie, FL 34983 (772) 462-3800 SC 259-3800 Website: www.stluciecountvhealth.com Port St. Lucie Site 5150 NW Milner Dr FAX: (772) 873-4941 SunCom 245-4941 CONTRACT BETWEEN St. Lucie COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE St. Lucie COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2006-2007 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the St. Lucie County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2006. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. St. Lucie County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2006, through September 30, 2007, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01 (2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. 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, occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 5.772.066.00State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $1.153.000.00 (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 County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. 2 c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund St. Lucie County 5150 NW Milner Dr. Port St. Lucie, FL 34983 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy State Health Officer. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall insure that non-categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard quality assurance "County Health Profile" report located on the Office of Planning, Evaluation & Data Analysis Intranet site). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System/Health Management Component compatible format by program component as specified by the State. b. The CHD shall comply with 811 applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all county-purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall 3 be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.L, below. Books, records and documents'must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in St. Lucie County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of 4 surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMS Circular A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The 5 CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L 1 Contract Management Variance Report and the DE580L 1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE385L 1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of Budget Management. 6 p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2007 for the report period October 1, 2006 through December 31, 2006; ii. June 1, 2007 for the report period October 1, 2006 through March 31,2007; iii. September 1, 2007 for the report period October 1, 2006 through June 30, 2007; and iv. December 1, 2007 for the report period October 1, 2006 through September 30,2007. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance coverage for County- owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an 7 obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2007, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract ManaQers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: For the County: Jim Gilbert Name Beth Ryder Name Admin Services Director I Title Community Services Director Title St. Lucie County Health Dept. 5150 NW Milner Dr. Port St. Lucie. FL 34983 Address St. Lucie County 437 ¡th Street Ft. Pierce. FL 34952 Address 772-873-4884 Telephone 772-462-1772 Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. c. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. 8 In WITNESS THEREOF, the parties hereto have caused this 9th page agreement to be executed by their undersigned officials as duly authorized effective the -rrday of October, 2006. BOARD OF COUNTY COMMISSIONERS FOR St. Lucie COUNTY SIGNED BY: NAME: Chris Craft TITLE: Chairman DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: Clerk of the Court DATE: STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME: Ana M. Viamonte Ros, M.D., M.P.H. TITLE: Secretary DATE: ~.-:¿./- . ",,/' .- . ;;r- SIGNED BY: / ') .--"7 / NAME: Larry Lee TITLE: DATE: CHD Director/Administrator 2-/2- d7 9 Working Copy ATTACHMENT II. SAINT LUCIE COUNTY HEALTH DEPARTMENT Part II. Sources or Contributions to County Health Department October 1,2006 to September 30,2007 State CUD County Total CUD Trust Fund CUD Trust Fund Other (cash) Trust Fund (cash) Contribution Total I. GENERAL REVENUE - STATE 015040 ALG/CESSPOOL IDENTIFICATION AND ELIMINATION 0 0 0 0 0 015040 ALG/CONTR TO CHDS-AlDS PATIENT CARE 175,000 0 175,000 0 175,000 015040 ALG/CONTR TO CHDS-AlDS PRE V & SURV & FIELD STAFF 128,331 0 128,331 0 128,331 015040 ALG/CONTR TO CHDS-DENTAL PROGRAM 0 0 0 0 0 015040 ALG/CONTR TO CHDS-MIGRANT LABOR CAMP SANITATION 2,608 0 2,608 0 2,608 015040 ALG/CONTR. TO CHDS-IMMUNIZATlON OUTREACH TEAMS 13,702 0 13,702 0 13,702 015040 ALG/CONTR. TO CHDS-INDOOR AIR ASSIST PROG 0 0 0 0 0 015040 ALG/CONTR. TO CHDS-MCH HEALTH - FIELD STAFF COST 0 0 0 0 0 015040 ALG/CONTR. TO CHDS-SOVEREIGN IMMUNITY 0 0 0 0 0 015040 ALG/CONTRIBUTlON TO CHDS-PRIMARY CARE 27,018 0 27,018 0 27,018 015040 ALG/FAMILY PLANNING 51,230 0 51,230 0 51,230 015040 ALG/IPO - OUTREACH SOCIAL WORKERS CAT. 050707 0 0 0 0 0 015040 ALGIlPO HEALTHY START 0 0 0 0 0 015040 ALG/IPO HEALTHY ST ARTIIPO CAT 050707 0 0 0 0 0 015040 ALG/IPO-INFANT MORTALITY PROJECT CAT. 050707 0 0 0 0 0 015040 ALG/MCH HEALTHY START/IPO CAT 050870 0 0 0 0 0 015040 ALG/MCH-INFANT MORTALITY PROJECT CAT. 050870 0 0 0 0 0 015040 ALG/MCH-OUTREACH SOCIAL WORKERS CAT 050870 0 0 0 0 0 015040 ALG/PRIMARY CARE 349,616 0 349,616 0 349,616 015040 ALG/SCHOOL HEAL THlSUPPLEMENT AL 0 0 0 0 0 015040 CATE ESCAMBIA 0 0 0 0 0 015040 CHD SUPPORT SERVICES 52,815 0 52,815 0 52.815 015040 CLOSING THE GAP PROGRAM 0 0 0 0 0 015040 COMMUNITY SMILES - DADE 0 0 0 0 0 015040 COMMUNITY TB PROGRAM 130,669 0 130,669 0 130,669 015040 DENTAL SPECIAL INITIATIVE PROJECTS 0 0 0 0 0 015040 DUVAL TEEN PREGNANCY PREVENTION 0 0 0 0 0 015040 ENHANCED DENTAL SERVICES 0 0 0 0 0 015040 FL HEPATITIS & LIVER FAILURE PREVENTION/CONTROL 0 0 0 0 0 015040 HEALTH PROMOTION & EDUCATION INITIATIVES 0 0 0 0 0 015040 HEAL THY BEACHES MONITORING 6,885 0 6,885 0 6,885 015040 HEALTHY START - DATA COLLECTION PROJECT STAFF 0 0 0 0 0 015040 LA LIGA CONTRA EL CANCER 0 0 0 0 0 015040 MEDlV AN PROJECT 0 0 0 0 0 015040 METRO ORLANDO URBAN LEAGUE TEENAGE PREG PREV 0 0 0 0 0 015040 PRIMARY CARE SPECIAL DENTAL PROJECTS 0 0 0 0 0 015040 PRIMARY CARE SPECIAL PROJECTS 0 0 0 0 0 015040 SCHOOL HEALTH-SUPPLEMENT-TANF 0 0 0 0 0 015040 SPECIAL NEEDS SHELTER PROGRAM 0 0 0 0 0 015040 SID GENERAL REVENUE 32,564 0 32,564 0 32,564 015040 VOLUNTEER SCHOOL HEALTH NURSE GRANT 58,000 0 58,000 0 58,000 015050 ALG/CONTR TO CHDS 2,287,430 0 2,287,430 0 2,287,430 GENERAL REVENUE TOTAL 3,315,868 0 3,3 I 5,868 0 3,315,868 2. NON GENERAL REVENUE - STATE 015010 ALG/CONTR TO CHDS-REBASING TOBACCO TF 103,295 0 103,295 0 103,295 015010 BASIC SCHOOL HEALTH - TOBACCO TF 142,237 0 142,237 0 142,237 015010 CHD SUPPORT SERVICES 156,083 0 156,083 0 156,083 Working Copy ATTACHMENT II. SAINT LUCIE COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department October 1,2006 to September 30,2001 State CUD County Total CUD Trust Fund CUD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 2. NON GENERAL REVENUE - STATE 015010 FL HEPATITIS & LIVER FAILURE PREVENTION/CONTROL 0 0 0 0 0 015010 FULL SERVICE SCHOOLS - TOBACCO TF 110,100 0 110,100 0 110,100 015010 ONSITE SEW AGE RESEARCH PROGRAM 0 0 0 0 0 015010 PACE EH 0 0 0 0 0 015010 PUBLIC SWIMMING POOL PROGRAM 0 0 0 0 0 015010 SUPER ACT PROGRAM ADM TF 37,000 0 37,000 0 37,000 015010 SUPPLEMENTAUCOMPREHENSIVE SCHOOL HEALTH - TOB TF 0 0 0 0 0 015010 VARICELLA IMMUNIZATION REQUIREMENT TOBACCO TF 7,334 0 7,334 0 7,334 015020 BIOMEDICAL W ASTE/DEP ADM TF 7,968 0 7,968 0 7,968 015020 SAFE DRINKING WATER PRG/DEP ADM 0 0 0 0 0 015020 FOOD AND WATERBORNE DISEASE PROGRAM ADM TF/DACS 0 0 0 0 0 NON GENERAL REVENUE TOTAL 564,017 0 564,017 0 564,017 3. FEDERAL FUNDS - State 007000 AIDS PREVENTION 346,394 0 346,394 0 346,394 007000 AIDS SEROPREV ALENCE 0 0 0 0 0 007000 AIDS SURVEILLANCE 0 0 0 0 0 007000 BIOTERR SURVEILLANCE & EPIDEMIOLOGY 56,280 0 56,280 0 56,280 007000 BIOTERRORISM PLANNING & READINESS 81,532 0 81,532 0 81,532 007000 CDHPEPROGRAM 44,117 0 44,117 0 44,117 007000 CHD SUPPORT SERVICES 4,000 0 4,000 0 4,000 007000 CHILDHOOD LEAD POISONING PREVENTION 0 0 0 0 0 007000 COASTAL BEACH MONITORING PROGRAM 6,061 0 6,061 0 6,061 007000 COMPREHENSIVE CARDIOVASCULAR PROGRAM 0 0 0 0 0 007000 FGTF/AIDS MORBIDITY 0 0 0 0 0 007000 FGTF/BREAST & CERVICAL CANCER-ADMIN/CASE MAN 0 0 0 0 0 007000 FGTF/F AMIL Y PLANNING TITLE X SPECIAL INIT/A TIVES 0 0 0 0 0 007000 FGTF/FAMIL Y PLANNING-TITLE X 76,674 0 76,674 0 76,674 007000 FGTF/IMMUNIZATION ACTION PLAN 20,780 0 20,780 0 20,780 007000 FGTF/WIC ADMINISTRATION 934,279 0 934,279 0 934,279 007000 FLORIDA PANDEMIC INFLUENZA 60,161 0 60,161 0 60,161 007000 HEALTH PROGRAM FOR REFUGEES 0 0 0 0 0 007000 HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS (HOPWA) 0 0 0 0 0 007000 IMMUNIZATION SUPPLEMENTAL 0 0 0 0 0 007000 IMMUNIZATION-WIC LINKAGES 0 0 0 0 0 007000 MCH BGTF-GADSDEN SCHOOL CLINIC 12,817 0 12,817 0 12,817 007000 MCH BGTF-HEALTHY START IPO 0 0 0 0 0 007000 MCH BGTF-INFANT MORTALITY PROJECT 0 0 0 0 0 007000 MCH BGTF-MCH/CHILD HEALTH 11,594 0 11,594 0 11.594 007000 MCH BGTF-MCH/DENT AL PROJECTS 0 0 0 0 0 007000 MCH BGTF-OUTREACH SOCIAL WORKERS 0 0 0 0 0 007000 PHP-CITIES RESPONSE INITIATIVE 0 0 0 0 0 007000 RAPE PREVENTION & EDUCA nON GRANT 0 0 0 0 0 007000 RISK COMMUNICATIONS 0 0 0 0 0 007000 RYAN WHITE 69,310 0 69,310 0 69,310 007000 RYAN WHITE - EMERGING COMMUNITIES 0 0 0 0 0 007000 RYAN WHITE-AIDS DRUG ASSIST PROG-ADMIN 58,552 0 58,552 0 58,552 007000 RYAN WHITE-CONSORTIA 0 0 0 0 0 Working Copy ATTACHMENT II. SAINT LUCIE COUNTY HEALTH DEPARTMENT Pa rt II. Sources of Contributions. to County Healtb Department October 1,2006 to September 30,2007 State CHO Trust Fund (cash) J. FEDERAL FUNDS - State 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 015009 015009 015075 015075 015075 015075 STD FEDERAL GRANT - CSPS STD PROGRAM - PHYSICIAN TRAINING CENTER STD PROGRAM INFERTILITY PREVENTION PROJECT (IPP) SYPHILIS ELIMINATION TESTING HIV SERONEGATIVE HEADQUARTERS TRAINING AND EDUCATION TUBERCULOSIS CONTROL - FEDERAL GRANT WEST NILE VIRUS & EPIDEMIOLOGY PROJECTS 2006 WIC BREASTFEEDING PEER COUNSELING WIC BREASTFEEDING PEER COUNSELING PROG FFY 2005 WIC INFRASTRUCTURE MEDIPASS WAIVER-HLTHY STRT CLIENT SERVICES MEDIPASS WAIVER-SOBRA TITLEXXI/SCHOOL HEAL THlSUPPLEMENT AL NEW LINE NEW LINE NEW LINE FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 001020 001020 001 020 001020 001020 001020 001020 001020 001020 001020 001020 001092 001092 001092 001092 001092 001092 001092 001092 001170 001170 001170 010304 MIGRANT HOUSING PERMIT MOBILE HOME AND PARKS FOOD HYGIENE PERMIT BIOHAZARD WASTE PERMIT SWIMMING POOLS PRIVATE WATER CONSTR PERMIT PUBLIC WATER ANNUAL OPER PERMIT PUBLIC WATER CONSTR PERMIT NON-SDWA SYSTEM PERMIT SAFE DRINKING WATER TANNING FACILITIES BODY PIERCING NON SDW A LAB SAMPLE OSDS V ARlANCE FEE ENVIRONMENTAL HEALTH FEES OSDS REPAIR PERMIT OSDS PERMIT FEE I & M ZONED OPERATING PERMIT AEROBIC OPERATING PERMIT SEPTIC TANK SITE EVALUATION LAB FEE CHEMICAL ANALYSIS NONPOT ABLE WATER ANALYSIS WATER ANALYSIS-POTABLE MQA INSPECTION FEE FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL S. OTHER CASH CONTRIBUTIONS - STATE 50,050 o o o o o 69,290 o 27,752 o o o o o o o o 1,929,643 250 13,521 17,415 6,020 24,335 o 67,747 o o 68.895 4,185 o 37,000 o 3 I 5,233 o o o o o o o o o 554,601 County CHO Trust Fund Total CHO Trust Fund Other (cash) Contribution o o o o o o o o o o o o o o o o o 50,050 o o o o o 69,290 o 27,752 o o o o o o o o o 1,929,643 o o o o o o o o o o o o o o o o o o o o o o o o 250 13,521 17,415 6,020 24,335 o 67,747 o o 68,895 4,185 o 37,000 o 315,233 o o o o o o o o o o 554,601 Total o o o o o o o o o o o o o o o o o o 50,050 o o o o o 69,290 o 27,752 o o o o o o o o 1.929,643 o o o o o o o o o o o o o o o o o o o o o o o o o 250 13,521 17,415 6,020 24,335 o 67.747 o o 68,895 4,185 o 37,000 o 315,233 o o o o o o o o o 554,601 Working Copy ATTACHMENT II. SAINT LUCIE COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department October 1,2006 to September 30, 2007 State cnD County Total CnD Trust Fund CnD Trust Fund Other (cash) Trust Fund (cash) Contribution Total S. OTHER CASH CONTRIBUTIONS - STATE 010304 STATIONARY POLLUTANT STORAGE TANKS 175,931 0 175,931 0 175,931 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0 OTHER CASH CONTRIBUTIONS TOTAL 175,931 0 175,931 0 175,931 6. MEDICAID - ST A TE/COUNTY 001056 MEDlCAJD PHARMACY 0 0 0 0 0 001076 MEDlCAJD TB 0 0 0 0 0 001078 MEDlCAJD ADMINISTRATION OF VACCINE 0 0 0 0 0 001079 MEDlCAJD CASE MANAGEMENT 0 0 0 0 0 001080 MEDICAID OTHER 0 0 0 0 0 001081 MEDICAID CHILD HEALTH CHECK UP 0 0 0 0 0 001082 MEDlCAJD DENTAL 237,710 338,696 576,406 0 576,406 001087 MEDICAJD STD 0 0 0 0 0 001089 MEDlCAJD AJDS 73,407 104,593 178,000 0 178.000 001147 MEDICAID HMO RATE 0 0 0 0 0 001191 MEDlCAJD MATERNITY 58,029 82,682 140,711 0 140,711 001192 MEDlCAJD COMPREHENSIVE CHILD 58,029 82,681 140,710 0 140,710 001193 MEDlCAJD COMPREHENSIVE ADULT 58,028 82,681 140,709 0 140,709 001194 MEDICAID LABORA TORY 0 0 0 0 0 001083 MEDICAID F AMIL Y PLANNING 7,500 67,500 75.000 0 75,000 001208 MEDIPASS $3.00 ADM. FEE 45,000 45,000 90,000 0 90,000 MEDICAID TOTAL 537,703 803,833 1,341,536 0 1,341,536 7. ALLOCABLE REVENUE - STATE 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 ALLOCABLE REVENUE TOTAL 0 0 0 0 0 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE PHARMACY SERVICES 0 0 0 122,713 122,713 LABORATORY SERVICES 0 0 0 183,074 183,074 TB SERVICES 0 0 0 0 0 IMMUNIZATION SERVICES 0 0 0 163,775 163,775 STD SERVICES 0 0 0 72,068 72,068 CONSTRUCTION/RENOV A TION 0 0 0 0 0 WIC FOOD 0 0 0 4,478,008 4,478,008 ADAP 0 0 0 1,021,549 1,021,549 DENTAL SERVICES 0 0 0 14,250 14,250 OTHER (SPECIFY) 0 0 0 0 0 OTHER (SPECIFY) 0 0 0 0 0 OTHER STATE CONTRIBUTIONS TOTAL 0 0 0 6,055,437 6,055,437 9. DIRECT COUNTY CONTRIBUTIONS - COUNTY 008030 BCC Contribution from Health Care Tax 0 0 0 0 0 008034 BCC Contribution from General Fund 0 1,153.000 1,153,000 0 1,153,000 Working Copy ATTACHMENT II. SAINT LUCIE COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department October 1,2006 to September 30, 2007 State CUD County Total CnD Trust Fund CnD Trust Fund Other (cash) Trust Fund (casb) Contribution Total BOARD OF COUNTY COMMISSIONERS TOTAL 0 1,153,000 1,153,000 0 1,153,000 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001060 VITAL STATISTICS FEES OTHER 0 70,000 70,000 0 70,000 001077 RABIES VACCINE 0 0 0 0 0 001077 CHILD CAR SEAT PROG 0 0 0 0 0 001077 PRIMAR Y CARE FEES 0 740,616 740,616 0 740,616 001077 AIDS CO-PAYS 0 0 0 0 0 001094 LOCAL ORDINANCE FEES 0 0 0 0 0 001094 ADULT ENTER. PERMIT FEES 0 0 0 0 0 0011 14 NEW BIRTH CERTIFICATES 0 0 0 0 0 001115 DEATH CERTIFICATES 0 166,000 166,000 0 166,000 0011 17 VITAL ST A TS-ADM. FEE 50 CENTS 0 4,000 4,000 0 4,000 FEES AUTHORIZED BY COUNTY TOTAL 0 980,616 980,616 0 980,616 II. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001009 RETURNED CHECK ITEM 0 0 0 0 0 001029 THIRD PARTY REIMBURSEMENT 0 0 0 0 0 001029 HEALTH MAINTENANCE ORGAN. (HMO) 0 0 0 0 0 001054 MEDICARE PART D 0 0 0 0 0 001077 RYAN WHITE TITLE II 0 0 0 0 0 001090 MEDICARE PART B 0 0 0 0 0 005040 INTEREST EARNED 0 0 0 0 0 005041 INTEREST EARNED-STATE INVESTMENT ACCOUNT 0 19,840 19.840 0 19,840 007010 U.S. GRANTS DIRECT 0 0 0 0 0 010300 SALE OF GOODS AND SERVICES TO STATE AGENCIES 0 0 0 0 0 010301 EXP WITNESS FEE CONSUL TNT 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 011000 LOCAL GRANTS AND AGREEMENTS-DIRECT 0 1,279,760 1,279,760 0 1,279,760 01 1000 GRANT-DIRECT 0 0 0 0 0 01 1000 GRANT-DIRECT 0 0 0 0 0 011000 GRANT-DIRECT 0 0 0 0 0 011000 GRANT-DIRECT 0 0 0 0 0 011000 GRANT-DIRECT 0 0 0 0 0 01 1000 GRANT-DIRECT 0 0 0 0 0 01 1000 GRANT-DIRECT 0 0 0 0 0 011001 HEALTHY START COALITION CONTRIBUTIONS 0 0 0 0 0 011007 CASH DONATIONS PRIVATE 0 0 0 0 0 012020 FINES AND FORFEITURES 0 0 0 0 0 012021 RETURN CHECK CHARGE 0 0 0 0 0 028020 INSURANCE RECOVERIES-OTHER 0 0 0 0 0 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0 008010 Contribution from City Government 0 0 0 0 0 008020 Contribution from Health Care Tax not thru BCC 0 0 0 0 0 008050 School Board Contribution 0 0 0 0 0 001190 Health Maintenance Organization 0 0 0 0 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 1,299,600 1,299,600 0 1,299,600 Working Copy ATTACHMENT II. SAINT LUCIE COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Healtb Department October It 2006 to September 30, 2007 State cno County Total cno Trust Fund cno Trust Fund Other (cash) Trust Fund (cash) Contribution Total 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 COUNTY ALLOCABLE REVENUE TOTAL 0 0 0 0 0 13. BUILDINGS - COUNTY ANNUAL RENTAL EQUIVALENT V AWE 0 0 0 720.000 720,000 BUILDING MAINTENANCE 0 0 0 75,000 75,000 INSURANCE 0 0 0 0 0 UTILITIES 0 0 0 0 0 GROUNDS MAINTENANCE 0 0 0 0 0 OTHER (SPECIFY) 0 0 0 0 0 OTHER (SPECIFY) 0 0 0 0 0 BUILDINGS TOTAL 0 0 0 795,000 795,000 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENTNEHICLE PURCHASES 0 0 0 0 0 VEHICLE INSURANCE 0 0 0 0 0 VEHICLE MAINTENANCE 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 0 0 GRANDTOTALCHDPROGRAM 7,077,763 4,237,049 11,314,812 6,850,437 18,165,249 Working Copying A TT ACHMENT II. SAINT LUCIE COUNTY HEALTH D};PARTMENT Part III. Planned Staffing, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service October 1, 2006 to September 30, 2007 Quarterly Expenditure Plan FTE'. Clients ht 2nd 3rd 4th Grand (0.00) Units Services (Whole dollars only) State County Total A. COMMUNICABLE DISEASE CONTROL: VITAL STATISTICS (180) 3.43 0 0 56,250 56,250 56,250 56,250 0 225,000 225,000 IMMUNIZATION (101) 8.00 4,000 12,000 107,375 107,375 107,375 107,375 254,500 175,000 429,500 STD (102) 10.01 1,000 8,072 123,468 123,468 123,467 123,467 268,870 225,000 493,870 AI.D.S. (103) 24.02 200 3,000 475,000 408,333 408,333 408,334 1,037,753 662,247 1,700,000 TB CONTROL SERVICES (104) 7.00 400 2,500 79,836 96.502 96,502 96,504 294,344 75.000 369,344 COMM. DISEASE SURV. (106) 5.00 0 2,809 77,294 57,568 57,569 57,569 154,750 95,250 250,000 HEPATITIS PREVENTION (109) 0.01 200 1,000 75 75 75 75 300 0 300 PUBLIC HEALTH PREP AND RESP (116) 3.02 0 250 150,000 85,333 85,333 85,334 181,000 225,000 406,000 COMMUNICABLE DISEASE SUBTOTAL 60.49 5,800 29,631 1,069,298 934,904 934,904 934,9082,191,517 1,682,497 3,874,014 B. PRIMARY CARE: COMPREHENSIVE ADULT HEALTH (237) II.OO 2,000 9,500 256,250 256,250 256,250 256,250 575,000 450,000 1,025,000 W.I.C. (221) 24.00 12,000 75,000 246,250 245,643 245,643 262,514 1,000,050 0 1,000,050 FAMIL Y PLANNING (223) 10.00 3,000 9,800 137,500 137,500 137,500 137,500 300,000 250,000 550,000 IMPROVED PREGNANCY OUTCOME (225) 5.00 1,200 6,000 78,750 57,083 57,084 57,083 200,000 50,000 250,000 HEALTHY START PRENATAL (227) 4.00 450 6,800 68,750 77,083 77,083 77,084 65,000 235,000 300,000 SCHOOL HEALTH (234) 14.50 0 450,000 193.750 274,896 274,897 274,897 550,000 468,440 1,018,440 DENTAL HEALTH (240) 7.50 1,200 4,200 121,250 139,561 139,561 139,561 397,829 142,104 539,933 COMPREHENSIVE CHILD HEALTH (229) 9.02 1,600 8,000 131,250 131 ,250 131,250 131,250 450,000 75,000 525,000 HEALTHY START INFANT (231) 4.00 450 6,500 62,500 29,166 29,166 29,168 0 150,000 150,000 CHRONIC DISEASE SERVICES (210) 2.32 4,000 150 33,250 33,250 33,250 33,250 123,000 10,000 133,000 TOBACCO PREVENTION (212) 1.00 0 0 0 16,666 16,668 16,666 50,000 0 50,000 HOME HEALTH (215) 0.00 0 0 0 0 0 0 0 0 0 PRIMARY CARE SUBTOTAL 92.34 25,900 575,950 1,329,500 1,398,348 1,398,352 1,415,223 3,710,879 1,830,544 5,541,423 C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programs COASTAL BEACH MONITORING (347) 0.16 350 400 3,750 3,750 3,750 3.750 7,500 7,500 15,000 LIMITED USE PUBLIC WATER SYSTEMS (357) 0.04 600 4,500 56.250 56,250 56,250 56,250 175,000 50,000 225,000 PUBLIC WATER SYSTEM (358) 0.01 5 15 56,250 56,250 56,250 56,250 135,000 90,000 225,000 PRIVATE WATER SYSTEM (359) 2.04 1,200 1,500 20,250 20,250 20,250 20,250 66,000 15,000 81,000 INDIVIDUAL SEWAGE DlSP. (361) 3.54 1,500 3,200 139,064 205,731 205,732 205,731 500,000 256,258 756.258 Group Total 5.79 3,655 9,615 275,564 342,231 342,232 342,231 883.500 418,758 1,302,258 Facility Programs FOOD HYGIENE (348) 95.00 110 600 38,500 38,500 38,500 38,500 0 154,000 154,000 BODY ART (349) 0.04 2 16 1,000 1,000 1,000 1,000 0 4,000 4,000 GROUP CARE FACILITY (351) 1.30 300 500 18,750 18,750 18,750 18,750 0 75,000 75,000 MIGRANT LABOR CAMP (352) 0.10 3 22 1,875 1,875 1.875 1,875 3,750 3,750 7.500 HOUSING,PUBLIC BLDG SAFETY, SANITATION (358)02 I 1,750 1,750 1,750 1,750 0 7,000 7,000 MOBILE HOME AND PARKS SERVICES (354) 0.57 40 150 7,500 7,500 7,500 7,500 0 30,000 30,000 SWIMMING POOLS/BATHING (360) 1.01 296 1,750 16,250 16,250 16,250 16,250 50,000 15,000 65,000 BIOMEDICAL WASTE SERVICES (364) 0.34 30 30 3,750 3,750 3,750 3,750 10,000 5,000 15,000 TANNING FACILITY SERVICES (369) 0.07 10 20 1,500 1,500 1,500 1,500 6,000 0 6,000 Working Copying ATTACHMENT!I. SAINT LUCIE COUNTY HEALTH DEPARTMENT Part III. Planned Staffing, Clients, Services, And Expenditu..es By Program Service Area Within ~ach Level Of Service October 1,2006 to September 30, 2007 Quarterly Expenditure Plan FTE's Clients 1st 2nd 3rd 4th Grand (0.00) Units Services (Whole dollars only) State County Total C. ENVIRONMENTAL HEALTH: Group Total 98.45 792 3,089 90,875 90,875 90,875 90,875 69,750 293,750 363,500 Groundwater Contamination STORAGE TANK COMPLIANCE (355) 2.24 200 800 44,500 44,500 44,500 44,500 178,000 0 178,000 SUPER ACT SERVICE (356) 0.35 80 225 10,500 8,539 8,539 8,539 36,117 0 36,117 Group Total 2.59 280 1,025 55,000 53,039 53,039 53,039 214,117 0 214,117 Community Hygiene OCCUPATIONAL HEALTH (344) 0.00 0 0 0 0 0 0 0 0 0 CONSUMER PRODUCT SAFETY (345) 0.00 0 0 0 0 0 0 0 0 0 INJURY PREVENTION (346) 0.00 0 0 0 0 0 0 0 0 0 LEAD MONITORING SERVICES (350) 0.00 0 0 0 0 0 0 0 0 0 PUBLIC SEW AGE (362) 0.00 0 0 0 0 0 0 0 0 0 SOLID WASTE DISPOSAL (363) 0.00 0 0 0 0 0 0 0 0 0 SANITARY NUISANCE (365) 0.01 6 3 125 125 125 125 0 500 500 RABIES SURVEILLANCE/CONTROL SERVICES (36~02 ]2 12 750 750 750 750 3,000 0 3,000 ARBOVIRUS SURVE]LLANCE (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 WATER POLLUTION (370) 0.00 0 0 0 0 0 0 0 0 0 AIR POLLUTION (371) 0.05 0 2 4,000 4,000 4,000 4,000 5,000 1],000 16,000 RADIOLOGICAL HEALTH (372) 0.00 0 0 0 0 0 0 0 0 0 TOXIC SUBSTANCES (373) 0.00 0 0 0 0 0 0 0 0 0 Group Total 0.08 18 17 4,875 4,875 4,875 4,875 8,000 11,500 19,500 ENVIRONMENTAL HEALTH SUBTOTAL ]06.91 4,745 13,746 426,314 491,020 491,021 491,020 1,175,367 724,008 1,899,375 D. SPECIAL CONTRACTS: SPECIAL CONTRACTS (599) 0.00 0 0 0 0 0 0 0 0 0 SPECIAL CONTRACTS SUBTOTAL 0.00 0 0 0 0 0 0 0 0 0 TOTAL CONTRACT 259.74 36,445 619,327 2,825,112 2,824,272 2,824,277 2,841,151 7,077,763 4,237.049 11,314,812 "" AGENDA REQUEST ITEM NO: C-10-B DATE: February 27, 2007 Regular [ ] Public Hearing [ ] Consent [X] TO: Board of County Commissioners PRESENTED BY: Corine C. Williams ~ Transit Manager SUBMITTED BY: Community Services SUBJECT: To approve the Florida Department of Transportation Joint Participation Agreement Supplement number One, which will provide $275,000 in additional funding of the Intermodal transit facility located at 8th and Avenue D and approve Budget Resolution #07-709. BACKGROUND: The FDOT Intermodal grant provides funding opportunity for major capital investments that facilitates the Intermodal movement of people, goods and services. Due to the increase number of fixed transit routes and proposed plan to streamline the County's transit demand response services, these funds will be used to build an Intermodal transfer facility that will accommodate bike racks, a sheltered waiting area and public restrooms ( that will also be used by pedestrians using the adjacent Moore's Creek Greenway). The purpose of the grant was to assist in the purchase of land for the construction of an aesthetically pleasing Intermodal Transit Center on Ave. D and 8th St. in partnership with the FPCRA. FUNDS AVAIL: The FPCRA is assisting with this project and the grant match with a previously committed $100,000 and a recently committed $250,000, the remaining $225,000 in funds will be provided from Community Services Transit MSTU funds (Fund no.: $225,000 in 130204-4910-599330-400). " PREVIOUS ACTION: On December 19, 2006, the Board approved the submittal of a grant application to FDOT to apply for $275,000 in additional funding for the Intermodal Transit Center. That award was granted. On March 22, 2005, the BOCC authorized staff to request funding assistance from the FPCRA. On June 8, 2004 the BOCC authorized staff to apply for prior FDOT Intermodal grant from which $225,000 was awarded. RECOMMENDATION: Staff recommends that the Board approve the Florida Department of Transportation Joint Participation Agreement Intermodal supplement number one and Budget Resolution #07-709 and authorize the Chair to sign all necessary documents. COMMISSION ACTION: ~] APPROVED [] DENIED rJ OTHER: Approved 5-0 las M~son ty Adm~slirator County Attorney CoordinatiOn/Sianatu~ AI.l1J. J Management & BUdget~ Other Purchasing: Originating Department: Other: Finance: Check for copy only, if applicable G:\06-07 Agenda Requests\2-13-07 DRAFT - Joint Participation.doc RESOLUTION NO. 07-079 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 FDOT Supplemental Grant and the amount of $275,000 and additional grant match from the Fort Pierce CRA in the amount of $250,000. 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 27th day of February, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 130204-4910-334493-400 130204-4910-337910-400 FDOT City of Fort Pierce $275,000 $250,000 APPROPRIATIONS 130204-4910-599330-400 Project Reserves $525,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson Commissioner Joseph E. Smith, Vice Chairperson Commissioner Doug Coward Commissioner Paula Lewis Commissioner Charles Grande xxx xxx xxx xxx xxx PASSED AND DULY ADOPTED THIS 27th DAY OF FEBRUARY, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY COMMUNITY SERVICES MEMORANDUM #07-130 TO: Board of County Commission Corine Williams, Transit Managerp SUBJECT: Florida Department of Transportation Joint Participation Agreement Supplement # 1 - Intermodal Grant and Budget Resolution #07-709 FROM: DATE: February 27,2007 On December 19,2006, the Board approved the authorization of staff to submit a grant application to the Florida Department of Transportation to apply for additional funding of the Intermodal Transit Center. This agenda item is for the approval of a supplement to the first agreement, which will provide an additional $275,000 to the project. These funds will be used to build an Intermodal transfer facility that will accommodate bike racks, a sheltered waiting area and public restrooms (that will also be used by pedestrians using the adjacent Moore's Creek Greenway). These funds will allow the County to partner with the Fort Pierce Community Redevelopment Agency (FPCRA) who will assist with the funding, development and construction of the transfer facility. Staff Recommendation: Staff recommends that the Board approve the Florida Department of Transportation Joint Participation Agreement Supplement #1 and Budget Resolution # 07-709 and authorize the Chair to sign all necessary documents. G:\MEMOS\Memos 2007\07-130-FOOT Intermodal Supplement l.doc FORT PIERCE REDEVELOPMENT AGENCY lFIFŒ$.A IF(! )rr~ IP'ììærrl!:le City of Fort Pierce 100 North U.S. 1 P.O. Box 1480 Fort Pierce, Florida 34954-1480 Tel (772) 460-2200 Fax (772) 461-2954 j ward@city-fortpierce. com December 20, 2006 Ms. Daphne Spanos Florida Department of Transportation Office of Modal Development District 4 Office 3400 West Commercial Blvd. Fort Lauderdale, FL 33309 Re: Intermodal Development Program-Certification of Local Funding Match Dear Ms. Spanos: At the December 20, 2006 meeting of the Fort Pierce Redevelopment Agency, the Board affirmed it's support for St. Lucie County's application for the Intennodal Development program grant and confinned a cash match of $250,000 for this grant ITom the FPRA's 2008 fiscal budget, should the County be successful in it's application. We urge the Department to approve the County's application and anticipate the positive benefit to the community that this intennodal facility will bring. e any questions or comments regarding this issue, please contact this office cc: Dennis W. Beach, City Manager FPRA Board Douglas M. Anderson, County Administrator Corine C. Williams, Transit Manager CHARLIE CRIST GOVERNOR ~ Florida Department of Transportation OFFICE OF MODAL DEVELOPMENT 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Telephone: (954) 777-4490 Fax: (954) 677-7892 STEPHANIE KOPELOVSOS INTERIM SECRETARY January 24, 2007 R,EC CJ~~i rJ Ms. Corine Williams Transit Manager St Lucie County Community Services 2300 Virginia Avenue Fort Pierce, FL 34982 JAN 3 1 20C? m.~~~ ...n" ,,,- ',. . " 11. \' ! "."¡¡¡Olll',tl t tI ". ....¡", .." Subject FMNo.: County: 417268-1-94-01 St. Lucie County Description: Supplemental Joint Participation Agreement #1 Intennodal- Avenue D lntermodal Facility Dear Ms. Williams: Enclosed are five (5) copies of Supplemental joint Participation Agreement (SJPA) #1 for the referenced project. This supplemental agreement amends the project description of the original JP A. Please execute and return all five (5) copies to this office. We also need two (2) copies of a Resolution, with original signatures, authorizing the Agreements. Both Resolutions and Agreements must be original signature documents or properly certified copies. Please do not fùl in dates on the Agreements, as the District Director of Transportation Development will do this upon final execution. Should you have any questions concerning this information, please contact me at 954-777-4483. Sincerely, Ç)~~ Daphne Spanos Senior Engineer Trainee Office of Modal Development Enclosures www.dot.state.fl.us 02/22/2007 09:44 561-462-1703 SLC COMMUNITY SVCS PAGE 02 FIn.nci.1 Projeet No.: 41728819401 ~ (itBn'l-eegmem-pnaeHelquBI1C8 Contract No.: A0424 Federal No.: Ca1Ialog of F.~nd Dornntic AMitltlme Number. IiTA"Æ OF FLORIDA ØEIWOUB'lTOf'~ATJOt¡ PUBUC TRANSPORTATiON SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 1 Fund: 839 Functon: OS 125-030.01 P\.IIIIJC~T"'''ON 01102 "'-tof4 FLAIR Approp.: 088809 FLAIR Obj.; 750098 . arg. CGid.: 5504201CM2G Vendor No.: VF~9 Catalog of State F~I A1l8i8tanœ Number. 55014 a: 11.1111. ~ THIS AGREÈMENT, made and ente~ed Into this day 01 by and betweel') the STATE: OF FLORIDA DEPARTMENT OF TRANSPÖFnATION, an agency of1he stste of Flolida, hereinafter referred to as the Department, and St. Lucie County Board of County Comm~nel'8 2.3OQ Virginia Avenue, Fort PIetœ, FL 34982..5652 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the ~_ ~y of Juljr ,2005 entered Into a Joint Participation Agreement; and WHEREAS. the Agency desires to accomplish certain project items as outlined in th~ Attachment "A" appended hereto; and WHEREAS. the Department d_res to participate in all eligible items for this project as outlined in Atqçhment "A" for a total Department Share of $500,000.00 NOW, THEREFORE THIS INDENTURE WITNESSETH; that for anclln oonsìderation of the mutual benefits to flOW from each to the other, the partiee hereto agree that the above described Joint Pa~oo Agœement is to be amended and supplemented 88 Iolløws: 1.00 Project Deecrlptlofl: The project de SCt'jption is amended to provide addltionallntermodal funding to st. Lucie County BOCa for the land acquisition ¡:¡nd construction of the bus transfer atation, passenger waiting ....a and vehiclelpedestrianlbicycle connection link assoolated With the Avenue D Intermodal facility (PhaM II work). 02/22/2007 09:44 561-462-1703 SLC COMMUNITY SVCS PAGE 03 ~ PUIIUO~"11ON a7JO: P1ø12C1j4 2.00 Project Cost: Paragraph 3.00 of 88ld Agreement is increased by $550,000.00 bringing the revised total cost of the project to $ 1,000,000.00 Paragraph 4.00 of.aid Agreement is inereeaed by 5275,000.00 bringing the Department's revised total CO$t of the proJact to $ 500,000.00 3.00 Amended Exhibits: Exhibit(s) B of said Agréement is amended by Attachment "þ:'. 4.00 Contract Time: . Paragraph 18.00 ohaid ~reement Merch 1st ,2009 02/22/2007 09:44 551-452-1703 SLC COMMUNITV SVCS PAGE 04 ~ PU*J(:~À'nON rTl/Ø. PIOII a at 4 Financial Project No.· 41726819401 . Contract No. A042'4 Agreement Date Except as hereby modified, amended or changed, all other terms of $laid Agreement dated July and any SUl:$equent supplements shall remain in full force and effect. 14th 2005 IN WITNESS WHEREOF, the parties hereto have caused theøe presents to beex8(Med, the day and year first above 'NIitten. AGENCY FOOT Sl Lucie County Board of County Commlesiol1el$ AGENCY NAME See attached Encumbranœ Form for date of Funding Approval by Comptroller leGAl. RÉVlEW CEPARTMENT OF TRANSPORTAT1ØN SIGNATORY (pFtlNieiD OR TYPED) SIGNATURE ŒPARTMÐIT OF TRANBPORTATlcPN TITLE TITI.¡ 02/22/2007 09:44 561-462-1703 SLC COMMUNITY SVCS Financial Projeøt No. 41726819401 Contract No. A0424 Agreement Date _ PAGE 05 ~ PUBUCTIWI9f'ORTII.T1ON alf/12 f't1 11411f4 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Partlçi~Kon Agreement betweerI the State of Florida, Department of Transporhiltlon and St Luoie County EI~rd of County Comm18sloner& ?300 Virginia Avenue, Fort Pierce, FL 34982-5652 dated OeSCRIPTION OF SUPPLEMENT (Include justifioation for cost change): to Mist fUrther WIth thtt development and oonStruction of Phase II of the Avenw 0 Intermodal Facility. I. Project COIIt: As Approved As Amen~ Net $450,000.00 $.1,000,000.00 $550,000.00 Total Projeol: CQét $450,000.00 $1,000,000.00 $550,000,00 I. Fund As Approved As Amend~ Net Department: $225,000.00 $600,000.00 S275,000.00 Agenoy: $225,000.00 $500,000.00 $275,000.00 $0.00 $O~OO $0.00 Total Project COBt $450,000.00 $1,000,000.\00 $550,000.00 .:..:::....: Comments: 02/22/2007 09:44 561-462-1703 SLC COMIVIUNITV SVCS PAGE 06 ~7 PUeUC: '/'R.t.N8PORTATION IYTJ02 IIGdIIonII FIll ! III. MULTI-YEAR OR PReQUALIFIED PROJECT FUNDING If 8 project is a multi-year or prequalified project subject to paragraphs 4,10 and 17.20 of this agreement, funds are programmed in the Department'& Work þrogram in the folloWing fiscal year(!!;): FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY Project years may be advanced or deferred $ubjf3Ct to Legislative appropri~tion or awilabity of ful'!ds. -~ ~ r- - -..... AGENDA REQTTEST ITEM NO: C \ 0 C DATE: February 71, 2007 Regular [ ] Public Hearing [ Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Community Services Division John Franklin, Housing Manager snR.JF.CT: Approval to execute a sub-recipient and interlocal agreement with the City of Port St. Lucie in order to administer the 2005 Community Development Block Grant Disaster Recovery Program funding in the amount of $1,332,433. RACKGROnND: Florida Department of Community Affairs recently announced the Action Plan for the Use of Disaster Recovery Funds. This year only one application per county will be allowed. Housing staff attended a workshop on this grant program, which identified the state's priorities for these funds. Housing for the low-to- moderate income residents is required to be 70% of the total allocation. FnNDS A V A II ': No match required PRF:VIOnS ACTION: On January 9, 2007 the Board authorized the execution of a contract with the State of Florida Department of Community Affairs in order to administer the Community Development Block Grant Disaster Recovery Program grant in the amount of $1,332,433. On August 15,2006 the Board authorized the grant application to submit a $1,332,433 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal and sub recipient agreements with the Cities of Fort Pierce and Port St. Lucie to receive this funding, St. Lucie County to receive $466,321.55. RF:COMMF:NDA TION: Approval to execute a sub-recipient and interlocal agreement with the City of Port St. Lucie in order to administer the 2005 Community Development Block Grant Disaster Recovery Program funding in the amount of $1,332,433 and authorize Chair to sign any necessary documents. COMMISSION ACTION: CONCURRENCE: /- Coord i n9tion/Sign9tll res anagement & Budget x~~urchasing: x ,~ [X APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: x l'k' Originating DCparl11el1t/~ Finance: x Check for co I )ther: Other - - ---------- ----..- .._._-~- COMMUNITY SERVICES MEMORANDUM #07-135 TO: Board of County Commissioners FROM: John Franklin, Housing Manger SUBJECT: Community Development Block Grant Disaster Recovery Initiative Sub- recipient & Interlocal Agreements DATE: February 27, 2007 St. Lucie County has applied and been awarded $1,332,433 from the Florida Department of Community Affairs Community Disaster Recovery Program. St. Lucie County will be the lead agency with the City of Fort Pierce. A sub-recipient and interlocal agreement is required in order to receive funding from the Florida Department of Community Affairs. STAFF RECOMMENDATION: Approval to execute a sub-recipient and interlocal agreement with the City of Fort Pierce in order to administer the 2005 Community Development Block Grant Disaster Recovery Program funding in the amount of $1,332,433 and authorize Chair to sign necessary documents Attachments (2) SUBRECIPIENT AGREEMENT BETWEEN St. Lucie County AND The City of Port St. Lucie FOR Community Development Block Grant Disaster Recovery Program THIS AGREEMENT is entered into by and between St. Lucie County, Florida (hereinafter referred to as the "County"), and the City of Port St. Lucie, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the County has received these grant funds from the Florida Department of Community Affairs "DCA", and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the County has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the County and the Recipient do mutually agree as follows: (1) SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A, and the Activity Work Plan(s) by service area, Attachment B of this Agreement, including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by reference ("the Subgrant Application"). (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and the County shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the last date signed, unless terminated earlier in accordance with the provisions of Paragraph (10) of this Agreement. CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS 1 RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE LEAD ENTITY APPROVES SUCH EXTENSION. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORD KEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No. A-11 0, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-8?, "Cost Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five (5) years from the date of final closeout of this Agreement, and shall allow the County or its designee access to such records upon request. The Recipient shall ensure that audit working papers are made available to the County or its designee upon request for a period of five (5) years from the date of final closeout of this Agreement, unless extended in writing by the County, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five (5) years after final disposition. 2 3. Records relating to real property acquisition shall be retained for five (5) years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A, Attachment B, Activity Work Plan(s), the Subgrant Application and subsequent revisions that are mutually agreed to by both parties, and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records by, but not be limited to, auditors retained by the County. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the County. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the County with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the County by this Agreement. In determining the Federal 3 awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the County. 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 paragraph. In connection with the audit requirements addressed in Paragraph 6(d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above 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: Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [An electronic copy shall also be submitted to aurilla.Darrish@dca.state.fl.us] and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 4 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 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) 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 letter issued by the auditor, to DCA at each of the following addresses: Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [An electronic copy shall also be submitted to aurilla.parrish@dca.stateJl.us] and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the County pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the County 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. 5 (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the County of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the County has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the County no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide to the County reports and information as identified in Attachment D. (b) If all required reports and copies, prescribed above, are not sent to the County or are not completed in a manner "acceptable to the County", the County may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the County' means that the work product was completed in accordance with the Budget and Scope of Work and the Activity Work Plan, Attachments A and B of the Agreement, and the Subgrant Application and subsequent revisions that are mutually agreed to by both parties. (c) The Recipient shall provide such additional program updates or information as may be required by the County. (d) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C.F.R. Part 58 within ninety (90) days from the date of execution of this Agreement. (e) The Recipient shall provide such additional program updates or information as may be required by the County. 6 (f) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C.F.R. Part 58 within ninety (90) days from the date of execution of this Agreement. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure that time schedules are met, the Budget, Scope of Work and Subgrant Application activities are accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachments A and B of this Agreement and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on-site visits by County 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 all monitoring procedures/processes deemed appropriate by the County. In the event that the County determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the County to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by S1. Lucie County Clerk of the Circuit Court. In addition, the County will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the County harmless against all claims of whatever nature by third 7 parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the County, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the County to make any further payment of funds hereunder shall, if the County so elects, terminate and the County may, at its option, exercise any of its remedies set forth in Paragraph 11, but the County may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the County shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the County and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the County. (c) If any reports required by this Agreement have not been submitted to the County or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. 8 (11) REMEDIES Upon the happening of an Event of Default, then the County may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address setforth in Paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. issuing a written notice of noncompliance to advise that more serious measures may be taken if the situation is not corrected; 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; or 4. requiring the Recipient to reimburse the County for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the County any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the County from 9 pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the County of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the County hereunder, or affect the subsequent exercise of the same right or remedy by the County for any further or subsequent default by the Recipient. (12) TERMINATION (a) The County may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The County may terminate this Agreement for its convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) When this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the County by virtue of any breach of Agreement by the Recipient. The County may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the County from the Recipient is determined. 10 (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the County contract manager for this Agreement is: John Franklin, Housing Manager St. Lucie County 437 N ih Street Fort Pierce, FL 34950 Telephone: 772-462-2375 Fax: 772-462-1290 Email: franklij@stlucieco.gov (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Tricia Swift-Pollard, Director, Community Services City of Port St. Lucie 121 Arioso Blvd. Port St. Lucie, FL 34984 Telephone: 772-871-5284 Fax: 772-344-4340 Email: triciap@cityofpsl.com (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the County within ninety (90) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the 11 Recipient. For each subcontract, the Recipient shall provide a written statement to the County as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Activity Work Plan(s) Attachment C - Program Statutes, Regulations and Program Conditions Attachment D - Reporting Requirements Attachment F - Warranties and Representations Attachment H - Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Attachment J - Special Conditions Attachment K - Request for Funds form Attachment L - Conflict of Interest Policy (17) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed $387,738 subject to the availability of funds. (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. 12 (c) All funds shall be requested electronically through the County. (d) Pursuant to 24 C.F.R. Section 570.489(b), pre-agreement costs reflected in the Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of this contract. (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the County agrees to their eligibility, fundability, or addition to the Agreement, is ineligible for funding with Disaster funds. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer Comptroller or the Office of Management and Budgeting, all obligations on the part of the County to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the County. (18) REPAYMENTS All refunds or repayments to be made to the County under this Agreement are to be made payable to the order of lOSt. Lucie County", and mailed directly to the County at the following address: St. Lucie County 2300 Virginia Avenue Fort Pierce FL 34950 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the County for collection, the County must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Stat., the County shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue 13 the warrant within 40 days shall result in the County paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroner's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to County request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the County and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the County from an its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in St. Lucie County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the County under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of whom may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications.e 14 (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) 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. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal County or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 15 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 18(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the County (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the County prior to the Recipient entering into a contract with any prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. U) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses Shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The County of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. 16 (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the County or be applied against the County's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. (0) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the County in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, 17 continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. 18 (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the County for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the County. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement, which he or she knows or should know, could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property, which is so disclosed. Failure to disclose will indicate that no such property exists. The County shall then, under Paragraph (b), have the right to all patents and copyrights, which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. 19 IN WITNESS WHEREOF, the parties hereto have executed this agreement for the purpose herein expressed as of the date and year first written above. CITY OF PORT ST. LUCIE, FLORIDA Patricia Christensen, Mayor ATTEST: APPROVED AS TO CORRECTNESS AND FORM: Karen Phillips, City Clerk By County Attorney BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Chris Craft, Chairman ATTEST: APPROVED AS TO CORRECTNESS AND FORM: Edwin Fry, Clerk Of the Circuit Court By County Attorney 20 Attachment A Budget and Scope of Work 21 Attachment B Activity Work Plan(s) 22 Attachment C State and Federal Statutes, Regulations and Program Conditions By signature of this Agreement, the local government hereby certifies that It will comply with the following applicable federal and state requirements: Section I: State and Federal Statutes and Regulations 1. Community Development Block Grant, Final Rule, 24 35. Protection of Historic and Cultural Properties under C.F.R., Part 570; HUD Programs, 24 C.F.R. Part 59; 2. Florida Small and Minority Business Act, s. 288.702- 288.714, F.S.; 36. Coastal Zone Management Act of 1972, P.L. 92-583; 3. Florida Coastal Zone Protection Act, s. 161.52-161.58, 37. Architectural and Construction Standards; F.S.; 38. Architectural Barriers Act of 1968, 42 U.S.C. 4151; 4. Local Government Comprehensive Planning and Land 39. Executive Order 11296, relating to evaluation of flood Development Regulation Act, Ch. 163, F.S.; hazards; 5. Title I of the Housing and Community Development Act 40. Executive Order 11288, relating to prevention, control of 1974, as amended and abatement of water pollution; 6. Treasury Circular 1075 regarding drawdown of CDBG 41. Cost-Effective Energy Conservation Standards, 24 funds C.F.R. 7. Sections 290.0401-290.049, F.S.; Part 39; 8. Rule Chapter 9B-43, Fla. Admin. Code.; 42. Section 8 Existing Housing Quality Standards, 24 9. Department of Community Affairs Technical C.F.R. Memorandums; Part 882; 10. HUD Circular Memorandums applicable to the Small 43. Coastal Barrier Resource Act of 1982; Cities CDBG Program; 44. Federal Fair Labor Standards Act, 29 U.S. C., s. 201 et. 11 Single Audit Act of 1984; seq.; 12. National Environmental Policy Act of 1969 and other 45. Title VI of the Civil Rights Act of 1964 - Non- provisions of law which further the purpose of this Act; discrimination; 13. National Historic Preservation Act of 1966 (Public 46. Title VII of the Civil Rights Act of 1968 - Non- Law89-665) discrimination in housing; as amended and Protection of Historic Properties (24 47. Age Discrimination Act of 1975; C.F.R. Part 800); 48. Executive Order 12892- Fair Housing 14. Preservation of Archaeological and Historical Data Act 49. Section 109 of the Housing and Community of 1966; Development Act of 1974, Non-discrimination; 15. Executive Order 11593 - Protection and Enhancement 50. Section 504 of the Rehabilitation Act of 1973 and 24 of Cultural Environment; C.F.R. 16. Reservoir Salvage Act; Part 8; 17. Safe Drinking Water Act of 1974, as amended; 51. Executive Order 11063 - Equal Opportunity in 18. Endangered Species Act of 1958, as amended; Housing; 19. Executive Order 12898 - Environmental Justice 52. Executive Order 11246 - Non-discrimination; 20. Executive Order 11988 and 24 C.F.R. Part 55- 53. Section 3 of the Housing and Urban Development Act Floodplain Management; of 1968, as amended - EmploymenUTraining of Lower 21. The Federal Water Pollution Control Act of 1972, as Income Residents and Local Business Contracting; amended (33 U.S.C., s. 1251 et.seq.); 54. Uniform Relocation Assistance and Real Property 22. Executive Order 11990 - Protection of Wetlands; Acquisition Policies Act of 1970, P.L., 100-17, and 49 23. Coastal Zone Management Act of 1968, as amended; C.F.R. Part 24; 24. Wild and Scenic Rivers Act of 1968, as amended; 55. Copeland Anti-Kickback Act of 1934; 25. Clean Air Act of 1977; 56. Hatch Act; 26. HUD Environmental Standards (24 C.F.R. Part 58); 57. Title IV Lead-Based Paint Poisoning Prevention Act 27. Farmland Protection Policy Act of 1981 ; (42 U.S. C., s. 1251 et. seq.); 28. Clean Water Act of 1977; 58. OMBCirculars A-87, A-122, and A-133, as revised; 29. Davis - Bacon Act; 59. Administrative Requirements for Grants, 24 C.F.R. 30. Contract Work Hours and Safety Standards Act of Part 85; 1962, 40 U.S.C. s. 327 et. seq.; 60. Section 102 of the Department of Housing and Urban 31. The Wildlife Coordination Act of 1958, as amended; Development Reform Act of 1989 and 24 C.F.R. Part 32. The Solid Waste Disposal Act, as amended by the 12; Resource Conservation and Recovery Act of 1975 (42 61. Emergency Rule 9BER06-1, CDBG Disaster Recovery U.S.C., s. 6901 et. seq.); Funds; 33. Noise Abatement and Control: Departmental Policy 62. HUD program requirements for disaster recovery Implementation, Responsibilities, and Standards, 24 projects as published in Federal Register, Vol. 69, C.F.R. Part 51, Subpart B; No. 237 (December 10,2004) [Docket No. FR-4959- 34. Flood Disaster Protection Act of 1973, P.L 92-234; N-01]. 23 Section II: Program Conditions - Disaster Recovery Initiative Program 1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety-days (90) from the effective date of this Agreement, the Recipient shall complete the following: a. Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 C.F.R. Section 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions; b. If special assessments or impact fees are to be charged to each household that is to be hooked up to the sewage system, document the source of those funds and that they are dedicated to the project for the purpose of funding said special assessments or impact fees; c. The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient; and d. The documentation required in paragraph 3 below for any professional services contract procured prior to the start date of this agreement. e. Submit to the Department copies of all adopted required policies not provided at the time of original Application, which the Recipient certified would be adopted. Also, unless submitted with the Subgrant Application or reviewed at the site visit and determined to be acceptable, submit an executed copy of the required inter-local and/or subrecipient Agreement if more than one local government is covered by this contract. f. The procurement of professional administrative and engineering services. 2. For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a £QQ.Y of the following procurement documents: a. Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; b. List of entities to whom a notification of the request for proposals was provided by mail or by fax; c. List of firms that submitted a proposal (only if short-listing procedure was used); d. Completed short-listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short-listing procedure used); e. Completed final evaluation / ranking forms; f. Portion of commission minutes dealing with contract award; 24 g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); h. Contract (signed or proposed); i. Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $60,000; j. If a protest was filed, a copy of the protest and documentation of resolution; k. A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000; I. If a regional planning councilor local government is performing the services, submit only a copy of the contract and cost analysis information; and m. If professional services procurement will not be undertaken, so advise the Department. 3. For any activity that requires construction plans and specifications prepared by an engineer or architect: a. Provide to the Department a copy of all engineering specifications and construction plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid documents for all services and/or materials to provide those services and/or materials for all construction activities when the bids are expected to exceed $25,000. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications, construction plans, and bid documents; and c. In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty-five percent (25%) of the grant administration amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Department. For the purpose of this condition, the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total administrative costs per service area based on each service areas percentage of the grants total project costs, excluding administrative costs. 4. For activities requiring acquisition of property, the Recipient shall: a. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will not be used for the cost of acquisition, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice to the property owner of his or her rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. 25 The documentation shall be submitted within forty-five (45) days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition. b. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of all pre-acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The documentation shall be submitted to the Department for review prior to closing on the property. A copy of the final statement of settlement costs and a copy of recorded deed, with any required deed restrictions, shall be submitted within forty-five (45) days of the acquisition. 5. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat. (1995) to hookup to the sewer system within three-hundred and sixty-five (365) days of its availability. (Note that the notification is to be provided at least one year prior to the anticipated availability of the system.) 6. The Recipient shall obtain approval from the Department prior to obligating Disaster funds for any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering fee schedule. The Department will not reimburse or fund engineering activities or costs that are not eligible under the RUS fee schedule and Emergency Rule 9BER05-2 CDBG Disaster Recovery Funds. 7. The Recipient, by executing this Agreement, does thereby certify that program income received and retained by the local government before closeout of the grant will be used to continue grant activities in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program income earned and expended must be reported to the Department on a quarterly basis. Quarterly progress reports are due to be received by the Department no later than fifteen (15) days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 8. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout. 9. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R. Section 570.4890). 10. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such acco[l1modations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 11. All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity. The Department reserves the right 26 to require that deletion of an activity meeting the LMI national objective be replaced with another activity meeting the LMI national objective. 12. The Recipient shall update and submit Form HUD 2880 to the Department within thirty (30) days of the Recipient's knowledge of changes in situations which would require that updates be prepared. A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout and assessment of any penalties which otherwise would have occurred. 13. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatinq Historic BuildinQs. 14. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). All procurement actions shall be conducted pursuant to 24 C.F.R. Section 85.36 and Rule 9B-43, Fla Admin. Code. 15. The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A and on the Activity Work Plan(s). 16. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. 17. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378 shall not be paid with Disaster funds. 18. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any activity in the application, the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting such requirements, within the provisions of Program Condition Number 10. 19. Any debris removal on private property approved by the Department as a result of a HUD waiver will be treated as "direct benefit" and the project file shall document that the property owner qualifies as a low or moderate income (LMI) person. If documentation that the person qualifies as an LMI person is not provided, then the cost of debris removal is not allowed. 20. Following demolition of a structure on private property, the local government shall place a lien against the real property for the cost of demolition. If the lien is not recorded against the real property, then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is needed for residential reconstruction completed during the sub-grant period. A copy of the lien shall be maintained in the project files. When the lien is paid, the funds shall be treated as program income in accordance with CDBG regulations in in 24 CFR 570. 21. For any activity performed as an "urgent need," the project files shall document that the activity meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these disaster recovery funds, the "threat to health or welfare" portion of the requirements may be established in the context of the 2004 hurricane season damage. 27 22. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and LMI benefit documented during the sub- grant period. 23. If grant funds are used for "slum and blight," the project files shall document that the activity took place in an area officially designated as a "slum" or "blighted" area and meets HUD requirements for "slum and blight" national objective, or that the activity qualifies under HUD requirements for "spot blight." 24. If grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final use or disposition shall be met. 25. For any construction contract that requires payment of prevailing wages under the Davis-Bacon and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its DBRA tracking and reporting requirements to HUD for these funds: a. Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information; and b. Prior to awarding the construction contract, submit the Bidding Information and Contractor Eligibility form, or document with the same information, and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects. 26 If any funds are used for housing rehabilitation, the project files shall document that, following completion of each home, all code violations have been corrected and the home meets Section 8 Housing Quality Standards. 27. Within thirty (30) days of execution of any construction contract between the Recipient and a contractor, all construction contractors shall provide a schedule for completion of work activities under that construction contract. 28. Pursuant to Federal RegisterNolume 69, Number 237 [Docket Number FR-4959-N-01] and the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance or from any other program, insurance or any other sources. The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub-recipients and, for housing or other direct benefit activity, individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other means may require repayment of duplication of benefit funds. 28 Attachment D Reporting Requirements The following reports must be completed and submitted to the Department in the time frame indicated. Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement. 1. The Contractual Obligation and MSE Report must be submitted to the Department by April 15 and October 15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the reporting period, the form must indicate "no activity". 2. The Request for Funds Form must be submitted electronically through FloridaPAPERS to the Department by an authorized signatory at a minimum of once per quarter within fifteen (15) days after the end of the quarter: April 15, July 15, October 15 and January 15. If no activity has taken place during the reporting period, a zero (-0-) Request for Funds must be submitted electronically indicating "no funds required". 3. The Projection of Contract Payments Form must be submitted to the Department (4) times a year: May 1, August 1, November 1 and February 1. In Section I indicate the amount of funds projected to be drawn down for the applicable reporting period. If no funds will be required, a zero should be reflected in the applicable reporting period. In Section II, indicate current approved budget and available balance for each project activity. 4. A Disaster Quarterly Status Report must be submitted to the Department fifteen (15) days after the end of the quarter on the report form provided by the Department: April 15, July 15, October 15 and January 15. 5. The Administrative Closeout Package must be submitted to the Department forty-five (45) days after the Agreement termination date. 6. In accordance with OMS Circular A-133, revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMS Circular A-133 and submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. 29 Attachment F Warranties and Representations Financial Manaqement In addition to complying with all applicable federal regulations, the Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that adequately identify the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (5) Accounting records, including cost accounting records that are supported by source documentation. Competition In addition to complying with all applicable state and federal regulations, all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a contlict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 30 Business Hours The Recipient shall be available at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensinq and PermittinQ All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired. 31 Contractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. Contractor's Name and Title Recipient's Name Signature DCA Contract Number Firm Street Address City, State, Zip Date NOTE: SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 32 Attachment J Special Conditions 33 ATTACHMENT K REQUEST FOR FUNDS FORM 34 ATTACHMENT L CONFLICT OF INTEREST POLICY 35 INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ST. LUCIE AND ST. LUCIE COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDING THIS AGREEMENT is made and entered into this _ day of , 2006, by and between the City of Port S1. Lucie, a Florida Municipal Corporation ("Port S1. Lucie"), and S1. Lucie County, Florida, a political subdivision of the State of Florida ("County"). WITNESSETH: WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into interlocal agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage; and WHEREAS, Port S1. Lucie and the County are authD.'ized 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 aQvantage; and WHEREAS, Port S1. Lucie and the County can 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 Department of Defense Act, 2006 (Public Law 109-148, approved December 30, 2005) which appropriated $11.5 billion in Community Development Block Grant finds for disaster relief, long-term recovery, and restoration of housing and infrastructure directly related to the effects of the 2005 hurricane season disasters covered by Presidential disaster declarations; and 1 WHEREAS, Port St. Lucie now desire the County to administer the CDBG DR! 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 of2005; and WHEREAS, an interlocal agreement is required if another local government will be providing required public services, or if a CDBG DR!-funded activity is outside the jurisdiction of the applying local government. NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, Port St. Lucie and the County hereby agree as follows: 1. Purpose. The purpose of this Interlocal Agreement is to designate that the County will be the lead agency and administer CDBG DR! funds to the benefit of all. The complete Application for CDBG DR! 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). It is agreed that at least seventy percent (70%) of the grant funds from this CDBG DR! will be committed to housing projects (restoration of disaster impacted affordable housing). This amount may be exceeded by countywide projects through the administration of this CDBG DR!. The remaining thirty percent (30%) of the grant funds will be used to develop Phase II Darwin Boulevard Emergency Drainage Relief and Access Improvements within the City of Port St. Lucie. 2. Administration. Port St. Lucie agree to allow the County to administer the CDBG DR! in conformance with all applicable HOD 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. 3. Term/Termination. The term of this Agreement shall begin on the date of filling with the Clerk of the Circuit Court of 81. Lucie County, and shall expire as of the date the CDBG DR! is administratively closed out by the County. 2 · ; 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: Douglas Anderson, County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With a copy to: John Franklin, Housing Manager 437 N 7th Street Fort Pierce, FL 34950 If to Port St. Lucie: Patricia Christensen, Mayor 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34984 5. Modification. No modification, amendment, or alteration in the tenus of conditions contained herein shall be effective unless contained in a written document executed with the same fonuality 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. 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 Port St. Lucie, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. 3 · '. 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, 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 Port St. Lucie 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. THE REMANDER OF THIS PAGE LEFT BLANK INTENTIONALLY 4 , -.;. It" IN WITNESS WHEREOF, the parties hereto have executed this agreement for the purpose herein expressed as of the date and year first written above. CITY OF PORT ST. LUCIE, FLORIDA Patricia Christensen, Mayor ATTEST: Karen Phillips, City Clerk By: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Chris Craft, Chainnan ATTEST: Edwin Fry, Clerk Of the Circuit Court By 5 ~ AGRNOA RRQTTRST ITEM NO: C i 0 D DATE: February 21,2007 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Community Services Division John Franklin, Housing Manager SIJR.TRCT: Approval to execute a sub-recipient and interlocal agreement with the City of Fort Pierce in order to administer the 2005 Community Development Block Grant Disaster Recovery Program funding in the amount of $1,332,433. RACKGROIJND: Florida Department of Community Affairs recently announced the Action Plan for the Use of Disaster Recovery Funds. This year only one application per county will be allowed. Housing staff attended a workshop on this grant program, which identified the state's priorities for these funds. Housing for the low-to- moderate income residents is required to be 70% of the total allocation. FIJNDS A V AIL: No match required PRRVIOIJS ACTION: On January 9, 2007 the Board authorized the execution of a contract with the State of Florida Department of Community Affairs in order to administer the Community Development Block Grant Disaster Recovery Program grant in the amount of $1,332,433. On August 15,2006 the Board authorized the grant application to submit a $1,332,433 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal and sub recipient agreements with the Cities of Fort Pierce and Port St. Lucie to receive this funding, St. Lucie County to receive $466,321.55. RRCOMMF.NDA TION: Approval to execute a sub-recipient and interlocal agreement with the City of Fort Pierce in order to administer the 2005 Community Development Block Grant Disaster Recovery Program funding in the amount of $1,332,433 and authorize Chair to sign any necessary documents. COMMISSION ACTION· CONCURRENCE: )(J APPROVED [] DENIED [ ] OTHER: Approved 5-0 Finance: x Check for c Coord joa tjoo/S j~oatll res Management & Budget x Þt.n- ~~urchasing: x'-.;fi¡ County Attorney: x · Originating Departmen . Other: Other: COMMUNITY SERVICES MEMORANDUM #07-134 TO: Board of County Commissioners FROM: John Franklin, Housing Manger SUBJECT: Community Development Block Grant Disaster Recovery Initiative Sub- recipient & Interlocal Agreements DATE: February 27, 2007 St. Lucie County has applied and been awarded $1,332,433 from the Florida Department of Community Affairs Community Disaster Recovery Program. St. Lucie County will be the lead agency with the City of Fort Pierce. A sub-recipient and interlocal agreement is required in order to receive funding from the Florida Department of Community Affairs. STAFF RECOMMENDATION: Approval to execute a sub-recipient and interlocal agreement with the City of Fort Pierce in order to administer the 2005 Community Development Block Grant Disaster Recovery Program funding in the amount of $1,332,433 and authorize Chair to sign necessary documents Attachments (2) SUBRECIPIENT AGREEMENT BETWEEN St. Lucie County AND The City of Fort Pierce FOR Community Development Block Grant Disaster Recovery Program THIS AGREEMENT is entered into by and between St. Lucie County, Florida (hereinafter referred to as the "County"), and the City of Fort Pierce, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the County has received these grant funds from the Florida Department of Community Affairs, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the County has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the County and the Recipient do mutually agree as follows: (1) SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A, and the Activity Work Plan(s) by service area, Attachment B of this Agreement, including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by reference ("the Subgrant Application"). (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and the County shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the last date signed, unless terminated earlier in accordance with the provisions of Paragraph (10) of this Agreement. CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS 1 RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR APPROVES SUCH EXTENSION. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-8?, "Cost Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five (5) years from the date of final closeout of this Agreement, and shall allow the County or its designee access to such records upon request. The Recipient shall ensure that audit working papers are made available to the County or its designee upon request for a period of five (5) years from the date of final closeout of this Agreement, unless extended in writing by the County, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five (5) years after final disposition. 2 3. Records relating to real property acquisition shall be retained for five (5) years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A, Attachment B, Activity Work Plan(s), the Subgrant Application and subsequent revisions that are mutually agreed to by both parties, and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at, but not be limited to, auditors retained by the County. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the County. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the County with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the County by this Agreement. In determining the Federal 3 awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the County. 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 paragraph. In connection with the audit requirements addressed in Paragraph 6{d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above 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: Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [An electronic copy shall also be submitted to aurilla.Darrish(ã>.dca.state.fl.usl and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 4 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 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) 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 letter issued by the auditor, to the County at each of the following addresses: Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [An electronic copy shall also be submitted to aurilla.parrish@dca.stateJl.usl and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the County pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the County 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. 5 (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the County of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the County has notified the Recipient of such non-compliance. ü) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the County no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide to the County reports and information as identified in Attachment D. (b) If all required reports and copies, prescribed above, are not sent to the County or are not completed in a manner "acceptable to the County", the County may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the County' means that the work product was completed in accordance with the Budget and Scope of Work and the Activity Work Plan, Attachments A and B of the Agreement, and the Subgrant Application and subsequent revisions that are mutually agreed to by both parties. (c) The Recipient shall provide such additional program updates or information as may be required by the County. (d) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C.F.R. Part 58 within ninety (90) days from the date of execution of this Agreement. (e) The Recipient shall provide such additional program updates or information as may be required by the County. 6 (f) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C.F.R. Part 58 within ninety (90) days from the date of execution of this Agreement. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure that time schedules are met, the Budget, Scope of Work and Subgrant Application activities are accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachments A and B of this Agreement and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on-site visits by County 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 all monitoring procedures/processes deemed appropriate by the County. In the event that the County determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the County 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. In addition, the County will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the County harmless against all claims of whatever nature by third 7 parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the County, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the County to make any further payment of funds hereunder shall, if the County so elects, terminate and the County may, at its option, exercise any of its remedies sèt forth in Paragraph 11, but the County may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the County shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the County and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the County. (c) If any reports required by this Agreement have not been submitted to the County or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. 8 (11) REMEDIES Upon the happening of an Event of Default, then the County may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in Paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. issuing a written notice of noncompliance to advise that more serious measures may be taken if the situation is not corrected; 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; or 4. requiring the Recipient to reimburse the County for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the County any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the County from 9 pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the County of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the County hereunder, or affect the subsequent exercise of the same right or remedy by the County for any further or subsequent default by the Recipient. (12) TERMINATION (a) The County may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The County may terminate this Agreement for its convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) When this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the County by virtue of any breach of Agreement by the Recipient. The County may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the County from the Recipient is determined. 10 (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the County contract manager for this Agreement is: John Franklin, Housing Manager St. Lucie County 437 N ih Street Fort Pierce. FL 34950 Telephone: 772-462-2375 Fax: 772-462-1290 Email: franklij@stlucieco.gov (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dorina Jenkins, Assistant Director, Community Development City of Fort Pierce 100 N. US1 PO Box 1480 Fort Pierce, FL 34954 Telephone: 772-462-2200 Email: Dorina-Jenkins@city-ftpierce.com (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement. notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the County within ninety (90) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the 11 Recipient. For each subcontract, the Recipient shall provide a written statement to the County as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Activity Work Plan(s) Attachment C - Program Statutes, Regulations and Program Conditions Attachment D - Reporting Requirements Attachment F - Warranties and Representations Attachment H - Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Attachment J - Special Conditions Attachment K - Request for Funds form Attachment L - Conflict of Interest Policy (17) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed $387.738 subject to the availability of funds. (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. 12 (c) All funds shall be requested electronically through the County. (d) Pursuant to 24 C.F.R. Section 570.489(b), pre-agreement costs reflected in the Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of this contract. (e) Funds expended for otherwise eligible activities prior to the effective date of !he Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the County agrees to their eligibility, fundability, or addition to the Agreement, is ineligible for funding with Disaster funds. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer Comptroller or the Office of Management and Budgeting, all obligations on the part of the County to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the County. (18) REPAYMENTS All refunds or repayments to be made to the County under this Agreement are to be made payable to the order of "County of Community Affairs", and mailed directly to the County at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the County for , collection, the County must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Stat., the County shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods 13 and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the County paying interest at a rate as established pursuant to Section 55.03( 1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to County request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the County and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the County from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the County under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of whom may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 14 (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) 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. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal County or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 15 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 18(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the County (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the County prior to the Recipient entering into a contract with any prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. m All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses Shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The County of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. 16 (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the County or be applied against the County's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("I NAil)]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. (0) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the County in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, 17 continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. 18 (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the County for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the County. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement, which he or she knows or should know, could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property, which is so disclosed. Failure to disclose will indicate that no such property exists. The County shall then, under Paragraph (b), have the right to all patents and copyrights, which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. 19 - IN WITNESS WHEREOF, the parties hereto have executed this agreement for the purpose herein expressed as of the date and year first written above. CITY OF FORT PIERCE, FLORIDA Robert J. Benton, III, Mayor ATTEST: Cassandra Steele, City Clerk By: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Chris Craft, Chairman ATTEST: APPROVED AS TO CORRECTNESS AND FORM: Edwin Fry, Clerk Of the Circuit Court By County Attorney 20 · Attachment A Budget and Scope of Work 21 Attachment B Activity Work Plan(s) 22 Attachment C State and Federal Statutes, Regulations and Program Conditions By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: Section I: State and Federal Statutes and Regulations 1. Community Development Block Grant, Final Rule, 24 35. Protection of Historic and Cultural Properties under C.F.R., Part 570; HUD Programs, 24 C.F.R. Part 59; 2. Florida Small and Minority Business Act, s. 288.702- 288.714, F.S.; 36. Coastal Zone Management Act of 1972, P.L. 92-583; 3. Florida Coastal Zone Protection Act, s. 161.52-161.58, 37. Architectural and Construction Standards; F.S.; 38. Architectural Barriers Act of 1968, 42 U.S.C. 4151; 4. Local Government Comprehensive Planning and Land 39. Executive Order 11296, relating to evaluation of flood Development Regulation Act, Ch. 163, F .S.; hazards; 5. Title I of the Housing and Community Development Act 40. Executive Order 11288, relating to prevention, control of 1974, as amended and abatement of water pollution; 6. Treasury Circular 1075 regarding drawdown of CDBG 41. Cost-Effective Energy Conservation Standards, 24 funds C.F.R. 7. Sections 290.0401-290.049, F.S.; Part 39; 8. Rule Chapter 9B-43, Fla. Admin. Code.; 42. Section 8 Existing Housing Quality Standards, 24 9. Department of Community Affairs Technical C.F.R. Memorandums; Part 882; 10. HUD Circular Memorandums applicable to the Small 43. Coastal Barrier Resource Act of 1982; Cities CDBG Program; 44. Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et. 11 Single Audit Act of 1984; seq.; 12. National Environmental Policy Act of 1969 and other 45. Title VI of the Civil Rights Act of 1964 - Non- provisions of law which further the purpose of this Act; discrimination; 13. National Historic Preservation Act of 1966 (Public 46. Title VII of the Civil Rights Act of 1968 - Non- Law89-665) discrimination in housing; as amended and Protection of Historic Properties (24 47. Age Discrimination Act of 1975; C.F.R. Part 800); 48. Executive Order 12892- Fair Housing 14. Preservation of Archaeological and Historical Data Act 49. Section 109 of the Housing and Community of 1966; Development Act of 1974, Non-discrimination; 15. Executive Order 11593 - Protection and Enhancement 50. Section 504 of the Rehabilitation Act of 1973 and 24 of Cultural Environment; C.F.R. 16. Reservoir Salvage Act; Part 8; 17. Safe Drinking Water Act of 1974, as amended; 51. Executive Order 11063 - Equal Opportunity in 18. Endangered Species Act of 1958, as amended; Housing; 19. Executive Order 12898 - Environmental Justice 52. Executive Order 11246 - Non-discrimination; 20. Executive Order 11988 and 24 C.F.R. Part 55- 53. Section 3 of the Housing and Urban Development Act Floodplain Management; of 1968, as amended - EmploymenUTraining of Lower 21. The Federal Water Pollution Control Act of 1972, as Income Residents and Local Business Contracting; amended (33 U.S. C., s. 1251 et.seq.); 54. Uniform Relocation Assistance and Real Property 22. Executive Order 11990 - Protection of Wetlands; Acquisition Policies Act of 1970, P.L., 100-17, and 49 23. Coastal Zone Management Act of 1968, as amended; C.F.R. Part 24; 24. Wild and Scenic Rivers Act of 1968, as amended; 55. Copeland Anti-Kickback Act of 1934; 25. Clean Air Act of 1977; 56. Hatch Act; 26. HUD Environmental Standards (24 C.F.R. Part 58); 57. Title IV Lead-Based Paint Poisoning Prevention Act 27. Farmland Protection Policy Act of 1981; (42 U.S.C., s. 1251 et. seq.); 28. Clean Water Act of 1977; 58. OMBCirculars A-87, A-122, and A-133, as revised; 29. Davis - Bacon Act; 59. Administrative Requirements for Grants, 24 C.F.R. 30. Contract Work Hours and Safety Standards Act of Part 85; 1962,40 U.S.C. s. 327 et. seq.; 60. Section 102 of the Department of Housing and Urban 31. The Wildlife Coordination Act of 1958, as amended; Development Reform Act of 1989 and 24 C.F.R. Part 32. The Solid Waste Disposal Act, as amended by the 12; Resource Conservation and Recovery Act of 1975 (42 61. Emergency Rule 9BER06-1, CDBG Disaster Recovery U.S.C., s. 6901 et. seq.); Funds; 33. Noise Abatement and Control: Departmental Policy 62. HUD program requirements for disaster recovery Implementation, Responsibilities, and Standards, 24 projects as published in Federal Register, Vol. 69, C.F.R. Part 51, Subpart B; No. 237 (December 10,2004) [Docket No. FR-4959- 34. Flood Disaster Protection Act of 1973, P.L. 92-234; N-01]. 23 Section II: Program Conditions - Disaster Recovery Initiative Program 1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety-days (90) from the effective date of this Agreement, the Recipient shall complete the following: a. Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I Community Development Slock Grant Programs and 40 C.F.R. Section 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions; b. If special assessments or impact fees are to be charged to each household that is to be hooked up to the sewage system, document the source of those funds and that they are dedicated to the project for the purpose of funding said special assessments or impact fees; c. The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient; and d. The documentation required in paragraph 3 below for any professional services contract procured prior to the start date of this agreement. e. Submit to the Department copies of all adopted required policies not provided at the time of original Application, which the Recipient certified would be adopted. Also, unless submitted with the Subgrant Application or reviewed at the site visit and determined to be acceptable, submit an executed copy of the required inter-local and/or subrecipient Agreement if more than one local government is covered by this contract. f. The procurement of professional administrative and engineering services. 2. For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a ÇQQY of the following procurement documents: a. Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; b. List of entities to whom a notification of the request for proposals was provided by mail or by fax; c. List of firms that submitted a proposal (only if short-listing procedure was used); d. Completed short-listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short-listing procedure used); e. Completed final evaluation / ranking forms; f. Portion of commission minutes dealing with contract award; 24 g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); h. Contract (signed or proposed); i. Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $60,000; j. If a protest was filed, a copy of the protest and documentation of resolution; k. A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000; I. If a regional planning councilor local government is performing the services, submit only a copy of the contract and cost analysis information; and m. If professional services procurement will not be undertaken, so advise the Department. 3. For any activity that requires construction plans and specifications prepared by an engineer or architect: a. Provide to the Department a copy of all engineering specifications and construction plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid documents for all services and/or materials to provide those services and/or materials for all construction activities when the bids are expected to exceed $25,000. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications, construction plans, and bid documents; and c. In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty-five percent (25%) of the grant administration amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Department. For the purpose of this condition, the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total administrative costs per service area based on each service areas percentage of the grants total project costs, excluding administrative costs. 4. For activities requiring acquisition of property, the Recipient shall: a. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will not be used for the cost of acquisition, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice to the property owner of his or her rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. 25 The documentation shall be submitted within forty-five (45) days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition. b. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of all pre-acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The documentation shall be submitted to the Department for review prior to closing on the property. A copy of the final statement of settlement costs and a copy of recorded deed, with any required deed restrictions, shall be submitted within forty-five (45) days of the acquisition. 5. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat. (1995) to hookup to the sewer system within three-hundred and sixty-five (365) days of its availability. (Note that the notification is to be provided at least one year prior to the anticipated availability of the system.) 6. The Recipient shall obtain approval from the Department prior to obligating Disaster funds for any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering fee schedule. The Department will not reimburse or fund engineering activities or costs that are not eligible under the RUS fee schedule and Emergency Rule 9BER05-2 CDBG Disaster Recovery Funds. 7. The Recipient, by executing this Agreement, does thereby certify that program income received and retained by the local government before closeout of the grant will be used to continue grant activities in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program income earned and expended must be reported to the Department on a quarterly basis. Quarterly progress reports are due to be received by the Department no later than fifteen (15) days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 8. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout. 9. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R. Section 570.4890). 10. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 11. All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity. The Department reserves the right 26 to require that deletion of an activity meeting the LMI national objective be replaced with another activity meeting the LMI national objective. 12. The Recipient shall update and submit Form HUD 2880 to the Department within thirty (30) days of the Recipient's knowledge of changes in situations which would require that updates be prepared. A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout and assessment of any penalties which otherwise would have occurred. 13. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatinq Historic Buildinqs. 14. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). All procurement actions shall be conducted pursuant to 24 C.F.R. Section 85.36 and Rule 9B-43, Fla Admin. Code. 15. The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A and on the Activity Work Plan(s). 16. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. 17. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378 shall not be paid with Disaster funds. 18. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any activity in the application, the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting such requirements, within the provisions of Program Condition Number 10. 19. Any debris removal on private property approved by the Department as a result of a HUD waiver will be treated as "direct benefit" and the project file shall document that the property owner qualifies as a low or moderate income (LMI) person. If documentation that the person qualifies as an LMI person is not provided, then the cost of debris removal is not allowed. 20. Following demolition of a structure on private property, the local government shall place a lien against the real property for the cost of demolition. If the lien is not recorded against the real property, then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is needed for residential reconstruction completed during the sub-grant period. A copy of the lien shall be maintained in the project files. When the lien is paid, the funds shall be treated as program income in accordance with CDBG regulations in in 24 CFR 570. 21. For any activity performed as an "urgent need," the project files shall document that the activity meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these disaster recovery funds, the "threat to health or welfare" portion of the requirements may be established in the context of the 2004 hurricane season damage. 27 22. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and LMI benefit documented during the sub- grant period. 23. If grant funds are used for "slum and blight," the project files shall document that the activity took place in an area officially designated as a "slum" or "blighted" area and meets HUD requirements for "slum and blight" national objective, or that the activity qualifies under HUD requirements for "spot blight." 24. If grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final use or disposition shall be met. 25. For any construction contract that requires payment of prevailing wages under the Davis-Bacon and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its DBRA tracking and reporting requirements to HUD for these funds: a. Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information; and b. Prior to awarding the construction contract, submit the Bidding Information and Contractor Eligibility form, or document with the same information, and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects. 26 If any funds are used for housing rehabilitation, the project files shall document that, following completion of each home, all code violations have been corrected and the home meets Section 8 Housing Quality Standards. 27. Within thirty (30) days of execution of any construction contract between the Recipient and a contractor, all construction contractors shall provide a schedule for completion of work activities under that construction contract. 28. Pursuant to Federal RegisterNolume 69, Number 237 [Docket Number FR-4959-N-01] and the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance or from any other program, insurance or any other sources. The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub-recipients and, for housing or other direct benefit activity, individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other means may require repayment of duplication of benefit funds. 28 Attachment D Reporting Requirements The following reports must be completed and submitted to the Department in the time frame indicated. Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement. 1. The Contractual Obligation and MSE Report must be submitted to the Department by April 15 and October 15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the reporting period, the form must indicate "no activity". 2. The Request for Funds Form must be submitted electronically through FloridaPAPERS to the Department by an authorized signatory at a minimum of once per quarter within fifteen (15) days after the end of the quarter: April 15, July 15, October 15 and January 15. If no activity has taken place during the reporting period, a zero (-0-) Request for Funds must be submitted electronically indicating "no funds required". 3. The Projection of Contract Payments Form must be submitted to the Department (4) times a year: May 1, August 1, November 1 and February 1. In Section I indicate the amount of funds projected to be drawn down for the applicable reporting period. If no funds will be required, a zero should be reflected in the applicable reporting period. In Section II, indicate current approved budget and available balance for each project activity. 4. A Disaster Quarterly Status Report must be submitted to the Department fifteen (15) days after the end of the quarter on the report form provided by the Department: April 15, July 15, October 15 and January 15. 5. The Administrative Closeout Package must be submitted to the Department forty-five (45) days after the Agreement termination date. 6. In accordance with OMS Circular A-133, revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMS Circular A-133 and submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. 29 Attachment F Warranties and Representations Financial Manaaement In addition to complying with all applicable federal regulations, the Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that adequately identify the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (5) Accounting records, including cost accounting records that are supported by source documentation. Competition In addition to complying with all applicable state and federal regulations. all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 30 Business Hours The Recipient shall be available at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensina and Permittinq All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired. 31 Contractor Covered Transactions (1) The prospective contractor of the Recipient, ' certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. Contractor's Name and Title Recipient's Name DCA Contract Number Signature Firm Street Address City, State, Zip Date NOTE: SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 32 Attachment J Special Conditions 33 ATTACHMENT K REQUEST FOR FUNDS FORM 34 ATTACHMENT L CONFLICT OF INTEREST POLICY 35 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT PIERCE .A@ ST. LUCIE COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDING THIS AGREEMENT is made and entered into this _ day of , 2006, by and between the City of Fort Pierce, a Florida Municipal Corporation ("Fort Pierce"), and St. Lucie County, Florida, a political subdivision of the State of Florida ("County"). WITNESSETH: WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into inter1oca1 agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage; and WHEREAS, both Fort Pierce and the County are authorized by genera11aw 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, Fort Pierce, and the County can 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 Department of Defense Act, 2006 (Public Law 109-148, approved December 30, 2005) which appropriated $11.5 billion in Community Development Block Grant funds for disaster relief, long-term recovery, and restoration of housing and infrastructure directly related to the effects of the 2005 hurricane season disasters covered by Presidential disaster declarations; and 1 · WHEREAS, Fort Pierce now desire the County to administer the CDBG DR! 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 2005; and WHEREAS, an interlocal agreement is required if another local government will be providing required public services, or if a CDBG DR!-funded activity is outside the jurisdiction of the applying local government. NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, Fort Pierce and the County hereby agree as follows: 1. Purpose. The purpose of this Interlocal Agreement is to designate that the County will be the lead agency and administer CDBG DR! funds to the benefit of all. The complete Application for CDBG DR! 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). It is agreed that at least seventy percent (70%) of the grant funds from this CDBG DR! will be committed to housing projects (restoration of disaster impacted affordable housing). This amount may be exceeded by countywide projects through the administration of this CDBG DR!. The remaining thirty percent (30%) of the grant funds will be used to develop Phase II Darwin Boulevard Emergency Drainage Relief and Access Improvements within the City of Port St. Lucie. 2. Administration. Fort Pierce agrees to allow the County to administer the CDBG DR! 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. 3. Term/Termination. The term of this Agreement shall begin 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 DR! is administratively closed out by the County. 2 · ... 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: Douglas Anderson, County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With a copy to: John Franklin, Housing Manager 437 N 7th Street Fort Pierce, FL 34950 If to Fort Pierce: Robert Benton, III, Mayor lOON US I PO Box 1480 Fort Pierce, FL 34954 With a copy to: Dorina Jenkins, Community Development Assistant Director 100 N US #1 Fort Pierce, FL 34950 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. 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 Fort 3 · .' Pierce, 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 ()f any protections under sovereign immunity, Section 768.28, Florida Statutes, 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/DisputeslLitigation. 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 Fort Pierce 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. THE REMANDER OF THIS PAGE LEFT BLANK INTENTIONALLY 4 · .. t IN WITNESS WHEREOF, the parties hereto have executed this agreement for the purpose herein expressed as of the date and year first written above. CITY OF FORT PIERCE, FLORIDA Robert Benton, III, Mayor ATTEST: Cassandra Steele, City Clerk By: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Chris Craft, Chainnan ATTEST: Edwin Fry, Clerk Of the Circuit Court By 5 ,,.....,. , AGENDA REQUEST ITEM NO. C-11 DATE: Feb. 27,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Millennium Marble Tile, Inc./ Contract No. C06-10-675 Release of retainage. Project: Courthouse Annex granite façade panels- Mechanically refasten dimensional stone utilizing new anchor system at lower panels (second phase). BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 170-0000-205100-1531 (Accounts Receivable/Retainage) PREVIOUS ACTION: On December 5,2006, Item No. c-7, the Board approved release of retainage in the amount of $8,975.70, to Millennium Marble Tile for the Courthouse Annex granite façade project-phase I. RECOMMENDATION: Staff recommends the Board of County Commissioners approve release of retainage in the amount of $18,780.70, to Millennium Marble Tile for the Courthouse Annex granite façade project, Contract No. C06-10-675. MISSION ACTION: lJ APPROVED [] DENIED [1 OTHER: Approved 5-0 CONCURRENCE: ~ County Attorney: Originating~~ Finance: (Check for Copy only, if APPlicable)~ Mgt. & Budget: Purchasing Mgr.: Other: Other: Eft. 1/97 H:\AGENDA\AGENDA-184 MILLENNIUM MARBLE RETAIANGE II.DOC ... ..: MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: February 27,2007 SUBJECT: Millennium Marble Tile, Inc. / Contract No. C06-10-675 Release of retain age. Project: Courthouse Annex granite façade panels-Mechanically refasten dimensional stone utilizing new anchor system at lower panels (second phase). ****************************************************************************** BACKGROUND: On October 3, 2006, the Board of County Commissioners approved Contract No. C06-10-675 between St. Lucie County and Millennium Marble Tile to mechanically refasten dimensional stone utilizing new anchor system at lower panels on the Courthouse Annex Building granite façade panels (second phase). The first phase of this project was completed, approved and closed out in December 2006. Millennium Marble Tile has completed the task outlined within Contract No. C06-10- 675. The Project Manager, Jerry Parenteau, has inspected and approved the work. Each invoice received by the contractor reflects a 10% retainage, as specified in the contract, until completion. 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OJ ::r: ~ ~ ~ ;;; UJ 0 ~ U "C en ~ 1ñ .... .E u !!! OJ u. '" C> ¡= OJ C '" c:: c W OJ S u :5 !!! c 1::i .8 OJ z OJ "C :is :.:: If) e:( .r: OJ '¡: c: u iií '" c:: 'ã. z '" 1ñ > 0 oð 0 :::: ~ If) ~ '" !!! !!! ~ Q; .!!! OJ If) '" .r: u. OJ .§ 4i U OJ '" ¡: 0 .§ OJ OJ c: ::::; 1§ ë If) z If) ~ 1:: c: c: '" C> a. e.. 0:: :::J Õ CO 0 c: 0 8- .8 0 l- e.. :e 0 E c: '~ .r: '" 1ñ OJ UJ e:( E ¡= ,2 u a. - c: UJ OJ as ë e.. 16 E c: :::J C> 0 0 C> U c: 1ñ ::r: Ñ ~ 8 1ï:: ~ "C '" If) :E C> c: en 0 ~ OJ OJ c: :;¡: r-- c: U :ë a. c: c: u 'E ãi :; z " c: Q; 0 en 0 0 .8 .8 '" 1ñ I .r: ~ OJ '" II 0 ë C> .0 UJ :2 en en en :.:: ..5 U II ¡= ïñ '" - C e:( OJ If) c: c: N '" ..,. 1.0 <0 r-- eX) \I :J E ..... .2 E II Z :::J {j 16 :::J :2 II U 0 II ¡= 0 :; 0 ...J E e:( W II ~ Z c ë .0 U !::: z II e:( S OJ II 0 :;¡: 0 ..5 If) \I 0 U U :J \I I- ..~ ITEM NO. C-12 \"';'--';.. · ...J :: .',-i' .~. COUNTY'. FLORIDA DATE: February 27, 2007 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( X ) PRESENTED BY: Vanessa ~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENVIRONMENTAL RESOURCES SUBJECT: Eligibility requirement form (AD-1026) for Wildlife Habitat Improvement Program funds. BACKGROUND: See attached memorandum FUNDS AVAILABLE: Cost share to be provided with in-kind services. PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends that the Board authorize the Chair to sign form AD-1026, providing eligibility prerequisites required through the NRCS-funded WHIP program. COMMISSION ACTION: Review and AøDrovals CONCURRENCE: f~~~ ~Dou s An on Coun Admi i t or tI APPROVED LJ OTHER: LJ DENIED Approved 5-0 ¡WCounly AIIDrney: X / ~ Originating Dept: (Env. Resou ~ Management and Budget: Purchasing: Other: Other: Finance: Check for copy only, If applicable: ;. " INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA DATE: BOARD OF COUNTY COMMISIONERS MICHAEL BUSH, RESTORATION BIOLOGIST FEBRUARY 21, 2007 TO: FROM: SUBJECT: Eligibility requirement form (AD-1026) for Wildlife Habitat Improvement Program funds. BACKGROUND The U.S. Department of Agriculture (USDA), Natural Resources Conservation Services (NRCS) has funding available to local governments to assist in the management of wildlife habitat through the Wildlife Habitat Incentive Program (WHIP). WHIP is a voluntary program that can help fund Environmental Lands Division's management goals, more specifically improvement of wildlife habitat, through a cost-share agreement. These agreements can range from 3 to 15 years depending on management activities agreed upon. The number of acres eligible for enrollment into the agreement is unlimited, while the current cap on reimbursement for a contractual agreement in Florida is $35,000. Management activities are reimbursed at 75% of NRCS projected costs. Available funding and management activities determine how many acres of a particular site should be enrolled into a WHIP agreement. A portion of Bluefield Ranch Natural Area is scheduled for the ranking process with the WHIP program. If the project ranks high enough and we are deemed eligible through the completion of form AD-1026, then the NRCS will bring forth a cost-share agreement contract for the BOCC to review and sign. RECOMMENDED ACTION Staff recommends that the Board authorize the Chair to sign form AD-1026, providing eligibility prerequisites required through the NRCS-funded WHIP program. R==\b Michael Bush Restoration Biologist AD·1028 (Page 2) (04-20-06) U.S. DEPARTMENT OF AGRICULTURE Form Approved - OMB No. 0560-0185 , HIGHLY ERODIBLE LAND CONSERVATION (HELC) AND WETLAND CONSERVATION (WC) CERTIFICATION (See Page 3 for Nondisctiminalion, Public Burden and Privacy Acl Statements). 1. Nlme of Producer 12. I. D. Number (Last -# diglta only) f' Crop Yelr St. Lucie County Board of County Commissioners 0835 2007 14. Do you have any interest in lend thlt produces or could produce an agricultural commodity? If "YES·, or, If you ere e FlInn Loen YES NO AppRt»nt continue with Item 5. If "NO·, end you ere not e """, IfMn eppllcent, go ft) Item 1 Z end sign end der.. .{ Is. For""", IfMn eppllcllnta only: Will you c:onduct Iny activities for fish production, trees, vineYlrds, shrubs, building construction, .{ or other non-agricultural purposes on lends for which I wetllnd determinltlon has not been completed by NRCS? e. Are you I landlord or telllnt on Iny farm that will not be in compliance wIh HELC and 1M: provisions? If "YES·, enter the frnm .¡ number or contact your County FSA omce before completing this fDmJ. Fetm Number: (Contect your county FSA omee If you ere unsure of the HEL or wetIIInd detetmlnet10ns epp/lceble ft) your frnmlnglnterests.) 17. Do Iny of your lendlords refuse to comply with HELC requirements on any farms? If "YES·, enter the """, number or contect your .{ County FSA OffIce before completing thla fDnn. Fetm Number: Is. Ust Iffilleted persons with farming interests. See Pege 3 for en eJtp/IInlltlon. Enter ·NONE·, If epp/lt»bIe. None 9. During the crop yaIr entered in Item 3 lbove, or the term of I requested USDA loan, did you or will you plent and produce an agricultural YES NO .¡ commodity on land for which I hiahly erodible determlllltlon has not been made? 10. Since December 23, 1985, or during the current crop year, or during the term of I requested USDA loIn, has anyone performed, or will anyone perform any activities to: A. Crelte new drailllge systems, or conduct lend leveling, filling, dredging, lend clearing, excavation, or stump removal, thlt has NOT .¡ been eveluated by NRCS? If "YES·, IndlCllte yeer(s): 2001 B. Improve or modify In existing drainlge system that has NOT been evaluated by NRCS? If "YES., Indlcete yeet(s): 2001 .¡ C. Maintain In existing drainage system that has NOT been evaluated by NRCS? If "YES·, IndlCllte the year(s): Note: Maintenance is the repair, f8habilitalion, or replacement of the capaci/y of fllCisting drainage systems to allow for the oontmuea use or werl8f QS .¡ cummtly in agricultural ptOduction and the continued management of other _. as they __ usad before December 23, 1985. This allows a person to reoonstllJCt or maintain the C8DIICitv of the oriainal svstem or install a t svsftÍmthat is more dureble or will f881ize /ower maintenance or costs. 11. If "YES· to Items 5,1OA and/or 10B or 10C enter the following for the lend the answer applies to: A. Farm and/or tractlfield number: 1389 B. Activity: Wetland enhancement, improvement, and creation throuqh filling of made-made ditches. C. Current land use (specify crops): Natural area¡ environmentally siqnificant land aquisition¡ no crops D. County: St. Lucie County A "YES" answer in Items 6, . or 10 authorizes FSA to refer this AD-10B to NRCS. If you check "YES" to Item 100, NRCS does not have to conduct e certified we"""d detennlnlltlon. (Contect your County FSA OfJIce If you ere unsurellbout the ."s~ ft) Item. 5, . end 10.) Continuous AD-I026 Certification: I have read the AD-I026 Appendh and understand and agree that my eligibiUty for œrtain USDA prognm benefits is contingent upon this certUlcation of COIIIplanœ with highly erodible land and wetland conservation provisions of the Food Security Ad of 1985 as amended, and if a detennination is made that results bt a violation and bteligibiUty, I agree to retbnd aD appDable payDlents. . I agree ro the tenns and conditions stated on AD-I026 Appendh on aD land bt which I have or wiD have an btterest and 1D1dentand that I am responsible for any non-conapDanœ with these provisions. · I agree that I wiD me a revised AD-I026 if there are any changes bt my operation or acthities that may affect COIIIpUance with these provisions. . I1D1dentand that amuated persons are also subject to CODlpUanœ with these provisions and their failure to CODlply or me AD-I026 wiD result bt loss of elipbWty to persons or enterprises with whom they are atDIiated. (See Pøge 3 of this fonnfOl' ofji/iIIted pel'SOII8.) 12. Signature of ~ J hereby certify that the information on this form is true and CO"ect to the best of my knowledge, ani< Producer J authorize NRCS to make a BEL and/m certified wetland determination on the tract or farm numbers listed above. . Producer's Siglllture Dlte (MM-DD- YYYY 13. Referral to NRCS (Completed by FSA) 13A. Signlture of FSA Representative 13B. Date (MM-DD- VYYY) Sign and date if a NRCS detennination is needed for any rell80n including a "YES· answer in ltema 6, 9, 10A. 10B, or 10C. ORIGINAL - FSA COPY D NRCS COpy D PRODUCER'S COPY D ,. AD-1026 (Page 3) (04-20.08) INSTRUCTIONS FOR ITEM 8 OF AD-1026 The producer requesting benefits on AD-1026 shall attach a list of the applicable affiliated persons with farming Interests who are required to file AD-1026. Follow the rules in this table to determine affiliated persons. IF producer, requesting THEN affiliated persons who must file AD-1 026 if they have farming interests are. . . iR R (Rnl . . . individual ~pouse or minor children with separa1e farming interests, or who receives benefits under their individual ID number. NOTE: If the Individual estates, trusts, partnerships, and joint ventures in which the individual filing, or the individual's spouse or nllng Is a minor child, the minor children have an interest. rather and mother shall be corporations in which the individual filing or the individual's spouse or minor children have more than 20% listed as amllates interest. !general partnership first level members of the entity. imited partnership limited liability company joint venture estate irrevocable or revocable trust Indian tribal venture or group corporation with stockholders first level shareholders with more than 20% interest in the corporation State none Church or other charitable ¡Organization county city public schools corporation with no stockholders 8. BEL = "y" = "N" = " " = KEY TO NRCS DETERMINATIONS IN ITEMS 8 THROUGH 11 LISTED ON AD-I026A HiJdùy Erodible Land: 9. 027 = Approved ConseJVation Plan (CPA-027): NI{cs determined highly erodible land. "y" = Tract has an approved conservation plan. NRCS determined no highly erodible land. "N" = Tract does Dot have an approved NRCS has not made a determination. conservation plan. HEL flag is "Y". Producer has a 2-year "X" = grace period after soil swvey is avãilable to obtain an approved conservation plan. 10. A027 = Applying Conservation Plan: 11. W = Wetlands: "y" = Piõducer is actively applying an approved "y" = NRCS determined wetlands on this tract. conservati0îJ(lan or system. (. See footnote.) Producer is OT activel~pplying an = NRCS determined no wetlands on this tract. "N" = approved conservation p or system. "N" NRCS has not made wetland detenninations " " = on entire tract. · NRCS has determined a wetland does exist on this 1racl Contact your local NRCS office or FSA office for details concerning Ihe location oflhe wetland and restrictions applying to the land according to NRCS determination before planting an agricu1tura1 commodity or performing any drainage or manipulation on this Iracl 1IIe foIIawing sllJlemenI:J ... made In acccn1IInce with /lie PrIvfK;y At:t at 1IÞ74 (5 use ð52a) and IIJe Pep/ItwaI< Røduction Act at 1H5. .. emendIJt1. 1IIe aullJortIy liar fflqUNting the fr1IIøNlnf /nfrJrmetion Ð Þ8l1UppI/IKI on /h~ form ~ /ha Food Sectdy At:t of 111B5, Pub. L. H-188, and -'8tiDn. ptOm/Il( ellld under IIJe Act (T CFR PrItt 12). 1IIe Intbtmetlón willie uMKf I:> deIørmItIe ~for PfOf1f8m ".""",. end otherflnencllllUIIIsIIJnœ edmlnillltnd IN USDA --.. The intJnJIelloll may be ftm/shed fD oilier USDA tIf 8fIC.... I~§L~ at J_, or oilier Slllte .na FeCltnfl,wl fIIIfortIement egen_ and In t8IIpOM8 fD onIenJ at a oout! megilhlt or8t1mlni6lla1Ne 111Þuna1. FumØhlnø /lie SocIIIJ &lcurt(y Number ItJ nwn/àty. Fumlllhlng the other reque*d /nfrJrmetion ItJ vo/unlllty; howevir, f8Iure I:> fUmløh cmsct comp/fIfII/t1Ir1nr-.tioti w.,..,1n a dlJflJrmlnetion at Ine1/øIbIIIv 6' C/JI1ú JfO( "8m btmet118 and oilier tfllMCial US/IJt8nca admInlalfrnd by USDA agenc/aa. 1IIe pt'OV/aIona at crlmlne/and clv/lfraud átuaa, 1nc1udlnf 18 use 2æ, ær, 371, tu1, 1001; 15 Dse "'4m; end 31 ose 372IÞ, may Þ8 appllcaÞle I:> /lie information provided by IIJe JfDdUcer on thltJ form. ADcaáIng 10 /lie P8Þe1W011< Røduction At:t at 1H5. an ~O::líonnot conduct or apona; end a peraon ItJ not taqulted fD fNpOnd 1:>, a oo/IaáJon at Information unlaas n dlsplaya a vaJ/c OMS contol number. ì/Je valid OMS control numberfor this """"'-lion cò 1tJ1J5IKNJ18ð. 1IIe fIme /WtIUftd fD complete thia Information COIIactIon ItJ Nlimallld 10 al/8nlf lO 15 mInulN per ræponll8. IncIudlngJ/!e lima tIar tev/ew1na Inatvt:IIoM. I1881C/r/ng tlXlat/nQ t1aIa 8!IIRU. øa and malnlaln/!lf1l1Je dill needed, and and IfWIIIwIng /lie collacllOn at Intbtme/Jon. REnJRN 7HIS COIIIPUiÆD FORM ~1Øtl TO nxIR COUJIITYFARMSSRVICE AGElllCY OFFICE iIaIIf_ III ,..... af 1 . 1IIe U.S. Dapattmant at A¢t;ullute (USDA) prohlbfla t1iIJcr/mlnatlon In aU /Is 1fDf I8IM and ac1MIIa. on /lie bNIa at raœ, eootr. natlonaJ or/¡ In, 11 8, dlaabilily, and whata app/lœb/a, ...... ",.".1 ataru.. famllal atttua. penmtal sllJlIIa, re/I( ion. .....uai _ta/Jon, f 8nat/c /nfrJrmetion, po/ltJcal ÞeI/rJfa, reprtaJ, or bacauae a' or pelt at an lndIvIduar. Income ItJ deTIved from any puÞI/c ua/stanœ PfO(T8m. (Not a' prohlbll1KJ Þ8.. apply fD a' PfO(T8ma.) Penon. with dIaabI1Iiea who f'IIqu;e aJ/IamalNe meana liar commun/calloll at PfO(T8m information (hila, /aIf18 print. audla1apa, ate.) Mould contact USDA'. TARGET Canter at (202) 720-æOD (1IOice and TDD). To tIIa a complaint at dIacr/mlnetlon, wrIta fD USDA, DtecIor, 0ItIi:e at Civil Righta, 1400 Indepandanœ A_ua, S. w., lWtahlngton, D.C. 20250-9410, or ca' (BOO) 71Þ5-3272 (vo/œ) or (202) 72fU382 (TOO). USDA ItJ an equaloppatunl/y provIdar and employer. This form is available electronically. AD-1026 Appendix (04-20..()6) U.S. DEPARTMENT OF AGRICULTURE Form Approved - OMS No. 0560-0185 Appendix to Form AD-1028 Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification The following conditions of eligibility are required for persons to receive any USDA loans or other program benefits that are subject to highly erodible land and wetland conservation provisions, unless an exemption has been granted by USDA By signing Fonn AD-I026, Item 12, the producer certifies receipt of this fonn, and unless an exemption has been granted by USDA, agrees to the following on any farms in which such person has an interest: A NOT to plant or produce an agricultural commodity on highly erodible fields unless actively applying an approved conservation plan or maintaining a fully applied conservation system B NOT to plant or produce an agricultural commodity on wetlands converted after December 23, 1985. C NOT to convert wetlands by draining, dredging, filling, leveling, landclearing or any other means that would allow the planting of any crop, pasture, agricultural commodity, or other such crops. NOT to use proceeds ftom any FSA farm loan, insured or guaranteed, or any USDA cost-share D program, in such a way that might result in negative impacts to wetlands, except for those projects evaluated and approved by NRCS. NOTE: Signature on Form AD-1026 gives representatives of USDA authorization to enter upon and inspect all farms in which the producer has an interest for the purpose of confinning the above statements. Any questions concerning the requirements of the Food Security Act of 1985, as amended, shall be directed to your Comty FSA Office personnel before signing AD-I026 in Item 12. NOTE: The following statements are m8de in acconlance with the Priv8Cy Act of 1974 (5 USC 552a) and the Paperwork Reduction Act of 1995, as amended. The authority for requetltinl1 the following Infonnat/on to be aupplled on this form is the Food Security Act of 1985, Pub. L. 99-198, and regulations promu/g8ted under the Act (7 CFR Part 12). The informMIon wiN be ulled to determine eligibility for profJf8m beneßt8 and other financ;.1 assistance administered by USDA 8f1etIcIes. The i'lformation mq be furnished to other USDA 8f tlflcIes, IRS, Depllrtment of Justice, or other State and Federal 1_ enforcement agencies, and in response to ordera of a court mal1is1rt1te or administr8tive tribunsl. Furnishing the Social Security Number is voluntary. Furnishing the other requesØd Infonntltion is voluntary; however, ",ilure to furnish to cotTflCt, complete imonnation wi' result if¡ a detennination of ineligibility for cett8in prof f8m beneflta and other finanCÍ81 assistance admlniafered by USDA 8f e11Cies. The provisions of crimi". and civil fraud stetutes, including 18 USC 286, 287, 371, 641, 1001; 15 USC 714m; and 31 USC 3729, may be applic8b1e to the imonnation provided by the producer on this fonn. Acconlinl1 to the Paperwork Reduction Act of 1996, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of infonnation unless it diap/8ys a valid OMS control number. The valid OMS control number for this information collection is 0560-0185. The time required to complete this imonnation collection is estimllled to avenrge 15 mimbs per fNPOnse, including the time for reviewing instructions, searching existing data soun:es, tJ8therinl1and maintllining the dllhl needed, and completinl1and reviewing the collection of Infonnation. RETURN THIS COMPLETED FORM AD-102. TO YOUR COUNTY FARII SERVICE AGENCY (FSA) OFFICE (lIddreu printed In Item . of AD-102'A). The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national aigin, age, disability, and whete applicable, sex, marital status, familial status, parental status, religion, sexual otien/ation, genetic information, po/iticat beliefs, reprisal, or because all or part at an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Pefsons wiIl1 disabilities who require altemalive means for communication at program information (Braille, large print, audiotape, me.) should contact USDA's TARGET Center at (202) 720-2600 (voiœ and TOO). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.w., Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TOD). USDA is an equal opportunity provider and employer. ), ITEM NO. C-13 DATE: 2/27/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BV:Ø- · TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Division Leo J. Cordeiro, Solid Waste Director SUBJECT: Staff requests Board approval to reduce the retainage from 10% to 5% as per the Contract with ERC General Contracting Services, Inc. and approve Pay Request No.6 in the amount of $221,806. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-0000-205100-3302 Retainage PREVIOUS ACTION: 8/22/06 - Board approved Bid 06-091 Phase IIIB to low bidder ERC General Contracting Services, Inc. 11/14/06 - Board approved Change Order #1 increasing Contract amount by $479,803. RECOMMENDATION: Staff recommends Board approve reduction of retainage from 10% to 5% as per the Contract with ERC General Contracting Services, Inc. and approve Pay Request No.6 in the amount of $221 ,806. COMMISSION ACTION: CONCURRENCE: <v-) APPROVED () DENIED () OTHER Approved 5-0 I-i ( .t L...- County Attorney (X) ¡~ / 4. Coordínatíon/Sianatures Mgt. & Budget ( ) Other ( ) Purchasing ( ) Other ( ) Other ( ) Finance: (check for copy, only if applicable)-1L- PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM FROM: Board of County Commissioners Leo J. Cordeiro ø Solid Waste Director ~ TO: DATE: February 20, 2007 RE: ERC - Reduction of Retainage This request is for the retainage to be reduced from 10% to 5% in accordance with the Contract Specification, Section 00500, Agreement, Article 11. Substantial completion is anticipated to be achieved by March 2, 2007. Please call if you have any questions. LJC:dls ~e-ZO·2007 03:37PM FR~CD~ VERO BEACH rrm14332 T-OQ3 P.0021Ð11 F-43T CDNI 1701 His"-Y ....,..... SuiM! 301 Vero Buell. flottda S1Wð 'II!!~ 772231-4)D1 IiII: m 231-4312 February 20, 2007 HAND DEI..IVER Mr. Leo J. Cordeiro Solid Waste Director St. Lucie County 6120 Glade.. Cut-Off Road Fort Pierœ, Florida 34981 Subject: St. Lude County Baling and Recycling Fac:iJity Phase TIIB Construction County Project No. C06-08-491 . Application for Payment No.6 (Request for Reduction of Ret:ait'ta~) Dear Mr. Cord.eiro~ Transmitted herewith are five copies of the ~ Application for Payment submitted by ERC General Contracting SetViœs, Inc., for the period ending January :31, 2007. Within t1ùs pA}"Inf!l\t application the ConÞ:actor has requested that retainage be reduced from 10 percent to 5 percent, in ac:cordance with the Contract Spedfications, Section 00500, Agreement, .Article 11. The contract milestones for the project., incorpœating Change Order No.1, are March 21, 2007 for Substantial Completion and April 20, 2OC17 for FiI1al Completion. Substantial completion is anticipated to be achieved by Mardi 2, 2007. We have reviewed this eatîmate and recoøu:netld payment as follows: TOTAL REQUFSTED THIS APPUÇ/\1J9N $221,806.00 TOTAL PAYMENTS TO DATE $4,214,301.00 þ1140M consulting· .nglnterlng . construction. operations FEe-20-2DOT 03:37PM F~DM VERO BEACH 7122314332 1-0;3 P.003/011 F-43T ClIVI Mr. Leo J. Cordeiro February 20, 2007 Page 2 We !:rust the enclosed is sufficient for your review, however, il you need additional ÏIÚormation or clarifiœti.on,. please do not hesitate to contact: us. Very truly YOutS, ~4~ Kevin N. VaM. P.E. Project Manager Camp Dresser &: McKee Inc. Pile: 6277-44809-142 cc: Jerry Pinder, ERC Ron Roberts, SLC jb11.ct.oIœ FEB-ZO-200T 03:3TPM FR~CDM VERa BEACH T122314332 T-OQ3 P.0041011 F-43T CONSENT OF SURETY COMPANY TO RELEASE PARTIAL PAYMENT Surety: Project: EVergrJ!:en National ~ Co~y St. Lucie County t,.pDdfill Bailin¡ & R.ecyc1ing Facility PHASE TTTR Cons11"uCtion 06-091 Contract Date: AU¡us1 ']:2Å 2006 Bond Nmnber. 850996 To (Obligee): St. Lucie Coun1Y BOCC Contractor: ERC General Contractin¡ Services, Inc. In accordance with the provisions oIthe Contract between the obli¡ee and the Contractor as indicated abo'Ve, the Surety on the above bond bcrcby approves of the Partial Payment to the Contractor in the amount of Two hundred twenty one thousand eight hundred six Be. nolIOOs (5221,806.00), and agrees that Partial Payment to the ContraCtor shall not relieve the Surety of any of its obligations to Obligee as set in the said Surety"s bone!. Special COa.cIItIODl: Per the Directive of Draw eueuted between ERC General Coatraetbag $en-iea. Inc. and the Board of County CHuabsloDus, St Lucie COIIDty, payment should be seat diredly to: Contnet OperatioDI Planning, LLC Atta: Tim Miracle 23500 Mercantile Rd.., Unit D Bcaelnvood, OB 44122 216- '~-0602 In Witness Whereof, the Surety has hereunto set its hand on February 7, 2007. Evergreen National Indemnity Company By: --.. --..-..-- FEB-2Q-Z007 03:37PM FROM-CDM VERO BEACH 7722314332 j-Oa3 P,DDS/Dt! r-(37 EVERGREEN NATIONAL INDEMNITY COMPANY COLVMBUS, OHIO POWER OF AtTORNEY CClNTRAC1' AMOUNT $4,541.700.00 AMOUNT OF BOND I POWBllNO. 21712007 "$4,067,897.00 850996 PRINC'lPAL ERC General Ccm.tractini: S.¡:vice.. lac. m:ÆCTlVBDATE KNOW ALL MBN BY 'mESa PRESENTS: 'Ibat the E1CIfIG NI1ÌoDI1 fDdazmitf Comptq¡y, . COtpCKIID,04 in tile Sraœ of Ohio cIocs ~ IIIIIDÙIaI. COIIIdU.1rI4 ~ Julie K Bower. " ' iIIlnII UId J.ad¡] AUGmIy(s)-In-F1IGC to maIc:ø. ~ IIIIISt, seaJ. 8II.d dtIivlr for lad <11111 ~ II SlImy, UId II q ~ IIIId daed, where reqaIrIcI, my IIId. .n bOlldl, ~.. nICC.f;IÙ2IIØI mf wriumobliptigaa iD _ DIt\Ire tbeJeo( PlDVIDED, howewr, that dII oblip;!ou of Ihc ComJ-Y 1ØIIIIrtbilPOWIrofAuaruylhannocc:xgecd . One million five hundnd thousand & no/lOOs , . TIIiI Power of A~ ÎI ¡tIðœd IIId illfpad by r..lmlh: pvI'JIIIIQt III the ibnOWÚlØ'Boeo1u1i011& adopœd by itJ Bœrd of Dinctan OIl 1hG 23rd ùy fit Fc'bn1u:y, 1994: . "1ŒSOL VED, 'IU 1111 11/0 offic:ln oflb Coapay IIPe tile IIIIIUrity 10 IIIÙII, -= IIIId ~. Po-tw:r of AUomey ~ II A\fOnIII)'(I} 111-&01: JUdi pcmu. &D, ... carpcaåIa . -r" .1IctIcI hm _ !.O 1ÍIDI. FUR.'I'BEa RESOLVED. 'ilia; 'dill ....... or øda -omœa ad 1ha Saa1 oftbD ~ -r ba .mud to Illy IUCÅ Pawc of J.brxuy Of IW CCCIi~ rdIdz¡g 1IIIRIa by e.ødm1ID; IIIIdIll)" IDCk Poftt of A=ruy or c~ baIiag neb 1iII:similI1ÏIU\Ir'II o:~ øllball .. ~ cd biuIIiac .. _ ~ l1li4. IUCb powtIIIlO ~ DId IBtI!IId bJ &œiaIÜI: aipSInI uuI fIaadmIJa Ia6l &hall. be wliI! aa4 bÏII4iD¡ ap¡c !lie ~ ta dill ftmmt MrhnllpClllt 10 -r baad or IIIIdaUiD& II) whicIt it illIIICbIcL . IN WITNESS W'HP.1œOF. die E'IWI¡I:WD NcimI&I ~ Coaqao.y baa caue4 itll"lIOtpQtUIII seaJ. ID be aftiud berrnmto, ad dIIu praCDb 10 be Iipd by . duly ...."""-.4 aI!itIed dIiI 17th day at Aupt, :ZOO]. !VEI.onEN NA'I10NAL INJ:)EMNlTY OOMPANY ·L'II/At RoPdI P. EIIia, helidl!llt ~ G!IaI1 D..!oœ:hwtck, TnuurIr Nomy Public} S. ofObio) ss: On åIÏ$ 27th day at Au¡uIt. :ZOII1. bdn m.1Ubscribcr. I NolIZy fbr the Stale of Ohio. duly c:ommiaioccc1ad q,uaJi&d. pc:noaaI1y CldlllioIwD. P. EI& mI GIam D. Sau.dzwick of tile SVCIfPIID NaIic:mlIrldeml1iJ;y CðaIpu)', ID me petKIMIly bowi11Ð be die iIIdlYÚbIaJS &lid otIiI:m dc:Imbed IImm, IIId who IIUCUUId tile JII'IC*ÜDI iIIIlrIImIa& IUd ~kdaccl tba ~ òr1bc IIIIIC _ bcIaa \Jy -= d&ib' IWOtII, dqøed.1bSd. Mid dill: by am 1b= om.:m of' _ CoIøpc¡y ~ ÞId. dial: tIle sat dud II) t!I.e JRCIdI:aI ÙllIIUDIIItt is tbI Corporate Seal of IIIid CmD¡Ëy, ad tbe Mid ~ s.l1ll4 ~ .. of&as WCftII duly a&ori IØd ~ to Iba _ ~ by Ibø IQIIboricy IIIId. dinIctiaII. of'uid CarporadoD,- dial tile ~1utico of IIi.4 CoœpIey, œCemId tom tbI precedin¡ iaInmIar, b JIDW JD tørc.. IN TESTIMONY WBElU!OF. I 1IIw br:GaaID .. my haQt IUd affixed my of1iciIl.. at CGIumIIut. 01Ii0, ilia day IIId Yllarlbove 'II'riUm ~~~" . .UIfPI' ØJ~- S. ofObio ) ss: NotIIy Public State of Ohio My c.-...ö..v... ex.pirII AIIpIt 6, 2004 I. tho lIZIdmsipad, Secre*Y at ÛII Bverpea N~ lDdamdty CompIDy. & IIiOdc oocporIIiœ of 1be s.. or 0Ià0. DO HEREBY CERTIFY 1iIIt_ ÍllØ:FÙ18 Pvwzr or /oI.tI1øI#y reúIaÌr1I iD i1I1 bI:e UId JIll DOt bIm IWObd; 1IId.1i1.nbamoze þ u. R.aalu1ioG of !be :EIOIa1i of DirKtoø, .. forIb hIrcÌII ~. ÍlIIOW' ÌII. ~- ' æ,aedllll4lN1!1dmCoI:IImbaI,Obîoœls 7th dayot February. 2007 ÇJt/)pÞ 1- Jolll1 A. MarIZzI, SIc:rIruy '-I NpnMtuetloa.. 6aimi1e qf'tjU a-. ia wiA IIIÅ IIMIIíoI. FES-ZO-ZDDT 03 :3TPM FROM-CDIoI YERO &EACH rTZ2314332 T-ODS P.006/D11 F-431 "'PLICATION FOR PAYMENT NO.6 To: SA TIJQEjDtJN1YBnA'RfJOPrntJNTYmMMI5..lI¡Jrn.mn From: £ië~'NERAL nlNI'IlA.CItNG SERvrcrS. TNCD~~n ~ S~TTnF mlNTY'BA'fJNG ANDRErYCrJNGFAmrrY Pavject: ClAS!!: , _ 'PHMR 1R ~rno~ OWNER'I Coatna: No.: cnr..a&491 t:WUIUU.'. PmjtctNo.: mMI.177.4flti·142 For Worlc la:oq¡Jisbed thzouch ~ daœ of: Ionua~ 31,2007 1. Original Conmc:t P1'iœ: 2. Ner:cbanpbyOmpOrdeøøWtiœ:nJ.--Am- (+(JC-): :J. CŒem ~?rice (1 plus 2~ 4. Total completed aDd ItOmi 10 dire: RmiDage (per~: s% of ømpltœd Vlatic of stOred zmœriah TotRI ~ Tom! completed me! rtoRd to daœ leu rmimge (4 mÎDDlS): Len~^w~forPa~: DUE THIS APPUCATtON (':MJNUS 7); (OWNER) (ccNî'RACI'OIq S 1fJF.7,WJ7 $ _ 473Ja1 H..~~,700 S 44~ I, 10& 5. S 221.B05 S 0.00 S 22111DS 6. 7. H,214JOl $ 3.992-495 S 221.1Ofí I. kco~ t)oç'I:V--~ SehtduIt of Values, CDDICIot to S\Imy. p¡gjet;t Schedule, Project Photo', CON'I'McrOR.'S QrãficaüoD: 'Ihc tmdmigDed OONI'ItA.CTOR.cettifiec tIw (1) all pmiom Prop$ paym=.ts te(1!:Ìged írom oWNER on ~ of wodtdoo. UDdiIrm. CDutncuaE.-i ¡o above have beeupp!ie[{OI1acaJDJØ: to dischar&e C01l t R A': t 01\ '. Iepiame obIipioos im:urnd îÞ.coamcaiœ 1UÖ Workœ'feftd byprior App~ rM Pa,aat øumbeœd.l émuch-'- mdusive; (2)titJI of aD Work, m=:iaIs aa4 ~ ia.corpoø&ed jQ laid Wockar otbarwise &tad iø. orøY=d byrhis ^rr~ lar Pay1:œmwill pall to 0WNEll1t tDe of paJmIIDI: m. ami clcarof aU.ti=i, secwitrÌDtløsti me! CIIclmllnm:a(accpt such as 1ft! Coveæd bya Baad ~ to 0.. E. ~ OVlNIDlapiMeysucl1Lírm, NCUåtyiatm:st~orCDCllØlÒønr:e); øcI all WotkCOYllRd by this AppbDonforP&)'lDllDts in a=ozdaace -= me Cbatnct~--=- ~-- Dåcd: FcbnmyStb,2007 ~ CONTRACTOR .)'1 Ihlter It.e)'u. C'FO 51* of 6wida Coœtyof ~ sub5c:DDed aøò POM to be£oœ me this 8'" ~7 t::Jr-z ~~ My~""'" ~ ·?:.-O~ . ,/ ~Qe'¡""'J.W) DuE'ììÐshPPLl=ON''-~ ~~ .: By: ' _ ~~ BNOINED , DOIIB IIIImIrÐì MYmul4lS8lON'DÞm?W ~~~~ BECDC No. C-71)Q.B: (2aa2 Editi..) 1'IopIøII1 y1...I..p..øJaìo&c....-~CðIlllDilw Ift4c11kt1ød ~-n.""""" c-I o.-..ar "...1Dd * a.na-iaa .JIIIIi»1 .......... 6217.Wl09-lf251104106 00800·30 W?B360 F£B-2ø-2DOT 03:38PU FROM-CDM VERO BEACH n2Z314a3Z ERC GENERAL CONTRACTING SERVICES. INC. St. lucie Countv .. hUnQ and Recval.ina FacUItv Ph-. UIB constrcutlan Pay Application #6 CURRENT CONTRACT AMOUNT $4.541.700 AMOUNT COMPLeTE MATERIALS STOREO AT SITE TOTAL COMPLETED AND STORED RETAINAGE 5% RETAINAGE OF STORED MATERIALS RETAlNAGE OF WORK COMPLETED TO DATE TOTAL. 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Grande Chris Craft District No. I District No.2 District No. I District No.4 District No. I AGENDA Februar" 27, 2007 I. MINUTE' Approve the minutes from the meeting held on February 13, 2007 2. GENERAL PUBLIC COMMENT CON'ENT AGENDA I. WARRANT' LI,T Approve warrants List No. 20 and 21. 2. MO.OUITO CONTROL Authorize the approval of Budget Resolution No. 07-002, budgeting a $50,000.00 Contribution from Tailers' Cove Development, LLC - Consider staff recommendation to approve Budget Resolution No. 07-002, and authorize the Chairman to execute the Resolution, budgeting a $50,000.00 Contribution from Tailers' Cove, LLC, for impoundment improvements in Impoundment 10B. I. PURCHA.ING First Amendment to Contract C03-11-778 with Aquatic Vegetation Control, Inc. - Consider staff recommendation to approve the First Amendment to Contract No. C03-11-778, and authorize the Chairman to sign the Amendment as prepared by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action ta~en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1m or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. 02/23/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #21- 17-FEB-2007 TO 23-FEB-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 25,924.66 36,611.77 GRAND TOTAL: 25,924.66 36,611.77 MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 13,2007 Convened: 9:25 a.m. Adjourned: 9:26 a.m. Commissioners Present: Chairperson, Paula A. Lewis. Doug Coward, Chris Craft, Joseph Smith, Charles Grande, absent ill Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINTUES It was moved by Com. Smith, seconded by Com. Craft, to approve the minutes of the meeting held January 23, 2007; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENT None 3. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No. 17,18 and 19. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 02/16/07 FZABWARR FUND 145 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 10-FEB-2007 TO 16-FEB-2007 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund GRAND TOTAL: EXPENSES 41,011.36 41,011.36 PAGE PAYROLL 0.00 0.00 1 " AGENDA REQUEST ITEM NO. C- 2 DATE: February 27, 2007 CONSENT X ] REGULAR PUBLIC HEARING ] Leg. [ ] Quasi-JD. [ TO: Mosquito Control District Board PRESENTED BY: SUBMITTED BY (DEPT): Mosquito Control James R. David Director SUBJECT: Authorize the approval of Budget Resolution 07-002, budgeting a $50,000 Contribution from Tailers' Cove Development, LLC Impoundment 10B is an aO-acre (+/-) coastal wetland impoundment located on South Hutchinson Island. Tailers' Cove Development, LLC, a permitted development located adjacent to the wetlands of the impoundment, was required by SFWMD permit to contribute $50,000 to the Mosquito Control District for Impoundment improvements. The goal of the contribution is to privately subsidize engineering analysis, survey, permitting and breach stabilization improvements, which will enhance hydrological circulation in the wetlands of the site. Once the engineering analysis, survey and permitting are completed, the District will solicit quotes for stabilization of two breaches, and install a Hydrological Circulating Disk Aerator(s), to increase water turnover in the wetlands. Authorization is requested to approve Budget Resolution 07-002, in order to budget a $50,000 contribution from Tailers' Cove Development, LLC. BACKGROUND: FUNDS AVAIL.: 145-6230-563000-prog Infrastructure - T ailers' Cove -Impoundment 10B; 145-6230- 563005-prog-lnfrastructure-Consulting Eng -Tailers' Cove-Impoundment 108; 145- 6230-563011-prog-lnfrastructure-Permits/Applications - Tailers' Cove -Impoundment 10B PREVIOUS ACTION: On December 12, 2006, the Chairman of the Board executed the Easement and Capital Contribution Agreement Staff recommends that the Board approve Budget Resolution 07-002, and authorize the chairperson to execute the Resolution, budgeting a $50,000 Contribution from Tailers' Cove, LLC, for impoundment improvements in Impoundment 10B. RECOMMENDATION: COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] OTHER: Vcounty Attorney: ·-originating Dept: (f A.-./'- Finance: (copies onl~ :v Coordination/Signatu es ~t & Budget: Public Works: unty Administrator [ ] DENIED Approved 5-0 ~sing: Other: ~ MEMORANDUM TO: FROM: DATE: SUBJECT: Mosquito Control District Board James R. David, Mosquito Control Director February 12, 2007 Authorize the approval of Budget Resolution 07-002, budgeting a $50,000 Contribution from Tailers' Cove Development, LLC BACKGROUND: Impoundment 10B is an aO-acre (+/-) coastal wetland impoundment located on South Hutchinson Island. Tailers' Cove Development, LLC, a permitted development located adjacent to the wetlands of the impoundment, was required by SFWMD permit to contribute $50,000 to the Mosquito Control District for Impoundment improvements. The goal of the contribution is to privately subsidize engineering analysis, survey, permitting and breach stabilization improvements, which will enhance hydrological circulation in the wetlands ofthe site. Once the engineering analysis, survey and permitting are completed, the District will solicit quotes for stabilization of two breaches, and install a Hydrological Circulating Disk Aerator(s), to increase water turnover in the wetlands. Authorization is requested to approve Budget Resolution 07-002, in order to budget a $50,000 contribution from Tailers' Cove Development, LLC. RECOMMENDATION Staff recommends that the Board approve Budget Resolution 07-002, and authorize the chairperson to execute the Resolution, budgeting a $50,000 Contribution from Tailers' Cove Development, LLC, for impoundment improvements in Impoundment 10B. "' ~ RESOLUTION NO. 07-002 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of the budget have become available from Tailer's Cove Development, LLC in the form of a contribution from a private source in the amount of $50,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Mosquito Control District board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of St. Lucie County, Florida, in meeting assembled this 27th day of February 2007, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2006-2007, and the District's budget is hereby amended as follows: REVENUES 145-6230-366930- Contributions from Private Source $50,000 APPROPRIATIONS 145-6230-563005- 145-6230-563011- 145-6230-563000- Infrastructure - Consulting Eng Infrastructure - Permits/Applications Infrastructure $30,000 $1,000 $19,000 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Joseph E. Smith Commissioner Charles Grande Commissioner Chris Craft xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 27th DAY OF FEBRUARY, 2007. ATTEST: MOSQUITO CONTROL DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRPERSON APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY "~ 1 PROJECT ACCOUNTING REQUEST FORM DATE: 12-Feb-07 DEPARTMENT: Mosquito Control NAME OF PROJECT: Tailer's Cove -Impoundment 108 DESCRIPTION: Contribution of $50,000 from Developer to Mosquito Control District for Impoundment Improvements PROJECT PERIOD (START/END): PROJECT MANAGER: 2/27/2007 End Date: 09/30/08 James R. David PROJECT AMOUNT: 02/27/07 projected $50,000 BOARD APPROVAL DATE: IS THIS 100% COUNTY FUNDING? DYES [JNO (MARK ONE) IF NO, PLEASE EXPLAIN OTHER RELATED PROJECTS: Contribution from Tailer's Cove FUND AND ORGANIZATION: 145-6230 145 PREDECESSOR FUND: CONTRACTS: COMPANY: CONTRACT AMOUNT: ADDITIONAL INFORMATION: APPROVAL PROJECT MANAGER: James R. David DEPARTMENT HEAD: James R. David MANAGEMENT & BUDGET: Kristy H. Li lIy FINANCE DEPARTMENT: Karen Russell PROJECT NUMBER: ..... , ITEM NO. C-3-A DATE: 02/27/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: First Amendment to Contract C03-11-778 with Aquatic Vegetation Control, Inc. BACKGROUND: Please see attached memorandum. FU N DS A V AI lABlE: 145-6230-534000-695016 PREVIOUS ACTION: On November 25, 2005 the St. Lucie County Mosquito Control District approved the contract with Aquatic Vegetation Control, Inc. for Invasive Plant Control Services. . RECOMMENDATION: Staff requests District approval of the First Amendment to Contract C03-11- 778, and authorization for the Chairman to sign the Amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ()Q APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney (X) 12{' Coordination/SiQ natures Mgt. & Budget ( ) Other ( ) Purchasing (X) ?Jf/)/ Engineering. ( ) Other ( ) Finance: (check for copy, only if applicable)_ ;. . PURCHASING DEPARTMENT MEMORANDUM -.-. -,- -_.~._._------_....---'- -- ..~~_.'--"- ._-~_._,.._-,..--, .~._.~-- -~._-_. . ._._...,_.._."...._.~ ··..·L__.·~_~·_· --.._"' ""'.. .<._~r '_~"."__'_'O_' ."'..~^.."-._.'_..~-~-_.- --.- .~,_ ,_ n,.', .,,"~.""_., ~ __ TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: February 28,2006 RE: First Amendment to Contract C03-11-778 with Aquatic Vegetation Control, Inc. BackQround: On November 25, 2003 the S1. Lucie County mosquito Control District approved a contract with Aquatic Vegetation Control for the labor, equipment, and materials necessary to provide invasive plant control services for the Bear Point Mitigation bank. The original contract was for three (3) years with two (2) one-year renewal periods. Staff would now like to exercise the first one-year renewal option. Recommendation: Staff requests Board approval of the First Amendment to Contract C03-11-778 with Aquatic Vegetation Control, Inc., and authorization for the Chairman to sign the Amendment as prepared by the County Attorney. i C03-11-778 FIRST AMENDMENT TO NOVEMBER 25, 2003 CONTRACT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND AQUATIC VEGETATION CONTROL, INC. THIS FIRST AMENDMENT made this _ day of , 2007, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, hereinafter called the "District" and AQUATIC VEGETATION CONTROL, INC., or his, its or their successors, executors, administrators and assigns, hereinafter called the "Contractor". WHEREAS, on November 25, 2003, the parties entered into a Contract for the Contractor to provide all of the labor, equipment, and materials necessary to provide invasive plant control services for the Bear Point Mitigation Bank; and WHEREAS, the partie·s desire to amend the Contract to exercise the first one-year renewal option and decrease the number of yearly maintenance treatments. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 3. TERM/TIME OF PERFORMANCE of the Contract is hereby amended to read as follows: 3. TERM/TIME OF PERFORMANCE The term of this Contract shall be for a period of four (4) years commencing on the date of the written notice to proceed issued by the District. At the option of the parties, the Contract may be extended for (1) one additional (1) year period. The Contractor shall commence work on the Initial Treatment within thirty (30) days of the date of the written notice to proceed issued by the District. The Contractor shall complete the Initial Treatment within ninety (90) days. Thereafter, the District shall issue written notices to proceed for each Maintenance Treatment. The Contractor shall complete each Maintenance Treatment within thirty (30) days from the date of the notice to proceed. The work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the work within the time limit set forth in the Contract. Should the organization of the Contractor, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stated time, then the District shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the 1 · I C03-11-778 work as planned within the required time and to charge the cost of all such work against the Contractor. The Contractor fully understands and agrees that the District shall not pay for any obligation or expenditure made by the Contractor prior to the effective date of this Contract, unless the District authorizes such payment in writing. 2. Paragraph 4 CONTRACT PAYMENT of the Contract is hereby amended to read as follows: 4. CONTRACT PAYMENT The District shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract, subject to adjustment by change order, the sum of forty-eight thousand seven hundred fifty and 00/100 dollars ($48,750.00) for the initial treatment and five thousand eight hundred eighty and 00/1 00 dollars ($5,880.00) for each maintenance treatment thereafter based on invoices submitted by the Contractor and approved by the District Project Manager. 3. All other terms and conditions of the original Contract and the First Amendment to the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES AQUATIC VEGETATION CONTROL, INC. By: Print Name: Title: 2 02/16/07 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #20- 10-FEB-2007 TO 16-FEB-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 398.71 0.00 GRAND TOTAL: 398.71 0.00 1 02/23/07 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #21- 17-FEB-2007 TO 23-FEB-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 7,291.67 4,607.28 GRAND TOTAL: 7,291.67 4,607.28 1 " ~ - .-.............- Charle, Grande, Chairman Chrb Craft, Vice Chairman 'o,eph E. Smith Doug Coward Paula A. Lewb Dbtrlct No.4 Dbtrlct No.5 Dbtrlct No. I Dbtrlct No.2 Dbtrlct No. J AGENDA F.ltruar" 27, 2007 I. MINUTES Approve the minutes from the meeting held on February 13, 2007 2. GENERAL PUBLIC COMMENT CON'ENT AGENDA I. WARRANTS LIST Approve Warrants List No. 20 and 21. 2. PUBLIC WORK' A. Second Amendment to Orant Agreement No. 06SL1 with the Florida DEP for the Ft. Pierce Shore Protection project - Consider staff recommendation to 1) the Second Amendment to Project Agreement 06SL1 with the Florida Department of Environmental Protection, contingent upon review and approval of the final agreement by the County Attorney, and 2) Budget Resolution No. 07-006, with execution of said documents by the Chairperson. B. First Amendment to Wort:? Authorization No.8 with Taylor Engineering, Inc. for a time extension to the project schedule - Consider staff recommendation to approve the First Amendment to Wort:? Authorization No.8 with Taylor Engineering, Inc. and signature of said agreement by the Chairman. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. -----~- EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 13, 2007 Convened: 9:26 a.m. Adjourned: 9:27 a.m. Commissioners Present: Vice Chairman, Chris Craft, Joseph Smith, Doug Coward, Paula A. Lewis, Chairman Grande absent, ill Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Smith, to approve the minutes of the meeting held January 23,2007, and; upon roll call, motion carried unanimously, 2. GENERAL PUBLI C COMMENTS None 3. CONSENT AGENDA It was moved by Com. Smith, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No. 17,18 and 19. 2. County Attorney South Hutchinson Island Emergency Dune Restoration Project - Temporary Construction Easements- Resolution No. 07-04 Parcel 51 Sand Dollar Villa (Condo A thru E)- Resolution No. 07-05 Parcel 53 Dune Walk by the Ocean Condo Assn., - The Board approved accepting the Temporary Construction Easements, authorized the Chairman to sign Resolution No. 07-04 and Resolution No. 07-05 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court % ~ AGENDA REQUEST ITEM NO. C-2A DATE: February 27,2007 TO: S1. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~~ Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Second Amendment to Grant Agreement No. 06SL 1 with the Florida DEP for the Ft. Pierce Shore Protection project. BACKGROUND: On June 13, 2006 the Board approved Grant Agreement 06SL 1 with FDEP consisting of $72,667 in state funds to provide design and permitting services related to the 2007 Fort Pierce Beach Nourishment project. On January 9, 2007 the Board approved the first amendment to this grant agreement for an additional $19,613 in state funding to provide for services associated with the Limited Re-evaluation Report. The next nourishment of Ft. Pierce Beach is tentatively scheduled for this spring with an estimated cost of $5 million. The U.S. Army Corps of Engineers (Corps) has identified the non-federal share of this cost at $1,812,000. The attached draft amended agreement provides for additional state funding in the amount of $906,000 to cover 50% ofthe non-federal cost. The remaining 50% ($906,000) ofthe non-federal share will be funded through the Erosion District. A copy of the Corps' request for the non-federal share of the cost is also attached. FUNDS: Funds were budgeted in the 2006-07 Capital Improvements Program and will be made available in the following account: $906,000 in Account No. 184209-3710-546340-3630; Erosion District - FDEP Grant for Ft. Pierce Beach. Budget Resolution No. 07-006 is also attached for Board consideration. PREVIOUS ACTION: June 13, 2006: Board approved Project Agreement 06SL 1 with FDEP for Ft. Pierce Beach. January 9, 2007: Board approved First Amendment to Project Agreement 06SL 1 with FDEP. RECOMMENDATION: Staff recommends Erosion District Board approval of 1) the Second Amendment to Project Agreement 06SL 1 with the Florida Department of Environmental Protection, contingent upon review and approval of the final agreement by the County Attorney, and 2) Budget Resolution No. 07-006, with execution of said documents by the Chairperson. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED n OTHER: Approved 5-0 ~ [x]County Attorney [,[O"I,,!I", D",t p,blle wo~'~ . J ,)] / Coordination/Sianatures [x]Mgt. & BUdget~ [x]Executive Assistant ~).,A-t\ [x]Erosion Distric~-- .. / [x]Finance Department (Gran~:) RESOLUTION NO. 07-006 WHEREAS, subsequent to the adoption of the S1. Lucie County Erosion District's Budget, certain funds not anticipated at the time of the budget have become available from the Florida Department of Environmental Protection for the Fort Pierce Shore Protection Project, Second Amendment to Grant Agreement in the amount of $906,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the S1. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of S1. Lucie County, Florida, in meeting assembled this 27th day of February 2007, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2006-2007, and the Erosion District's budget is hereby amended as follows: REVENUES 184209-3710-334391-3630 FI Dept of Environmental Prot $906,000 APPROPRIATIONS 184209-3710-546340-3630 Maintenance - Beach Renourishment $906,000 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairperson Commissioner Chris Craft, Vice Chairperson Commissioner Joseph E. Smith Commissioner Doug Coward Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 27th DAY OF FEBRUARY 2007. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY æ DRAFT AMENDMENT No: 2 DEP AGREEMENT No: 06SLl FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR FT. PIERCE SHORE PROTECTION PROJECT TillS AGREEMENT is entered into on the 20th day of June, 2006, and amended on the 9th day of January, 2007, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the ST. LUCIE COUNTY EROSION DISTRICT, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: . Paragraphs 2,5,6, 7 and 17 are hereby revised to read as follows: 2. This Agreement shall begin on the last date executed and end on December 31, 2008. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its subcontractor beginning on or after June 1, 2006, shall be eligible for cost sharing by the DEPARTMENT. 5. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the nourishment of the beach and dune system for 1.3 miles of Atlantic shoreline and construction of stabilizing structures, between DNR reference monuments R34- R41. The life of the PROJECT is defined as ten (10) years commencing upon the completion date of the construction task under this PROJECT. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. 6. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: Task # Elie:ible Pro_iect Tasks Estimated Proiect Costs Federal DEP Local Total 2.0 Desie:n and Permitting $0 $92,280 $92,280 $184,560 3.0 Construction $3,188,000 $906,000 $906,000 $5,000,000 TOTAL PROJECT COSTS $3,188,000 $998,280 $998,280 $5,184,560 TABLE 1 7. The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $998,280 for this PROJECT or up to 50 percent of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed that for portions of the PROJECT which are located within lands owned and managed by the DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the DEPARTMENT. DEP Agreement No. 06SLl, Amendment No. 2, Page 1 of2 / 17. The LOCAL SPONSOR's Project Manager for all matters is Richard Bouchard, Phone: 772/462-2362. The DEPARTMENT's Project Manager for all technical matters is Brian Taylor, Phone: 850/921-7737 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. · All references to Attachment A are hereby deleted and replaced with references to Attachment A-I. · Attachment A is hereby deleted in its entirety. · Attachment A-I as attached hereto is hereby added to the Agreement. · In accordance with Paragraph No. 23, a revised copy of Exhibit lA to Attachment F is herein provided to identify the additional funds included under this Agreement. · Exhibit lA to Attachment F is hereby deleted in its entirety and replaced with Exhibit IB, attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ST. LUCIE COUNTY EROSION DISTRICT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: . Title: *District Chair By: Secretary or designee Date: Date: FEID No.59-6000835 DEP Grant Program Administrator APPROVED as to form and legality: DEP Attorney *If someone other than the District Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of AttachmentsÆxhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) ~ DRAFT Attachment Attachment A-I F Project Work Plan (1 page) Exhibit IB (Page 5 of 5) DEP Agreement No. 06SLl, Amendment No. 2, Page 2 of2 ATTACHMENT A-I PROJECT WORK PLAN FT. PIERCE SHORE PROTECTION PROJECT The PROJECT consists of the nourishment of the beach and dune system for 1.3 miles of Atlantic shoreline and construction of stabilizing structures, between DNR reference monuments R34-R41. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http://www.dep.state.tl.us/beaches/. Three (3) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 2.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. 3.0 Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK ~DRAFT DEP Agreement No. 06SLl, Amendment No.2, Attachment A-I, Page 1 of 1 EXHIBIT IB FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources A warded to the Recipient Pursuant to this Ae:reement Consist of the Followine:: Federal Program CFDA Number Federal Agency Number CFDA Title Funding AmoUl State Resources Awarded to the Recipient Pursuant to this Ae:reement Consist of the Followine: Matchine: Resources for Federal Pro Federal Program Number Federal Agency CFDA CFDA Title Funding ArnOUl State Resources Awarded to the Recipient Pursuant to this A2reement Consist of the Followine: Resources Subject to Section 215.9; State CSF A Title Program State CSFA or Number Funding Source Fiscal Year Number Funding Source Description Funding AmoUl Original General Revenue Fund, 2005-2006 37.003 Beach Management Funding $72,667 Agreement GAA Line Item 1696 Assistance Program Amendment General Revenue Fund 2005-2006 37.003 Beach Management Funding $19,613 No.1' GAA Line Item, 1696 Assistance Program Amendment General Revenue Fund 2006-2007 37.003 Beach Management Funding $906,280 No.2 GAA Line Item, 1796 Assistance Program Total Award I $998,280 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.l73/cfdalcfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [http://state.fl.us/fsaalcatalog]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. in the Contract. ~ DRAFT DEP Agreement No. XXXXX, Attachment B, Page 1 of 1 Programs and Project Management Division Coastal and Navigation Branch Mr. Richard A. Bouchard, P.E. Public Works Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 ~DRAFT Dear Mr. Bouchard: By this letter, we request St. Lucie County Erosion District's share of funds for the 2006 renourishment of the 1.3-mile Ft. Pierce Beach, Florida, shore protection project (SPP). Advertisement of this nourishment contract is schedule to begin early January 2007 with an anticipated Bid Opening date mid-February 2007. Contract award is anticipated for March 1,2007. All dredging activities must be completed by May 30, 2007 in order to avoid impacting sea turtle nesting season. The enclosed table provides a description of the total estimated costs and cost sharing responsibilities for this upcoming renourishment activity. In the table you will note the Federal funds that will be attributed under the Flood Control and Coastal Emergency (FCCE). These funds will account for the loss of material resulting from impacts associated with the hurricane season of 2005 and will restore the project shoreline to its pre-storm condition. The cost to restore the project to its pre-storm condition will be 100 percent Federal responsibility. In addition, it is our intentions to restore the project to its full design dimensions at the same time. The cost to restore the project from pre-storm to full design dimensions will be cost shared in accordance with the existing Project Cooperation Agreement (PCA). At this time, the Jacksonville District requests that St. Lucie County Erosion District provide the required non-Federal funds in the amount of $1 ,812,000. Payment can be made one of two ways. By check made payable to the "Finance and Accounting Officer, Jacksonville District" and sent to the Department of the Army, Jacksonville District, Attn: CESAJ-DP-C (Mr. Jerry Scarborough or Mr. Rick McMillen), 701 San Marco Boulevard, Jacksonville, Florida 32207. Funds can also be provided through wire transfer, which is preferred. Please contact Ms. Katie Carter at 904-232-1038 for wire transfer information. Non-Federal funds need to be provided prior to contract Bid Opening. Please provide these funds at your earliest convenience. If you have any further questions or need any additional information, please contact the project manager, Mr. Rick McMillen, at 904-232-1231. Sincerely, ~DRAFT Richard E. Bonner, P.E. Deputy District Engineer for Project Management Enclosure McMillen/CESAJ-DP-C jm/3732 11/1/06 Scarborough/CESAJ-DP-C Bonner/CESAJ-DP file: L:\user\k3dpcim\winword\pierce\ftpltr11 01 06.doc ~DRAFT FT. PIERCE BEACH, FLORIDA SHORE PROTECTION PROJECT Estimate of Funds Required for Renourishment ITEM OF WORK ESTIMATED COST Total Estimated Cost (525,000 cubic yards) $5,000,000 COST SHARING RESPONSIBILITIES Federal (FCCE, 100%) Federal (47.4%) Non-Federal (52.6%) (163,400 cubic yards) $1,556,000 $1,632,000 $1,812,000 Non-Federal Share of Costs $1,812,000 ~ DRAFT __ -4Î AGENDA REQUEST ITEM NO. C-2B Date: February 27, 2007 TO: S1. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~ÁvJ.-, Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: First Amendment to Work Authorization No.8 with Taylor Engineering, Inc. for a time extension to the project schedule. BACKGROUND: On May 23, 2006 the Board approved W.A. No. 08 with Taylor Engineering to undertake the necessary tasks to complete the General Re-evaluation Report (GRR) as agreed upon by the U.S. Army Corps of Engineers (Corps). This action was taken by the Erosion District as result of the inaction of the Corps to complete the GRR after several unsuccessful commitments. To minimize confusion with the Corps higher authority, the GRR was further divided into a simplified GRR and a Limited Re-evaluation Report (LRR). A final draft of the LRR was recently completed and sent to the Corps for review and approval. Now that work on the LRR has been completed I efforts can now be re-focused on completing the GRR. This amendment provides for a time extension to Work Authorization #8 with Taylor Engineering, Inc. for work associated with the GRR. FUNDS: N/A. PREVIOUS ACTION: May 23,2006: Board Approved Work Authorization NO.8 with Taylor Engineering,' Inc. RECOMMENDATION: Staff recommends Erosion District Board approval of the First Amendment to Work Authorization #08 (C-04-11-622) with Taylor Engineering,lnc, and signature of said agreement by the Chairperson. ' COMMISSION ACTION: CONCURRENCE: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x]County Attorney 1,]0""0.1"" Dept. P,.'" wo""~ · ~J1/ Coordlnation/Sianatures [ ]Mgt. & Budget [x]Erosion District~ ,~ [x]Executive Assistant ~\\\"\ [x]Finance Department (Grants) C-04-11-622 (WA #08, Amend #1) """ ~ FIRST AMENDMENT TO WORK AUTHORIZATION NO. 08 Professional Services Related to the Fort Pierce Shore Protection Project Revise and Update the GRR Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Taylor Engineering, Inc. (the uConsultant") dated November 23, 2004 and extended on December 12, 2006 (the uAgreement") and Work Authorization No.8 approved on May 23, 2006, is hereby amended to extend the project work schedule completion time as attached and made a part hereof as Exhibit "C." The Consultant also agrees to abide by the conditions and requirements of FDEP Project Agreement No. 04SL 1. All other terms and conditions of Work Authorization No. 08 (C-04-11-622) and the previous amendment shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization No. 08 (C-04-11-622) to be executed and delivered on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TAYLOR ENGINEERING, INC. BY: WITNESSES: Print Name: Title: Date: H:lMSWORD/MISCfTAYLOR.A 1 WA08.2007 ---T~r ~J ~I 00 --j o e:1 o CUi N""")! Vi Q)I 0' >1 ~I tJ 01 , , ~1 ~ ¡ "31 -'i \._-1 Ie: I~i r;j ~ 1"'1 1'- I I I J:: '" 'ë: u: o I- m :¡: >< w -1 ,..... I~ 't: Îe: J!! 10 m !~ 1 i -_m-1 ¡'" 1-0 !Q) IQ) ¡z i-c !e: '''' I", I.§ I~ i§ lü ,- Ie: iê ':J 'ü 10 1- 'e: 10> '¡;; 'Q) \0 i"iij ¡~ ':J itJ 12 100 l!š 10 iB ~ !aï " Iii: ¢: ''t: ~ Q) 10 0 ~ 111.. a. z 1$ 0 ~!~ 1 :«:;3- c3 I- J____-i____.__ o I'" iN i '..... ~~ ;~ .e: o .~ i I I i ¡ i I I I I ì ! 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