Loading...
HomeMy WebLinkAboutAgenda Packet 07-14-2009 ~ ~ itiiiB~uiFiUi~iiiiili~ii#iiiiitil~iiifiiitiii~iiiiiitlliiiiiiii~~tiii3liiiililiiitiii[ii(li~i[~itllttitti~ililiiiiiiitb~littillltii[Uiililiit~iitiii~luu~ ii~~~l~~~uili~iiiiiit~it~ii~~ti~ July 14, 2009 9:00 A.M. REVISED 07/43/09 BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or 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 ri~ior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION -Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS -These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT -Time is allotted at the beginning of each meeting for 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 Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the 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. July 14, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org iiitfill{iitiftiliiti{~[i[itiif~ii~~~iiitif~ttl[fiititittitii~i~l#tiNi~fiiiil3iifiiiillliiil~iiliili~litiitliiti~litiiiffiUi[itiElitiii~ii~~~ihuliitiEiiilitii~u~~~ii~iiu~~~~~ittiiiiiiii~~~iiii[ii 'I Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Chris Craft District No. 5 iiti€iiiiiiiiffifti~~i[iittlii~iiiii~ilCi~ifltii{iiitiitlilliitiiiiililliiiii~tiiiitiiiiti~lNiiiit{tliili~iii~iililiitlititiiiHi~fti~l{liililtiti~it~uiluiWi~~iif~uiu?uii~~u.wiuiiiiiuu~lu~d I. INVOCATION II. PLEDGE OF ALLEGIANCE IIL I MINUTES p r~U Approve the minutes from the July 7, 2009 meeting. I IV. PROCLAMATIONSIPRESENTATIONS A. Resolution No. 09-187 proclaiming August 9, 2009, as "Smokey Bear Day" in St. Lucie County, Py~~ r~e~ Florida. t"~ Consider staff recommendation to adopt the attached Resolution No. 09-187 as drafted. B. Presentation by Richard Bouchard of the CBRA System Digital Mapping Project C. Presentation on Senate Bill 360 by Mark Satterlee, Growth Management Director V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA / ,3 ~ ~~~5 A. WARRANTS CUYlS~{ 1 Approve warrant list No. 41 B. COUNTY ATTORNEY 1. Revocable License Agreement -MasTec North America, Inc. -Totten Road Consider staff recommendation to approve the Revocable License Agreement with MasTec North America, Inc., authorize the Chair to execute the Agreement and direct MasTec North America, Inc. to record the Agreement in the Public Records of St. Lucie County, Florida. 2. Authorization to enter into an Impact Fee Payment Agreement with Clarence and Pauline Gauck for delinquent Impact Fees pursuant to Resolution No. 09-114. Consider staff recommendation to approve the attached Impact Fee Payment Agreement with Clarence and Pauline Gauck and sign the Agreement as drafted by the County Attorney's Office. B. COUNTY ATTORNEY CONTINUED 3. Certificate of Participation for the Byrne Memorial Justice Assistance Grant (JAG) Program for FY2009/2010 from the Florida Department of Law Enforcement in the amount of $214,095.00. Consider staff recommendation to approve the County's participation as the coordinating unit of government in the FDLE Edward Byme Memorial Justice Assistance Grant (JAG) Program. Furthermore, staff recommends that if the grant funds are awarded, then the County would receive and distribute funds equally to each law enforcement agency (F.P.P.D., P.S.L.D., and S.L. S.O.) 4. Permission to Advertise -Resolution No. 09-154 and Exchange Agreement with the City of Fort Pierce for Jetty Park/Lawnwood Park Parcels Consider staff recommendation grant permission to advertise a notice of public hearing on August 1''„ 2009 for the proposed exchange as required by Section 125.37, Florida Statutes. C. PARKS AND RECREATION 1. MLK Dreamland Park improvements Consider staff recommendation to approve to reallocate $315,878.60 for site improvements and construction of a new restroom at MLK Dreamland Park as outlined in the agenda memorandum. 2. Summerlin Boat Dock Consider staff recommendation to approve contract in the amount of $33,480 with Wilco Construction, Inc. of Fort Pierce for installation of floating docks at the Summerlin Boat Dock as outlined on the agenda memorandum, and authorization for Chair to sign documents as approved by the County Attorney. 3. South County Regional Stadium Contract Amendment Consider staff recommendation to approve First Amendment to Contract #C08-12-608 with Ocean Gate General Contractors, Inc. reducing contract by $262,645.40 to allow County to direct purchase bleachers and press box for South County Regional Stadium as outlined in the agenda memorandum, and authorization for Chair to sign documents as approved by the County Attorney. 4. St. Lucie County Fairgrounds drainage improvements Consider staff recommendation to approve the contract with Florida Golf Services of Fort Pierce in the amount of $43,869 for drainage improvements to the 52-acre FEMA trailer site at the St. Lucie County Fairgrounds as outlined on the agenda memorandum, and authorization for Chair to sign documents as approved by the County Attorney. D. COMMUNITY SERVICES 1. Construction Contractor Pre-Qualification Award for participation in the Neighborhood Stabilization Program Consider staff recommendation to approve the award of RFQ 09-037 to the top three ranked firms, and authorization for the Chair to sign the contracts as approved by the County Attorney. D. COMMUNITY SERVICES CONTINUED 2. Small Cities Community Development Block Grant (CDBG) Grant Administration Bid Award Consider staff recommendation to approve to award RFP 09-039 to the top ranked firm, Meridian Community Services Group, Inc., and authorization for the Chair to sign the contract as approved by the County Attomey. 3. Community Development Block Grant Disaster Recovery Initiative {CDBG DRI) Supplemental Grant Agreement Modification Consider staff recommendation to approve of Modification Number Three to St. Lucie County CDBG DRI Supplemental Grant Agreement 08-DB-D3-10-66-01-A05, and authorization for the Chair to sign the modification as approved by the County Attorney. 4. Quarterly Allocation of Funds from the State Housing Initiative Partnership (SHIP) State FY09 Consider staff recommendation to approve Budget Resolution 09-185 to budget funds from the SHIP FY09 fourth quarter allocation, and authorization for the Chair to sign the resolution as approved by the County Attomey. 5. Amendment to State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (CHAP) Consider staff recommendation to approve to adopt Resolution Number 09-201 amending the St. Lucie County SHIP CHAP, and authorization for the Chair to sign the resolution as approved by the County Attomey. 6. Budgeting and Allocation of the Florida Homebuyer Opportunity Program Funds through State Housing Initiative Partnership (SHIP) State FY10 Consider staff recommendation to approve Budget Resolution 09-186 to budget funds from the SHIP FY10 allocation, and authorization for the Chair to sign the resolution as approved by the County Attomey. 7. Distribution of Hurricane Housing Recovery Program (HHRP) Funds Consider staff recommendation to approve Budget Resolution 09-200, and authorization for the Chair to sign the resolution as approved by the County Attomey. 8. Grant Amendment with Mustard Seed Ministries of Fort Pierce, Inc. Consider staff recommendation to approve acceptance of the Second Amendment to Grant Agreement C09-09-080 between St. Lucie County and Mustard Seed Ministries of Fort Pierce, Inc. and authorization for the Chair to sign the agreement as approved by the County Attomey. 9. Cancellation of Bid Award for Homebuyer Education and Housing Counseling Services Consider staff recommendation to approve to cancel the award of RFP 09-027 to the Building Affordable Communities and Housing Foundation (BACH Foundation), and award to the second ranked firm, Consumer Credit Management Services (CCMS), and authorization for the Chair to sign the necessary documents as approved by the County Attomey. D. COMMUNITY SERVICES CONTINUED 10. First Amendment to Grant Agreements with Sunrise City Community Housing Development Organization Consider staff recommendation to approve the First Amendment to the Grant Agreements with Sunrise City Community Housing Development Organization, and authorization for the Chair to sign the amendments as approved by the County Attomey. 11. Environmental Protection Agency (EPA) Climate Showcase Communities Grant Application Submittal Consider staff recommendation to approve to submit an application for the EPA Climate Showcase Communities grant, and authorization for the Chair to sign documents as approved by the County Attomey. 12. Acceptance of the Community Services Block Grant (CSBG) American Recovery and Reinvestment Act (ARRA) Agreement Consider staff recommendation to approve the agreement with the Florida Department of Community Affairs for the acceptance of the CSBG/ARRA funds in the amount of $468,735; approval of Budget Resolution 09-203; and authorization for the Chair to sign documents pending approval by the County Attomey. E. MANAGEMENT AND BUDGET 1. Purchasing Division -Amendment to the contract for non-clerical temporary personnel services Consider staff recommendation to approve the first amendment to contract C06-03-217 with Manpower Staffing amending the payment paragraph and extending the contract through September 30, 2010 and authorize the Chair to sign documents as approved by the County Attomey. 2. Purchasing Division - Amendment to the contract for snack vending machine services Consider staff recommendation to approve the first amendment to contract C06-09-541 with DiLoreto & Sons, Inc. allowing the assignment of contract to Vending Americas, Inc., extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. 3. Purchasing Division -Request for Qualifications (RFQ) No. 09-045, Financial Advisor for the St. Lucie County Board of County Commissioners Consider staff recommendation to approve the short-listed firm for Financial Advisor for the St. Lucie County Board of County Commissioners and permission to: 1. Waive oral presentations for RFQ No. 09-045; 2. Award RFQ No. 09-045to the top ranked firm; 3. Conduct contract negotiations with the top ranked firm; 4. If negotiations are successful, authorization for the Chair to sign the documents as prepared by the County Attorney. F GRANTS/CULTURAL AFFAIRS 1. Amendment to the Art in Public Places Annual P#an Consider staff recommendation to approve of the Art in Public Places Annual Plan Amendmen# 2. Art in Public Places Budget Amendment and Equipment Requests Consider staff recommendation to approve Budget Amendment BA 09-029 and Equipment Requests EQ 09-36, EQ 09-37 and EQ 09-38 3. Local match for a Florida Inland Navigation District grant for Little Mud Creek Boat ramp project. Consider staff recommendation to approve to use $47,500 of local FBIP Reserve as match for a FIND grant for the Little Mud Creek Park boat ramp project. G. PUBLIC WORKS 1. Verada Ditch Improvements - Lucero Drive Culvert Replacement Consider staff recommendation to approve Change Order No. 1 in the amount of $19,000.00. 2. Verada Ditch Improvements South of Calmoso Drive Consider staff recommendation to approve Change Order No. 2 in the amount of $15,100.00. H. PUBLIC SAFETY 1. Resolution No. 09-199 County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA) Federal match portion. Consider staff recommendation to approve Budget Resolution No. 09-199 accepting the additional $70,009.00 and authorize the chair to sign documents as approved by the County Attomey. 2. Purchase of Network Attached Storage (NAS) Server for the 911 Center Consider staff recommendation to approve the purchase of Network Attached Storage (NAS) Server for the 911 Center in the amount of $12,578.00 and approve Equipment Request No. 09-039. I. AIRPORT 1. Budget Resolution No. 09-202, Terminal Renovations Consider staff recommendation to approve Budget Resolution No. 09-202 establishing the fund for the design of the terminal renovations project totaling $100,000 with a 50% FDOT grant ($50,000) and the 50% local share ($50,000) and authorization for the Chair to sign the document as approved by the County Attomey. I. AIRPORT CONTINUED 2. Approval of Roof Replacement Contract for Phoenix Metal Products Consider staff recommendation to approve authorization to enter into contract with R.K. Davis Construction in the amount of $36,698.00 and authorization for the Chair to sign the document as approved by the County Attorney. 3. LPA Work Authorization No. 22, Terminal Renovation Design Consider staff recommendation to approve of LPA Group Work Authorization No. 22 to design the terminal renovations and airport office addition for a lump sum amount of $78,288 and authorization for the Chair to sign the document as approved by the County Attomey. J. SOLID WASTE Award Bid #09-048 -Transportation and disposal of Landfill leachate Consider staff recommendation to approve of bid award to low bidder, Aqua Clean Environmental Co., Inc., and authorization for the Chair to sign contract documents as approved by the County Attomey. K LIBRARY St. Lucie West Library annua(payment Consider staff recommendation to approve an annual payment of $150,197 for Contracted Services to Indian River State College for Library services at St. Lucie West Library for 2008109. L. UTILITIES St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2007/2008. Consider staff recommendation to approve Resolution No. 09-152 ratifying and accepting the Fiscal Year 2007/2008 St. Lucie County Water and Sewer District Annual Comprehensive Report. M. ADMINISTRATION Economic Development Council Third Quarter Invoice Consider staff recommendation to approve to accept the Third Quarter Report from EDC as fulfilling the requirements of the Contract and authorize for disbursing payment in the amount of $62,500 towards the matching grant. END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for July 14, 2009. REGULAR AGENDA VIII. COUNTY ATTORNEY Contracts for Sale and Purchase -Midway Road Improvement Project - Ravinia Investments, LLC- Portion e of Parcel 3403-502-0200-000/9 ~ Consider staff recommendation to a rove the Contract for Sale and Purchase from R O ~ pp awnla Investments, J LLC, authorize the Chair to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. IX. MANAGEMENT AND BUDGET C'~u+~f--N d Za~`~s ~ - y~S ~U is ~'rwu~ol -IVY L ew ~_s t y~ S ' An Administrative Hearing for Felix Associates -Bid No. 09-032 Walton Road Project US-1 to Village Green ~ ~ Drive City Center Improvements Consider staff recommendation to approve to deny the protest of Felix Associates for Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements. X. MANAGEMENT AND BUDGET ll e Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements Consider staff recommendation to a rove to re'ect all bids and a royal to re-advertise in a pp ~ pp ccordance with the Local Preference Ordinance No. 09-005. XI. ANNOUNCEMENTS 1. The Board of County Commissioners will hold a Special BOCC Meeting on Friday, July 17, 2009 at 1:30 p.m. or as soon thereafter to set the 2009-2010 proposed millage. 2. The Board of County Commissioners summer recess will begin the week of July 20th and run thru July 31St. The July 21St BOCC meeting, July 28th BOCC meeting and the July 28"' Informal monthly meeting are canceled. 3. The August 4, 2009 Regular Board of County Commissioners Meeting is canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. _ ~ ~n a hr~a ~ l~ u 5 ~ ~ n ~ Gr ~J ~ ~ c.z C fa ~-C Ch OGr~ G{2 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 Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty~ight (48) hours prior to the meeting. I I MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org iiiitf~iiiliiiliiil~~i~tUl~ii3iiilfliliaifi~~itiiliiiliilllitti[iitliiFllil3tiliitiili?1[tti[~ifiiitilttliillitiftitfiliIIiltiialtlJili~tiitiliiliilitifi~tiiiii~i~iiii~ilr;ii~titiituiiliai~iuiizi~Gtitxu Chris Dzadovsky, Chairman District No.1 Chris Craft, Vice Chairman District No. 5 Doug Coward District No. 2 Charles Grande District No. 4 Paula A. Lewis District No. 3 ttii[iiiiultttiiiiiiiiiiiti#iiiiiiitii~[lii~iifii~iiiiit(itiltiifitttUt(ii(liilittii[iitiiliiitiiilililtliliiiliiilitiitiitiiiiiiii[illtil&[i[iiif~illiiliii7tiitiitli~iiiiiiili#~fiiiilliiiii~iii I. MINUTES ~~r~^/~ Approve the minutes from the June 23, 2009 meeting. ~Q1 '117. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS ~ Approve warrant list No. 39, 40 and 41 p ~~~a B. MANAGEMENT AND BUDGET 1. Purchasing Division - Amendment to the contracts for benthic studies for Little Mud Creek Consider staff recommendation to approve the first amendment to contracts C06-09-653 II with The Louis Berger Group, Inc. and C06-09-811 with Smithsonian Institution extending the term through September 11, 2010, and authorize the Chair to sign the documents as approved by the County Attomey. 2. Purchasing Division -Amendment to the contract for purchasing replacement monitors ~ and controllers for ultra low volume spray units Consider staff recommendation to approve the first amendment to contract C07-09-662 with ADAPCO, Inc. extending the term through September 24, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. 3. Purchasing Division - Amendment to the contract for aerial larviciding services Consider staff recommendation to approve the second amendment to contract C07-07- 463 with Southeastern Aerial Crop Services, Inc. extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. C. MOSQUITO CONTROL Blind Creek Park Energy Optimization Project Consider staff recommendation to approve to authorize the Chair to execute a contract with Green Energy Innovations, as approved by the County Attomey, for the purchase of seven (7) Energy Optimizers, to be used at Blind Creek Park. 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~xamine 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. EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org iiif[iiiiiiitliiiiiitif[ttiii3iltiittiiilif~itil{I(iiitittil~lifltitlitilifiiiti~tiit1U1i11iLiiiliiii~ittliil~iilitl~iiii~itiliiiillliill~tiitilltitiitti~i~i~uitl~iilili~t~~(iii3tiiiiiCtlii~~Fi~liltu Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Iliiiiliitttliitiiiiillililitt~iili{iiiiiiiUliitiliitiiiiitiiiiiitli111iifiiltiliiii[F(ii1i11i1t~Uii[illitiliiitiilititiifiliUttiillttilitttliliiiil3i~lliitiilililtitllittiiiitiitiiftiiiittlfii[t[ii~ii~ I. MINUTES Pr,~~~ Approve meeting minutes from the June 23, 2009 meeting. 1 II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA ~~,I A. WARRANTS F' rj~~ Approve warrant list No. 39, 40 and 41. J B. PUBLIC WORKS Artificial reef consultant contract assignment Consider staff recommendation to approve the assignment of contract C05-11-619 from Lee E. Hams, P.E., Ph D. to SeaRover Services. I~ 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 L 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~ight (48) hours prior to the meeting. - ~ _ • s r Nlil~3irRiliiiiiiiiiliiriiitlfiiiititiiiiilUfiitiiii(t[ttit~iitlitflilitti[IiiBi?~iiitfilt~ii~tF1~C(tttiti8tiiitli~{itilliSilE[tfiiiltii(~[i~ttfi~ii~ii~iitt[Itiiillitii[iit{ii~iil[iii~ilfit1111Ltitiitiii July 14, 2009 9:00 A.M. REVISED 07l13r'!?9 BOARD OF COUNTY C©MMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as I, possible, or 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 ~ to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION -Please state your name and address, speaking clearly into the microphone. If you I',, have backup material, please have eight copies for distribution. NON-AGENDA ITEMS -These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT -Time is allotted at the beginning of each meeting for 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 Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the 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. July 14, 2009 ' 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl. us www.stlucieco.org ti~tlitiliiiilltii~iiiiiiftiiiiiiiiiiEittiiiriitlitiiii[tlilt~iiitllitiliitttiilrtlilitlIIlliiiitiiittitltiiltiiititiitiifiiiiiti[itliliiitNiilitiitiitiitililiiiltiTiiliiiiiiiiiiii~iiiiiE[i{iEiiiiEiiaii Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Chris Craft District No. 5 ftiitiitttilitiiiiitiiitiiiitiiiifiitittiiii[iiitiiiiititi(iiliiiiiititiitliitiiiitt{iliiltiitittiiiiitiitiiiiiiilitiiitiiiiiiHtlltii[itiliiiiiF~iiitiitiiliiitiiBiititiitiiiiiliEiiitiiEiiitEii[iiiiiiiiiii I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the July 7, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-187 proclaiming August 9, 2009, as "Smokey Bear Day" in St. Lucie County, Florida. Consider staff recommendation to adopt the attached Resolution No. 09-187 as drafted. B. Presentation by Richard Bouchard of the CBRA System Digital Mapping Project - C. Presentation on Senate Sill 360 by Mark. Sa#teriee, Growtfi Management Director V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 41 B. COUNTY ATTORNEY 1. Revocable License Agreement -MasTec North America, Inc. -Totten Road Consider staff recommendation to approve the Revocable License Agreement with MasTec North America, Inc., authorize the Chair to execute the Agreement and direct MasTec North America, Inc. to record the Agreement in the Public Records of St. Lucie County, Florida. 2. Authorization to enter into an Impact Fee Payment Agreement with Clarence and Pauline Gauck for delinquent Impact Fees pursuant to Resolution No. 09-114. Consider staff recommendation to approve the attached Impact Fee Payment Agreement with Clarence and Pauline Gauck and sign the Agreement as drafted by the County Attorney's Office. B. COUNTY ATTORNEY CONTINUED 3. Certificate of Participation for the Byrne Memorial Justice Assistance Grant (JAG) Program for FY2009/2010 from the Florida Department of Law Enforcement in the amount of $214,095.00. Consider staff recommendation to approve the County's participation as the coordinating unit of government in the FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Furthermore, staff recommends that if the grant funds are awarded, then the County would receive and distribute funds equally to each law enforcement agency (F.P.P.D., P.S.L.D., and S.L. S.O.) 4. Permission to Advertise -Resolution No. 09-154 and Exchange Agreement with the City of Fort Pierce for Jetty Park/Lawnwood Park Parcels Consider staff recommendation grant permission to advertise a notice of public hearing on August 11;, 2009 for the proposed exchange as required by Section 125.37, Florida Statutes. C. PARKS AND RECREATION 1. MLK Dreamland Park improvements Consider staff recommendation to approve to reallocate $315,878.60 for site improvements and construction of a new restroom at MLK Dreamland Park as outlined in the agenda memorandum. 2. Summerlin Boat Dock Consider staff recommendation to approve contract in the amount of $33,480 with Wilco Construction, Inc. of Fort Pierce for installation of floating docks at the Summerlin Boat L, Dock as outlined on the agenda memorandum, and authorization for Chair to sign documents as approved by the County Attomey. 3. South County Regional Stadium Contract Amendment Consider staff recommendation to approve First Amendment to Contract #C08-12-608 with Ocean Gate General Contractors, Inc. reducing contract by $262,645.40 to allow County to direct purchase bleachers and press box for South County Regional Stadium as outlined in the agenda memorandum, and authorization for Chair to sign documents as approved by the County Attomey. 4. St. Lucie County Fairgrounds drainage improvements Consider staff recommendation to approve the contract with Florida Golf Services of Fort Pierce in the amount of $43,869 for drainage improvements to the 52-acre FEMA trailer site at the St. Lucie County Fairgrounds as outlined on the agenda memorandum, and j authorization for Chair to sign documents as approved by the County Attomey. D. COMMUNITY SERVICES 1. Construction Contractor Pre-Qualification Award for participation in the Neighborhood Stabilization Program Consider staff recommendation to approve the award of RFQ 09-037 to the top three ranked firms, and authorization for the Chair to sign the contracts as approved by the County Attomey. D. COMMUNITY SERVICES CONTINUED 2. Small Cities Community Development Block Grant (CDBG) Grant Administration Bid Award Consider staff recommendation to approve to award RFP 09-039 to the top ranked firm, Meridian Community Services Group, Inc., and authorization for the Chair to sign the contract as approved by the County Attomey. 3. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Agreement Modification Consider staff recommendation to approve of Modification Number Three to St. Lucie County CDBG DRI Supplemental Grant Agreement 08-DB-D3-10-66-01-A05, and authorization for the Chair to sign the modification as approved by the County Attomey. 4. Quarterly Allocation of Funds from the State Housing Initiative Partnership (SHIP) State FY09 Consider staff recommendation to approve Budget Resolution 09-185 to budget funds from the SHIP FY09 fourth quarter allocation, and authorization for the Chair to sign the resolution as approved by the County Attomey. 5. Amendment to State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (CHAP) Consider staff recommendation to approve to adopt Resolution Number 09-201 amending the St. Lucie County SHIP CHAP, and authorization for the Chair to sign the resolution as approved by the County Attomey. 6. Budgeting and Allocation of the Florida Homebuyer Opportunity Program Funds through State Housing Initiative Partnership (SHIP) State FY10 Consider staff recommendation to approve Budget Resolution 09-186 to budget funds from the SHIP FY10 allocation, and authorization for the Chair to sign the resolution as approved by the County Attomey. 7. Distribution of Hurricane Housing Recovery Program (HHRP) Funds Consider staff recommendation to approve Budget Resolution 09-200, and authorization for the Chair to sign the resolution as approved by the County Attomey. 8. Grant Amendment with Mustard Seed Ministries of Fort Pierce, Inc. Consider staff recommendation to approve acceptance of the Second Amendment to Grant Agreement C09-09-080 between St. Lucie County and Mustard Seed Ministries of Fort Pierce, Inc. and authorization for the Chair to sign the agreement as approved by the County Attomey. 9. Cancellation of Bid Award for Homebuyer Education and Housing Counseling Services Consider staff recommendation to approve to cancel the award of RFP 09-027 to the Building Affordable Communities and Housing Foundation (BACH Foundation), and award to the second ranked firm, Consumer Credit Management Services (CCMS), and authorization for the Chair to sign the necessary documents as approved by the County Attomey. D. COMMUNITY SERVICES CONTINUED 10. First Amendment to Grant Agreements with Sunrise City Community Housing Development Organization ' Consider staff recommendation to approve the First Amendment to the Grant Agreements with Sunrise City Community Housing Development Organization, and authorization for the Chair to sign the amendments as approved by the County Attorney. 11. Environmental Protection Agency (EPA) Climate Showcase Communities Grant Application Submittal ' Consider staff recommendation to approve to submit an application for the EPA Climate Showcase Communities grant, and authorization for the Chair to sign documents as approved by the County Attorney. 12. Acceptance of the Community Services Block Grant (CSBG) American Recovery and Reinvestment Act (ARRA) Agreement Consider staff recommendation to approve the agreement with the Florida Department of Community Affairs for the acceptance of the CSBG/ARRA funds in the amount of $468,735; approval of Budget Resolution 09-203; and authorization for the Chair to sign documents pending approval by the County Attorney. E. MANAGEMENT AND BUDGET 1. Purchasing Division -Amendment to the contract for non~lerical temporary personnel services Consider staff recommendation to approve the first amendment to contract C06-03-217 with Manpower Staffing amending the payment paragraph and extending the contract through September 30, 2010 and authorize the Chair to sign documents as approved by the County Attorney. 2. Purchasing Division - Amendment to the contract for snack vending machine services Consider staff recommendation to approve the first amendment to contract C06-09-541 with DiLoreto & Sons, Inc. allowing the assignment of contract to Vending Americas, Inc., extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. 3. Purchasing Division -Request for Qualifications (RFQ) No. 09-045, Financial Advisor for the St. Lucie County Board of County Commissioners Consider staff recommendation to approve the short-listed firm for Financial Advisor for the St. Lucie County Board of County Commissioners and permission to: 1. Waive oral presentations for RFQ No. 09-045; 2. Award RFQ No. 09-045to the top ranked firm; 3. Conduct contract negotiations with the top ranked firm; 4. If negotiations are successful, authorization for the Chair to sign the documents as prepared by the County Attorney. ' F, GRANTS/CULTURAL AI=FAIRS ' 1. Arriendmentto the Art iri Public Places Annual Plan Consider ,staff recommendation to _ approve of the; Art _in Public Places-Annual Plan Amendment 2. Art in Public Places Budget Amendment and Equipment Requests Consider staff recommendation to approve Budget Amendment BA 09-029 and Equipment Requests EQ 09-36, EQ 09-37 and EQ 09-38 3. Local match for a Florida Inland Navigation District grant for Little Mud Creek Boat ramp project. Consider staff recommendation to approve to use $47,500 of local FBIP Reserve as match for a FIND grant for the Little Mud Creek Park boat ramp project. G. PUBLIC WORKS 1. Verada Ditch Improvements - Lucero Drive Culvert Replacement Consider staff recommendation to approve Change Order No. 1 in the amount of $19,000.00. 2. Verada Ditch Improvements South of Calmoso Drive Consider staff recommendation to approve Change Order No. 2 in the amount of $15,100.00. H. PUBLIC SAFETY 1. Resolution No. 09-199 County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA) Federal match portion. Consider staff recommendation to approve Budget Resolution No. 09-199 accepting the additional $70,009.00 and authorize the chair to sign documents as approved by the County Attomey. 2. Purchase of Network Attached Storage (NAS) Server for the 911 Center Consider staff recommendation to approve the purchase of Network Attached Storage (NAS) Server for the 911 Center in the amount of $12,578.00 and approve Equipment Request No. 09-039. I. AIRPORT 1. Budget Resolution No. 09-202, Terminal Renovations Consider staff recommendation to approve Budget Resolution No. 09-202 establishing the fund for the design of the terminal renovations project totaling $100,000 with a 50% FDOT grant ($50,000) and the 50% local share ($50,000) and authorization for the Chair to sign the document as approved by the County Attomey. I. AIRPORT CONTINUED 2. Approval of Roof Replacement Contract for Phoenix Metal Products Consider staff recommendation to approve authorization to enter into contract with R.K. Davis Construction in the amount of $36,698.00 and authorization for the Chair to sign the document as approved by the County Attorney. 3. LPA Work Authorization No. 22, Terminal Renovation Design Consider staff recommendation to approve of LPA Group Work Authorization No. 22 to design the terminal renovations and airport office addition for a lump sum amount of $78,288 and authorization for the Chair to sign the document as approved by the County Attomey. J. SOLID WASTE Award Bid #09-048 -Transportation and disposal of Landfill leachate Consider staff recommendation to approve of bid award to low bidder, Aqua Clean Environmental Co., Inc., and authorization for the Chair to sign contract documents as approved by the County Attomey. K LIBRARY St. Lucie West Library annual payment Consider staff recommendation to approve an annual .payment of $150,197 for Contracted Services to Indian River State College for library services at St Lucie West Library for 2008/fl9. L. UTILITIES St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 200712008. Consider staff recommendation to approve Resolution No. 09-152 ratifying and accepting the Fiscal Year 2007/2008 St. Lucie County Water and Sewer District Annual Comprehensive Report. M. ADMINISTRATION Economic Development Council Third Quarter Invoice Consider staff recommendation to approve to accept the Third Quarter Report from EDC as L fulfilling the requirements of the Contract and authorize for disbursing payment in the amount of $62,500 towards the matching grant. END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for July 14, 2009. I REGULAR AGENDA VIII. COUNTY ATTORNEY Contracts for Sale and Purchase -Midway Road Improvement Project -Ravinia Investments, LLC- Portion of Parcel 3403-502-0200-000/9 Consider staff recommendation to approve the Contract for Sale and Purchase from Ravinia Investments, LLC, authorize the Chair to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. IX. MANAGEMENT AND BUDGET An Administrative Hearing for Felix Associates -Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements Consider staff recommendation to approve to deny the protest of Felix Associates for Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements. X. MANAGEMENT AND BUDGET Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements Consider staff recommendation to approve to reject all bids and approval to re-advertise in accordance with the Local Preference Ordinance No. 09-005. XI. ANNOUNCEMENTS 1. The Board of County Commissioners will hold a Special BOCC Meeting on Friday, July 17, 2009 at 1:30 p.m. or as soon thereafter to set the 2009-2010 proposed millage. 2. The Board of County Commissioners summer recess will begin the week of July 20"' and run thru July 31St. The July 21St BOCC meeting, July 28t" BOCC meeting and the July 28"' Informal monthly meeting are canceled. 3. The August 4, 2009 Regular Board of County Commissioners Meeting is canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. 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~xamine any individual testifying during a hearing upon request. Anyone with a disability requiring acx;ommodation 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. MOSQUITO CONTROL DISTRICT www. co. st-I u ci e. fl. u s www.stlucieco.org tiitiiiittiiiiiiiiitiii[[litlt[ittittil[tttlitiitlllttltiittitiiititiittit[litlliiiitlMititNtifiAitZNlttitfttittllCttltititiiitiifilititititiltiiii8tilitiiiiittliiliiiiisititiittiitiiiifitiiii?tiiiiitti Chris Dzadovsky, Chairman District No.1 Chris Craft, Vice Chairman District No. 5 Doug Coward District No. 2 Charles Grande District No. 4 Paula A. Lewis District No. 3 NliiiltiNitiittiiitiititllilliititiiiliUIIiiitiitiiti#tli~ittiiHitlitiiiiiiiiitiiitiiiIItiiliiBttiitlitl1tiiitiiitiiiiitltlitlliititlitlitlii[iitii~iitiiiiiifttiiiiilii7iiitiiliifitiiitiiitii3iitiiiiii I. MINUTES Approve the minutes from the June 23, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 39, 40 and 41 B, MANAGEMENT AND BUDGET 1. Purchasing Division - Amendment to the contracts for benthic studies for Little Mud Creek Consider staff recommendation to approve the first amendment to contracts C06-09-653 with The Louis Berger Group, Inc. and C06-09-811 with Smithsonian Institution extending the term through September 11, 2010, and authorize the Chair to sign the documents as approved by the County Attomey. 2. Purchasing Division -Amendment to the contract for purchasing replacement monitors and controllers for ultra low volume spray units Consider staff recommendation to approve the first amendment to contract CO7-09-662 with ADAPCO, Inc. extending the term through September 24, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. 3. Purchasing Division - Amendment to the contract for aerial larviciding services Consider staff recommendation to approve the second amendment to contract C07-07- 463 with Southeastern Aerial Crop Services, Inc. extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. C. MOSQUITO CONTROL Blind Creek Park Energy Optimization Project Consider staff recommendation to approve to authorize the Chair to execute a contract with Green Energy Innovations, as approved by the County Attomey, for the purchase of seven (7) Energy Optimizers, to be used at Blind Creek Park. 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 Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty~ight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl. us www.stlucieco.org [t3tii3tEi1tNl3illiftitiilltlit[I1~il~tiittiltiii{ittifiiiiitlifiliti~ti~11~~~iiiiiitiiliilttL(tJ~tii[fitittiltilitiiti{[iitliititi{i[fitlttltUf[ttiiiftlitiiEilii{iti~iEiltltiEiitttitiiitifi#iiiattt~iitili Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 itli[lt~Niti3tii[tittii~![iiill~ttiilii{ititiiliiiittiiiltliiiliEiltiitl~ttiil~ltlittitf![ililiitiillttit[iltiittl{i(iftiRit[3ilitiiltlitfitliiiit(Itiiliiiiilitti~l#iliili~Cittitttif~i>itiititiiliti~[liiti I. MINUTES Approve meeting minutes from the June 23, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 39, 40 and 41. B. PUBLIC WORKS Artificial reef consultant contract assignment Consider staff recommendation to approve the assignment of contract C05-11-619 from Lee E. Hams, P.E., Ph D. to SeaRover Services. 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~xamine any individual testifying during a hearing upon request. Anyone with a disability requiring acx:ommodation 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~ight (48) hours prior to the meeting. - G(l~Cl e~~~a~~ ~L ~ ~ ~~~I y 07/13/2009 11:07 7724673114 TCERDA PAGE 01/01 RECEIVED 07/13!2809 11:01 7724673114 TCERDA • gu~+?R ~ ~ ra • Y ~ ~ ~ ~ Corrda i s'~ OFFICE OF THE CITY iNANAGi;R CITY HALL, 1 dQ NORTH iJ.S. 9 FAX (772) 489-8042 P,Q. 9OX 9484 www.oi{yoftor~l.com FdRT PIERCE, FI.d#~IDA 34954-1480 tune 16, 2049 Mr. Ben DeVries, Executive Director Treasure Coast Education, Research and development Authority • 299 South Rock Koad • Fort Pierce, FL 34945 Dear Mr. beVries: At their tune 15, 2009 meeting, the ForC Pierce City Commission determined that they recommend Thomas K. Ferona and Siefen K. Matthes as candidates for appointment to the TCERbA Board to represent the City of Fart Pierce. Their applications are attached far your convenience. If you have any questions or require addit?onal information, please contact me at~ your • convenience. Sincerely, David L. Recor, iCMA-CM C'~ty Manager I~I,R:jdr ' ~ Asrachments C: Thomas K. Pgrpna Stefan K. Matthes Cassandra Steele, Gty clerk i'` ~ - C ' - ti >^t~ i r' ti t ~T CULPEPPER Sc TERPENING, INC =~4~-~ CONSULTING ENGINEERS ~ LAND SURVEYORS -'':._,.~_..-'":~''F Sender's Email: smarthes tt.ct-en~.com July 2, 2009 VIA: HAND DELIVER Mr. Dan McIntyre, Esq. County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: Treasure Coast Research Park Board Nomination Dear Mr. McIntyre: As you may be aware, the City of Ft. Pierce has nominated me to service on their behalf on the Treasure Coast Research Park Advisory Board. As you know, our firm, Culpepper & Terpening, Inc. provides a variety of Civil Engineering services through this region. Will my position on the Treasure Coast Research Park present a conflict of interest with respect to Culpepper & Terpening, Inc. ability to pursue, and obtaining work for and within the Park, or could I simply recuse myself from Board action for any issues involving Culpepper & Terpening, Inc. Thank you in advance for your response to this query. Should you have any questions regarding this request, please feel free to contact me at 772-464-3537 Ext. *114 or via the above referenced a-mail address. Sincerely, CULPEPPER &TERPENING, INC. RECENED S I~. atthes, P.E. or Vie resident J U L 9 209 c Ben D. Devries, FRICS, CRE Board of Counay Goe~i~iM Disai~t 3 r, ~ ~Sf(~ r I~ 1` Y ` Z: M Documents\TCERP SLC Attome ,McIntyre, bond wnflictdoc \y r A LEGACY OF EXPERTISE AND EXCELLENCE 2980 SOUTH 25TH STREET FT. PIERCE, FL 3498 I ~ (772) 464-3537 FAX: (772) 464-9497 QOARD OF ~ COUNTY COUNTY • ATTORNEY DQniel S. McIntyre COMMISSIONERS • Heather Young ASSISTANT COUNTY ATTORNEY Katherine Mackenzie-Smith ASSISTANT COUNTY ATTORNEY Heather Sperrozzo Lueke ASSISTANT COUNTY ATTORNEY July 6, 2009 Stefan K. ~ P.E. Senior Vice President Culpepper Ft Terpening, Inc. 2980 S. 25t'' Street - Fort Pierce, Fl 34981 RE: Treasure Coast Research Park Board Nomination Dear Mr. . Thank you for your letter of July 2. I believe that Section 112.313(3) and (7) Florida Statutes (attached) would prohibit your firm from contracting with the Authority (after the date of your appointment with the Board) to perform work on behalf of the Authority, regardless of whether or not you voted on the contract. If you have any questions, please let me know. Since ly, DSM/cb Daniel S. Mclnt e County Attar y Copy to: Research Park Manager w/o encl. R. MacLaren, Esq. w/encl. CHRIS DZADOVSKY, Dlsrricr No. 1- • DOUG COWARD, Distrlcr No. 2 PAULA A. LEWIS, Dlsrrict No, a CHARLES GRANDE, District No. 4 CHRIS'CMFT, Disrcicr No. 5 County Administrator - Foye W. Ourlow, MPA 2300 Virginia Avenue Fr. Pierce, FL 34982-5652 Phone (772) 462-1441 Statutes & Constitution :View Statutes :->2008->Ch0112->Section 313 : Online Sunshine Page 1 of 8 Select Year 2008 .Go The 2008 Florida Statutes Title X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys. (1) DEFINITION.--As used in this section, unless the context otherwise requires, the term "public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. (2) SOLICITATION OR ACCEPTANCE OF GIFTS.--No public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby. (3) DOING BUSINESS WITH ONE'S AGENCY.--No employee of an agency acting in his or her official capacity as a purchasing agent, or public officer acting in his or her official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his or her own agency from any business entity of which the officer or employee or the officer's or employees spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. Nor shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services to the officer's or employee's own agency, if he or she is a state officer or employee, or to any political subdivision or any agency thereof, if he or she is serving as an officer or employee of that political subdivision. The foregoing shall not apply to district offices maintained by legislators when such offices are located in the legislator's place of business or when such offices are on property wholly or partially owned by the legislator. This subsection shall not affect or be construed to prohibit contracts entered into prior to: (a) October 1, 1975. (b) Qualification for elective office. (c) Appointment to public office. (d) Beginning public employment. Statutes & Constitution :View Statutes :->2008->Ch0112->Section 313 : Online Sunshine Page 2 of 8 (4) UNAUTHORIZED COMPENSATION.--No public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at any time, accept any compensation, payment, or thing of value when such public officer, employee, or local govemment attorney knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity. (5) SALARY AND EXPENSES.--No public officer shall be prohibited from voting on a matter affecting his or her salary, expenses, or other compensation as a public officer, as provided by law. No local government attorney shall be prevented from considering any matter affecting his or her salary, expenses, or other compensation as the local government attorney, as provided by law. (6) MISUSE OF PUBLIC POSITION.--No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, _ benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31. (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.-- (a) No public officer or employee. of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that wilt create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. 1. When the agency referred to is that certain kind of special tax district created by general or special law and is limited specifically to constructing, maintaining, managing, and financing improvements in the land area over which the agency has jurisdiction, or when the agency has been organized pursuant to chapter 298, then employment with, or entering into a contractual relationship with, such business entity by a public officer or employee of such agency shall not be prohibited by this subsection or be deemed a conflict per se. However, conduct by such officer or employee that is prohibited by, or otherwise frustrates the intent of, this section shall be deemed a conflict of interest in violation of the standards of conduct set forth by this section. 2. When the agency referred to is a legislative body and the regulatory power over the business entity resides in another agency, or when the regulatory power which the legislative body exercises over the. business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body shalt not be prohibited by this subsection or be deemed a conflict. Statutes & Constitution :View Statutes :->2008->Ch0112->Section 313 : Online Sunshine Page 3 of 8 (b) This subsection shall not prohibit a public officer or employee from practicing in a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or ordinance. (8) DISCLOSURE OR USE OF CERTAIN INFORMATION.--A current or former public officer, employee of an agency, or local government attorney may not disclose or use information not available to members of the general public and gained by reason of his or her official position, except for information relating exclusively to governmental practices, for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity. (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.-- (a)1. It is the intent of the Legislature to implement by statute the provisions of s. 8(e), Art. II of the State Constitution relating to legislators, statewide elected officers, appointed state officers, and designated public employees. 2. As used in this paragraph: a. "Employee" means: (I) Any person employed in the executive or legislative branch of government holding a position in the Senior Management Service as defined.in s. 110.402 or any person holding a position in the Selected Exempt Service as defined in s. 110.602 or any person having authority over policy or procurement employed by the Department of the Lottery. (II) The Auditor General, the director of the Office of Program Policy Analysis and Government - Accountability, the Sergeant at Arms and Secretary of the Senate, and the Sergeant at Arms and Clerk of the House of Representatives. (III) The executive director of the Legislative Committee on Intergovernmental Relations and the executive director and deputy executive director of the Commission on Ethics. (IV) An executive director, staff director, or deputy staff director of each joint committee, standing committee, or select committee of the Legislature; an executive director, staff director, executive assistant, analyst, or attorney of the Office of the President of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office, Senate Minority Party Office, House Majority Party Office, or House Minority Party Office; or any person, hired on a contractual basis, having the power normally conferred upon such persons, by whatever title. (V) The Chancellor and Vice Chancellors of the State University System; the general counsel to the Board of Governors of the State University System; and the president, provost, vice presidents, and deans of each state university. Statutes & Constitution :View Statutes :->2008->Ch0112->Section 313 : Online Sunshine Page 4 of 8 (VI) Any person, including an other-personal-services employee, having the power normally conferred upon the positions referenced in this sub-subparagraph. b. "Appointed state officer" means any member of an appointive board, commission, committee, council, or authority of the executive or legislative branch of state government whose powers, . jurisdiction, and authority are not solely advisory and include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relative to its internal operations. c. "State agency" means an entity of the legislative, executive, or judicial branch of state government over which the Legislature exercises plenary budgetary and statutory control. 3. No member of the Legislature, appointed state officer, or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of 2 years following vacation of office. No member of the Legislature shall personally represent another person or entity for compensation during his or her term of office before any state agency other than judicial tribunals or in settlement negotiations after the filing of a lawsuit. 4. An agency employee, including an agency employee who was employed on July 1, 2001, in a Career Service System position that was transferred to the Selected~Facempt Service System under chapter 2001- 43, Laws of Florida, may not personalty represent another person or entity for compensation before the agency with which he or she was employed for a period of 2 years following vacation of position, unless employed by another agency of state government. 5. Any person violating this paragraph shalt be subject to the penalties provided in s, 112.317 and a civil penalty of an amount equal to the compensation which the person receives for the prohibited conduct. 6. This paragraph is not applicable to: a. A person employed by the Legislature or other agency prior to July 1, 1989; b. A person who was employed by the Legislature or other agency on July 1, 1989, whether or not the person was a defined employee on Juty 1, 1989; c. A person who was a defined employee of the State University System or the Public Service Commission who held such employment on December 31, 1994; d. A person who has reached normal retirement age as defined in s. 121.021(29), and who has retired under the provisions of chapter 121 by July 1, 1991; or e. Any appointed state officer whose term of.office began before January 1, 1995, unless reappointed to that office on or after January 1, 1995. . Statutes & Constitution :View Statutes :->2008->Ch0112->Section 313 : Online Sunshine Page 5 of 8 (b) In addition to the provisions of this part which are applicable to legislators and legislative employees by virtue of their being public officers or employees, the conduct of members of the Legislature and legislative employees shall be governed by the ethical standards provided in the respective rules of the Senate or House of Representatives which are not in conflict herewith. {10) EMPLOYEES HOLDING OFFICE.-- (a) No employee of a state agency or of a county, municipality, special taxing district, or other political subdivision of the state shall hold office as a member of the governing board, council, commission, or authority, by whatever name known, which is his or her employer while, at the same time, continuing as an employee of such employer. (b) The provisions of this subsection shall not apply to any person holding office in violation of such provisions on the effective date of this act. However, such a person shalt surrender his or her conflicting employment prior to seeking reelection or accepting reappointment to office. (11) PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD MEMBERS.--No officer, director, or administrator of a Florida state, county, or regional professional or occupational organization or association, while holding such position, shall be eligible to serve as a member of a state examining or licensing board for the profession or occupation. (12) EXEMPTION.--The requirements of subsections (3) and (7) as they pertain to persons serving on advisory boards may be waived in a particular instance by the body which appointed the person to the advisory board, upon a full disclosure of the transaction or relationship to the appointing body prior to the waiver and an affirmative vote in favor of waiver by two-thirds vote of that body. In instances in which appointment to the advisory board is made by an individual, waiver may be effected, after public hearing, by a determination by the appointing person and full disclosure of the transaction or relationship by the appointee to the appointing person. In addition, no person shall be held in violation of subsection (3) or subsection (7) if: (a) Within a city or county the business is transacted under a rotation system whereby the business transactions are rotated among all qualified suppliers of the goods or services within the city or county. (b) The business is awarded under a system of sealed, competitive bidding to the lowest or best bidder and: 1. The official or the official's spouse or child has in no way participated in the determination of the bid specifications or the determination of the lowest or best bidder; 2. The official or the official's spouse or child has in no way used or attempted to use the official's influence to persuade the agency or any personnel thereof to enter such a contract other than by the mere submission of the bid; and 3. The official, prior to or at the time of the submission of the bid, has filed a statement with the Statutes & Constitution :View Statutes :->200&>Ch0112->Section 313 : Online Sunshine -Page 6 of 8 Commission on Ethics, if the official is a state officer or employee, or with the supervisor of elections of the county in which the agency has its principal office, if the official is an officer or employee of a political subdivision, disclosing the official's interest, or the interest of the official's spouse or child, and the nature of the intended business. (c) The purchase or sale is for legal advertising in a newspaper, for any utilities service, or for passage on a common carrier. (d) An emergency purchase or contract which would otherwise violate a provision of subsection (3) or subsection (7) must be made in order to protect the health, safety, or welfare of the citizens of the state or any political subdivision thereof. (e) The business entity involved is the only source of supply within the political subdivision of the officer or employee and there is full disclosure by the officer or employee of his or her interest in the business entity to the governing body of the political subdivision prior to the purchase, rental, sale, . leasing, or other business being transacted. (f) The total amount of the transactions in the aggregate between the business entity and the agency does not exceed $500 per calendar year. (g) The fact that a county or municipal officer or member of a public board or body, including a district school officer or an officer of any district within a county, is a stockholder, officer, or director of a bank will not bar such bank from qualifying as a depository of funds coming under the jurisdiction of any such public board or body, provided it appears in the records of the agency that the governing body of the agency has determined that such officer or member of a public board or body has not favored such bank over other qualified banks. (h) The transaction is made pursuant to s. 1004.22 or s. 1004.23 and is specifically approved by the president and the chair of the university board of trustees. The chair of the university board of.trustees shalt submit to the Governor and the Legislature by March 1 of each year a report of the transactions approved pursuant to this paragraph during the preceding year. (i) The public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency. (j) The public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency and: 1. The price and terms of the transaction are available to similarly situated members of the general public; and 2. The officer or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction. Statutes & Constitution :View Statutes :->2008->Ch0112->Section 313 : Online Sunshine Page 7 of 8 (13) COUNTY AND MUNICIPAL ORDINANCES AND SPECIAL DISTRICT AND SCHOOL DISTRICT RESOLUTIONS REGULATING FORMER OFFICERS OR EMPLOYEES.--The governing body of any county or municipality may adopt an ordinance and the governing body of any special district or school district may adopt a resolution providing that an appointed county, municipal, special district, or school district officer or a county, municipal, special district, or school district employee may not personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or employee for a period of 2 years following vacation of office or termination of employment, except for the purposes of collective bargaining. Nothing in this section may be construed to prohibit such ordinance or resolution. (14) LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A person who has been elected to any county, municipal, special district, or school district office may not personally represent another person or entity for compensation before the government body or agency of which the person was an officer for a period of 2 years after vacating that office. For purposes of this subsection: (a) The "government body or agency" of a member of a board of county commissioners consists of the commission, the chief administrative officer or employee of the county, and their immediate support staff. (b) The "government body or agency" of any other county elected officer is the office or department headed by that officer, including all subordinate employees. (c) The "government body or agency" of an elected municipal officer consists of the governing body of the municipality, the chief administrative officer or employee of the municipality, and their immediate support staff. . (d) The "government body or agency" of an elected special district officer is the special district. (e) The "government body or agency" of an elected school district officer is the school district. (15) ADDITIONAL EXEMPTION.--No elected public officer shall be held in violation of subsection (7) if the officer maintains an employment relationship with an entity which is currently atax-exempt organization under s. 501(c) of the Internal Revenue Code and which contracts with or otherwise enters into a business relationship with the officer's agency and: (a) The officer's employment is not directly or indirectly compensated as a result of such contract or business relationship; (b) The officer has in no way participated in the agency's decision to contract or to enter into the business relationship with his or her employer, whether by participating in discussion at the meeting, by communicating with officers or employees of the agency, or otherwise; and (c) The officer abstains from voting on any matter which may come before the agency involving tMe officer's employer, publicly states to the assembly the nature of the officer's interest in the matter from Statutes & Constitution :View Statutes :->2008->Ch0112->Section 313 : Online Sunshine Page 8 of 8 which he or she is abstaining, and files a written memorandum as provided in s. 112.3143. (16) LOCAL GOVERNMENT ATTORNEYS.-- (a) For the purposes of this section, "local government attorney" means any individual who routinely serves as the attorney for a unit of local government. The term shall not include any person who renders legal services to a unit of local government pursuant to contract limited to a specific issue or subject, to specific litigation, or to a specific administrative proceeding. For the purposes of this section, "unit of local government" includes, but is not limited to, municipalities, counties, and special districts. (b) It shalt not constitute a violation of subsection (3) or subsection (7) for a unit of local government to contract with a law firm, operating as either a partnership or a professional association, or in any combination thereof, or with a local government attorney who is a member of or is otherwise associated with the law firm, to provide any or all legal services to the unit of local government, so long as the local government attorney is not afull-time employee or member of the governing body of the unit of local government. However, the standards of conduct as provided in subsections (2), (4), (5), (6), and (8) shalt apply to any person who serves as a local government attorney. (c) No local government attorney or law firm in which the local government attorney is a member, partner, or employee shall represent a private individual or entity before the unit of local government to which the local government attorney provides legal services. A local government attorney whose contract with the unit of local government does not include provisions that authorize or mandate the use of the taw firm of the local government attorney to complete legal services for the unit of local government shall not recommend or otherwise refer legal work to that attorney's taw firm to be completed for the unit of local government. (17) BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.--No citizen member of the Board of Governors of the State University System, nor any citizen member of a board of trustees of a local constituent university, shalt have or hold any employment or contractual relationship as a legislative lobbyist requiring annual registration and reporting pursuant to s. 11.045. History.--s. 3, ch. 67-469; s. 2, ch. 69-335; ss. 10, 35, ch. 69-106; s. 3, ch. 74-177; ss. 4, 11, ch. 75-208; s. 1, ch. 77-174; s. 1, ch. 77-349; s. 4, ch. 82-98; s. 2, ch. 83-26; s. 6, ch. 83-282; s. 14, ch. 85-80; s. 12, ch. 86-145; s. 1, ch. 88-358; s. 1, ch. 88-408; s. 3, ch. 90-502; s. 3, ch. 91-85; s. 4, ch. 91-292; s. 1, ch. 92-35; s. 1, ch. 94-277; s. 1406, ch. 95-147; s. 3, ch. 96-311; s. 34, ch. 96-318; s. 41, ch. 99-2; s. 29, ch. 2001-266; s. 20, ch. 2002-1; s. 894, ch. 2002-387; s. 2, ch. 2005-285; s. 2, ch. 2006-275; s. 10, ch. 2007- 217. Copyright m 1995-2009 The Florida Legislature • Privacy Statement • Contact Us BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 7, 2009 Convened: 6:00 p.m. Adjourned: 7:15 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Dzadovsky, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Christopher Steer, Asst. County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Don West, Public Works Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Marie Gouin, OMB/Purchasing Director, Mike Powley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 16, 2009 meeting. Approve the minutes from the June 23, 2009 meeting. Approve the minutes from the Special Meeting June 30, 2009. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve the minutes of the meetings held June 16, June 23 and the special meeting held on June 30, 2009, and; upon roll call, motion carved unanimously. IV. PROCLAMATIONSIPRESENTATIONS A. AT~p7~l' t.. I'~, -Resolution No. 09-204 - Retum of the Cobras Week Consider staff recommendation to approve adoption of Resolution No. 09-204 as drafted. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 09-204, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the dumping of debris in the sanctuary, the Port Cargo, and the wounded manatees. VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 39 and 40. The Board approved Warrant List No. 39 and 40. B. COUNTY ATTORNEY 1. Revocable License Agreement -Jeff S. Reamer -Sneed Road Culvert 1 06/26/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #39- 20-JUN-2009 TO 26-JUN-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001- General Fund 001113 CDBG Su 201,554.69 573,407.59 001164 USDOJ vipolencesAgainstoWomenSGbrantn 298,301.48 0.00 001180 US Dept Housing HUD Shelter Plus Gr 14,468.83 0.00 001184 CDBG 07 8,674.00 0.00 001188 Section 112/MPO/Fhwa/Plannin 2007 42,256.44 1,242.40 001194 U.S. Dept of Housing & Communit 10,609.22 10,324.80 001434 Fla Comm for the Disadvantaged Tran 3,680.16 266.27 001436 INTACT Inspired Network to Achieve 65.19 879 78 .001500 FDEM Emergency Mgmt Performance 1.554.92 1,102.40 001501 CSBG 2008-2009 Dept of Health and H 238.46 0.00 001505 FDCA Emerg. Mgmt Prep & Assist FY09 I3, 967.69 1,386.80 001506 Us Dept of Health Earned Income Tax 3,194.06 0.00 001507 USDA NRCS Tropical Storm Fa Dama e 2,770.94 0.00 101 Transportation Trust Fund y g 3,016,745.04 0.00 101001 Transportation Trust Interlocals 407,282.32 58,200.18 101002 Transportation Trust/80o Constitut 83'43 1,090.64 101003 Transportation Trust/Local O tion 21,591.27 47,667.55 101004 Transportation Trust/County Fuel Tx 5,931.48 22,518.38 101006 Transportation Trust/Impact Fees 9,789'17 18.040.17 102 Unincorporated Services Fund 20,161.55 0.00 102001 Drainage Maintenance MSTU 6,433.34 77,964.06 102809 Paradise Park Phase 2 SFWMD 2'820'77 5,430.59 107 Fine & Forfeiture Fund 19.855.20 0.00 107001 Fine & Forfeiture Fund-Wireless Sur 259'820.62 141,977.12 107002 Fine & Forfeiture Fund-E911 Surchar 86.54 1,113.60 107003 Fine & Forfeiture Fund-800 Mhz O er 3,197.60 1,113.60 107006 F&F Fund-Court Related Technolo p 2,276'18 0.00 107204 FL Dept Juvenile Justice-DMC Ci~il 8,670'29 8,736.95 107205 Juvenile Justice & Delinquency Prev 108.49 1,507.10 113 Harmony Heights 3 Fund 189.16 2,076.00 114 Harmony Heights 4 Fund 235.38 0.00 116 Sunland Gardens Fund 513.70 0.00 117 Sunrise Park Fund 574.07 0.00 119 Holiday Pines Fund 142.96 0.00 123 Queens Cove Lighting Dist#13 Fund 888'52 0.00 127 Pine Hollow Street Lighting MSTU 362.52 0.00 128 Kings Hwy Industrial Park Li htin 373.54 0.00 130 SLC Public Transit MSTU g g 499.55 0.00 130207 FDOT Fized Route Grant 811.56 2,176.18 130208 FCTD TRIP 08/09 17,960.73 0.00 136 Monte Carlo Lighting MSTU#4 Fund 3,327.82 0.00 138 Palm Lake Gardens MSTU Fund 1,745.74 0.00 140 Airport Fund 257.06 0.00 140135 FAA Security Fencing & Runway 9L/27 846 692.82 14,841.82 140335 Parallel Runway Design-9L/27R ~ 0.00 140356 FDOT Airport Master Plan Update 352.25 0.00 140357 FDOT Acquire 29 Acres 9,319.25 0.00 902, 000.00 0 . 00 06/26/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #39- 20-JUN-2009 TO 26-JUN-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 140358 FDOT Update Master Drainage Plan 7,165.96 0.00 140359 FDOT Environmental Mitigation 9,644.44 0.00 150 Impact Fee Collections 115.00 1,523.20 160 Plan. Maintenance RAD Fund 6,174.96 4,015.16 183 Ct Administrator-19th Judicial Cir 14,396.68 3,009.49 183001 Ct Administrator-Arbitration/Mediat 300.00 0.00 183004 Ct Admin.- Teen Court 395.38 5,404.72 184205 FDEP Fort Pierce Shore Protection P 313.98 0.00 184209 FDEP - Fort Pierce Shore Protection 26,548.32 0.00 .184212 Fort Pierce IMP Implementation 16,284.56 0.00 185009 FHFA SHIP 2007/2008 13,403.15 2,060.48 189201 FHFC Hurricane Housing Recovery Pla 37,057.05 2,948.80 310002 Impact Fees-Parks 505.00 0.00 316 County Capital 4,635.00 0.00 316001 5th Cent Fuel-Capital 75.00 0.00 318 County Capital-Transportation Bond 7,714.36 ~ 0.00 401 Sanitary Landfill Fund 43,516.96 58,010.97 418 Golf Course Fund 9,950.03 20,633.59 451 S. Hutchinson Utilities Fund 315.80 3,373.48 458 SH Util-Renewal & Replacement Fund 39.61 535.67 461 Sports Complex Fund 19,022.57 19,005.26 471 No County Utility District-Operatin 40,563.10 7,882.21 478 No Cty Util Dist-Renewal & Replace 803.95 1,316.89 479 No Cty Util Dist-Capital Facilities 118.02 1,586.28 491 Building Code Fund 2,792.62 33,425.61 505 Health Insurance Fund 533,273.93 2,658.00 505001 Property/Casualty Insurance Fund 1,360.16 0.00 611 Tourist Development Trust-Adv Fund 11,643.77 1,905.77 625 Law Library 5,869.30 0.00 630 Tax Deed Overbid Agency Fund 15,654.14 0.00 801 Bank Fund 223,625.33 0.00 GRAND TOTAL: 7,233,340.79 1,162,359.56 07/02/09 ST. LUCIE COLivli - BOARD PAGE FZABWARR WARRANT LIST #40- 27-JUN-2009 TO 02-JUL-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 3,037,765.90 001184 CDBG 07 1,296.76 001188 Section 112/MPO/Fhwa/Planning 2007 2 154.13 0.00 001194 U.S. Dept of Housing & Communit ~ 0.00 001413 FL Dept. Of Transp Park & Ride y 26'23 0.00 750.00 0.00 001419 FDCA-Construct County EOC 29 952.38 0.00 001434 Fla Comm for the Disadvantaged Tran 239.91 0.00 001436 INTACT Inspired Network to Achieve 1,324.00 0.00 001501 CSBG 2008-2009 Dept of Health and H 273.20 0.00 001505 FDCA Emerg. Mgmt Prep & Assist FY09 5,405.18 0.00 101 Transportation Trust Fund 10,872.12 0.00 101001 Transportation Trust Interlocals 208.00 0.00 101002 Transportation Trust/80o Constrtut 25,661.65 0.00 101003 Transportation Trust/Local Option 16 598.62 0.00 101004 Transportation Trust/County Fuel Tx 12,073.58 0.00 101006 Transportation Trust/Impact Fees 1,175.00 0.00 102 Unincorporated Services Fund 15,835.19 0.00 102001 Drainage Maintenance MSTU 6,532.23 0.00 102809 Paradise Park Phase 2 SFWMD 983.60 0.00 107 Fine & Forfeiture Fund 3,704,097.53 0.00 107001 Fine & Forfeiture Fund-Wireless Sur 10,895.77 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 50,264.29 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 47,948.76 0.00 107006 F&F Fund-Court Related Technology 3 385.20 0.00 107204 FL Dept Juvenile Justice-DMC Civil 482.66 0.00 107205 Juvenile Justice & Delinquency Prev 408.96 0.00 111 River Park I Fund 2,817.78 0.00 112 River Park II Fund 600.56 0.00 120 The Grove Fund 177.61 0.00 122 Indian River Estates Fund 1,023.03 0.00 126 Southern Oak Estates Lighting 123.76 0.00 129 Parks MSTU Fund 33.00 0.00 130 SLC Public Transit MSTU 1,192.38 0.00 130204 FDOT - Intermodal Facility Grant 750.00 0.00 130208 FCTD TRIP 08/09 120,912.06 0.00 139 Palm Grove Fund 751.80 0.00 140 Airport Fund 3,737.41 0.00 140001 Port Fund 330.05 0.00 140135 FAA Security Fencing & Runway 9L/27 11,400.00 0.00 140355 Security Fencing 600.00 0.00 150 Impact Fee Collections 300.08 0.00 160 Plan Maintenance RAD Fund 9,551.95 0.00 183 Ct Administrator-19th Judicial Cir 1,847.70 0.00 183001 Ct Administrator-Arbitration/Mediat 380.00 0.00 183004 Ct Admin.- Teen Court 1,233.88 0.00 183006 Guardian Ad Litem Fund 14,089.75 184205 FDEP Fort Pierce Shore Protection P 0.00 185009 FHFA SHIP 2007/2008 7,156.00 0.00 402.28 0.00 07/02/09 ST. LUCIE COL.~l~ - BOARD PAGE FZABWARR WARRANT LIST #40- 27-JUN-2009 TO 02-JUL-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 189201 FHFC Hurricane Housing Recovery Pla 2 950.90 0.00 216 County Capital I&S 15,520.24 0.00 242 Port I&S Fund 50,478.76 0.00 316 County Capital 96,654.94 0.00 316001 5th Cent Fuel-Capital 1,680.00 316802 FIND Stan Blum Boat Ramp 3 116.65 0.00 318 County Capital-Transportation Bond 3,817,948.00 0.00 401 Sanitary Landfill Fund 0.00 418 Golf Course Fund 130,835.37 0.00 12,332.79 0.00 451 S. Hutchinson Utilities Fund 56,017.13 0.00 458 SH Util-Renewal & Replacement Fund 105.49 0.00 461 Sports Complex Fund 28,251.36 0.00 471 No County Utility District-Operatin 320,626.53 0.00 478 No Cty Util Dist-Renewal & Replace 3,055.66 0.00 479 No Cty Util Dist-Capital Facilities 316.07 0.00 491 Building Code Fund 6,680.83 0.00 505 Health Insurance Fund 643.12 611 Tourist Development Trust-Adv Fund 24,113.12 1,633.70 801 Bank Fund ~ 0.00 36,504.94 0.00 GRAND TOTAL: 11,772,679.45 2,930.46 The Board approved the Revocable License Agreement with Jeff S. Reamer, authorized the Chair to execute the Agreement and directed Jeff Reamer to record the Agreement in the Public Records of St. Lucie County, Florida. 2. Permission to Advertise -Ordinance No. 09-025 -Amending Section 11.05.11 (A)(2) of the Land Development Code -Requirement for Permit; Exemptions The Board granted permission to advertise Ordinance No. 09-025 for public hearings before the Local Planning Agency and the Board of County Commissioners. Com. Grande requested staff look at "G "against "H". Com. Coward stated he felt there should be a threshold as in subsection A-1 and stated if the applicant is meeting or exceeding the threshold, then they should require a mining permit. 3. Permission to Advertise -Ordinance No. 09-026 -Court Fees The Board granted permission to advertise proposed Ordinance No. 09-026 for public hearing before the Board of County Commissioners on August 18, 2009, at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY CONTINUED 4. Conservation Easement -New Horizons of the Treasure Coast, Inc. - Resolution No. 09-198 The Board approved accepting the Conservation Easement, authorized the chair to sign Resolution No. 09-198 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 5. Revocable License Agreement -Pivotal Utility Holdings, Inc. d/b/a Florida City Gas -Walton road The Board approved the Revocable License Agreement with Pivotal Utility Holdings, Inc. d/bla Florida City Gas, authorized the Chair to execute the Agreement and directed Pivotal Utility Holdings, Inc. d/b/a Florida City Gas to record the Agreement in the Public Records of St. Lucie County, Florida. 6. Permission to Advertise -Ordinance No. 09-027 -Historic Preservation This item was pulled prior to the meeting. 7. Revocable License Agreement - Sandscrub, LLC -10415 Bluefield Road The Board approved the Revocable License Agreement with Sandscrub, LLC, authorized the Chair to execute the Agreement and direct Sandscrub, LLC to record the Agreement in the Public Records of St. Lucie County, Florida. 8. "After the Fact" Revocable License Agreement -Copper Creek HOA, Inc. - Glades Cut-Off Road The Board approved the "After the Fact" Revocable License Agreement with Copper Creek HOA, Inc., authorized the Chair to execute the Agreement and directed Copper Creek HOA, Inc. to record the Agreement in the Public Records of St. Lucie County, Florida. 9. Cortez Village -Third Amendment to January 27, 2007 Agreement with Cortez Townhomes, LLC and Gregg R. Wexler The Board approved the proposed Third Amendment to the Agreement with Cortez Townhomes, L.L.C. and Gregg R. Wexler for Cortez Village, and authorized the Chair to sign the Third Amendment. 10. Amendment Number Four to Lease Number 3510 -Green Turtle Beach/John Brooks Park 2 The Board approved Amendment Number Four to Lease Number 3510, authorized the Chair to sign the Amendment and direct staff to return the Amendment to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. B. COUNTY ATTORNEY CONTINUED 11. Intermodal Transit facility - Interlocal Agreement with Fort Pierce Redevelopment Agency The Board approved the proposed Interlocal Agreement with the Fort Pierce redevelopment Agency for the Intermodal Transit Facility, and authorized the Chair to sign the Interiocal Agreement. Corn. Coward requested information as to the overall cost and asked if there would be a partnership between the city of Ft. Pierce, the DOT and St. Lucie County for this project. The Community Services Director advised the Board it has been determined that FTA dollars will be utilized as well as a partnership with the FDOT of $850,000 for construction being provided and also will utilize funds from the MSTU. She advised the Board she could not promise there would not be an increase in the MSTU in the future. The Chairperson advised the Board there were also funds from the Transit provider. Corn. Coward questioned the operational costs of the facility. The Community Services Director stated she anticipated the cost to be $30,000 per year. C. AIRPORT Bid No. 09-031, Existing Runway 9/27 Rehabilitation Conditional Award The Board approved to conditionally award Bid No. 09-031, Runway Rehabilitation, to Ranger Construction Inc., in the amount of $2,126,256.50, pending award of the FAA and FDOT grants, and authorized the Chair to sign documents as approved by the County Attorney. D. PUBLIC WORKS 1. Sole source purchase of video detection systems for traffic signals The Board approved a sole source purchase not to exceed $200,000, of video detection systems for traffic signals with Econolite Control Products, Inc. 2. Taylor Creek Site 7 Emergency Shoreline Stabilization Repair Project. The Board approved accepting the Taylor Creek Site 7 Emergency Shoreline Stabilization repair project; approval of Change Order No. 1 in the amount of $27,635.68, approved final payment and release of retainage in the amount of $403,765.33 to Ranger Construction, Inc. (Contract # 09-04-126). E. MANAGEMENT AND BUDGET 1. Purchasing - Amendment to contracts for tree trimming and removal services The Board approved the first amendment to contracts C08-0-347 with Tri- Brothers Tree Landscaping, Inc. and C08-08-345 with Paul Fasnacht Lawn & Tree Trimming, extending the contracts through August 11, 2010, and authorized the Chair to sign documents as approved by the County Attorney. 2. Purchasing -Amendment to contract for preventive maintenance services for County fleet vehicles 3 The Board approved the first amendment to contract C08-08-374 with Reliable Tire & Auto Care Center, extending the contract through August 21, 2010, and authorized the Chair to sign documents as approved by the County Attomey. 3. Purchasing - Amendment to contract for elevator repair and maintenance The Board approved the Fifth Amendment to contract C05-11-708 with General Elevator Sales & Services, Inc., adding the Lakewood Regional Park and authorized the Chair to sign documents as approved by the County Attomey. E. MANAGEMENT AND BUDGET CONTINUED 4. Fixed asset inventory-property record removal The Board authorized the removal of fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the office of the St. Lucie County Clerk of Circuit Court. 5. Fixed asset inventory-property record removal The Board authorized the removal of fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Health Department's Office. 6. Fixed asset inventory-property record removal The Board authorized the removal of fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the various departments of St. Lucie County Board of County Commissioners. 7. Fixed asset inventory-property record removal The Board authorized the removal of fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Tax Collector's Office. 8. Request for Qualifications (RFQ) No. 09-024, Evaluation and Appraisal Based Comprehensive Plan Amendments for the St. Lucie Comprehensive Plan The Board approved the short-listed firms for Evaluation and Appraisal Based Comprehensive Plan Amendments for the St. Lucie Comprehensive Plan and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorize the Chair to sign the documents as prepared by the County Attomey. 9. Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements This item was pulled prior to the meeting. F. ENVIRONMENTAL RESOURCES Amendment to contract for Oxbow Eco-Center Exhibit The Board approved the first amendment to contract # C09-01-047 with JMWA Architects, Inc., and authorized the Chair to sign documents as approved by County Attomey, G. INVESTMENT FOR THE FUTURE Central Services - 32 Channel DVR for the Courthouse Annex 4 The Board approved Budget Amendment No. 09-028 and revised Equipment Request No. 09-034 to purchase a 32 Channel DVR in the amount of $11,875 for Sheriff security at the Courthouse Annex. H. COMMUNITY SERVICES Neighborhood Stabilization Program Two (NSP 2) Grant Application The Board approved the submission of the NSP 2 application, and authorized the Chair to sign the necessary application documents as approved by the County Attomey. I. ADMINISTRATION /MEDIA Relocation of SLCTV Studio and Offices The Board approved: 1. Relocation of SLCTV studio and Media offices as outlined in the agenda memorandum; and 2. Budget Amendment 09-031 to transfer funds in the amount of $300,000 for the studio relocation project; and 3. Permission to advertise an Invitation to Bid for the studio relocation project, END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Resolution No. 09-184 - Lawnwood Baseball Bathroom Project - St. Lucie County Economic Stimulus Projects Consider staff recommendation to approve Resolution No. 09-184. It was moved by Com. Craft, seconded by Com. Dzadovsky to approve Resolution No. 09-184, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Resolution No. 09-188 -Courthouse Annex Phase 1-A Project - St. Lucie County Economic Stimulus Projects Consider staff recommendation to approve Resolution No. 09-188. Mr. Paul Dritenbas, contractor addressed the Board regarding this item and requested The Board invoke section 5 paragraph A, waiver of competitive bid proposal process. He believed going out for bid would threaten the security of the judges by having so many contractors walking through the building reviewing the project for their bid proposal. He recommended the Board consider awarding the bid to David Brooks Enterprises, the contractor for the new Clerk's building. He believes the already established relationship would be of benefit to the county. Mr. David Brooks, Brooks Enterprises, addressed the Board and advised them he would not have a problem meeting the 75% local employment requirement. He alluded to the disadvantage of an open bid process. The County Attomey advised the Board there is an existing provision in State Law where a contractor that is already on site can be considered. The County Attomey encouraged the Board to pass this item tonight antl direct staff to do a historical outlay of the project and felt the Board would be better served if they received a full and factual background and then have a separate discussion on the issue. 5 Com. Grande stated he would welcome as many people as possible to bid on the project especially with today's economy. He believes the county could receive great savings and stated he would be hesitant to give up the ability to go out for bid. Com. Craft stated he believed familiarity is important and would like to have staff discuss this item with Mr. Brooks. Com. Lewis stated she would also like to have more discussion on this item and would also like to hear what staff would have to say or recommend. Com. Dzadovsky stated he would like to know what is being presently paid for electric etc., and what benefit and savings they would accomplish. Com. Coward stated they needed to take more aggressive steps towards energy conservation and alluded to Collier County's presentation he viewed recently. He recommended the Board and staff view this presentation . It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 09-188, and; upon roll call, motion carried unanimously. Com. Coward requested reviewing the job description for the Sustainability Economic Development position. The County Administrator advised the Board she would provide them with a copy. C. COUNTY ATTORNEY Resolution No. 09-189 -State Attorney's OfFce A/C Maintenance Project - St. Lucie County Economic Stimulus Projects Consider staff recommendation to approve Resolution No. 09-189. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 09-189, and; upon roll call, motion carried unanimously. D. COUNTY ATTORNEY Resolution No. 09-195 -Martin Luther King/Dreamland Park Bathroom Project - St. Lucie County Economic Stimulus Projects Consider staff recommendation to approve Resolution No. 09-195. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve Resolution No. 09-195, and; upon roll call, motion carried unanimously. Com. Coward stated they needed to take more aggressive steps towards energy conservation and alluded to Collier County's presentation he viewed recently. He recommended the Board and staff view this presentation. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 09-188, and; upon roll call, motion carried unanimously. Com. Coward requested reviewing the job description for the Sustainability Economic Development position. The County Administrator advised the Board she would provide them with a copy. Com. Coward requested the ratification of his appointment to the Affordable Housing Advisory Committee, Ms. Colleen Jeeves. i It was moved by Com. Dzadovsky, seconded by Com. Craft, to ratify this appointment, and; upon 6 roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. REGULAR AGENDA No items Chairman Clerk of the Circuit Court 7 AGENDA REQUEST ITEM N0. IV-A DATE: July 14, 2009 _ • REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-187 proclaiming August 9, 2009, as "Smokey Bear Day" in St. Lucie County, Florida. BACKGROUND: Melissa Yunas, Wildfire Mitigation Specialist with the Florida Division of Forestry, has requested that this Board proclaim August 9, 2009 as "Smokey Bear Day" in St. Lucie County, Florida. The attached Resolution No. 09-187 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-187 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ]OTHER: - Approved 5-0 Faye W. Outlaw, MP County Administrator Review and ADDrovals [X] County Attorney: [ )Management & Budget: [ ]Purchasing: Daniel S. McIntyre [ ]Road 8 Bridge.: [)Parks Et Recreation Director [ ]Solid Waste Mgr [ )Finance: (check for copy only, if applicable) Effective 5/96 RESOLUTION N0. 09-187 A RESOLUTION PROCLAIMING AUGUST 9, 2009 AS "SMOKEY BEAR DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. August 9, 2009 marks the 65th Anniversary of Smokey Bear. 2. Smokey was created in 1944 by Artist Albert Staehle, as an animated symbol which the public could identify with, in connection with wildfire prevention programs. 3. Firefighters everywhere accept Smokey Bear as the symbol for wildfire prevention. 4. All of us, whatever our ages, need to keep in mind Smokey's admonition: "Remember -only YOU Can Prevent Wildfires!" NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim August 9, 2009, as "SMOKEY BEAR DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to become more aware of wildfire prevention programs. PASSED AND DULY ADOPTED this 14th day of July, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY r f jar'` ~ ~ ~ p w r ',_y ~ . r.-, - m a S ,Zy r a 7 • reel ~ e i ~ L r- l , It ~ i d:.)-~ ~ - ~ l ~ s ~ "4f J O ~ O ~~D~ ~m~ V~ cu ~ ~-r n ~ - _ - ~ ~U ~0~~0 ~ o ~ ~ N ~ ~ ~ ~ N~ ~ ~ ~ ~ ~ ~ ~ ~ ~ cu ~ ~ ED ~ o ~ ~ ~ ~ v ~ ~ n ~ ~ o ~ CD c~ ° CD ~ . IV O ~ ~ tJ~ CD ~ O ~ ~ c~ ~ cn D ~ ~ ~ o ~ c~ ~ ~ ~ ~ ~ Q N ~ ~ CD O c~ ~ C~ ~ O ~ C~ ~ C37 C~ N O ~ ~ ¦ O ~ ~ ~ ~ ~ t,~ ~ N ~ _ ~ ~ ~ i ~ ~ _ ~ ~ v ~ ~ i ~ ~ ~ ~ ~ ~ ~ i ~ cQ ~ V O L - ~ ~ ca > ~ ~ ~ ~ O ~ .i ~ ~ ~ ~ to ~ ~ i N ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ .N ~ ~ Z ~ _ ~ ~ C~ a~ ~ ~ ~ ~ to > ~ ~ w ~ ~ ~ cn- ~ o O ~ ~ rn ~ z z O o~D O O' I11 O ~ ~D ~D ~ ~ ~ ~ ~ c~ ~ "t ~ p - ~ ~ TI ~ CD ~ O -_t+ ~ CD ~ ~ ~ O ~ ~ ~p Q, to ~ V~ to SU CD ~ ~ n ~ N ~ < ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ Cn ~ ~ CD O ~ sy CD O ~ ~ - ~ ~ ~ ~ O ~ ~ ~ ~ n ~ ~ CD ~ ~ t1~ ~ L ~ ~ ~ ~ O ~ ~ ~ ~ ~ V ~ ~ ~ ~ ~ ~ ~ ~ s ~ ~ ~C ~ 4~ s O - 4~ ~ ~ ~ ca ~ ~V ~ ~ ~ ~ ~ ~ ~ L ~ ~ ~ ~ ~ a~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~ ~ 1~ _ _ ~ ~ ~ ~ N ~ ~ ~ V O v O ~ Q~ ~ O i ~ i O L ~ ~ ~ ~ ~ ~ ~ v V~ - ~ O ~ ~ ~ O ~ ~ ~ V m m ~ O li ~ ~ LL v ~ ~ ~ O ~ ~ a 4~ -a ` O ~ G~ -n ~ ~ ~ z ~ ~ ~ ~ ~ t/~' ~ ~ ~ D ~ ~ o D ~ ~ ~ ~ c_n ~ ~ ~ ~ ~ ~D ~ ~ ~ ~D cD ~ ~ ~ ~ ~ ~ ~ O ~ CQ _ ~ ~ ~ ~ _ ~ n ~ ~ ~ r ~ ~ ~D ~ ~ ~D ,..f ~ ~D - _ ~ ~ ~ ~ ~ c~ ~ ~ cn c~ CD ~ o'~~ CD ~ ~D ~ ~ -z ~ ~ ~ ~ n O C7 ~ 0 ~ ~ ~D V ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ v ~ ~ ~ ~ ~ ~ ~ Q ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ 1 4 Q 6 j % X Y. ~ ~ 6 CC a' a of a ~9 ~ i. u ~~~~e6s~~ ~E ',G'_~~~C Q S pX`C,~~'~ ~~yc y... _~EJ i ms's o`c o`P ¢ T r~~- Y c c Ei ~ CC~ ~ 7& d x ~~i~ z `o w s V t a o e s ~ a E ~ e e o a y F _ c`o3 i-i.~~~~c ° a~~ F~ e v _ YF' ' ECG ~ ~ e c~ .Lfs' v 8 ml+~ ^-~~c~d ~~~eL~c~o~7$ c ~ 8 ~y~E - ~ ~ ~ G~ G M ~ "l. JJ 9 ~ ~~Jj @ c~ ~ G~ L ~ J ~y 7 q i~ s s~'J E~-~ S ~ 3V u ~ g~~" _ ° ~ Z ~ c ~ ~OF ~G'~~ ~ d 4 l ~ i fj F; yle l; 5 v a~ ' f 1 i~ i i ~ ~ ~ti t .o'" Tµ v i n ~3 ~ f 1 ' ~ ~ is ~ , IY Y: LL 1<<~ ~ & 'C tai a Ts t C r w ~ i 6d ~itl ~ a m ~ ILL if~y~ _ tl ! ~~4 . ~ tt e e i W W H @ d ~ f_ J a ~ ~ W h i ~ 3s 3 W M p = i ~ .x o ~ ~ W a ~~~4 ~ ~ i " t !~i i.~$~, g :c gi ~ '~'i.`; l.. . a y`'~ ~~l,N gip: I. !a~ t ~i=fy~ ~ ~ n ~ ~ ~ O ~ ~ ~ ~p 'Z O n O^ ~ ~ O ~ O ~ ~ ~ D ~ ~ -h ~ ~ ~ o cncn~ ~c O ~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ rn ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ 'a 0 ~ n ~ ~ ~ ~ ~ ~ ~ ~ D p ~ ~D ~D ~ O ~ ~ ~ ~ ~D ~ ~ O ~ o ~ C7 ~ ~ ~ ~ O S ~ ~ ~ ~ ~ ~ < ~ ~ ~ t~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ - - ~ Q ~ ~ ~ . ~ ~ m ~ c~ C.? ~ ~ ~ ~ ~ O ~ ~ Z ~ ~ ~ ~ G1 Cfl ~ O L O ~ N O ~ ~ ca ~ a` m O U ~ ~ ~ ~ C ~ ~ Q ~ ~ ~ = O ~1 V- ~ ~ ~ ~ O O ca ~ ~ O ~ ~ ~ U ~ ~ .v ~ ~ O ~ ~ ~ ~ ~ 3 a~ V ~ ~ ~ Q ~ ~ Q ~ R= ~ ~ ~ _ i ~ ~ ~ ~ ~ - ~ m ~ ~ ~ o ca ~ ~ ~ ~ ~v ~~~~i~ ~ ~ ~ ~ ~ ~ ~ ~c~ ~ V ~ ~ > O ~ ,o c^a cn L ~ ~ v_ ,a~ ~ V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O~~ ~ V~ a N ~ ~O ~ Z ~ ~ _ . . ~ n n ~ ~ ~ o O ~ O ~ o a~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~D N ~ ~ ~ ~ O ~ ~ O ~ y ~ ~ O ~ ~ O ~ ~ ~ C7 ~ c~ N ~ ~ ~ c~ ~ ~ ~ V ~ ~ ~ D ~ ~ ~ ~ ~ ~ ~ n~ ~ ~D ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o O C7 ~ cn ~ ~ ~ O ~ ~ ~ ~ O 'n V1 ~ _ O ~ ~ ~ ~ Q O ~ ~ ~ ~D = ~ .v n' ~ D ~ ~ ~ ~ O C ~ ~ ~ t/1 ~ ~ ~ ~ O V~ ~ Q ~ N a = ~D cp o ~ O ~ C~ O ~ ~ ~ Q . ¦ ~ D ~ ~ o = ~ y `D ~ Vs ~ ~ ~ ~ ~ O ~ ~ ~ ~ O' ~ O N ~ p' O ~ ~ N ~ ~ o ~ ~ N o O N O ~ Q ~ ~ w Q a m O U U ~ a 0 a ~ < ~ ~ ~ --s O ~ C C C a E ~ ~ O c m 0 0 0 ~ Q ~ c ~ U o ~ ~ ~ r d`6' o .4 a~$ ~i G i C ~ o V i'j ~ ~ ~ y ~ O ~ ~ N t+ n x (d t7' fcc/J Ncc G1 ~ ~ a~ a c a'3 a a v a ~ N 0 o rn p~ o 'c a m ~ a a~ °e n n~ a O m N c o0 ~ ~ N ~ o ~ ~ ~ g ~ ~ ~ o E ~ ~ ~ m V~ Q Q °c ° U U U~ v rn U ~p O ~j d ~ a~00 a~c0 O O b'~' ~ ~ ,p D o o n^' m U ~ ~ ~ ~ C C C C C O O O G Y7 O ~ T ~ C C 8 C ~ 2' Z ~C' r A ~ T 7 ,v ~ ~1 ~11 Da 0 v d aci v rdi m N aci w ~ w~ a N C ~ X ~ t t t t t t t C F~ m LL LL O 1 a U v U c3 U c3 v a ~ c3 ~ c m ° sV~,,j s~1001~111LL ~~z o 1 ~ I j 5 . w R w ~ ~ r: 1 i 1 az -:oiCl n~ r ~f~~6~ - ~ W ~ ; 'i~ -'i ~ 'y ,'a " a . k ~ i r I.iY •~a i y'I~ J ' p - sp~yy `.':'L. m rw W. S ~ ply ~ . _ ~ f ~ ~ - ; ~ d W M~le".'.. ir`, r, ~ ~yw^~ ' .31;.+''11 x~w"u~ ~1.~w'' e r ~ ~ .r rte'' P F ~ ,1'' ~ - r Y . i r` ~ h yC ~ t---.r TYi }~.Y ~ IY L^ ~~i ...L J~~y:... ..~~rR l' ~~I~ ~ ~f~r. rti. $~~1!7' °~N~~ +~~4.~'~ 'h 'C ~ ,;t:77 ~..1 y cr•~?gJE~~taY ~S'~}y 4 ~'.'.S p ~ q,•. l 4 ~ . ~ ~ r,~?'~-e y ie y.., ? ~ y'1' ~-r-''~Jd~,M~ "r+ ~ 't .Ak w f ~^A'"`~ ~"`i4r ~9 r3 rt,+~ ~I"`~ r ~W~~I"~F I J J. ~1'L ,c Y,~ ' m k J x X ~r~.~~..,,; is `a ;YNGa ~ ~ ~ ~ i~t 3 4:~ s,l.!a-L1 1 • of ~~l ~ ~~''~-T `~P _ - ~ ~~r • ~ .~~i~ .r'~ V` a ~ . m:. Ili - . L~ ~ h~ K~ ry I mV 'r ~iu u a _ sfi:3 ~ 'Omy6 i i 4v~~.: _ m - `~'s u 3 ~ ~ it k ~ ~ " M , +y~ E ~ .c~ ' ~ ~ ~ r~us ~ ~ ~ P .tom 1 ~ ~ ~..{E,. C ~ W.4~~r;t ~r,. a ~ ~ ~ v, y. gg iv ch ~w 1+ ~ ~~~y~1H a ~1 ~ 1 y~ ~~n f~~~~,~.,~,~t w~ ~ d ~ `u, ;c~ ~ t~ ~~I,~• ~ ~ C ~ ~ ~ ~ ti. cn a ~ m m m m ro ro m ~ cc ~ ~ ~ ~o d k o~' 3 a 3~ ~ < ~ ~ 0 0 0 > > 3 ~ ~ m m io cD from ~ c c c d a p n n. m o m y frZ G O O n n ~ o c~n ~ ~ m m m D A ~ ~ ~ m ~ N .Z7 ~ _ ~ ` ~ C~ C~ C7 $ ~ D ~ D f7 m ~ D o Q7 ~ m o o a a ~ ~ ~ C ~ ~y ~ 0 0 o a ~ ~ ~ ~ ~ o - N a a ~rp~ ~p N' ~ ~ ~ y ^ ° ~ ~ a ~ fY ~ ~ ~ nL+ m caX O w o n c c b ~ a~_ m D o Cl ~ a m m b' S 3 m m U y O , 9' S a D n D ~ ~ ~ D D D D D rn Q W Q ~ a m a o m o u ~ a~~ ~ r- r O a ~ d ~ o ~ m ~ c y ° U a Q s~ Q ~ ~ ~ c Q v' o c a c c ~ a' $ ih ~ o ~ m n a o~~ d a d m ~ ~ ~ °i ° o n a ~ ~ ~ ~ ~ d ~ IA ~ ~ g' r a d d d~ N ~ 3 m ~ Q a Q c $ ~ ~ ~ c ~ ~ II s ~ a~ d „ d # 0 U p s a i m ~ o o~~~ m °oN ~ m mm ~ ~ ~ ~ c C c c C O O O c ` N T S` g C C ~ C 2~ 2~ 2 2~ 2~ .Z 2^ O d Q '~x' ~x' }}Cl ~ C C C C C G C G y~ C ~ W W LL 0 ~ v v d d `7 d ~ m l0 C ~N `N. (9 1 J ( ~ ~~JI ~~~10111 ~ f1 _ r- _ s___-_- - a. M1. ~ ~ ^li Y . I ~ ~ ~ L ..'f' fit.. F - I 9 ~ y ~ • J ~ ~ w M m w ,y ~StR~IE~ ~ u w , r t _ ~ ' ,rte ` ~ ~ ~ ~ , y ,yy ~~i •r~ _ ~ J~~ ~ 1`.. 1 . ~~h ass 9 y ~ r~~ r A '~~w11 i'~ ~"~~~~q s+"~ ~ l~ ti i~r i ~.;yi.,ur, r 1 u -t ~ m ~i ~ - - IF~i~ ' i ~ u' ~ ~ : ~ ~ I i ~ a, ~ i. 1 i~T ~ ~ „MAW i i~'f"i I~~~'~ 1~'~ ; o + ~ ~ 4~ ill I "~%iiil t ~ u-* II ~ y:..~ z, i ~ ~ + ~ J. ~ ~ 1 . ~ . i ` t T ~ ~ Iw~ b ~ 'W~V~ a'fl~ y _ i . t_,~ ¦ ~ ~ ~ _ ~ ~ ~ r ~ ~ ~ , i . Igo- i ii ~ ~+'~M. ~ ~ is , ,1- r I~ i n', ~i 1 _ w~M M1 ~ M ~ ~i , K w+? A M ".fit u ~h ~i IMIh~~iYI ~ ,~""9 ~ ~ ~ 4bb 1,~~ ~ '1. sN ~ ~ . r 1~ ~ ~ 4 y! w 44°° Y" ~a ~ ~ ~ ~t ~ , ~~e ; , ~ ~ ; ~ ! 4 ~ ~ ' 1 ~ ~ f ~ ~ u-" ` p 6 y e~~ ~ ~ R E3 `fir x = ~ t; _ ~ ~ r t ~ a 07/10/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #41- 03-JUL-2009 TO 10-JUL-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 1,592,983.49 582,426.95 001113 CDBG Supp Disaster Recovery Subgran 22,882.00 0.00 001181 FTA Section 5307 Operating & Capita 486.00 0.00 001184 CDBG 07 92.46 1,242.40 001188 Section 112/MPO/Fhwa/Planning 2007 977.76 38,117.71 001194 U.S. Dept of Housing & Community 20.07 266.24 001413 FL Dept. Of Transp Park & Ride 500.00 0.00 001434 Fla Comm for the Disadvantaged Tran 151.51- 2,807.23 001436 INTACT Inspired Network to Achieve 88.16 1,157.60 001501 CSBG 2008-2009 Dept of Health and H 7,907.96 835.60 001505 FDCA Emerg. Mgmt Prep & Assist FY09 51.73 0.00 001506 Us Dept of Health Earned Income Tax 3,210.00 0.00 101 Transportation Trust Fund 2,812.33 36,732.97 101001 Transportation Trust Interlocals 6,655.63 727.09 101002 Transportation Trust/80% Constitut 21,156.10 46,830.59 101003 Transportation Trust/Local Option 11,222.62 47,840.47 101004 Transportation Trust/County Fuel Tx 14,278.34 17,189.55 101006 Transportation Trust/Impact Fees 2,342.11 0.00 102 Unincorporated Services Fund 59,081.41 78,264.86 102001 Drainage Maintenance MSTU 140,386.02 5,420.16 102809 Paradise Park Phase 2 SFWMD 3,402.00 0.00 103 Law Enforcement MSTU 8,756.72 0.00 107 Fine & Forfeiture Fund 144,126.38 160,753.61 107001 Fine & Forfeiture Fund-Wireless Sur 6,283.31 1,113.60 107002 Fine & Forfeiture Fund-E911 Surchar 84.92 1,113.60 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,381.75 0.00 107006 F&F Fund-Court Related Technology 3,637.01 8,736.95 107158 USDOJ Edward Byrne Mem Justice 2009 7,191.62 0.00 107204 FL Dept Juvenile Justice-DMC Civil 294.25 1,507.10 107205 Juvenile Justice & Delinquency Prev 1,717.74 2,076.00 111 River Park I Fund 93.28 0.00 112 River Park II Fund 20.27 0.00 113 Harmony Heights 3 Fund 9.52 0.00 114 Harmony Heights 4 Fund 17.36 0.00 115 Sheraton Plaza Fund 655.26 0.00 116 Sunland Gardens Fund 23.27 0.00 117 Sunrise Park Fund 7.64 0.00 118 Paradise Park Fund 910.69 0.00 119 Holiday Pines Fund 34.11 0.00 120 The Grove Fund 9.38 0.00 121 Blakely Subdivision Fund 6.18 0.00 122 Indian River Estates Fund 39.83 0.00 123 Queens Cove Lighting Dist#13 Fund 12.00 0.00 126 Southern Oak Estates Lighting 7.69 0.00 129 Parks MSTU Fund 15,551.18 0.00 130 SLC Public Transit MSTU 54,801.25 2,176.18 130100 FTA 5307 Capital and Operating assi 129,275.00 0.00 130204 FDOT - Intermodal Facility Grant 14,138.00 0.00 07/10/09 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #41- 03-JUL-2009 TO 10-JUL-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 136 Monte Carlo Lighting MSTU#4 Fund 58.90 0.00 138 Palm Lake Gardens MSTU Fund 12.99 0.00 139 Palm Grove Fund 29.34 0.00 140 Airport Fund 23,126.92 14,993.02 140133 Construct Runway 9L/27R/Fence 542,633.22 0.00 140335 Parallel Runway Design-9L/27R 28,559.63 0.00 140347 Rehab Runway 9/27 21,259.07 0.00 140351 Install Access Control System 3,972.29 0.00 150 Impact Fee Collections 114.61 1,523.20 160 Plan Maintenance RAD Fund 489.18 3,351.26 183 Ct Administrator-19th Judicial Cir 5,505.48 3,009.49 183001 Ct Administrator-Arbitration/Mediat 640.00 0.00 183004 Ct Admin.- Teen Court 394.11 5,404.72 183006 Guardian Ad Litem Fund 226.94 0.00 184205 FDEP Fort Pierce Shore Protection P 2,109.02 0.00 184209 FDEP - Fort Pierce Shore Protection 37,049.88 0.00 184211 FDEP South SLC Beach Restoration 15,811.78 0.00 184212 Fort Pierce IMP Implementation 34,722.96 0.00 185009 FHFA SHIP 2007/2008 443.02 2,060.48 189100 Home Consortium 45,102.51 1,340.00 189201 FHFC Hurricane Housing Recovery Pla 24,092.69 3,500.01 242 Port I&S Fund 976.27 0.00 282 Environmental Land I&S Fund 5,261.19 0.00 315 County Building Fund 8,694.61 0.00 316 County Capital 63,352.99 0.00 317 County Capital-St Revenue Share Bnd 6,445.00 0.00 39007 Indian River Estates MSBU 3,064.15 0.00 401 Sanitary Landfill Fund 269,669.88 57,737.50 418 Golf Course Fund 12,150.33 21,877.99 451 S. Hutchinson Utilities Fund 487.03 3,382.68 458 SH Util-Renewal & Replacement Fund 39.56 535.69 461 Sports Complex Fund 6,362.19 18,758.23 471 No County Utility District-Operatin 18,288.95 7,891.43 478 No Cty Util Dist-Renewal & Replace 103.36 1,316.92 479 No Cty Util Dist-Capital Facilities 2,067.95 1,586.27 491 Building Code Fund 2,828.56 33,425.62 505 Health Insurance Fund 619,658.91 3,988.44 505001 Property/Casualty Insurance Fund 53,211.71 0.00 611 Tourist Development Trust-Adv Fund 8,534.54 1,905.77 625 Law Library 6,756.15 0.00 665 SLC Art in Public Places Trust Fund 4,148.44 0.00 801 Bank Fund 229,785.00 0.00 GRAND TOTAL: 4,388,711.60 1,224,925.18 AGENDA REQUEST ITEM NO. VI - B DATE: July 14, 2009 0 - REGULAR [ ] o r _ _ _ 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: Revocable License Agreement MasTec North America, Inc. Totten Road BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement with MasTec North America, Inc., authorize the Chair to execute the Agreement and direct MasTec North America, Inc. to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: dC] APPROVED [ ]DENIED [ ]OTHER VI-Bl PULLED FOR SEPARATE Faye W. Outlaw, MPA voTE. County Administrator APPROVED 4-0 Comm. Dzadovsky Abstained from vote. C.~ Review and Approvals [x] County Attorney: [x] Road and Bridge [x] Public Works: ~ ' Daniel S. McIntyre Don Pauley Don Wes 1" [x] Originating Dept: ~Y'r~-~ [x] Engineering: [ ]Purchasing: JoAnn Riley Mike Powley ~•w+ a- YK~-'`'~~~~~~ PROPERTY ACQUISITION DIVISION ® 1VIEIVIORANDUIVI © e TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE July 14, 2009 SUBJECT: Revocable License Agreement MasTec North America, Inc. Totten Road BACKGROUND SunState Remediation Services, LLC, on behalf of MasTec North America, Inc. proposes to conduct a 5-day overpumping event for the remediation of residual petroleum contamination from the former UST system at the MasTec, Inc. site as per the Florida Department of Environmental Protection (FDEP) approved Remedial Action Plan Modification. SunState has submitted a dewatering plan to discharge groundwater into the County's storm drain conveyance system during this process. Public Works wilt oversee the process and will be provided with the testing results to insure clean water will be released into the storm water system before the water is discharged. MasTec, Inc. has applied for their permits with South Florida Water Management District and North St. Lucie River Water Control District. RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement with MasTec North America, Inc., authorize the Chair to execute the Agreement and direct MasTec North America, Inc. to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, `~T Ann Riley Property Acquisition Manager i FOSTER AVE j i f i I i I i I i Subject _T 1 f i i ~ r-- _ , y 1 1 ~ f ~ `t 4 ' ~ j / l Z ~ ` 't y i f C ~ , i , ` f. f } l ~i } ~ i ~ i , ..y y \ i i r ~-I \ 1 f ~ 'i 1., ~ 08~~ RO I o ~ - i ~ j ~ j ~~l ~ ~ i ~ x ~ ~ • ~ 'i t~1~ rr~Tr, i~~:~~t-:raiarita! ,SF:~a'i~:t:w. LLC May 18, 2009 VIA EMAIL Iicausij@stlucieco.org Ms. Janet Licausi St. Lucie County Engineering Division 2300 Virginia Avenue Fort Pierce, Florida 34982 RE: LICENSING APPLICATION MasTec, Inc. 1819 Totten Road Ft. Pierce, St. Lucie County, Florida FDEP FAC ID #568631046 Dear Ms. Licausi: Sunstate proposes to conduct a 5-day overpumping event for the remediation of residual petroleum contamination from the former UST system at the MasTec, Inc. site (Figure 1) as per the Florida Department of Environmental Protection (FDEP) approved Remedial Action Plan Modification (Attachment A). The system will consist of 15 wellpoints installed radiating outward from monitoring well MW-18 in all directions (Figure 2). The wellpoints will be jetted in to depths of 12 feet below land .surface (screened from 10 to 12 feet) at an approximate spacing of S feet and plumbed into a 6-inch-diameter manifold header. The manifold header will be connected to a 6-inch dewatering pump capable of producing 540 gallons per minute. An in- line electronic flow meter will be incorporated between the dewatering pump and treatment system for cumulative flow measurements. The estimated dewatering system flow rate will be 40 gallons per minute based on previous overpumping events conducted using monitoring well MW-18. The effluent from the dewatering system will be discharged into aholding/settling tank, pumped through a portable air-stripping unit and discharged into the drainage swale/culvert beneath Foster Avenue along the west side of Totten Road (Figure 3). The drainage swale discharges into the North St. Lucie River Water Control District Canal #6, approximately 1,300 feet north of the site. The proposed portable air-stripping unit was designed utilizing the most recent groundwater analytical results (June 19, 2008) from MW-18 (most contaminated monitoring well) at an estimated flow rate of 100 gpm (40 gpm + 2.5 safety factor). Sunstate anticipates the dewatering/treatment system to be installed and activated on a Monday morning, operated continuously from Monday morning through Friday afternoon, and deactivated and removed on Friday afternoon. The project is tentatively scheduled to begin in mid to late June 2009. ' St. Lucie County Engineering MasTec, Inc. May 18, 2009 Page 2 Daily influent and effluent groundwater samples will be collected prior to and after the treatment system to monitor the groundwater remediation process as per the Generic Permit for Discharge from Petroleum Contaminated Sites. The groundwater samples will be submitted to a NELAC- certified laboratory for analysis using EPA Methods 624 (BTEX+MTBE) and 625 (PAHs) on an expedited (24-hour) turnaround as originally proposed in the RAP Modification. Should you have any questions or require additional information, please do not hesitate to contact me at (863) 644-8118, extension 239. Sincerely, i G E. 'hn, P.G. Vice President Attachments ~~pQ,OTEf110N ; ~ Charlie Crist ~o _ Florida Department of Govemor _ Environmental Protection )effxottkain P ~:.:.r _ ' Lt. Govemor ~ Bab Martinez Center o FLO~R.. ~A ~ 2b00 Blair Stone Road Michael VJ. Sole ~"-'`y - - _ Tallahassee, Florida 32399-2400 Secretary January 16, 2009 Mr. Charles D. Duff MasTec Inc. 7221 Dr. Martin Luther King Boulevard East Tampa, FL 33619 Subject: Remedial Action Plan Modificatior Approval Fort Pierce Contracting Corp 1819 Totten Road Ft. Pierce, St. Lucie County FDEP Facility ID# 568631046 Discharge Date: 08/22/1991 (ATRP) Discharge Score: 71 RA Initiative; No Dear Mr. Duff: The Bureau of Petroleum Storage Systems (BPSS) has reviewed the Remedial Action Plan Modification (RAP Mod) dated September 23, 2008 (received September 29, 2008), including supplemental information received through.January 16, 2009, prepared and submitted by SunState Remediation Services, LLC, for the petroleum product discharge referenced above. We found all the documents submitted to date to be adequate to meet the RAP requirements of Rule 62-770.700, Florida Administrative Code (F.A.C.). This RAP Mod, in conjunction with~the original RAP approved by the Florida Department of Environmental Protection on July 15, 1993, provides a reasonable strategy toward accomplishing the cleanup objectives of Chapter 62-770, F.A.C. This approval is contingent upon compliance with all conditions of the NPDES Generic Permit for Discharges from Petroleum Contaminated Sites. For your information, the BPSS's approval of the RAP Mod should not be construed that we have agreed to the costs described in the plan for funding under the preapproval program. Our review of the RAP Mod at this time is to evaluate technical feasibility, effectiveness, compliance with required levels of groundwater treatment and air emissions concerns, and general cost-effectiveness of the proposed remediation strategy. If subsequent costs will be paid from the Inland Protection Trust Fund, the site manager assigned to this site at the BPSS will negotiate the allowable cleanup cost to implement the approved RAMP with the appropriate cleanup contractor. A proposal to implement the actions proposed in the RAP Mod needs to be submitted for this facility and will be requested from the appropriate cleanup contractor. "AA nrr~ Drn~r..~f~...+ 1 D........_.~ P.E. CERTIFICATION Remedial Action Plan Modification (RAP Mod) dated September 23, 2008 (received September 29, 2008), for Fort Pierce Contracting Corp, located at 1819 Totten Road, Fort Pierce, FDEP Facility ID# 568631046. 1 hereby certify that in my professional judgment, the components of this RAP Mod prepared for the 08/22/1991 petroleum product.discharge discovered at the above-referenced facility satisfy 'the requirements set forth in Chapter 62-770, Florida Administrative Code (F.A.C.), and that the engineering design features incorporated in this plan provide a reasonable strategy toward accomplishing the cleanup objectives of Chapter 62-770, F.A.C. However, I have not evaluated and do not certify aspects of this plan that.are outside my area of expertise (including, but not limited to, electrical, mechanical, and structural features). Implementation of this RAP Mod may not result~in a complete cleanup of the discharge to the applicable cleanup target levels referenced in Chapter 62-770; F:A:G, orsite-specific cleanup target-levels:- A-subsequent phase of remedial design or natural attenuation monitoring may be necessary to accomplish the comprehensive cleanup in accordance with Chapter 62-770, F.A.C. I personally completed this review. X This review was conducted by Mike Pennington working under my direct supervision. . ~ -4, e yc~.R..~Mobley, P.E. . Rrofassional'~ngineer#58115 . Pet'rbl`eum'Cle~nup`Section 3 t. . _ ' Date ~ _ Mr. Charles D. Duff ' January 16, 2009 Page two If you should have any questions concerning the review or the needed proposal, please contact me at (850) 245-8908 or at the letterhead address, Mail Station 4530. Sincerely, Ambika Tiwari Environmental Specialist II Petroleum Cleanup Section 3 . ~ Bureau of Petroleum Storage Systems Ambika.tiwari@dep.state.fl.us cc: Gary E. Kihn, Sunstate Remediation Services, LLC; 4518 Clements Road, Lakeland, FL 33811 Neil Overton, MasTec Inc:, 7221 Dr. Martin Luther Kirig Boulevard East, Tampa, FL 33619 File This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2009, by and between 5T. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida, 34982 (the "County") and MASTEC NORTH AIVIERICA, INC., 800 Douglas Road, 12'~ Floor, Coral Gables, FL 33134 (MasTec or the "applicant"). WHEREAS, fire County is the owner of the property described as: THAT PORTION OF A COUNTY ROAD RIGHT-OF-WAY, KNOWN AS TOTTEN ROAD, LYING IN SECTION 17, TOWNSHII' 35SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA WHEREAS, MASTEC NORTH AMERICA, INC. is the owner of property located at: 1819 Totten Road Fart Pierce, FL 34482 WHEREAS, MasTec is requesting permission to discharge groundwater into the County's storm drain, located on Totten Road. Sunstate Remediation Services, LLC ("Sunstate") was approved by Florida Department of Environmental Protection to conduct a 5-day ove~pumping event for fire remediation of residual petroleum contamination from the former UST system at the MasTec site. W;FIERI;AS, a Remedial Action Pl<1n Modification from the Florida Department of Enviroiunental Protection is included as attached Figure 1. WHEREAS, Sunstate submitted a Water Use Pem~it Application to South Florida Water Management District ("SFWMD") who requested ~i authorization letter from the County allowing Sun State to discharge treated groundwater to the County conveyance system. WI3EREAS, the County has agreed to allow dte treated groundwater into the County's conveyance system subject to dle terms and conditions set forth in this Revocable License Agreement and any correspondence with die County Engineer. NOW, T13EREFORE, in consideration of d1e mutual covenants set forth herein, die parties agree as ' follows: 1. Prior to initiation of dewatering, the applicant shall have obtained and provided the St. Lucie County Environmental Resources Department with copies of any required federal and state pern~its/approvals. If federal or state agency compliance requires modification to the remediation plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by die Land Development Code. The applicant will not use the County's approval to prevent compliance with any federal or state agency requirements 2. The County agrees to grant MasTec a ]vtrited Revocable License Agreement for the purpose of discharging treated groundwater to a Crninty conveyance system, as indicated on the attached Figures 2 and 3. Sunstate must notify the County 72 hours in advance of starting work at the site MasTec's consultant, Sunstate's system consist of 15 wellpoints installed radiating outward from monitoring well MW-18 in all directions, (Figure 2). The wellpoints will be jetted in to depths of 12 feet below land surface (screened from ] 0 to 12 feet) ai an approximate spacing of 5 feet and plumbed tin a 6-inch diameter manifold header. The manifold header will be connected to a b- inch dewatering pump capable of producing X40 gallons per minute. An in]ine electronic flow meter will incorporated between the dewatering pump and treatment system for cumulative low measurements. The estimated dewatering system flow rate will be 40 gallons per minute based on previous overpumping events conducted using monitoring well MW-] 8. The effluent from the dewatering system will be discharged into a holding/seNing tank, pumped through a portable air-stripping unit and discharged into the drainage Swale/culvert beneath Foster Avenue along the west side of Totten Road. The drainage Swale discharges into the North St. Lucie River Water Control District Cana] #6, approximately 1,300 feet north of the Site. The proposed portables air-stripping unit was designed utilizing the most recent groundwater analytical results from MW-l 8 (most contaminated monitoring well) at the estimated flow rate of 100gpm (40gpm + 2.5 safety Factor) Daily influent and effluent grounder water samples will be collected prior to and after the treatment system to monitor the groundwater remediation process as per the Generic Permit for Discharge from Petroleum Contaminated Sites. The graundwater samples will be submitted to a NELAC-certified laboratory for analysis using EPA Methods 624 and 625 on an expedited (24 hour) turnaround as originally proposed in the RAP Modification. 3. If the results are not below the discharge limits, MasTec will adjust and repeat until favorable. MasTec will sunoly the County with the results of the treated troundwater and have the County's approval odor to releasing groundwater in the County's stonnwater svstem. Provide Iason Bessey will results of testine prior to dischazae of water in the County Swale svstem. 7721F62- 1668. The dewatering activities to the County conveyance system will be conducted after favorable results and last for approximately 5 days, 24 hours per day with samples collected every 12-24 hours. Sunstate will place barricades or set up a health and safety barrier over the discharge hose along Totten Road to protect pedestrians and traffic. 4. The County shall have the right, at the discretion of the County Engineer or the Road & Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at MasTec's sole expense .upon 5 days written notice to MasTec. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that MasTec perform certain alterations to the discharge of the treated groundwater in the County's storm drain conveyance system at MasTec's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. MasTec shall, at all times, maintain the dewatering discharge so as not to be a detriment to the traveling public, and any damage to the right-of--way, pavement, or roadbed during installation or maintenance operations shall he immediately corrected to the satisfaction of the County Engineer or Road and Bridge Manager. Please contact County Rieht-of-way inspector, Connie Lawson prior to any work beine done in rieht-of-way, 772-216-1024. 5. MasTec shall locate the dewatering discharge of groundwater in accordance with all applicable building and highway codes and safety regulations of the County and State of Florida, and shall be maintained solely at the expense of MasTec. MasTec must repair any damage to swales and must be in working condition. 6. MasTec agrees to allow County employees access to the location for County purposes as determined by the County Engineer. 7. MasTec agrees to provide copies of the results of the sampling of the dewatering located in the swales of Totten 12oad to the County Engineer. 8. Al] notices, requests and other communications dealing directly or indirectly with this license shat] be in writing and shall be (as elected by die person giving such notice) Band delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: With Copies to: County Engineer County Attorney Engineering Division Administration Building Annex 2300 Virginia Avenue, 2nd Floor 2300 Virginia Avenue, 3`a Floor Fort Pierce, FL 34982 Fort Pierce, FL 34982 Environmental Resource Division MasTec North America, Inc. Administration Building Annex 800 S. Douglas Road 12`" Floor 2300 Virginia Avenue, 3~ Floor Coral Gables, Florida 33134 Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on die date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or die notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 9. As consideration for the County agreeing to allow the discharge of groundwater into the County storm drain system, as set forth herein, MasTec and Sunstate agrees to indemnify and hold the County ]iarmless from and against al] claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above right-of--way by MasTec and Sunstate or their agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during MasTec's and 5unstate's use of the property. 10. MasTec shall pay to record this Revocable License Agreement in die Official Records of 5t. Lucie County, Florida. MasTec shall pay any document excise taxes and the cost of recording this Revocable License Agreement. W WITNESS WI3ERE0F, the parties have executed this Agreement on the day and year above first written. ATTEST; BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CI-LAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ' \ ~ l y ~1~3 ,_l) - ~ ~ i'~~` iv1ASTEC NORTH AMERICA, INNC. PRINT N.AI~1E j~ ~ . ITS , t, 1,..~ t• . C`, PRINT NAA4E STATE OF ~r l d r, cI a ) )S: COUNTY OF {.1.t Ilsba rd ~ a I.• The foregoing instrument was acknowledged before me this day of w„ ~ 2009, by ~a.r s ~ t7. L~ ~ AS jr. . of MASTEC NORTH AMERICA, INC. who ~rotl~s€c~ (-t3~aa-a~idestj€isataoH}.axd~vho did take an oath. Gtv~~ ~ s ~~+~snr.~l1~ k~^a~'~ , WITNESS my hand and official seal, this ~'u= day of _ SU r ~ 2009. .'~~Y,",~'% IYNNETTE M. GE0Rt3E My commission a 4 .2 Notary PubAo • State o! Fie ~ r"~ ` `ter ~ y : tAYCamtntsalonExphasJut23, Signature ofNotary Public Canmlteton 8 DD 683879 ~-~11~J ~ • 1~1i-)N SUNSTAT REMEDIA ION SERVICES; LLC BY: PRINTNAME ~ " ` l ITS ~-+;.~Ct.,S~(~~ W s 1 W lti i ~~-•E` (seal) PRINT NAIv1E STATE OF FL )ray S: COUNTY OF o ) ^The foregoing instrument was acknowledged before me this day of ~n, e- 2009, by to a ~ v L' , t~'~ r. AS ~ of SUNSTATE REIvIEDIATION SERVICES, LLC who produced b, L . (type of identification) and who did take an oath. WITNESS my hand and official seal, this o29 day of J N,,, ~ 2009. vt'~ P° MORRIS A. BFrIVCIM iVI cd~lon~E~t~tt~tlSStON#DDd12941 , ~erti~M~~ EXPIRES: Jno.31, 2010 ~ Signature of Notary Public (40~ 398.0153 Florldn IJolnry 9e~vicaoom J J } ~ > W ~ ~ O ~ ~ ~ O p O ~ w ~ ~ ~ ~ Z ~ J ~ W ~ ~ W J O W U Z w U Q 3 z v a J Z W Y- (n r ~ ~ OC ~ O ~ ~ > z W t- ~ O O N ~ ~ O w w N U7 cn ~ o ~ = a ~ ~ ~ ~ 0 o ~ z Z at/02i N31101 U w O d ~n m _.o. a a m ~ ~ ~ ~ ~ ~ n o 00 J ~ ~ m m m I U r7 n ~ N u ~ ~ ° CO ~ ~ Z U I ~ I \J li N ~ ~ ~ ~ d' - - ~ ~ W ~ a0 O ~ ~ ~ ~ I F-- w W N ~ ~ ~ ~ ~ I ® Q a J ao ~ ~ O O U ~~v ~ a i O I~ ~ oo rn Q ~ ~ 3 ~ I > Y l u ~ O ~ O yid O ~ I U ~ 3 N C ~ Ul [O ~ ' to, I l~ ~L W i ~ ~ ~ ~ ~ l ~ ~ N O J I //y/vt- ~ / W \J J J m J O 3 I ~ ~ ~ m 3 ~ ~ ~ x ~ W ~ .~4~ N I AGENDA REQUEST ITEM NO. VI-B-2 DATE: July 14, 2009 ~ , - ~ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Clarence and Pauline Gauck for delinquent Impact Fees pursuant to Resolution No. 09-114. BACKGROUND: See CA No. 09-0750 PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the attached Impact Fee Payment Agreementwith Clarence and Pauline Gauck and sign the Agreement as drafted by the County Attorney's Office. COMMISSION ACTION: CONCURRENCE: pc] APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator ~ ~ Review and Approvals [X] County Attorney: ~ [ ]Management & Budget: [X) Public Wo Daniel MGntyre Chris estrang [ ]Road & Bridge.: [)Parks & Recreation Director (]Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 01!09 INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 09-00750 DATE: July 14, 2009 SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Clarence and Pauline Gauck for delinquent Impact Fees pursuant to Resolution No. 09-114. BACKGROUND: St. Lucie County has adopted ordinances establishing impact fees so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public buildings, roads and parks in St. Lucie County. On September 6, 2005, the Board of County Commissioners approved Ordinance No. 05-030 which provided for an alternative method for collection of impact fees for public buildings, roads and parks. ' The alternative collection mechanism provided for the County to serve an Impact Fee Statement notice upon the Fee Payer. If the impact fees were not paid and became delinquent, the County served a Notice of Lien upon the Fee Payer and the Owner. The Notice of Lien advised that upon failure to pay the impact fees, the County would record a Claim of Lien with the Clerk of the Circuit Court. Once recorded, the Claim of Lien constituted a lien against the property. On February 3, 2009, the Board of County Commissioners granted permission for the County Attorney to file suit to foreclose said lien(s). It has been requested by Fee Payers to enter into a payment plan to pay the unpaid principal balance, accrued interest, late charges and other default-related costs recoverable under the terms of the Lien. Resolution No. 09-114 allows the Board of County Commissioners to enter into a payment plan with the delinquent fee payer. Such payment schedule shall be in conformity with the following guidelines: A) The terms of the Payment Schedule must be included within a binding Agreement between St. Lucie County and the Fee Payer. B) The Fee Payer shall agree to pay equal monthly payments for a term not to exceed 18 months beginning the month following execution of the Agreement. Payments shall be calculated on a calendar day basis, until paid in full, using the total impact fees, plus the delinquency fee and interest set at the statutory rate for final judgments. An amortization table shall be attached to the Agreement. C) In the event that an action in bankruptcy, mortgage foreclosure or any other interests in the land is instituted, then the full amount of the impact fee shall immediately be due and the County will be authorized to protect any interest that it has in that property. D) Monthly payments will only be accepted for the agreed amount. However, nothing shall prohibit paying the entire balance due at any time during the 18 month term. E) The lien imposed upon the property for the payment of the delinquent impact fees shall remain in place and shall not be released until all impact fees and delinquency fees are paid in full; F) In consideration for the Agreement authorizing the payment of impact fee under a schedule, the Fee Payer shall waive any rights they may have under the statute of limitations or any other law for the institution of an action for the foreclosure of the lien. Clarence and Pauline Gauck of 9137 Cove Pt. Cir., Boynton Beach, FL have asked for your consideration to enter into the Impact Fee Payment Agreement. Their payment would be $240.27 for 18 months for a total of $4324.86. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Clarence and Pauline Gauck and sign theAgreement as drafted bythe CountyAttorney's Office. Respectfully submitted, KMS/cb Katherine Mackenzie-Smith Attachment Assistant County Attorney IMPACT FEE PAYMENT AGREEMENT 1. PARTIES. "PAULINE and CLARENCE GAUCK" means "GAUCK" and their successors and assigns. "County" means St. Lucie County, a political subdivision of the State of Florida, and its successors and assigns. 2. IMPACT FEE LIEN. On November 21, 2006, the County recorded a Claim of Lien for failure of impact fees to be paid. 3. PROMISE TO PAY. GAUCK promises to pay the principal sum of $2939.00 plus interest fees and cost for a total of $4031.45. Interest will continue to accrue on this amount until paid in full. GAUCK agrees that the impact fees due are valid and enforceable against the property. 4. MANNER OF PAYMENT. A. On or before the fifth day of each month, GAUCK shall pay $240.27 dollars to the County. B. Payment .shall be made at the office of Code Compliance, 2300 Virginia Avenue, Fort Pierce, Florida, 34982, or at such other place as the County may designate in writing to GAUCK. 5. RIGHT TO PREPAY. GAUCK has the right to pay the entire debt evidenced by the Agreement, prior to the dates set forth above in paragraph 4. Monthly payments will only be accepted for agreed amount. 6. FAILURE TO PAY/SALE OF PROPERTY A. If GAUCK defaults by failing to pay in full any payment required hereunder, the County may require immediate payment in full of the balance remaining due. The County may choose not to exercise this option without waiving its rights. B. If GAUCK sells the Property, the County will require immediate payment in full of the balance remaining due. C. If the County has required immediate payment in full, as described above in paragraph 3, the County may require GAUCK to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this note. D. County may foreclose the liens and this Agreement without further notice. E. County may exercise all other rights available to it under written agreement or applicable S:\ATTY\SUITS\t -Foreclosure Blank Forms\Impact Fee Lien Foreclosures\Gauck, Clarence & Pauline - 1901 SW LenoxWgreement.wpd Page 1 of 3 law. County's rights are cumulative and may be exercised together, separately, and in any order. 7. WAIVERS. GAUCK and any other person who has obligations under this Agreement waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the County to demand payments of amount due. "Notice of dishonor" means the right to require the County to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES. Unless applicable law requires a different method, any notice that must be given to GAUCK under this Agreement wilt be given by delivering it or by mailing it by first class mail to GAUCK at 9137 Cove Pt. Cir., Boynton Beach, FL 33437 or at a different address if GAUCK has given the County written notice of a different address. Any notice that must be given to County under this Agreement will be given by first class mail to the County at the address stated in paragraph 4. B, or at a different address if GAUCK is given a notice of that different address. BY SIGNING BELOW, the parties accept and agree to the terms and covenants contained in this Agreement. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA - BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: CLARENCE GAUCK -r f , ~ ,C Print Name: ( ~ ~ t° f ~ c ~ ~ r ~ ~r u~~ WITNESSES: PAULINE GAUCK Print Name: , , ~ i.~ ~ S:\ATTY\SUITS\7 -Foreclosure Blank Forms\Impact Fee Lien Foreclosures\Gauck, Clarence & Pauline - 1901 SW Lenox\Agreement.wpd Page 2 of 3 IMPACT FEE PAYMENT AGREEMENT Address 1901 SW Lennox Street Public Building -Correction $ 237.45 Tax ID number 3420-550-1092-0007 Public Building - Other $ 118.55 Permit number 0625628 Parks $ 468.00 Road $ 2,115.00 $ 2,939.00 10% Delinquency fee $ 293.90 Loan amount $ 4,031.45 $ 3,232.90 Annual interest rate 9.00% Interest (11-Ob-Ob to b-30-09) $ 770.05 Loan period in years 1.5~ Recording fees $ 28.50 Start date of loan i 7 /1 /2009 1 Loan amount $ 4,031.45 Monthly payment $ 240.27 Number of payments 18 Total payment $ 4,324.86 Payment Beginning Monthly No. Date Balance Payment Principal Interest Ending Balance Payoff Amount 1 8/1/2009 $ 4,031.45 $ 240.27 $ 210.03 $ 30.24 $ 3,821.42 $ 4,061.69 2 9/1/2009 $ 3,821.42 $ 240.27 $ 211.60 $ 28.66 $ 3,609.82 $ 3,850.08 3 10/1/2009 $ 3,609.82 $ 240.27 $ 213.19 $ 27.07 $ 3,396.63 $ 3,636.89 4 11/1/2009 $ 3,396.63 $ 240.27 $ 214.79 $ 25.47 $ 3,181.83 $ 3,422.10 5 12/1/2009 $ 3,181.83 $ 240.27 $ 216.40 $ 23.86 $ 2,965.43 $ 3,205.70 6 1/1/2010 S 2,965.43 $ 240.27 $ 218.02 $ 22.24 $ 2,747.41 $ 2,987.67 7 2/1/2010 $ 2,747.41 $ 240.27 $ 219.66 $ 20.61 $ 2,527.75 $ 2,768.01 8 3/1/2010 $ 2,527.75 $ 240.27 $ 221.31 $ 18.96 $ 2,306.44 $ 2,546.71 9 4/1/2010 $ 2,306.44 $ 240.27 $ 222.97 $ 17.30 $ 2,083.48 $ 2,323.74 10 5/1/2010 $ 2,083.48 $ 240.27 $ 224.64 $ 15.63 $ 1,858.84 $ 2,099:10 11 6/1/2010 $ 1,858.84 $ 240.27 $ 226.32 $ 13.94 $ 1,632.51 $ 1,872.78 12 7/1/2010 $ 1,632.51 $ 240.27 $ 228.02 $ 12.24 $ 1,404.49 $ 1,644.76 13 8/1/2010 $ 1,404.49 $ 240.27 $ 229.73 $ 10.53 $ 1,174.76 $ 1,415.03 14 9/1/2010 $ 1,174.76 $ 240.27 $ 231.45 $ 8.81 $ 943.31 $ 1,183.57 15 10/1/2010 $ 943.31 $ 240.27 $ 233.19 $ 7.07 $ 710.12 $ 950.38 16 11/1/2010 $ 710.12 $ 240.27 $ 234.94 $ 5.33 $ 475.18 $ 715.44 17 12/1/2010 $ 475.18 $ 240.27 $ 236.70 $ 3.56 $ 238.48 $ 478.74 18 1/1/2011 $ 238.48 $ 240.27 $ 238.48 $ 1.79 $ - $ 240.27 Printed: 6/16/2009 Page 3 of 3 ITEM NO. VI.B j ~ ~ - - DATE: 7/14/09 _ ® AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI,JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark Godwin SUBMITTED BY: County Attorney Criminal Justice Coordinator SUBJECT: Certificate of Participation for the Byrne Memorial Justice Assistance Grant (JAG) Program for FY2009/2010 from the Florida Department of Law Enforcement in the amount of $214,095.00. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the County's participation as the coordinating unit of government in the FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Furthermore, staff recommends that if the grant funds are awarded, then the County would receive and distribute funds equally to each law enforcement agency (F.P.P.D., P.S.L.P.D., and S.L.S.O.). COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER ~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sig natures County Attorney ( ) OMB Director ( ) Budget Analyst am ~ ~ (Name) Cti~,~y~~~~' Originating Dept. ~ `r~.-- Co~~ ERD ( ) (Name) v (Name) r INTER-OFFICE MEMORANDUM 1 I ~ ST. LUCIE COUNTY, FLORIDA r L_L L__~~7 ~ y. TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 09-0860 DATE: July 14~`', 2009 SUBJECT: 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) BACKGROUND: The Florida Department of Lnw Enforcement anticipates an award form the U.S. Department of Justice for Federal Fiscal Year 2009 in the amount of $214,095.00. These funds have been used in the past year by the Fort Pierce Police Department, the Port St. Lucie Police Department and the St. Lucie County Sheriff's Office. The programs that the Byrne Grant supported included a Crime Analysts for tracking Sexual Offenders, Pharmaceutical Diversion Program, and n Gang Abatement Program. In May of this year, the Florida Department of Law Enforcement also released $878,816,00 in Byrne funds that were approved by the Board for the St. Lucie County Sheriff's Office, Ft. Pierce Police Department and the Port St. Lucie Police Department. There is no match required. Recommendation /Conclusion: Staff recommends that the Board approve the County's participation as the coordinating unit of government in the FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Furthermore, staff recommends that if the grant funds are awarded, then the County would receive and distribute funds equally to each law enforcement agency. espectfulllyG s bmit? ark J: Godwin, Criminal Justice Coordinator i 07/06/2009 MON 11:16 FAX X001/004 • Florida Department of Office of Criminal Justice Grants Charlie Crist. Governor Lav:~ Enforccrl7ent Post Office Box 1489 Bill P,AcCollum, A(1o7~ney Genc-ra! Tallahassee, Florida 32302-1489 Alex Sink, Chief Financial Officer Gerald I'A. Br;~iley (II50) 617-1250 Charles H. Bronson, Cornmissivner ofAyriccdture - 00117 /7 71SSIC)nBr' ~Ww1N. (Ie.S1afG. Ll1S June 24, 2008 The Honorable Paula Lewis Chairperson, St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Federal Fiscal Year (FFY) 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -JAG Countywide Dear Chairperson Lewis: The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice (USDOJ) for FFY 2009 JAG funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. These funds are in addition to the Recovery Act JAG Countywide allocation that was announced in a separate letter. FDLE has set aside $214,095 funds for use by all units of government within St. Lucie County. The enclosed Program Announcement provides an overview of these funds and can be used by local units of government to support a broad range of activities to prevent and control crime and to improve the criminal justice system. As a condition of participation in this program, the units of government in each county must reach a consensus concerning the expenditure of these funds. This consensus must include the projects to be implemented as well as the agency responsible for such implementation. Developing such consensus will require someone to exercise leadership and assume a coordinating role in the development of applications for these funds. FDLE recommends that the Board of County Commissioners assume this responsibility. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Service • integrity • Resl.7ec1 • Quality 07/06/2009 MON 11:17 FAX X002/004 ; CERTIFICATE OF PARTICIPATION , Edward Byrne Memorial Justice Assistance Grant (JAG) Program Date: Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts Declines _ the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Title: E-mail address: Agency: Address: Telephone: County: Date: Sincerely, Chair, Board of County Commissioners 07/06/2009 MON 11:17 FAX rdJ003/004 PROGRAM ANNOUNCEMENT FEDERAL FISCAL YEAR 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program The State of Florida, Department of Law Enforcement (FDLE), anticipates an award from the United States Department of Justice for $20,421,492 in Justice Assistance Grant (JAG) funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. This announcement is to notify eligible applicants of program requirements. Eligible Applicants Units of local government are eligible to receive subgrants from FDLE. "Units of local government" means any city, county, town, township, borough, parish, village, or other general-purpose political subdivision of a State and includes Native American Tribes that perform law enforcement functions as determined by the Secretary of the Interior. Program Strategy and Purposes JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant {LLEBG) Programs to provide agencies with the flexibility to prioritize and to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice. Local units of government receiving JAG funding have the flexibility to implement projects in any of the seven federally approved purpose areas, listed below. 1) Law enforcement programs 2} Prosecution and court programs 3) Prevention and education programs 4) Corrections and community correc#ions programs 5) Drug treatment programs 6} Planning, evaluation, and technology improvement programs 7) Crime victim and witness Programs Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. Coordination Efforts Each county is allocated a sum of money for use by all local governments within the county. This amount is determined through a funding algorithm established in the administrative rule. Chapter 11 D-9.005, Florida Administrative Code, requires that units of government in each county reach consensus concerning the expenditure of these funds, including the projects to be implemented and the agency responsible for such implementation. Page i 07/06/2009 MON 11:17 FAX X004/004 Maximum coordination is required to meet this program requirement, and the Department requests the county board of commissioners to serve as the coordinating - unit forall local governments within the-county: The Cflairman, Board of County Commissioners, in each county so notified is requested to return to the Department a statement of certification indicating the county's willingness to serve. This certification must be returned within 30 days from the date of receipt of notification. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Each county or coordinating unit of government is encouraged to form a criminal justice coordinating/planning group to identify and implement criminal justice priorities for the county, to plan strategies to address those priorities, to identify areas of greatest need, and to review all possible sources of revenue to make sure that funds go to the programs or issues that need them most. Furthermore, FDLE requires that units of government in each county reach consensus concerning the expenditure of the JAG funds, including the projects to be implemented and the agency responsible for such implementation. Each county must document this consensus by submitting letters from at least 51 percent of the units of government which also represents at least 51 percent of the population located in said county. Match Requirements There is no match requirement under the guidelines of the JAG program. Application Reauirements and Deadlines Once the Certificate of Participation form designating the coordinator for your county is received, the Office of Criminal Justice Grants will send this individual further information regarding the application process. Applicants must apply on-line using FDLE's grant management system. The deadline for the on-line submission is 5:00 P.M., Friday, Auaust 21, 2009. In addition, applicants must print out the completed application and submit two (2) hard copies (both with original signatures) no later than 5:00 P.M., Friday, August 28, 2009. A separate application must be submitted for each proposed project. Applications should be mailed or hand delivered to the Florida Department of Law Enforcement, Office of Criminal Justice Grants, 2331 Phillips Road, Tallahassee, Florida 32308, Attention: Clayton H. Wilder, Administrator. Applications must be accompanied by letters of approval representing agreement among at least 51 percent of all units of local government representing at least 51 percent of the county population as to the allocation of dollars to each project in the county. Questions regarding this Program Announcement should be directed to Clayton H. Wilder, Florida Department of Law Enforcement, at (850) 617-1250. Page 2 AGENDA REQUEST ITEM NO. VI-B-4 DATE: July 14, 2009 ~ - ~ REGULAR • PUBLIC HEARING CONSENT [XX] TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Permission to Advertise -Resolution No. 09-154 and Exchange Agreement with the City of Fort Pierce - Jetty Park/Lawnwood Pnrk Parcels BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant permission to advertise a notice of public hearing on August 11, 2009, for the proposed exchange as required by Section 125.37, Florida Statutes. COMMISSION ACTION: CONCURRENCE: APPROVED [ J DENIED [ ]OTHER: ~~ti - Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: ~ Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 - J ~ ~ INTER-OFFICE MEMORANDUM - ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-0832 DATE: June 29, 2009 SUBJECT: Exchange Agreement with the City of Fort Pierce - Jetty Park/ Lawnwood Park Parcels ~x********~******************~******************************************************* BACKGROUND: Attached to this memorandum is a copy of a draft Exchange Agreement with the City of Fort Pierce. As proposed, the County would convey the County-owned Jetty Park parcel (as identified on the attached maps) to the City. The County would retain an easement for access to the Jetty Park parcel for bench restoration, inlet and spur jetty maintenance projects. The City would also agree that the County would be able to continue to use a portion of "St. Lucie Court" for access and staging for beach restoration and renourishment provided that the area is available. As proposed, the City would convey the Chamber of Commerce parcel and the adjacent corner parcel (as identified on the attached maps) to the County. The parcels to be conveyed to the County include the old Chamber of Commerce building. Please note that the building contains 1880 square feet and will need a new roof, new air conditioning system and other renovations. County staff estimates that the needed repairs/renovations will cost an estimated $130,000.00. Under Section 125.37, Florida Statutes, before any exchange of County property may be effected, the County must publish a notice outlining the terms and conditions of the exchange and adopt a resolution authorizing the exchange. Attached is a copy of draft Resolution No. 09-154 which, if adopted, would authorize the proposed exchange. RECOMMENDATION/CONCLUSION Staff recommends that the Board grant permission to advertise a notice of public hearing on August 11, 2009, for the proposed exchange as required by Section 125.37, Florida Statutes. Respe tfully submitt d, . , Daniel S. McInt~rer County Attor~y, DSM/caf Attachments 07/02/2009 12:18 FAX 772 466 5492 CITY ATTORNEY'S OFFICE 1~j003/009 AGREEMEN'T' BETWEEN THE CITY OF FORT PIERCE AND ST. LUCIE COUNTY TO EJ~CHANGE REAL PROPERTY THIS REAL PROPERTY EXCHANGE AGREEMENT {hereinafter "Agreement") is entered into by and between THE CITY OF FORT PIERCE, FLORIDA, a municipal corporation, whose address is 100 North tJ.S_ highway 1, Fort Pierce, Florida, 34950 (hereinafter "City"), and ST. LUCIE COUNTY, a political subdivision of the Slate of Florida (hereinafter "County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 349$2-5652. WITNESSETH: WHEREAS, the County is an owner of a parcel of real property (henceforth "South Jetty Parcel") situate and being in 5t. Lucie County, Florida, more particularly described as follows: Parcel ID X436-343-0003-000-7 SEE LEGAL DESCRIPTION ANb SKETC$ ATTACHED AS EXHIBIT `~A". WHEREAS, the City is the owner of two parcels of real property (hereinafter collectively "Chamber of Commerce Parcels") situate and being in St. Lucie County, Florida. Such abutting properties are each of more particularly described as follows: Parcel ID 2~t16-504-0772-000-2 -Northeast corner of South 23`~ Street and Virginia Avenue, and Parcel ID 2416-504-0781-000-8 -Old Chamber of Commerce Building site. SEE LEGAL DESCRIPTION AND SKETCH ATTACI=IED AS EXHIBIT WHEREAS, the County and the City wish to exchange their respective parcels of real property described herein (known respectively as the South Jetty Parcel and the Chamber of Commerce Parcels). NOW, TITEREFORE, in consideration of the mutual covenants, representations, warranties and agreements herein contained, the parties agree as follows: 1. PROPERTY AND APPURTENANCES: The properties, as more particularly described herein, are to be conveyed together with all tenements, hereditaments and appurtenances thereunto belonging, all of which shall be deemed part and parcel of the properties- 2. FEASIBILITY T)ETERVIINATION: Each party shall have 20 days !'rom the effective date hereof to deternxiine the feasibility of the exchange (hereinafter 07/02/2009 12:18 FAX 772 466 5492 CITY ATTORNEY'S OFFICE f~004/009 "Feasibility Determination"). During the Feasibility Determination Period, each party may undertake, at their respective expense, such physical inspections, tests and other investigations as may be deemed necessary in order to evaluate the feasibility of the exchange of parcels, For purposes of undertaking physical inspections, tests or investigations of the properties, each party grants to the other, its agents, and professionals engaged by such parties, the right to enter upon the other party's parcel(s) and any part thereof during the Feasibility Determination. The presence on! the party of such personnel shall be only for the purpose of conducting such inspections, tests or investigations as are necessary to make the assessments which are within the scope of this Agreement, and nv other personnel activity shall be permitted. Any alterations or changes to the properties that are a direct result of the inspecting, testing and investigations will be repaired and replaced by the offending party if a closing does not occur. Each party indemnifies the other against any loss or damages to the other party's parcel(s) arising out of, or in connection with, any inspection, testing or investigation of the property. The indemnification shall not cover any loss or damage due to preexisting conditions, problems or deficiencies of the property that are discovered through the inspection, testing and investigation authorized herein. The decision as to whether it is feasible to exchange parcels shall be at the sale discretion of each party, if either party determines that it is not feasible to exchange parcels, then that party may teriminate this Agreement by giving written notice of termination to the other party prior to the expiration of the Feasibility Determination, 3. TITLE EVIDENCE: Within 10 days of the effective date, as hereinafter defined, each party shall cause a thirty (30) year title search and a commitment for title insurance to be issued for the property they desire to own and provide the other with copies of the same. Each party shall have until the expiration of the Feasibility Deter>rrzination Period to examine the search and commitment delivtrred to them and to notify the other party in writing specifying any objections which would render title unmarketable in accordance with current Uniform Title Standards adopted by the Florida Bar (hereinafter "Title Defect"). The notified party shall have until the closing date to remove such Title Defect, but without obligation to bring suits therefore, or to expend any funds in the removal of such Title Defect, and if the notified parties are unsuccessful in removing same, the other party shall have only the options of (a) waiving such Title Defect and accepting title as it is, or (b) terminating this Agreement, or (c) entering into any resolution which may be mutually acceptable to the parties. 4. RESTItiCTIONS EASEMENTS AN.D LIMITATIONS. The parties shall take title subject to: zoning, restrictions, prohibitions and other agreements unposed by governmental authority, restrictions and matters appearing on the plat or otherwise common to the subdivision, public utility easements of record, zoning classifications and such other provisions of governmental regulation as are applicable. But any other provision herein notwithstanding, it is nevertheless agreed by the respective parties as follows: {a) Reverter, The properties herein to be exchanged are to be used >aenceforth by their respective owners solely for public purposes az~d in the event 2 1',',Carrenl Filc Folderf,tetly FarklCl~mbrr of Cornmercc~resl prop exchange agrceroeni Oz-01.09 doe 07/02/2009 12:19 FA;( 772 466 5492 CITY ATTORNEY'S OFFICE [005/009 the substantial, predominant use to be made of such property is for a use other than a public purpose, then, in that event, such propertty shall revert to the original owner thereof as subject to this Agreement, the Jetty Park Parcel reverting to the County or the Chamber of Commerce Building Parcels reverting to the City, as the case may appear. (b) Easement in Favor of Couztty. The County shall retain an easement for access to and on the South Jetty Parcel, which easement is to allow the County to use such property for beach azzd inlet activities such as beach and dune restoration and inlet and spur jetty maintenance projects. The City also agrees that the County may continue to use that portion of the unopened "St. Lucie Court" for access and staging for beach restoration and re-nourishment consistent with past practices, provided the area is available at the time. Except as otherwise disclosed in this Agreement, each party, with respect to the parcel(s) it is conveying, represents and warrants to the other as follows, which representations and warranties survive closing: (a} 'That it has good, marketable fee simple title to, and is in possession of, the parcel(s), free and clear of all liens, security interest and encumbrances, excluding only those: (i) Which will be satisfied or released at closing; and (ii) '1'o which the other party's title shall be subject as otherwise provided in this Agreement; (b) That there is ingress and egress to the parcel(s) (c} That there is no litigation or proceeding pending or threatened against or relating to the parcel(s). (d) Tl1at it has full power and authority to enter into and perform this Agreement in accordance with its terms and the completion of this transaction will not violate any law, regulation or agreement affecting it or the parcel(s) it is conveying. S. POSSESSION: Possession of the property shall be delivered at the tuzze of closing. 6. AS IS: Subject to the specific representations, warranties and disclosures contained in this Agreement, the property is conveyed "As-Is", "Where-Is" az~d "With All faults" as of the closing date. Each party has, or will inspect the parcel(s) being acquired azad is familiar. or will become familiar with, the physical condition thereof. 7. CLOSING_ 3 'P 1(;gmr~ Cile foidersUeuy ?arklChsn~b?r of Commercc',real prep c^ccha~igr agreement 07.01.(IQdoc 07/02/2009 12:19 FAX 772 466 5492 CITY ATTORNEY'S OFFICE ~ 006/009 (a) Closin>a Date; The closing of this A,grceme~at and the transfer of title and possession of the property, shall occur within 30 days after the expiration of the Feasibility Determination Period (hereinafter "Closing Datc") and after any required public hearings have been held unless otherwise extended by the terms herein. Closing shall be held within the County at a site agreeable to the parties or by mail, (b) Conveyance: Conveyance of the parcels shall be by Special Warranty Deed from the City, and by County Deed in accordance with Section 125.411, Florida Statutes from the County, (c} Documents for Closing: The closing agent designated by the County shall prepare the closing documents including, but not limited to, the Deeds, the Ownership and Lien ,A,ffidavits, the Certificates ofNon-Foreign Status, and the Closing Statement. (d) Allocation of Expenses: Each pazty, with respect to the parcel(s) it is acquiring, shall pay the cost of recording the deed. Each party, with respect to the parcel(s) it is conveying, shall pay the cost of recording corrective instrumer>,ts. Each party shall pay its respective attorney's fees. 8. DEFAULTS: (a) Alotice of Default: No default as to any provision of this Agreement shall be clairned or charged by either party hereto against the other until notice thereof has been given to the defaulting party in writing, and such default remains uncured for a period of i~ave (5) business days after the defaulting party's receipt of such notice. (b) liemedv for Default: if either party defaults on its obligations under this Agreement, without fault on the part of the other party, the non- dcfaulting party may terminate this Agreement, or alternatively, may seek specific performance against the defaulting party. Both parties agree that any action for specific performance shall be commenced within ninety (90) days of the occurrence of default or be forever barred. Under no circumstances shall either party have any claim or right of claim against the othex party for monetary damages, including attorney's lees. 9. MISCELLANEOUS: (a) Binding Effect; Successors and Assigns; This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns, if any_ (b) Assignmcgt: This Agreement may not be assigned except upon the prior written consent of the other party. 4 7,1Cucrent FOc Foldcralletty P,i~\Chamber of Cannnececlrcal prop exC~utnye a~eemenc 07-01-09.doc 07/02/2009 12:19 FAX 772 466 5492 CITY ATTORNEY'S OFFICE ~ 007/009 (c} Captions: "l~he caption for each paragraph or subparagraph of this Agreement is for convenience and reference only and in no way defines, describes, extends, or limits the scope or intent of this Agreement, or the intent of any provision hereof. (d) Scverability: if any provision of this Agreement, the deletion of which would not materially adversely affect the material benefits receivable by any party hereunder or substantially increase the burden of any party hereto, shall be held to be invalid or unenforceable to any extent, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement, (e) Execution of Documents: Each party hereto covenants and agrees that such party will at any tune and from to tune do such acts and execute, acknowicdge and deliver such documents, including corrective instruments, reasonably requested by one party of the other party, or their counsel, necessary to carry out fully and effectuate the exchange contemplated and to convey good, cnarketable and insurable title to the property and all parts thereof. (f) Duplicate Execution: The parties shall execute two (2) copies of this Agreement, so that each may retain an original copy thereof in its official records. (g} LitiEation and Attorney's Fees: In the event it shall be necessary for either party to this Agreement to bring suit to enforce any provision hereof (before or after closing), the parties shall first avail themselves of such pre-suit remedies as are provided by law and as are applicable, including but not limited to the Florida Governmental Conflict Resolution Act. (h) Entire A~rccmcnt: Amendments: This Agreement contains the entire and sole understanding between the parties hereto relative to the exchange of parcels and it may only be ur?ended or modified by an agreement in writing executed by all parties with the same formalities as this Agreement. (i) Notices: All notices and correspondence shall be {i) hand delivered (with signed acknowledgement of receipt or affidavit of delivery), (ii) delivered by registered or certified mail, return receipt requested, (iii) delivered by overnight carrier with signed acknowledgement of receipt, or (iv) delivered by telephonically transmitted facsimile with confirmation of transmission- All such notices and correspondence shall be sent to the respective parties, with copies forwarded to their agents or attorneys, at the address set forth below or at such other addresses as the parties hereto shall designate to each other in writing: (i) if to County. to: St. Lucie County Attn: Faye W. Outlaw, 1v1PA 5 ~ ,~C'uRenl pile FoldaeVehy PsrklC;ia,nLer aC ('ommerc:irenl prop exchange agreemene 07-0 I-09.doc 07/02/2009 12:19 FAX 772 466 5492 CITY ATTORNEY'S OFFICE f~j008/009 County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 with copies to: St. Lucie County Attn: Daniel McIntyre, Esq., County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982-SGS2 (ii) if to City, to City of Fort Pierce Attn: David L. Recor, City Manager 100 North ~U.S. Highway 1 tort Pierce, FL 34950 with copies to: City of Font Pierce Attn: Robert V. Schwerer, City Attorney 100 North U.S. Highway 1 Fort Pierce, FL 34950 Any notice or demand so given, delivered or made by United States Mail, shall be deemed so given, delivered or made three (3) days (excludizag Sundays and holidays) after the same is deposited in the United States Mail, registered or certified, return receipt requested, addressed as above provided, with postage thereon prepaid. Any such notice, demand or document hand-delivered or made by overnight carrier shall be deemed to be given, delivered or made upon delivery (or attempted delivery if delivery is not accepted) of the same at the address where the same is to be given, delivered or made. Any such notice, demand or document delivered by meatzzs of telephonically transmitted facsimile shall be deemed to be given, delivered or made upon receipt provided that any such receipt occurring on a Saturday, Sunday, holiday or after 5:00 p_z~~. on any business day shall be deerr>,ed to have occurred the next following business day. (j) Intcrpretatioz?: 'hhis Agreement has been submitted to the scrutiny of each party hereto and each party has had opportunity to have it reviewed by legal counsel. This Agreement shall be given fair and reasonable interpretation in accordance with the words used herein without consideration or weight being given to its having been drafted by either party hereto or their respective counsel. (k) Non-Waiver; No covenant, term, or condition (or the breach thereof), shall be deemed waived, except by wrirte~n consent of the party against whom the waiver is claimed. A waiver of any covenant, term, or condition (or 6 T:\Crvrent I~ilp fo~ders'1Ctry ParklChanttie,' of Cmrlcneroelreal pmp nachanNe agreement n7-O1-09,doc 07/02/2009 12:19 FA;. 772 466 5492 CITY ATTORNEY'S OFFICE ~ 009/009 breach thereof) shall note be deemed to be a waiver of any other covenant, term or condition (or breach thereof). (1) Effective Date: This Agreement shall be effective (Effective Date) upon approval of. both parties. IN WITNESS WYiEREOF, the parties hereto have caused this contract to be executed on tlae dates accompanied by their respective executions. CITY OF FORT PIERCE, FL., a Florida municipal corporation Robert J. F3enton, Mayor Date: ATTEST: Cassandra Steele, City Clerk A)P)PROVED AS TO FORM AND CORRECTNESS ~2obcrt V. Schwerer, Esq. City Attorney ST. LUCIE COUNTY, FL., a Florida political subdivision Paula A. Lewis, County Commission Chairman Date: ATTEST: Clerk of County Commissioners APPROVED AS TO FORM AND CORRECTNESS Daniel 5. McIntyre, Esq. County Attorney 7 1' I('mr;nt rik FoldcreVehy 1'ark1~'I,iinbcr oFCemmere~\r2a1 pry+p ;xchan~e xgrcemcnt Oi-O1-09.~Si~c SOUTH JETTY PARK Parcel ID 1436-343-0003-000-7 COMMENCE AT THE QUARTER SECTION CORNER ON THE SOUTH BOUNDARY OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 40 EAST, FOR POINT OF REFERENCE. FROM SAID POINT OF REFERENCE RUN NORTH 0 DEG. 03 MIN. 02 SEC. WEST ALONG THE BOUNDARY LINE OF GOVERNMENT LOTS NOS. 4 AND 5 A DISTANCE OF 297.3 FEET TO A POINT; THENCE NORTH 82 DEG. 58 MIN. 27 SEC. EAST A DISTANCE OF 450 FEET MORE OR LESS TO THE NORTHEAST CORNER OF LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION, A SUBDIVISION IN SECTION 36, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 8, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, FOR THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING THENCE NORTH ALONG THE EAST BOUNDARY OF SAID LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION, EXTENDED 85.28 FEET MORE OR LESS, TO THE MEAN LOW WATER LINE OF THE FORT PIERCE INLET; THENCE EASTERLY ALONG THE MEAN LOW WATER MEANDER LINE OF THE FORT PIERCE INLET 680 FEET, MORE OR LESS, TO THE MEAN LOW WATER LINE OF THE ATLANTIC OCEAN; THENCE SOUTHERLY ALONG THE MEAN LOW WATER MEANDER LINE OF THE ATLANTIC OCEAN TO A POINT OF INTERSECTION WITH THE EXTENSION EASTERLY OF THE NORTH BOUNDARY OF SAID LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION; THENCE WEST 646.4 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 1.45 ACRES, MORE OR LESS; EXCEPTING AND RESERVING THE NORTH THIRTY-FIVE FEET (35') OF THE ABOVE DESCRIBED LAND. s : ' = - - South Jetty Park ~ 0 62.5 125 250 Feet U.S.A. St Lucie County . Ft Pierce - Ft Pierce Ft Pierce SEAWAY ~R cn O ~2 O?~ s : - South Jetty Park • °a/ 0 62.5 125 250 Feet : -a .,.¢f - _ sc~~ s;. US.A. Y»: - St Lucie ~ County - - ~ Ft Pie ce ~ . Ft ~Piei-ce = f- _ c~ - - ~ . Ft Pierce . ~ x ~ ~ mfg' ~5 ~?r- ~ c~ ~ ~ ~ _ - ~ ~ xis ~ ~ _ r_ - g ~ ~ . _ ,N ~ x <.e ~O s ~ ~ ~:2 r ~ ~ . ~ _ - - _ PARCELS OWNED BY THE CITY OF FORT PIERCE ABUTTING LAWNWOOD REGIONAL PARK Parcel ID 2416-504-0772-000-Z -Northeast corner of South 23~d Street and Virginia Avenue LAWNWOOD ADDITION THE SOUTH 25 FEET OF THE WEST 250 FEETOF BLOCK 135 AND THE WEST 250 FEET OF BLOCK 158 AND THE WEST 250 FEET OF VACATED UTAH AVENUE LYING BETWEEN BLOCKS 135 AND 158 AND THE WEST 250 FEET OF VACATED ALLEY IN BLOCK 158 - LESS VIRGINIA AVENUE AND LESS AS IN OFFICIAL RECORD BOOK 588, PAGE 254. Parcel ID 2416-504-0781-000-8 -Old Chamber of Commerce site COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 158, LAWNWOOD ADDITION, AS PER PLAT THEREOF IN PLAT BOOK 2 AT PAGE 16 OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, RUN EAST ALONG THE SOUTH LINE OF SAID BLOCK, FOR A DISTANCE OF 250 FEET FOR A POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, CONTINUE EAST ALONG THE SOUTH LINE OF BLOCK 158 FOR A DISTANCE OF 200 FEET; THENCE RUN NORTH ON A LINE PARALLEL TO THE WEST BOUNDARY OF BLOCK 158 FOR A DISTANCE OF 250 FEET; THENCE TURN AND RUN WEST ALONG A LINE PARALLEL TO THE SOUTH BOUNDARY OF BLOCK 158 FOR A DISTANCE OF 200 FEET; THENCE TURN SOUTH AND RUN ALONG A LINE PARALLEL TO THE WEST BOUNDARY OF BLOCK 158 TO THE POINT OF BEGINNING. 5:\ACQ\WP\JOAnn\City of Fort Pierce\Legal for Chamber parcel(s).wpd Exh~~~ ~ ~ r 0 1S Hl£ L S ~ , ~ ~ .V f ~ I I I ~ lil O ~ ~ ~ ~ ~ L J ~ t i ~ ~I 3; ~ ~ ~ ~;`I l (I ~ ~ l~ u~ ~ i~-~ I ~ I I~ o I ~ ~ ~ i ~ 111; i , LL I I I ~ i ~ i ' i I ' ~ i i i ~ J ~ ~~I i ? I~ L I ~ l ~I L G.l Q.i i ~ i~ t6 ~ ; + w ~ ~ ~ 'a O ~I ~ ~ ~ g z ~ i ~ ~ ~ I ~ ~ > ~ , ~ o I ~ I ~ ~ < i ~ > J a ~ ~'o z ~o ~ as r ~Y ~ ~ c v ~ ~ L w ~a j{ I 1S a21£Z S J H Q _ ^;Ec-aye tA~C~ - - - Q ^f'o ~ LE_=- aY`o_ _ it , ~ - f ~ ~ ~ r _5 ~ I ~ - ~ i) ~ 7 s i i ~ ~ f " I ~ - _ ~ . t. - y _ ~ ~ Y -r fi ~ _ . _ ~ r ~ ~ i _ i' ~r,~ 1 4,. _ ~ ? fi ~ 1 SPeJ~~ ~fiL 1___.- ~ ~ F I 1 - ~ ~ - f . - + 4 - rte.;-r-- _ - e ~1 I t _ ~ .~I „ i _ : a 1 ~ ~ - _ _ . • _ _ ~ { 1 C`-~ f. _ - _ - I i ~ _-v I~~,~~ ~ r~ ~ F - ~ ' i I r=^` - _ - ~ • r . t ~'L.+r'r _ V C ~ _ i~*' r t - .;r ` ' 1 y s ~ STS i~-_ ~ _ L{3 ~ _''r, tl• p ' , ~ I ~;epp y ~1 ~ t i 1 ~w - ~s'~. Y ~ I ~~4~-~s.~•~y~y~^..~~wr~ f. ~ I ~ ~ I r _.~`~j ra +M T t.__ ' -.y ~ f ~ ~ J' ~ - e R t , •Si t _ Pte- ~j ~ az ~ i-_ ~ I i II i I v ` - _ ~ a ~ ~ a t= : ~ a ~ x _ Yom- - _ l I- - _ ~ ~ I _ ~ ~ ~ `J!. F ~ i ~ ~F~ 1. erg- 1 ~ ~ ~ ~ ~ _ a RESOLUTION N0. 09-154 A RESOLUTION AUTHORIZING AN EXCHANGE OF LAND BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE CITY OF FORT PIERCE OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA; AUTHORIZING THE CHAIRMAN OF THE COUNTY COMMISSION TO EXECUTE DEEDS AND OTHER INSTRUMENTS TO EFFECTUATE SAID EXCHANGE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Fort Pierce is the owner of property located adjacent to Lawnwood Regional Park immediately north of Virginia Avenue, more particularly described in PART B below and more commonly described as the "Chamber of Commerce parcels"; and WHEREAS, St. Lucie County is the owner of property more particularly described in PART A below, and more commonly referred to as "South Jetty Park" ;and WHEREAS, the City of Fort Pierce has clear title to the property described below in PART B and has agreed to convey said property by Special Warranty Deed, free and clear of all encumbrances, to St. Lucie County; and WHEREAS, the City of Fort Pierce wishes to exchange the Chamber of Commerce parcels as described in PART B below, for South Jetty Park property owned by St. Lucie County as described in PART A below; and WHEREAS, the Board of County Commissioners of St. Lucie County has determined that an exchange of the property described below in PART A with the property described below in PART B serves a valid public purpose for the citizens of St. Lucie County; and WHEREAS, pursuant to Section 125.37, Florida Statutes, the Board of County Commissioners of St. Lucie County is authorized and empowered to exchange property described below in PART A for the property described below in PART B; and WHEREAS, the Board of County Commissioners of St. Lucie County deems the above described exchange of property to be for a public purpose and is in the best interest of the citizens of St. Lucie County; and WHEREAS, the Board caused the above described exchange of property to be advertised for public hearing and said public hearing was held on August 18, 2009, pursuant to Section 125.37, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: -1- Section 1: Exchange Authorized The property described below in PARTA shall be exchanged for the property described below in PART B. PART A LEGAL DESCRIPTION FOR THE SOUTH JETTY PARK PROPERTY CURRENTLY OWNED BY ST. LUCIE COUNTY TO BE EXCHANGED FOR THE CHAMBER OF COMMERCE PARCELS CURRENTLY OWNED BY THE CITY OF FORT PIERCE: ParcellD 1436-343-0003-000-7 COMMENCE AT THE QUARTER SECTION CORNER ON THE SOUTH BOUNDARY OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 40 EAST, FOR POINT OF REFERENCE. FROM SAID POINT OF REFERENCE RUN NORTH 0 DEG. 03 MIN. 02 SEC. WEST ALONG THE BOUNDARY LINE OF GOVERNMENT LOTS NOS. 4 AND 5 A DISTANCE OF 297.3 FEET TO A POINT; THENCE NORTH 82 DEG. 58 MIN. 27 SEC. EAST A DISTANCE OF 450 FEET MORE OR LESS TO THE NORTHEAST CORNER OF LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION, A SUBDIVISION IN SECTION 36, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, RECORDED IN PLAT BOOK 8, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, FOR THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING THENCE NORTH ALONG THE EAST BOUNDARY OF SAID LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION, EXTENDED 85.28 FEET MORE OR LESS, TO THE MEAN LOW WATER LINE OF THE FORT PIERCE INLET; THENCE EASTERLY ALONG THE MEAN LOW WATER MEANDER LINE OF THE FORT PIERCE INLET 680 FEET, MORE OR LESS, TO THE MEAN LOW WATER LINE OF THE ATLANTIC OCEAN; THENCE SOUTHERLY ALONG THE MEAN LOW WATER MEANDER LINE OF THE ATLANTIC OCEAN TO A POINT OF INTERSECTION WITH THE EXTENSION EASTERLY OF THE NORTH BOUNDARY OF SAID LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION; THENCE DIVEST 646.4 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 1.45 ACRES, MORE OR LESS; EXCEPTING AND RESERVING THE NORTH THIRTY-FIVE FEET (35') OF THE ABOVE DESCRIBED LAND. PART B LEGAL DESCRIPTION FOR CITY OF FORT PIERCE PROPERTY TO BE EXCHANGED FOR COUNTY PROPERTY PARCEL ID 2416-504-0772-000-2 -NORTHEAST CORNER OF SOUTH 23RD STREET AND VIRGINIA AVENUE -2- THE SOUTH 25 FEET OF THE WEST 250 FEET OF BLOCK 135 AND ALL THAT PART OF THE WEST 250 FEET OF BLOCK 158, LYING NORTH OF THE NORTH RIGHT OF WAY LINE OF VIRGINIA AVENUE, ALL IN LAWNWOOD ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 16, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, TOGETHER WITH ALL ADJACENT FORMER STREET AND ALLEY RIGHTS-OF-WAY. Parcel ID 2416-504-0781-000-8 -Old Chamber of Commerce site COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 158, LAWNWOOD ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 16, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN EAST ALONG THE SOUTH LINE OF SAID BLOCK, FOR A DISTANCE OF 250 FEET FOR A POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, CONTINUE EAST ALONG THE SOUTH LINE OF BLOCK 158 FOR A DISTANCE OF 200 FEET; THENCE RUN NORTH ON A LINE PARALLEL TO THE WEST BOUNDARY OF BLOCK 158 FOR A DISTANCE OF 250 FEET; THENCE TURN AND RUN WEST ALONG A LINE PARALLEL TO THE SOUTH BOUNDARY OF BLOCK 158 FOR A DISTANCE OF 200 FEET; THENCE TURN SOUTH AND RUN ALONG A LINE PARALLEL TO THE WEST BOUNDARY OF BLOCK 158 TO THE POINT OF BEGINNING. LESS AND EXCEPTING RIGHT OF WAY FOR VIRGINIA AVENUE (SR 70) The exchange is subject to: 1. The City of Fort Pierce providing the County, prior to the exchange, with a title search or title insurance commitment that reflects title in PART A to be conveyed to the County free and clear of all liens and encumbrances. 2. St. Lucie County providing the City, prior to the exchange, with a title search or title insurance commitment that reflects title in PART 6 to be conveyed to the City free and clear of all liens and encumbrances. 3. A reverter clause in each deed from the County and the City requiring that the property in PART A and PART B must be used for a public purpose or the property will revert to the prospective Grantor. 4. The County retaining an easement for access to and on the property described in PART A allowing the county to use the property for beach restoration and inlet and spur jetty maintenance projects. 5. The City allowing the county to continue to use that portion of the unopened "St. Lucie Court" for access and staging for beach restoration and renourishment consistent with past practices, provided the area is available at that time. -3- Section 2: Authority of Chairman of Board of County Commissioners The Chairman of the Board of County Commissioners of St. Lucie County is hereby authorized to execute any and alt deeds or other instruments necessary to effectuate the exchange authorized by this Resolution. Section 3: Severability In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the resolution shall not be affected and it shall be presumed that the St. Lucie County Board of County Commissioners did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the Board of County Commissioners would have enacted the remainder of this resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. Effective Date This Resolution shall be effective upon adoption by the Board of County Commissioners for St. Lucie County. After motion and second, the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX . Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 18th day of August 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -4- ITEM NO. VI-C1 ~I _ - DATE: 7/14/09 • • ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark A. DiMascio SUBMITTED BY: Parks and Recreation Project Manager SUBJECT: MLK Dreamland Park improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316-7210-562000-7697 Parks Capital -MLK Dreamland Park 001-7210-562000-7697 Parks Capital -MLK Dreamland Park PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to reallocate $315,878.60 for site improvements and construction of a new restroom at MLK Dreamland Park as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER Cl _ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures ~f OMB Director ~155~County Attorney (X) Budget Analyst (X) Daniel McIntyre Mane Gouin Robert O'Sullivan Originating Dept. (X) Central Services (X) Debra Brisson oger Shinn Parks and Recreation l _ _ • _ ~ ~ . MEMORANDUM TO: Board of County Commissi n s THROUGH: Debra Brisson, Director FROM: Mark A. DiMascio, Project Manager/~ DATE: July 14, 2009 SUBJECT: MLK Dreamland Park improvements ITEM NO. VI-C1 Background: On October 5, 1998, the County acquired maintenance and improvement responsibilities for MLK Dreamland Park from the City of Fort Pierce as part of the amended and restated Interlocal Recreation Facilities Exchange Agreement. Located on 25th Street, the park consists of 17.40 acres. Over the past several years, the County has received grants for improvements to the park. In FY 07-08 the County received two grants for improvements at MLK Dreamland Park. These grants include a $39,000 Major League Baseball for Tomorrow Grant provided funds to construct two unlighted baseball fields and a Florida Recreation Development Assistance Program (FRDAP) grant in the amount of $135,611 for improvements, including a soccer field, a new playground, an interactive water feature, a pavilion, picnic tables and benches. On March 16, 2009, the Parks and Recreation Department received approval from Central Services to release funds remaining from completed parks and recreation capital projects in the amount of $315,878.60 so they could be reallocated. The reallocated funds will be utilized for site improvements and construction of a restroom at MLK Dreamland Park as part of the Local Economic Stimulus Program. Previous Action: April 21, 2009 - BOCC adopted the Local Stimulus Ordinance No. 09-008. April 28, 2009 - BOCC adopted Resolution No. 09-119 approving a list of local economic stimulus projects including the MLK Dreamland Park Restroom Project. June 23, 2009 - BOCC approved Permission to Advertise Public Hearing, Resolution No. 09-195 for MLK Dreamland Park Restroom Project as a St. Lucie County Economic Stimulus Project. July 7, 2009 - BOCC approved Resolution No. 09-195. ' BOCC Agenda Memorandum Page 2 of 2 Recommendation: Board approval to reallocate $315,878.60 for site improvements and construction of a new restroom at MLK Dreamland Park as outlined in the agenda memorandum. , J _ • • Parks & Recreation Department MEMORANDUM DATE: March 16, 2009 TO: Dom McLam, Assistant Director ' THRU: Debbie Brisson, Director FROM: Elaine M. Messier f1 ~ RE: Funds for MLK Dreamland Park Restroom Don, Below is a list of projects with funds available that we would like to use to construct a new restroom at the MLK/Dreamland Park to complete the project. Proiect # Proiect Name Fund Source Amount 16010 Rasmussen House 316 $ 29,091.00 2614 Gymnasium/Special Needs 316 $ 99,715.60 700 Culture/Recreation 001 $ 9,000.00 75009 Lawnwood Rec Area 316 $ 5,015.00 76022 Ravenswood Pool 316 $102,038.00 7621 Pepper Park 316 $ 17,613.00 7650 Savannas Rec. Area Imp. 316 $ 16,778.00 7669 Lawnwood Multi-Use Soccer 316 $ 36,628.00 Total: $315,878.60 I have verified the funding with Robert O'Sullivan in OMB. Please let us know if these projects are closed and/or completed so that we can move forward and obtain permission from the Board of County Commission to utilize the funds for construction of the restrooms. Thank you in advance. :em cc: M. DiMascio, Projects Manager MLK/Dreamland Park File LINE TO-LINE TRANSFER REQUEST Parks and Recreation -Parks DATE: 6/17/2009 DEPARTivi~NT: ACCOUNT OMB ACCOUNT NUMBER ACCOUNT NAME AMOUNT BALANCE VERIFY $306,878.60 $0.00 TO: 316-7210-562000-7697 Infrastructure $9,000.00- $0.00 001-7210-562000-7697 Infrastructure $315,878.60 $102,038.00 $102,038.00 FROM: 316-7240-563000-76022 Infrastructure $36,628.00 $36,628.00 316-7240-563000-7669 Infrastructure $19.00 $19.00 316-7240-561000-75009 Land-AbstractlTitle 316-7240-563000-75009 Infrastructure $4,715.00 $4,715.00 $31.00 $31.00 316-7240-563010-75009 Infrastructure - Printin . 316-7240-563011-75009 Infrastructure-Permits/Ap I $250.00 $250.00 $28,642.00 $28,642.00 316-7240-562000-16010 Buildings 316-7240-562005-16010 Buildin s-Consultin Eng $449.00 $449.00 316-7240-562011-2614 Buildin -Permits/A lication $67,715.60 $67,715.60 316-7240-563000-2614 Infrastructure $32,000.00 $32,000.00 001-7240-562000-700 Buildings $9,000.00. $9,000.00 316-7240-563000-7621 Infrastructure $16,134.00 $16,134.00 316-7240-563005-7621 Infrastructure Consultin Eng $1,479.00 $1,479.00 316-7240-562000-7650 Buildings $7,569.00 $7,569.00 316-7240-562004-7650 Buildin s -Architect Svs $3,491.00 $3,491.00 316-7240-563000-7650 Infrastructure $5,209.00 $5,209.00 316-7240-563004-7650 Infrastructure- architect Svs. $509.00 $509.00 $315,878.60 REASON FOR TRANSFER: Move mone into MLK/Dreamland Park.Project for construction of anew restroom. BOCC Agenda I-C1 a roved 7114/09. ~ PHONE 1524 CONTACT PERSON: Elaine M. Messier, Admin. Sup oIt C rd. ~ ~ DEPARTMENTAL APPROVAL: Debra Brisson, Director OMB APPROVAL: ADMINISTRATION APPROVAL: OMB NOTES: $631,757 INPUT DATE: INPUT BY: LINE-TO-LINE TRANSFER DOCUMENT AGENDA REQUEST ITEM N0.~ ~ J,-~,- 3 T PATE: April 21, 2009 • REGULAR [J e PUBLIC HEARING [XX] CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED 8Y: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 09-008, Local Economic Stimulus Ordinance BACKGROUND: See attached memorandum . FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 09- 008 as drafted and authorize the Chair to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED ' [ ]OTHER: r--~~ ~ Approved 5-0 Faye W. Outlaw, MPA Motion to approve as County Administrator amended. Review and Approvals County Attorney: Management ~ Budget Purchasing Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance (Check for copy only, if applicable) Eff. 5/96 ~ J- _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-0376 DATE: March 30, 2009 SUBJECT: Ordinance No. 09-008, Local Economic Stimulus Ordinance BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 09-008, which, if adopted, would declare that a local economic emergenry exists. Pursuant to Board direction, a statement was added to the draft ordinance clarifying that the County's fiscal situation is stable and sound so that the County is able to provide local economic stimulus. The draft Ordinance provides for designating emergency pro jects by Board resolution. The ordinance provides for soliciting bids or proposals f rom properly licensed contractors that agree to comply with the criteria set out in Section 4 of the Ordinance. Please note that Paragraph 4(a) was revised in an effort to address some of the concerns raised by the Chamber of Commerce. Permission to advertise was granted on March 24, 2009 and notice was published in the Tribune on April 3, 2009. ' RECOMMENDATION/CONCLUSION- Staff recommends that the Board adopt Ordinance No. 09-008 as drafted and authorize the Chair to sign the Ordinance. Respectfully submitted, Daniel S. McIntyre County Attorney DSM/caf Attachment . rn~~DO c~~mZtn ag°^'rx ORDINANCE NO. 09-008 Z ~ W ~~m aNm~ vgn- gG~p,G2 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, ~ ADOPTING A LOCAL ECONOMIC STIMULUS ORDINANCE; A o DECLARING A STATE OF LOCAL ECONOMIC EMERGENCY; W a PROVIDING FOR EMERGENCY PROJECTS; PROVIDING FOR ~ ~ rn CRITERIA FOR BID/PROPOSAL AWARD, WAIVER OF ~ ~ BIDS/PROPOSALS PROCESS; PROVIDING FOR o c DEFINITIONS, DURATION OF LOCAL ECONOMIC Z ~ EMERGENCY AND CONFLICTS; PROVIDING FOR SEVERABILITY, APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the United States of America, the State of Florida, and St. Lucie County are now experiencing an economic downturn not experienced in the last 30-40 years; and WHEREAS, individual citizens and families living in the United States, Florida, and the County are experiencing negative effects from the economic downturn; and WHEREAS, because of significant revenue decreases at the State and local levels, jobs are being lost, homes are being foreclosed, and services are being cut; and WHEREAS, St. Lucie County has one of the highest foreclosure rates in the nation. In 2007, St. Lucie County had 4,945 homes in foreclosure. Indian River County had 1,057 and Martin County had 750. In 2008, 9,751 mortgage foreclosure suits were filed in St. Lucie County. In 2009 through March 17, 1,990 mortgage foreclosure suits have been filed in St. Lucie County. ' WHEREAS, St. Lucie County has the highest local unemployment rate in the Treasure Coast region, increasing to 12.1 percent, up from 6.4 percent last year. Martin County has a 7.8 percent rate and Indian River County has 9.5 percent rate; and WHEREAS, certain sectors of the County's economy such as biochemistry research are doing well but other sectors such as the housing industry have been negatively affected by the economic downturn; and WHEREAS, the construction industry in St. Lucie County has been hit especially hard with a net loss of 700 jobs in 2007 alone; and WHEREAS, the United States Congress is working on a federal economic stimulus package to counter the effects of the economic downturn; and WHEREAS, the efforts at the federal level are expected to take several months to implement; and WHEREAS, it is imperative that the County take immediate steps at the local level to provide relief to County residents and to provide jobs in an effort to decrease the current St. Lucie County unemployment rate; and WHEREAS, through the efforts of the Board of County Commissioners of St. Lucie County, Florida, the County's fiscal situation is stable and sound so that the County is able to provide local economic stimulus; and WHEREAS, the County's procurement policies wilt be revised temporarily as stated herein; and, WHEREAS, it is the intent of this ordinance to accomplish the initiation and implementation of the described temporary programs to relieve the local economic emergency to the greatest extent possible. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1. Short title and recitals. This ordinance shall be known as the Local Economic Stimulus ordinance, and the above findings and recitals are hereby adopted by reference into this ordinance. Section 2. Declaration of Local Economic Emergency. The Board of County Commissioners of St. Lucie County, Florida, convened in regular session, hereby declares and ordains that a Local Economic Emergency exists within St. Lucie County, requiring immediate measures to address the emergency before irreversible harm is done to the economic well being of the citizens of St. Lucie County. -This ordinance is adopted after public hearing pursuant to and in accordance with Section 125.66, Florida Statutes. Section 3. Emergency Projects. Effective April 27, 2009, the County Administrator is authorized to use the competitive bid or proposal process provided for in state and local law for local economic stimulus capital projects to be designated by Board resolution. Section 4. Criteria for Bid/Proposal Award. Except as provided for herein, the County Administrator or designee, is authorized to solicit competitive bids or proposals from properly licensed contractors that agree to comply with the following criteria: (a) In order to obtain an award, a contractor must agree to use a minimum of 75% local laborers and local material suppliers and local subcontractors (based on headcount) on the project. The contractor must provide the County with proof of compliance with this local hire requirement in a form that is verifiable by the County prior to signing a contract with the County or issuance of a notice to proceed whichever occurs later. Unless the local hire requirement is waived by the County, the failure of the contractor to demonstrate compliance with the requirement shall result in the contractor's bid being deemed nonresponsive and, if the bid has been awarded to the contractor, shall automatically result in revocation of the bid award to the contractor. The local hire requirement shall be a continuing requirement throughout the project. The contract shall provide for continuing proof of compliance at appropriate intervals and shall provide the County with the right to terminate the contract in the event of noncompliance. The County shall aggressively pursue remedies available in the Purchasing Manual in the event of fraud or misrepresentation. The Board may waive this local hire requirement: (1) if no contractor can comply with the local hire requirement; or (2) if the contractor can demonstrate that local laborers, local material suppliers and local subcontractors are not available despite a good faith effort on the contractor's part to hire local laborers and local subcontractors and to purchase materials from local material suppliers. (b) Local contractors that will use more than 75% local laborers, local material suppliers and local subcontractors on the pro ject that are within 5% of the lowest bid of anon- local contractor that will use more than 75% local laborers, local material suppliers and local subcontractors on the pro ject are eligible to match the low bid and be awarded the contract. (c) If bids are identical, the contrnctor with the highest percentage of local laborers and subcontractors shall be awarded the bid or proposal. Section 5. Waiver of Bid/Proposal Process. The Board of County Commissioners may waive the competitive bid or proposal process if the Board determines that: (a) There is one appropriately licensed contractor who is uniquely qualified to undertake the project because that contractor is currently under contract to perform work that is affiliated with the project; or (b) The time to competitively award the project will jeopardize the funding for the pro ject, or will materially increase the cost of the pro ject or will create an undue hardship on the public health, safety, or welfare. Section 6. Definitions. For the purposes of this ordinance, the terms "local laborer" and "local material supplier and contractor" shall mean: (a) "Local laborer"means a person residing in St. Lucie County at least in the year prior to January 29, 2009 that provides labor services. (b) Local material supplier, Iota/ contractor or local subcontractor" means the vendor has a valid occupational license issued by St. Lucie County at least one year prior to January 29, 2009 to bid or proposal submission to do business within St. Lucie County that authorizes the business tv provide the commodities or services to be purchased and a physical business address located within the limits of St. Lucie County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. Section 7. Duration of Local Economic ~ Emergenry. The Local Economic Emergency declared in this office shall continue to April 27, 2010. Prior to that date the Board of County Commissioners will determine if the declaration of Local Economic Emergency should be ended. If the declaration is not ended, the Board may extend the temporary programs initiated in this ordinance by resolution approved at a regular meeting. Section B. Conflicts. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflicts, as of the effective date of this ordinance. Section 9. Severability. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Section 10. Applicability of Ordinance. This ordinance shall be applicable throughout St. Lucie County. Section 11. Filing with the Department of State. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Section 12. Effective Date. This ordinance shall take effect upon filing with the Department of State. Section 13. Adoption. After motion and second, the vote on this ordinance was as follows: Paula A. Lewis, Chair AYE Charles Grande, Vice Chair AYE Commissioner Doug Coward AYE Commissioner Chris Craft AYE Commissioner Chris Dzadovsky AYE Section 14. Codification. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through N shall not be codified. PASSED AND DULY ENACTED this 21st day of April, 2009. s;~~,.,~ BOARD OF COUNTY COMMISSIONERS ~ ; FLORIDA ATTEST: s`' ~ ~ ~ ',-,1 ST. LUCIE COUNTY, . no BY Putt Cler ~ ,~7~`~.*- Chair wlt~°~ °N~-c y * ~ ~:,~,c~ APPROVED AS TO FORM AND s CORR E . LLL'IE C~~~ BY: County A r y AGENDA REQUEST ITEM NO. 1~-~- DATE: April 28, 2009 ~ REGULAR [XX] PUBLIC HEARING CONSENT [J T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUB ECT: Resolution No. 09-119; Local Economic Stimulus Projects BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09- 119. COMMISSION ACTION: CONCURRENCE: pQ APPROVED [ ]DENIED [)OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management 4 Budget Grants/Disaster Recovery Dir: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 - ty , y _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Donie) 5. McIntyre, County Attorney C.A. NO.: 09-0373 DATE: April 17, 2009 ' SUBJECT: Resolution No. 09-119 - Local Economic Stimulus Projects BACKGROUND: On April 21, 2009, the Board adopted Ordinance No. 09-008, known as the Local Economic Stimulus Ordinance. The Ordinance provides for the Board to adopt a list of loch) economic stimulus pro jects by resolution. Attached to this memorandum is a copy of draft Resolution No. 09- 119 identifying a list of proposed projects. The list was developed. by a team of County stuff. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 09-119. Resp tfully submitte c Dani 5. McIntyr County Attorney DSM/cnf Attachment RESOLUTION NO. 09-119 AN RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, ADOPTING A LIST OF LOCAL ECONOMIC PROJECTS WHEREAS, on April 21, 2009, the Board adopted a Local Economic Stimulus Ordinance based on the following findings 1. The United States of America, the State of Florida, and St. Lucie County are now experiencing an economic downturn not experienced in the last 30-40 years; and 2. Individual citizens and families living in the United States, Florida, and the County are experiencing negative effects from the economic~downturn; and 3. Because of significant revenue decreases at the State and local levels, jobs are being lost, homes are being foreclosed, and services are being cut; and 4. St. Lucie County has one of the highest foreclosure rates in the nation. In 2007, St. Lucie County had 4,945 homes in foreclosure. Indian River County had 1,057 and Martin County had 750. In 2008, 9,751 mortgage foreclosure suits were filed in St. Lucie County. Tn 2009 through March 17, 1,990 mortgage foreclosure suits have been filed in St. Lucie County. 5. St. Lucie County has the highest local unemployment rate in the Treasure Coast region, increasing to 12.1 percent, up from 6.4 percent last year. Martin County has a 7.8 percent rate and Indian River County has 9.5 percent rate; and 6. Certain sectors of the County's economy such as biochemistry research are doing well but other sectors such as the housing industry have been negatively affected by the economic downturn; and 7, The United States Congress is working on a federal economic stimulus package to counter the effects of the economic downturn; and 8. The efforts at the federal level are expected to take several months to implement; and 9. It is imperative that the County take immediate steps at the local level to provide relief to County residents and to provide jobs in an effort to decrease the current St. Lucie County unemployment rate; and 10. Through the efforts of the Board of County Commissioners of St. Lucie County, Florida, the County's fiscal situation is stable and sound so that the County is able to provide local economic stimulus; and 11. The County's procurement policies will be revised temporarily; and, 12. It is the intent of the Local Economic Stimulus Ordinance to accomplish the initiation and implementation of the described temporary programs to relieve the local economic emergency to the greatest extent possible; and 13. The Ordinance provides that the Board may adopt Local Economic Stimulus projects by resolution. R BE IT RESOLVED b the Board of Coun Commissioners of St. NOW THEREFO E, y ty Lucie County, Florida, as follows: Section 1. Local Economic Stimulus Projects. Effective May 1, 2009, the County Administrator is authorized to use the competitive bid or quote process provided for in state and local law for local economic stimulus economic stimulus projects attached as Exhibit "A" Section 2. Effective. This resolution shall tnke effect upon adoption. Section 3. Adoption. After motion and second, the vote on this ordinance was as follows: Paula A. Lewis, Chair AYE Charles Grande, Vice Chair AYE Commissioner Doug Coward AYE Commissioner Chris Craft AYE Commissioner Chris Dzadovsky AYE PASSED AND DULY ENACTED this 28th day of April, 2009. ~~~,tg.E CI'.,rtL,Gl~ BOARD OF COUNTY COMMISSIONERS ATTEST: W - ST. LUCIE COUNTY, FLORIDA Q . - De Cle ~.;vk`~~ r" ~ Chair Putt t tP APPROVED TO FORM AND . C~t'IE Cp~r CORRE E BY: County A n y ~aroTved Projects from the Local Economic Stimulus Program Central Services 1) Courthouse Annex Phase lA 2) South County Annex AC Maintenance 3) State Attorney Office AC Maintenance Parks ~ Recreation 1) Lawnwood Sports Complex Restroom and Concession 2) Martin Luther King Restroom Public Works 1) Angle Road Sidewalk Phase 2 (Avenue M to Orange Avenue) 2) Avenue D Sidewalk Construction 3) Admiral and Cortez Culvert 4) Esplanade and Cortez Culvert 5) Five Mile Creek at Whiteway Dairy Culvert 6) Walton Road Improvements Phase 1 Construction EXHIBIT "A"" AGENDA REQUEST ITEM NO. VI-69 ~ 3~ DATE: June 23, 2009 ~ ~ ~ ' ~t REGULAR j. .Jl ,Y, PUBLIC HEARING CONSENT [xx] T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Permission to Advertise Public Hearing -Resolution No. 09- 195 -Martin Luther KinglDreamland Park Bathroom Project- St. Lucie County Economic Stimulus Projects BACKGROUND: See attached memorandum • FUNDS AVAILABLE: Funds will be made available 316-7210-563000-7697 ' ' -Infrastructure & 001-7210-563000-7697 -Infrastructure PREVIOUS ACTION: RECOMMENDATION: Staff requests permission to advertise proposed Resolution No. 09-195 for public hearing before the Board of County Commissioners on July 7, 2009, at 6p.m. or as , soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: D9 APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget urchasing: Danie! S. McIntyre a 'e 6ouin Originating Dept. Public Works Dir: f County Eng.: Don est Mike Powley Finance (Check for copy only, if applicable) Eff. 5/96 • .-"-~~J, ~ ,,.~F,~s~ INTER-OFFICE MEMORANDUM S ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 09-0764 DATE. June 23, 2009 SUBJECT: Permission to Advertise Resolution No. 09-195 -Martin Luther King/dreamland Park Bathroom Pro jest - St. Lucie County Economic Stimulus Project BACKGROVND: On April 21, 2009, the Board adopted Ordinance No. 09-008 establishing a local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09- 119 which provided for a list of local economic stimulus projects. The list includes the Martin Luther King/Dreamland Park Bathroom project. Attached to this memorandum is a copy of draft Resolution No. 09-195 which, if adopted, would authorize the Martin Luther King/Dreamland Park Bathroom p rector of Parksland Recreati n to advert se The Resolution would also authorize the D for competitive sealed bids for the project. There is no local manufacturer of the, precast concrete bathrooms, but Staff believes that the 75% minimum local material supplier requirement can still be met. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of fob years directly and indirectly created by the project is approximately 1.64 and the number of induced job years created by the project is approximately 0.93. A job year is defined as employment in one job for one year. Direct jobs are jobs created in the actual government-sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direct government spending lead to additional increases in spending by workers and firms. RECOMMENDATION/CONCLUSION Staff requests permission to advertise Resolution No. 09-195 for public hearing before the Board of County Commissioners on July 7, 2009, at b pm or as soon thereafter as may be heard. Respec#fully submitted, ~ ~ Heatherr5perra Lueke Assistant Cou y Attorney Attachment RESOLUTION NO. 09-195 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT IS IN THE BEST INTEREST OF THE CITIZENS OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW FORMAL BIDS ON MARTIN LUTHER KING/DREAMLAND PARK BATHROOM PROJECT AS LOCAL ECONOMIC STIMULUS PROJECTS IN ACCORDANCE WITH ORDINANCE NO. 09-008. WHEREAS, the St. Lucie County Board of County Commissioners has made the following determinations: 1. On April 21, 2009, the Board adopted Ordinance No. 09-008. The Board determined that a state of local economic emergency exists which necessitates a local economic stimulus program. 2. On April 28, 2009, the Board adopted Resolution No. 09-119, which provided far n list of local economic stimulus projects. The list includes the Martin Luther King/Dreamland Park Bathroom project. 3. The estimated cost of the project is two hundred and thirty six thousand five hundred dollars ($236,500.00) and time to complete the project is six months. 4. Based on the publication Estimates of Job Creation From The American Recover and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 1.64 and the number of induced job years created by the project is approximately 0.93. A job year is defined as employment in one job for one year. Direct jobs are jobs created in the actual government-sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direcf government spending leads to additional increases in spending by workers and firms. 5. Unless waived, the Contractor would be required to hire a minimum of 75% local laborers and subcontractors and purchase materials from 75% local vendors. 6. Based on the above, the Board has determined that the Martin Luther King/Dreamland Park Bathroom project will provide a significant local economic stimulus. 5:\ATTY\RE SOITN\2009\09-195.wpd 7. The contract will be awarded through formal bids from licensed, responsible confiractors. 8. On July 7, 2009, the Board held a public hearing to consider whether to authorize far formal bids for Martin Luther King/Dreamland Pnrk Safihroom project as a local stimulus project, after publishing a no#ice of such hearing in the St. Lucie News Tribune on 9. It is in the best interests of the citizens of St. Lucie County, Florida, to award the Martin Luther King/Dreamland Park Bathroom project to an appropriately licensed private sector contrac#or who fulfills the criteria as set forth in Ordinance No. 09-008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. In accordance with the procedures established by and expressly set forth in~ Ordinance No. 09-008, the Martin Luther King/Dreamland Pnrk 8nthroom project shall be solicited as a local economic stimulus project. The selected contractor shat! comply with the criteria as set out in Ordinance No. 09-008. 6. The Director of Parks and Recreation is authorized to solicit formal bids for these projects. ' C. This resolution shall be effective on the date of its adoption. After the motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 7th day of July, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Cterk Chair . 5: \ATTY\RESOLTN\2009 \09-195.wpd APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney S:\AT1y~RE50LTN\2009\09-S95.wpd ' AGENDA REQUEST ITEM NO. VII-D _ DATE: July 7, 2009 ~ ~ - REGULAR a ~ , PUBLIC HEARING [xx] CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Resolution No. 09-195 -Martin Luther King/Dreamland Pnrk bathroom Pro ject- St. Lucie County Economic Stimulus Projects BACKGROUND: See attached memorandum . FUNbS AVAILABLE: Funds will be made available 316-7210-563000-7697 -Infrastructure & 001-7210-563000-7697 -Infrastructure PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of Resolution No. 09-195. COMMISSION ACTION: CONCURRENCE: . [ ]APPROVED [ ]DENIED [ ]OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budged l/urchnsing Daniel 5, McIntyre ouin , Originating Dept Public Works Dir. County Eng.: Don st Mike Powiey Finance: (Check for copy only, if applicable) Eff. 5/96 - INTER-OFFICE MEMORANDUM ~ ~ ~ ~ ST. LUCIE COUNTY, FLORIDA ~~Y. TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 09-0765 DATE: July 7, 2009 SUBJECT: Resolution No. 09-184 -Martin Luther King/Dreamland Park Bathroom Project - St. Lucie County Economic Stimulus Project BACKGROUND:- OnApril 21, 2009, the Board adopted Ordinance No. 09-008 establishing a local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09- 119which provided for a list of local economic stimulus projects. The list includes the Martin Luther King/Dreamland Park Bathroom project. Attached to this memorandum is a copy of draft Resolution No. 09-195 which, if adopted, would authorize the Martin Luther King/Dreamland Park Bathroom project as n local economic stimulus project. The Resolution would also authorize the Director of Parks and Recreation to advertise for competitive sealed bids for the project. There is no local manufacturer of the precast concrete bathrooms, but Staff believes that the 75% minimum local ma#erial supplier requirement can still be met. based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors,.the number of job years directly and indirectly created by the, project is approximately 1.64 and the number of induced jab years created by the project is approximately 0.93. A job year is defined as employment in one job for one year. Direct jobs are jobs created lathe actualgovernment-sponsored ,project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direct government spending lead to additional increases in spending by workers and firms. RECOMMENDATION/CONCLUSION Staff recommends approval of Resolution No. 09-195. Respectfully submitted, GL Heather Sp - razza ke Assistant County A orney Attachment ' RESOLUTION NO. 09-195 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT TS IN THE BEST INTEREST OF THE CITIZENS OF ST. LUCIE COUNTY, FLORIDA, TO .ALLOW FORMAL BIDS ON MARTIN LUTHER KING/DREAMLAND PARK BATHROOM PROJECT AS LOCAL ECONOMIC STIMULUS PROJECTS IN ACCORDANCE WITH ORDINANCE NO. 09-008. WHEREAS, the St. Lucie County Board of County Commissioners has made the following determinations: 1. On April 21, 2009, the Board adopted Ordinance No. 09-008. The Board determined that a stnte of local economic emergency exists which necessitntes a local economic stimulus program. 2. On April 28, 2009, the Board adopted Resolution No. 09-119, which provided for a list of local economic stimulus projects. The list includes the Martin Luther King/Dreamland Park Bathroom project. 3. The estimated cost of the project is two hundred and thirty six thousand five hundred dollars {$23b,500.00) and time to complete the project is six months. 4. Based on fihe publication Estimates of Job Creation From The American RecaverX and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 1.64 and the number of induced job years created by the project is approximately 0.93. A job year is defined as employment in one. jab for one year: Direct jobs are jobs created in the actual government-sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direct government spending leads to additional increases in spending by workers and firms. 5. Unless waived, the Contractor would be required to hire a minimum of 75% local laborers and subcontractors and purchase materials from 75% local vendors. b. Based on the above, the Board has determined that the Martin Luther King/Dreamland Park Bathroom project will provide a significant local economic stimulus. 5:\ATTY\RESOLTN\2009 \09-195.wpd 7. The contract will be awarded through formal bids from licensed, responsible contractors. 8. On July 7, 2009, the Board held a public hearing to cansider whether to authorize for formal bids for Martin Luther King/Dreamland Park Bathroom project as a local stimulus project, after publishing a notice of such hearing in the St. Lucie News Tribune an 9. It is in fihe best interests of the citizens of St. Lucie County, Florida, to award the Martin Luther King/Dreamland Park Bathroom project to an appropriately licensed private sector contractor who fulfills the criteria as set forth in Ordinance Na. 09-008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. In accordance with the procedures established by and expressly set forth in Ordinance No. 09-008, the Martin Luther King/Dreamland Park Bathroom project shall be solicited as a Iota! economic stimulus project. The selected contractor shall comply with the criteria as set out in Ordinance No. 09-008. B. ~ The Director of Parks and Recreation is authorized to solicit formal bids for . these projects. C. This resolution shall be effective on the dote of its adoption. After the motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XXX V'rce Chair Charles Grande XXX- ' Commissioner Daug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 7th day of July, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair 5~ \A TTY\RESOLTN\2009 \09-195.wpd AFFRGVED AS TO EORAh ANu CORRECTNESS: BY: County Attorney 5: \A TTY\RESOLTN\2009 \09-195.wpd ITEM NO. VI-C2 ~ DATE: 07/14/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark A. DiMascio SUBMITTED BY: Parks and Recreation Project Manager SUBJECT: Summerlin Boat Dock BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316202-7210-563000-7698 Parks and Recreation Capital PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of contract in the amount of $33,480 with Wilco Construction, Inc. of Fort Pierce for installation of floating docks at the Summerlin Boat Dock as outlined on the agenda memorandum, and authorization for Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director ~~~County Attorney (X) Budget Analyst (X) Daniel McIntyre Marie Gouin Robert O'Sullivan Originating Dept. (X) Purchasing (X ) Debra Brisson Mel ssa Simberlund Parks and Recreation ~,~a I~ _ • ~~...,r~~....:_. MEMORANDUM TO: Board of County Commission r THROUGH: Debra Brisson, Director FROM: Mark A. DiMascio, Project Manag DATE: July 14, 2009 SUBJECT: Summerlin Boat Dock ITEM NO. VI-C2 Background: Summerlin Boat Dock is located at the Inlet along the South Causeway just north of the St. Lucie County Regional History Center. Because of the height of the existing dock, it currently can only accommodate large vessels. As this dock is used as a host site for fishing tournaments, staff received requests to permanently renovate the dock to accommodate smaller boats. In 2007, the County received a $50,000 Florida Boating Improvement Program (FBIP) grant to renovate Summerlin Dock. Renovations include the installation of pilings, ramps, and the addition of two floating docks onto the southern interior sections of the existing T-dock. Over the past two years, staff has been working with consultants to complete surveys and permit applications to various agencies as required for the improvements. On May 6, 2009, the County received the final permit from the Florida Department of Environmental Protection for the improvements to the dock. On June 18, 2009, staff received three written quotes from local contractors to install pilings and two floating docks with aluminum ramps. The following contractors submitted quotes: 1) Wilco Construction, Inc. Fort Pierce, FL $ 33,480.00 2) Summerlin Seven Seas, Inc. Fort Pierce, FL $ 35,850.00 3) Underwater Engineering Services Port St. Lucie, FL $ 38,361.90 In addition to utilizing a local contractor for the installation of the .docks, the County is purchasing the floating docks directly from Hi-Tide Boat Lifts, Inc. of Fort Pierce for $39,500. Previous Action: April 24, 2007 - BOCC approval of FBIP grant application and Budget Resolution No. 07-155. November 27, 2007 - BOCC acceptance of FBIP Grant No. 07-102 June 23, 2009 - BOCC approval of Amendment #1 to Contract No. 07102 to extend the FBIP Grant Agreement completion date to August 15, 2009. BOCC Agenda Memorandum Page 2 of 2 Recommendation: Board approval of contract in the amount of $33,480 with Wilco Construction, Inc. of Fort Pierce for installation of floating docks at the Summerlin Boat Dock as outlined on the agenda memorandum, and authorization for Chair to sign documents as approved by the County Attorney. • 08; 15/2008 13:50 r'AX 'T~z4auaaza niL~v z. ~ St. Lucie County ' 2300 Virginia Avenue Fort Pierce, FL 34982-5652 REQUEST FOR QUOTATION DUE DATE: OE118l09 AT: '10;00 ~ a.m. ~ p.m. BIDDER INFORMATION COUNTY CONTACT INFORMATION Com an Narne: Wilco Construction, Inc. Contact Person: Mark A. DiMascio Address: 28 North Causeway Drive De ./Div.: Parks and Recreation Phone Na.: 772 462-2551 Cit tStateJZi :Fort Pierce, FL 34946 Fax No.: 772 462-1940 Contact Person: Rot~ert Williams Shi to: NIA Phone No.: 772 460-6928 Shi Via: NIA Fax No.: 772 460-6929 To visit the site, please contact: Signature: • Mark A. DiMascio, Projects Manager at (772) 475-7204 (Cell) or (772) 462-7551 (Office) Title: Date of Quote: to schedule an a ointment TNIS IS NOT AN ORDER Please quote on the following items. Quote price shall be stated in units requested and shall remain firm for sixty (60) calendar days. The Count is exem t from Federal Excise #59-6000835 and Sales Tax #66-02-01737=53C DESCRIpT10N BASE BID (See attached Scope of Services) p~ ~J~r~CJtJ SITE VISIT IS SYRONGLY RECQMMENDED RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIMILE, MAIL, OR DELIVER TO CONTACT PERSON AT THE ADDRESS/FACSIMILE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR 0001'ATION WILL BE SUBJECT O THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACT OR PURCHASE ORDER. INSURANCE REQUIREMENTS: Commercial Liability: $1,000,000 per occurrence, $2,000,000 per jab aggregate; Automobile Liability: $1,000,000; Worker's Compensation: $500,000 SPECIFICATIONS The Contractor shall provide the following services to the County: A set of 11x 1T plans will be mailed separately for your review. i i ' ~ 2300 Virginia Avenue Fort Pierce, FL 34982-5652 REQUEST FOR QUOTATION DUE DATE: 06118/09 AT: 10;00, ~a.m. Q p,m. BIDDER INFORMATION COUNTY CONTACT INFORMATION Com an Name: Summerlin Seven Seas, Inc. Contact Person: Mark A. DiMascio Address: 200 Naco Road #C De _IDiv.: Panics and Recreation Phone No.: 772 482-25$1 C' /S#atelZi :Fort Pierce, FL 34946 Fax No.: 72) 462-1940 Contact Person: Jo Yar Shi to: WA Phone No.: (772 484-6090 Ship Via: N/A Fax No.: 772 4 7470 To visit the sifie, please contact: Signature: Mark A DiMascio, Projects Manager at Title: 1'1'j l~;,y~~r (772) 475-7204 (Cell} or (772) 462-2551 (Office) Date of Quote: r o to schedule an ap intment THIS IS NOT AN ORDER P{ease quote on the following items. Quote price shall be stated in units requested and shall remain firm for sixty (60) calendar days. The Cou is exem from Federal Excise #59000835 and Sales Taut #$6.02-01737-53C} DESCRIPTION BASE BID (See attached Scope of Services} ~ SITE VISIT IS STRONGLY RECOMMENDED ~ RETURN THIS REQUEST ANb ALL PAGES BY THE DUE DATE AND TIME A1~VE BY FACSIMILE, MAIL, OR DELIVER TO CONTACT PERSON AT THE ADDRESS/FACSIMILE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATION W11,L BE SUBJECT O THE TERMS ' AND CONDITIONS CONTAINED IN THE CONTRACT' OR PURCHASE ORDER INSURANCE REQUIREIi1ENTS: Commercial Liability: $1,000,000 per occurrencae, $2,00O,OOp per job aggregate; Automobile Liability: $1,000,000; Worker's Compensation; $500,000 SPECIFICATIONS The Contractor shall provide the following services to the County: A set of 11x 17 pians will be mailed separately for your review. l0 'd 8Z ~ bT 6U~JT Zti unt OZbZ-t'9~-ZZZ: xp~ 3NI~dW NI~~3WW(1S p ~i s,` St. Lucie County . • Z3Q0 Virginia Avenue ..Fort Pierce, FL 34982,5652 ..REQUEST FOR QUOTATION DUE DATE: 06118109 AT: 10:00 ~ a.m. ~ p.m. BIDDER INFORMATION COUNTY CONTACT INFORMATION Com an Name: Underwater En ineerin Services. Contact Person: Mark A. DiMascio Address; 1326 S.W. Biltmore Road De t_/Div.: Parks and Recreation Phone No.: 772 462-2551 Cit !State/~i :Part St. Lucie FL 34983 Fax No.: 772 462-194D Contact Person: Randal Bazemore Shi to: NIA Phone No.: 772 337-3116 Shi Va: NIA Fax No.: 772 337-0294 To visit the site, please contact: Signatur . Mark A. DiMascio, Projects Manager at (772) 475-7204 (Cell) or (772) 462-2551 (Office) Title: Pro ' ect na Date of Quote: to schedule an a ointment THIS IS NOT AN ORDER Please quote on the following items, Quate price shall be stated in units requested and shall remain firm for sixty (fi0) calendar days. The Count is exem t from Federal Excise #59-600D$35 and Sales Tax #66-0201737-53C DESCRIPTION BASE BID (See attached Scope of Services) _ SITE VISIT IS STRONGLY RECOMMENDED ~ J f : ~ ` ~ , RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE ANb 71ME ABOVE SY FACSIMILE, MAIL, OR DELIVER TO CONTACT PERSON AT THE ADDRESSIFACSIMILE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATION WILL BE SUBJECT O THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACT OR PURCHASE ORDER. INSURANCE REQUIREMENTS: Commercial Liability: $1,000,000 per occurrence, $2,DDD,DDD per job aggregate; Automobil® Liability: $1,000,000; Worker's Compensation: $5DD,ODO SPECIFICATIONS The Contractor shall provide the following services to the County: A set of 11 x 17 plans will be mailed separately for your review.. '/C~. SCOPE OF SERVICE REQUIREMENTS Project Location: Summerlin Boat Dock Seaway Drive Fort Pierce, FL Scope of Service• • Supply labor, equipment and seven (7) steel pipe piles as needed to install (3) Floating docks and two (2) aluminum ramps. • Details of floating docks, aluminum ramps, steel pipe piles and proposed configuration is provided in attached construction drawings prepared by Miller Legg dated 9/15/08. • City of Fort Pierce Building permit . Exclusions• • Floating Docks, aluminum ramps and all associated hardware to be provided by owner. • DEP and Army Corps of Engineers Permits • Environmental Studies and Report Note• • St. Lucie County is Sales Tax Exempt. . • Set of 11 x 17 plans will be mailed separately. ITEM NO. VI-C3 ¦ DATE: 7/14/09 • ~ . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark A. DiMascio SUBMITTED BY: Parks and Recreation Project Manager SUBJECT: South County Regional Stadium Contract Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 310002-7516-563000-761 Parks Impact Fees -South County Stadium PREVIOUS ACTION: October 7, 2008 -Award of Invitation to Bid #08-069 December 9, 2008 -Award of construction contract #C08-12-608 RECOMMENDATION: Board approval of first amendment to contract #C08-12-608 with Ocean Gate General Contractors, Inc. reducing contract by $262,645.40 to allow County to direct purchase bleachers and press box for South County Regional Stadium as outlined in the agenda memorandum, and authorization for Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER - ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director „~i~ ~ ~55~. County Attorney (X) Budget Analyst (X) I~III~I Daniel McIntyre Marie Gouin Robert O'Sullivan Originating Dept. (X) Purchasing (X) D ra Brisson Melissa imberland "~,~.t Parks and Recreation • ' ' ~ MEMORANDUM TO: Board of County Commissi s THROUGH: Debra Brisson, Director FROM: Mark A. DiMascio, Project Manager~~ DATE: July 14, 2009 SUBJECT: South County Regional Stadium Contract Amendment ITEM NO. VI - C3 Background: On December 9, 2008, the Board of County Commissioners entered into an agreement with Ocean Gate General Contractors, Inc. for construction of Phase III of the South County Regional Stadium. As part of Phase III construction, new home bleachers and a press box are to be installed. During a discussion between staff and the general contractor, it was determined that the County could recognize a sales tax savings of $16,030 if we purchased the bleachers and press box materials directly from lowest priced manufacturer, Seating Constructor USA. Ocean Gate General Contractors, Inc. received the following three quotes, excluding sales tax, for the direct purchase of the bleachers and press box materials: 1. Seating Constructors USA $ 246,615.40'' 2. Southern Bleacher Company $ 275,000.00. 3. GT Grandstands, Inc. $ 615,978.00 '`Seating Constructors USA quote of $246,615.40 plus the sales tax savings of $16,030 equals the contract reduction of $262.645.40. Recommendation: Board approval of First Amendment to contract #C08-12-608 with Ocean Gate General Contractors, Inc. reducing contract by $262,645.40 to allow County to direct purchase bleachers and press box for South County Regional Stadium as outlined in the agenda memorandum, and authorization for Chair to sign documents as approved by the County Attorney. FIRST AiblEiti'DMEi+~TT TO BECEMBER S, 2008 AGREENIE~TT C08-12-608 THIS FIRST AMENDMENT is dated this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County"and OCEAN GATE GENERAL CONTRACTORS, INC., their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on December 9, 2008, the parties entered into an agreement, hereinafter referred to as the "Agreement" for the construction of the South County Stadium project; and, WHEREAS, the parties desire to amend the Agreement to change the contract amount because of the direct purchase of bleachers being made by the County. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. The total contract amount shall be reduced by $262,645.40, for a new contract amount of two million two hundred and sixty eight thousand nine hundred and six dollars and sixty cents ($2,268,906.60). 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: OCEAN GATE GENERAL CONTRACTORS, INC. BY: NAME: TITLE: • -.r + c.w.... ~ eo~a~n~~u;tanQ, t Bleachers • Benches • Scoreboards • Shade Structures • Dugouts • Scorer Platforms • Press Boxes • Ramps • Stairs • Picnic Tables November 17, 2008 Re-submitted January 23, 2009 RE: South County Regional Stadium, St. Lucie County, Florida Home side: Proposal includes: 1. Galvanized•I-beam bleacher 2. Length: 210'4" 3. Number of rows: 24 4. Elevation of walkway: 10' 5. Exit stairs: (5) 6. ADA ramps: (2) 7. Closed deck 8. Galvanized steel 9. 8x36 press box with roof hatch & film platform EXTENDED PRICE FOR NUMBERS 1 - 9 ABOVE: $ 246,615.40 EXCLUSIONS: PERMITS, BONDS, SITE WORK, STORAGE, GEO-TECH TESTING, RELOCATION OF SITE FENCING, CERTIFICATION COST IF REQUIRED, CONCRETE SLABS ON HOME & VISITOR SIDE, PIERS ON VISITOR SIDE, REMOVAL OF EXISTING CONCRETE/SLABS & PIERS. ANYTHING NOT SPECIFICALLY LISTED IS EXCLUDED. ° 2347 Circuit Way • Brooksville, FL 34604 • Phone (727) 539-1017 • Fax (352) 799-0308 Toll Free: (877) 589-5226 • e-mail: sales@seatingusa.com • www.seatingusa.com + . GRANDSTANDS ING. 2810 Sydney Rd. Plant City, FL 33566 813-305-1415p 813-305-1419t www.gtgrandstands. com SOUTH COUNTY REGIONAL STADIUM GRANDSTAND AND PRESS BOX 6l3l09 Mark, Based upon your request, here is the broken our numbers for the grandstand and press box. Keep in mind, these numbers do not include applicable use tax. Materials Delivered Grandstand and Press Box $615,978 Adder for welded deck planking system $39,000 Installation Labor for both above $143,350 Foundations for both above $62,500 Voluntary Deduct (Remove powder coating as discussed) ($55,500) As discussed, the welded deck and the powder coated structure we do not recommend on this project. The reason being is that powder coated finish does not last and will need replacingJrepainting within 1-2 years and the welded deck system is an expense that is not needed simply because the interlocking deck with gutters in our base bid above functions the same as a welded deck. If you would like to further discuss this project, I would be happy to meet with you anytime to do so. If you have any questions please call me at 813-305-1415. ' Sincerely, GT Grandstands, Inc. Brian R. Wilson Senior Sales Manager 3 Mark DiMascio From: Glenn McNatt [mcnatt@southernbleacher.com] Sent: Thursday, June 04, 200911:58 AM To: Mark DiMascio Subject: South County Reg. Football/Soccer Stadium lilllark . The materials for the b{eacher portion is 2 00.00 and the materials for the press box is 43,000.00. Tax saving is $16,500.00. let me know if there is anything more I can get for you. Thanks ~{enn t~lfJt11'. llLEr1CHGR (Xltiil'.aKY Glenn McNatt C.+4 l's:; h f c t.4 6 C~'~.F.3Y~. ~~C~lJ C~I:I e'~S t~. L Fite Vii. e`11~f~~'.~.~j`~~%~~}Gflr"~'1~~~~;~~~'.-c1~~l i~`i~.~~.;;~~ 1 . ~ ~ ~ F LEACHER C01ut1~A~T~X Post O1Ticc~ Box One. 801 Fifth Street • Graham. Texati 76450 • USA Phone 940lS49-0733 • Fax 940/549-1365 E.ctablislted 194G Grandstands • Bleachers • Stadiums November 17, 2008 GC Bidders South County Regional Fc,otballlSoccer Stadium ~t ~ Port St. Lucie, Florida Re: Section 13 34 16 2~ 13 34 18 Home Side Grandstands and Press Box The following is our quotation for Home Side Grandstands and Press Box per plans and specifications. Grandstands Materials / Freight/lnstallation $630.000.00 Add for paint finish over galvanized steel structure $110,000.00 Add for modular press box ~ $75,000.00 Add for moving existin Home side stands to visitors side 42 000.00 _ Add for foundations and supports for new Home Stands $70,000.00 Add for new foundations for Exiting stands to be moved $389.94 Each unit includes: • Galvanized steel structure • Engineering and design for required bleacher foundations • Front walk -width 16~i" -elevation 120" • Anodized aluminum seat (2 x 10) and painted riser board (1 x 9.5) on each row • Mill finish interlockin;; aluminum treads on each row and on front walk • Anodized aluminum rail and chain link on front, sides and back of bleacher and sides of stairs and ramps • Mid=aisle handrails with contrasting aisle nosing at each aisle • Freight, unloading, in!~tallation, and assembly. • Modular DCA approved press box as specified Excludes: • Any state or local per~rits, fees, etc. • Any concrete slabs or foundations or supports. • Any item not listed in above inclusions. R spectfully submitted Glenn McNatt ITEM NO. VI-C4 - DATE: 07/14/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASIti1D ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark A. DiMascio SUBMITTED BY: Parks and Recreation/Fairgrounds Project Manager SUBJECT: St. Lucie County Fairgrounds drainage improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316-7420-563000-7803 PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of contract with Florida Golf Services of Fort Pierce in the amount of $43,869 for drainage improvements to the 52-acre FEMA trailer site at the St. Lucie County Fairgrounds as outlined on the agenda memorandum, and authorization for Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER -1 - ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director JV~ ~~p(~~ ~5S ~ County Attorney (X) C~ Budget Analyst (X) I t ~ ~~J`~ % Daniel McIntyre Marie Gouin Robert O'Sullivan Originating Dept. (X) Purchasing (X) De ra Brisson Melissa Simberlund Parks and Recreation • ' ~ ~ ~ ~ MEMORANDUM TO: Board of County Commission rs i THROUGH: Debra Brisson, Director _ FROM: Mark A. DiMascio, Project Manag r DATE: July 14, 2009 SUBJECT: St. Lucie County Fairgrounds drainage improvements ITEM NO. VI-C4 Background: On November 15, 2005 St. Lucie County entered into atwo-year lease agreement with the Federal Emergency Management Agency (FEMA) for the use of 52-acres at the Fairgrounds. The leased land was to be used for staging, storing, sales and demobilization of travel trailers and mobile homes. FEMA agreed to pay $29,750 per month and the revenue is to be used for improvements to the Fairgrounds and to bring property into compliance with all permitting agencies. A budget was established within the Fairgrounds division by OMB and approved by the Board on March 14, 2006. On March 24, 2009, the BOCC approved a lease to retroactively extend the current term from November 15, 2008 through and including April 14, 2009. FEMA employees have stated they expect to be off the premise by the end of 2009. Currently the County Attorney's Office is working to extend the lease to the end of the calendar year. As part of the final site plan approval and permitting process, a purchase order was issued to Miller Legg in March 2007, to prepare construction documents to address storm water management deficiencies in the 52-acre FEMA rental site. Final plans to bring the 52-acre FEMA site into compliance with South Florida Water Management District (SFWMD) and North St. Lucie River Water Control District (NSLRWCD) permitting requirements were completed on January 29, 2009. On June 25, 2009, staff received two responses for request for quotations from local contractors to construct the required drainage improvements on the 52-acre FEMA/Fairgrounds site. The bidders and quotes are as follows: 1. Florida Golf Services Fort Pierce, FL $ 43,869.00 2. H & D Construction Fort Pierce, FL $ 46,556.00 3. Ditchdiggers Fort Pierce, FL Non-responsive BOCC Agenda Memorandum Page 2 of 2 Previous Action: November 14, 2006 -Board of County Commissioners approved Award of Bid RFP 06-114 to Miller Legg for engineering services for 52-acre FEMA trailer site at the fairgrounds. June 9, 2009 -Board of County Commissioners approved reallocation of $59,820.70 from the St. Lucie County Fairgrounds Wastewater Treatment Plant By-Pass Tank project to the SLC/Fairgrounds FEMA Trailer Site project. Recommendation: Board approval of contract with Florida Golf Services of Fort Pierce in the amount of $43,869 for drainage improvements to the 52-acre FEMA trailer site at the St. Lucie County Fairgrounds as outlined on the agenda memorandum, and authorization for Chair to sign documents as approved by the County Attorney. ~ ~ St. Lucie County • 2304 Virginia Avenue Fort Pierce, FL 34982-5652 REQUEST FOR QUOTATION DUE DATE; 06/25/09 AT; 10:00 ~ a.m. 1. J p.m. BIDDER INFORMATION COUNTY CONTAGT INFORMATION Com n Name: Florida Golf Services Contact Person: Mark A. DiMascio Address: 102 N. FFA Road De t./Div.: Parks and Recreation Phone No.: 72 462-2551 C /State/Zi :f=art Pierce, FL 34945 Fax Na.: 772 462-1940 Contsd Person: Wade Yarborou h Shi to: N/A Phone No.: 772 201-2793 Shi Via: NIA Fax No.: NIA To visit the alts, please contact: Si e: Mark A. Di[Nascio, Projects Manager at (772) 475-72x4 Oc.~ Date of Quote: to schedule an a ointment THIS IS NQT AN ORDER Please quote an the following items. Quote price shall be stated in units requested and shall remain fRrm for sixty (60) calendar days. The Cou is exam t from Federal Excise #59-6000$35 and Salts Tax #66-02-01737-53C DESCRIpTIQN BASE BiD Scope of Work is t4 complete drainage improvements per SFWMD and NSLRWCD requirements as outlined on attached plans; including Q~~ o~ improvements or construction of swsies and berms, plugging or removal ~ U of (4) existing pipes to canal(s) at south and east sides of property, `j removal of existing PVC pipe, instaliatfon of new HDPE pipe and tyir?g new HDPE pipe into existing structure(s). Bid should include providing fill dirt if necessary, hauling and dtsposaf of spoils off-site, and stabilization and restoration of all disturbed areas. RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIM{LE, MAIL, OR DELIVER TO CONTACT PERSON AT THE ADDRESS/FACSIMILE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATION WILL BE SUBJECT O THE TERMS AND CONDITIONS t^,ONTAINED {N THE CONTRACT OR PURGHASE ORDER. INSURANCE REQUIREMENTS: Comme~ciaf Liability: $1,000,000 per occurn~nce, $2,000,000 per job aggregate; Automobile Liability: $1,000,000; Workers Compensation, $500,000 SPECIFICATIONS The Contractor shall provide the fallowing ssrvices to the County: NOTE: SITE VISIT 13 MANDATORY AND IS SCHEDULED FOR THURSDAY, JUNE 11, 2008 AT 9:00 A.M., AT ENTRANCE TO FEMA SITE ALONG PEACOCK ROAD. DIGITAL PLANS ARE ATTACHED FOR YOUR REVIEW. A FULLrSIZE COPY OF PLANS WILL BE PROVIDED TO YOU AT THE SITE VISIT. R~oiccicuua muiv ~:la ran z,___._._ i ~ St. Lucie County ~ ' 2300 Virginia Avenue Fort Pierce, FL 349$2-5652 REQUEST FOR QUOTATION DUE DATE: 06/25109 AT: 10:00 ~ a.m. ~ p.m. BIDDER INFORMATION COUNTY CONTACT INFORMATION Com an Name: H & D Construction, Inc. Contact Person: Mark A. DiMascio Address: 1404 S. 28 Street De t.IDiv.: Parks and Recreation Phone No.: 772 462-2551 Cit /State/Zi :Fort Pierce, FL 34947 Fax No.: 772 462-1940 Contact Person: Mike DiGiacomo Shi to: NIA Phone No.: 772 429-1628 Shi Via: N/A Fax No.: 772 429-1620 To visit the site, please contact: Signature:/~~~1%' Mark A. DiMascio, Projects Manager at . (772) 475-7204 Title: ~Zlaro~~:?~' Date of Quote: ~zz ~ to schedule an a ointment THIS IS NOT AN ORDER Please quote on the following items. Quote price shall be stated in units requested and shall remain firm for sixty (60) calendar days. The Count is exem t from Federal Excise #59-6000835 and Sales Tax #66-02-01737-53C DESCRIPTION BASE BID Scope of Work is to complete drainage improvements per SFWMD and NSLRWCD requirements as outlined on attached plans; including improvements or construction of swales and berms, plugging or removal of (4) existing pipes to canal(s) at south and east sides of property, ~ removal of existing PVC pipe, installation of new HDPE pipe and tying ~Gj~ ~i , new HDPE pipe into existing structure(s). Bid should include providing fil{ dirt if necessary, hauling and disposal of spoils offsite, and stabilization and restoration of all disturbed areas. RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIMILE, MAIL, OR DELIVER TO CONTACT PERSON AT THE ADDRESS/FACSIMILE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATION WILL BE SUBJECT 0 THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACTOR PURCHASE ORDER. INSURANCE REQUIREMENTS: Commercial Liability: $1,000,000 per occurrence, $2,000,000 per job aggregate; Automobile Liability: $1,000,000; Worker's Compensation: $500,000 SPECIFICATIONS The Contractor shall provide the following services to the County: NOTE: SITE VISIT IS MANDATORY AND IS SCHEDULED FOR THURSDAY, JUNE 11, 2009 AT 9:00 A.M., AT ENTRANCE TO FEMA SITE ALONG PEACOCK ROAD. DIGITAL PLANS ARE ATTACHED FOR YOUR REVIEW. A FULL-SIZE COPY OF PLANS WILL BE PROVIDED TO YOU AT THE SITE VISIT. ~ _ , - ' - St. Lucie County • ~ 2300 Virginia Avenue Fort Pierce, FL 34982-5652 REQUEST FOR QUOTATION DUE DATE: 06/25109 AT: 10:00 ~ a.m. O p.m. BIDDER INFORMATION COUNTY CONTACT INFORMATION Com an Name: Ditchdi ers Contact Person: Mark A. DiMascio Address: 2108 Orange Avenue De t./Div.: Parks and Recreation Phone No.: 772 462-2551 Ci /State/Zi :Fort Pierce, FL 34950 Fax No.: 772 462-1940 Contact Person: Scott Holmes Shi to: NlA Phone No.: 772 461-5956 Shi Via: N/A Fax No.: 772 461-1111 To visit the site, please contact: • Signature: Mark A. DiMascio, Projects Manager at ' (772) 475-7204 Title: Date of Quote: to schedule an ap ointment THIS IS NOT AN ORDER Please quote on the following items. Quote price shall be stated in units requested and shall remain firm for sixty (60) calendar days. The Coun is exem t from Federal Excise #59-6000835 and Sales Tax #66-02-01737-53C DESCRIPTION BASE BID Scope of Work is to complete drainage improvements per SFWMD and NSLRWCD requirements as outlined on attached plans; including . improvements or construction of swales and berms, plugging or removal ~ ES ~ s ~ of (4) existing pipes to canal(s) at south and east sides of property, Z removal of existing PVC pipe, installation of new HDPE pipe and tying new HDPE pipe into existing structure(s). Bid should include providing fill dirt if necessary, hauling and disposal of spoils off-site, and stabilization and restoration of all disturbed areas. . RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIMILE, MAIL, OR DELIVER TO CONTACT PERSON AT THE ADDRESS/FACSIMILE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATION WILL BE SUBJECT O THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACTOR PURCHASE ORDER. INSURANCE REQUIREMENTS: Commercial Liability: $1,000,000 per occurrence, $2;000,000 per job aggregate; Automobile Liability: $1,000,000; Worker's Compensation: $500,000 SPECIFICATIONS The Contractor shall provide the following services to the County: NOTE: SITE VISIT IS MANDATORY AND IS SCHEDULED FOR THURSDAY, JUNE 11, 2009 AT 9:00 A.M., AT ENTRANCE TO FEMA SITE ALONG PEACOCK ROAD. DIGITAL PLANS ARE ATTACHED FOR YOUR REVIEW. A FULL-SIZE COPY OF PLANS WILL BE PROVIDED TO YOU AT THE SITE VISIT. ITEM NO. VI-D1 ~ - ~ - DATE: 07/14/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parris SUBMITTED BY: Community Services/Housing Division Housing Man ger SUBJECT: Construction Contractor Pre-Qualification Award for participation in the Neighbofiood Stabilization Program BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Neighborhood Stabilization Program (Pending contract from DCA) PREVIOUS ACTION: January 6, 2009 -Permission to advertise RFQ RECOMMENDATION: Board approval of the award of RFQ 09-037 to the top three ranked firms, and authorization for the Chair to sign the contracts as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Vti. E3udget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ~ ~~~--'~f- ERD ( ) Beth Ryder Community Services • ' ~ ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manager DATE: 07/14/09 SUBJECT: Construction Contractor Pre-Qualification Award for participation in the Neighborhood Stabilization Program ITEM NO. VI-D1 Backs~round: The Neighborhood Stabilization Program (NSP) was authorized by the US Housing and Economic Recovery Act of 2008. The NSP funds are to be used to acquire, rehabilitate, demolish and redevelop foreclosed and abandoned properties in order to help stabilize neighborhoods. NSP funding includes 25%, or $840,091, to be used for the acquisition, rehabilitation, and rental of properties. On December 1, 2008, the Florida Department of Community Affairs (DCA) announced the funding allocations for the State NSP; St. Lucie County was allocated $3,984,601. These funds are to be used in the targeted areas within the unincorporated areas of the County. The target areas are Fort Pierce North, Lakewood Park, and River Park. On May 15, 2009, the selection committee met to evaluate the 18 proposals received for RFQ 09- 037 Construction Contractor Pre-Quaycation. The top three ranked firms are Grande Construction from Port St. Lucie, M.W. Patrick, Jr. from Fort Pierce, and TLC Restoration from Fort Pierce. Recommendation Board approval of the award of RFQ 09-037 to the top three ranked firms, and authorization for the Chair to sign the contracts as approved by the County Attorney. BOARD OF ~ ~ - - - PURCHASING COUNTY ~ • DEPARTMENT COMMISSIONERS • TABULATION SHEET - RFQ# 09-037 CONSTRUCTION CONTRACTOR PRE-QUALIFICATION FOR THE NEIGHBORHOOD STABILIZATION PROGRAM OPENED: MAY 15, 2009 AT 2:00 PM Eighteen (18) Submittals v~re received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. AGNELLO 8 SONS GENERAL CONTRACTING INC. Contact: Jose A Hello Phone: 561-743-3199 Fax: 561-743-3199 Address: 105 Fox Meadow Run, Ju iter, FL 33458 ARCHER CONSTRUCTION Contact: Mike Archer Phone: 772-519-0221 Fax: 772-464-8109 Address: 7805 PACIFIC Ave., Ft. Pierce, FL 34951 CERTIFIED BUILDING CONTRACTORS INC. Contact: Mikel S raker Phone: 772-879-2440 Fax: 772-879-0110 Addrnss: 747 SW South Macedo Blvd., Port St. Luae, FL 34983 GRANDE CONSTRUCTION OF FLORID INC. Contact: Gr Oldakowski Phone: 772-336-7240 Fax: 772-785-8851 Address: 5818 NW Dana Cir., Port ST. Lucie, FL 34986 GROVE CONSTRUCTION CORPORATION Contact: Karen Khan Phone: 40774-2487 Fax: 407-401-9432 Address: 3838 Ea le Isle Circle, Kissimmee, FL 34746 J B BUILDERS & CONTRACTORS INC. Contact: Jo a Ballan;na Phone: 30541-9118 Fax: 30541-8111 Address: 3727 SW 8 Street, Ste. 105, Coral Gables, FL 33134 LANDMARK CONSTRUCTION CORP. Contact: DominidcA ostino Phone: 561-784-1977 Fax: 561-784-1994 Address: 2711 Vista Parkwa ,Suite B-15, West Palm Beach, FL 33411 LIBERTY HOME BUILDERS INC. Contact: Jeffre M. Walsh Phone: 772-873-1122 Fax: 772-873-0032 Address: 585 SW Biltmore Street, Port St. Lucie, FL 34983 LUZER ELECTRIC INC. Contact: Ludwi V. Mo an Phone: 305-081-9531 Fax: 305-681-6863 Address: 3371 NW 154 Terrace, Miami Gardens, FL 33054 M.W. PATRICK JR. Contact: M. Patrick Phone: 772-577-1208 Fax: 77265-9164 Address: 1603 Pine Hollow Dr., Ft. Pierce, FL 34982 MATHERINE CONSTRUCTION CO. Contact: J. Michael Hunle Phone: 772-234-2978 Fax: 772-234~i87 Address: 3003 Cardinal Dr., Suite D, Vero Beach, FL 32963 MIDWESTERN CONSTRUCTION INC. Contact: Frank M. Pollard Phone: 321-574-0409 Fax: 321-574-0470 Addness: P.O. Box 111405, Palm Ba , FL 32911 NYC BUILDERS INC. Contact: Errol Wilson Phone: 561-283-3333 Fax: 561-056-9744 Address: 2090 Palm Beach Lakes Blvd., Suite 202, West Palm Beach, FL 33409 NEAL LONG CONSTRUCTION CO. Contact: Cass Lon Phone: 863-357-3313 Fax: 863-824-2604 Address: 11781 SE H .441, Okeechobee, FL 34974 CHRIS DZADOVSKV, Diat~iU No.t ~ DOUG COWARD, DiatAU No. 2 ~ PAULA A. I.EYytS, Dis6ict No. 3 ~ CHARLES GRANDE, Dktriet No. 4 ~ CHRIS CRAFT, Dlatrict No. 5 Cavity AdmiNstrator -Faye W. Oullaw, MPA 2300 vryyha Avenue -Fat Piaies, FL 94962-5652 -PMne (772)182-1700 -TDD (772)162-1428 rvebsfle: www.co.st-lude.6.us TLC CARPET 8 UPHOLSTERY CARE INC. dba/ TLC RESTORATION SERVICES Contact: Linda M. Sam son Phone: 77266-7626 Fax: 772-46Cr1655 Address: 1237 Delaware Ave., Ft. Pierce, FL 34950 T ~ G CONSTRUCTION Contact: David Grabos Phone: 407-352.4443 Fax: 407-352-0778 Address: 8623 Commod' Circle, Orlando, FL 32819 TERRA MAR CONSTRUCTION INC. Contact: Sharma Baboolal Phone: 954-524-9075 Fax: 954-885-4113 Address: 6856 SW 22 St., Miramar, FL 33023 POINCIANA DEVELOPMENT GROUP INC. Contact: Lind Forrest Phone: 305-694-2044 Fax: 30502-2255 Address: 1730 Bisca ne Blvd., Suite 201-H, Miami, FL 33132 NUMBER OF COMPANIES NOTIFIED*: 329 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 54 NUMBER OF BIDS RECEIVED: 18 * -Per demandstar.com CHRIS DUDOVSKV, Dielriel No.1 ~ DOUG COWARD, DieVfct No. 2 ~ PAULA A. LEWIS, Dletrict No. 9 ~ CHARLES GRANDE, Dietrkt No. 4 ~ CHRIS CRAFT. Dis1Aq No. 5 County Adminlstrelor- feye W. O~llew. MPA 2300 VlryMtia Avenue-FoR Pbroe, FL 74982.5852-Phone (772)182-1700-TDD (772) 462-1428 webe8a: vww.co.eMNda.Que r"~~~DG~~nC~Z-irr-ADZ-~~G~ ~-iO -I m W~ < ~ ? ~n~~ n~ n~~ ~ v 3 ni~.ofD~°omaoC~ ~ ~r~ m v3v n ~ ~ ~ ~ aoo.w o o ~ o ii ~ c~D p o ~ ~ rn c m = 3 n(7ai C7 C1 g`3 c~~ ~ n Q~ n CD O O~ O- lD lD N ~ ~ c ~ ,N.r Nn.~ 7 ~ ~ ~ U1 ~ n y 7 ~ „n„ N 3 ~ ~ N O W W W W A N W W A W W W W U7 CJ1 A 0 0 N o! ~l U1 O CJl O CT U1 ~I W O Cr aD (Jl O O O CJ1 O O O ~ n .m. O 7 M -~W ~NWN--~ NAWAWAUTAACT W N 111 +n ~~IUtCTOfTCJ~U1 CJI~IOUIODOOOODCT O O x<t!~ m°3 _ d IY 3 w N~ N W ~ W~~ W N W W W W ~ ~''1~~O~IONO C1100U1CJ100000 O O ~ m D o 3 n ~ 'AAAU1U10)W GIAAACJiC31AU1AA O N ~ D U1 C11U10000CT OOCnO0U10U1 CnCT O O 3 O x O N a ~N NWAAAA WCrUtU1 O N ~m OOOCTOOOCJ~ OU10000U1U1U10 O O nS'x0 C pD W 3 m r~ c ~ ~ W ~ ~ ~ ~ ~ ~ ~ N ~ ~ W ~ ~ OOOCJ~~OOCJ~ OOOW(J~OOOUtCT O O W 7 Cf W -a~-~~~NNNNN ~ AO~NN W AA CrOD(OtOCOON W W CJ1 ~ ONU100DON V W CJ10~ W CT WOODCJt ~t n O ODVQ~A1AWNj OtOODVOOAWN ~ 7 x 7 `~1 ITEM NO. VI-D2 ~ DATE: 07/14/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parris SUBMITTED BY: Community Services/Housing Division Housing Ma ger SUBJECT: Small Cities Community Development Block Grant (CDBG) Grant Administration Bid Award BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001509-6420-534000-600 CDBG Small Cities PREVIOUS ACTION: January 27, 2009 -Permission to advertise RECOMMENDATION: Board approval of the award of RFP 09-039 to the top ranked firm, Meridian Community Services Group, Inc., and authorization for the Chair to sign the contract as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER L~~ Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinatioNSignatures County Attorney ( ) OMB Director ( ) V~~ ! Bud et Anal st ~ 9 Y Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ERD ( ) Beth Ryder Community Services ~ • ' ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director~~" FROM: Jessica Parrish, Housing Manage, DATE: 07/14/09 SUBJECT: Small Cities Community Development Block Grant (CDBG) Grant Administration Bid Award ITEM NO. VI-D2 Backeround: The Community Development Block Grant (CDBG) Program is a federal program that provides funding for housing and community development. In 1974, Congress created the program by passing the Housing and Community Development Act, Title I. The national objectives of the program are to: • Benefit low- and moderate-income persons; • Prevent or eliminate slum or blight; and • Address urgent community development needs. The Department of Community Affairs (DCA) administers Florida's Small Cities CDBG Program. This is a competitive grant program that awards funds. St. Lucie County has been awarded the maximum amount of $750,000. The funding will be used for housing rehabilitation of up to 16 units in the unincorporated area. On May 20, 2009, the selection committee met to evaluate the proposals received for RFP 09- 039, regarding Grant Administration for the 2008 Florida Small Cities CDBG Grant Program. The selection committee recommended award to the top ranked firm, Meridian Community Services Group, Inc. Recommendation Board approval of the award of RFP 09-039 to the top ranked firm, Meridian Community Services Group, Inc., and authorization for the Chair to sign the contract as approved by the County Attorney. BOARD OF ~ ~ - PURCHASING COUNTY • DEPARTMENT COMMISSIONERS . TABULATION SHEET - RFP# 09-039 GRANT ADMINISTRATION FOR THE 2008 FLORIDA SMALL CITIES CDBG GRANT PROGRAM OPENED: MAY 20, 2009 AT 2:00 PM Six (6) Submittals were received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. FRED FOX ENTERPRISES INC. Contact: Fred Fox Phone: 904-810-5183 Fax: 904-810-5302 Address: 26 S anish St., St. Au ustine, FL 32084 The Guardian Team Contact: Christine Masek Alda Phone: 352-429-4570 Fax: 863-583-0357 Address: 4265 US Hi hwa 98 N Ste. 517, Lakeland, FL 33809 MERIDIAN COMMUNITY SERVICES GROUP INC. Contact: Lisa A. Blair Phone: 888-877-1908 Fax: 850-878-8785 Address: 1500 Mahan Drive, Suite 150, Tallahassee, FL 32308 NCS- NEW COMMUNITY STRATEGIES Contact: Ma Jean Dunnin Phone: 954-461-9106 Fax: 954-689-4806 Address: 4801 South Universi Dr-, Suite 132, Davie, FL 33328 ROUMELIS PLANNING AND DEVELOPMENT SERVICES INC. Contact: Deborah Belcher Phone: 850-893-0694 Fax: 850-893-3503 Address: 5378 Carisbrooke Lane, Tallahassee, FL 32309 SOFT CORPORATION Contact: Theresa Littlefield Phone: 954-561-2820 Fax: 954-688-2515 Address: 2325 NE 20 Street, Ft. Lauderdale, FL 33305 NUMBER OF COMPANIES NOTIFIED*: 555 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 36 NUMBER OF BIDS RECEIVED: 6 * -Per demandstar.com CHRIS DZADOVSKY, District No.1 ~ DOUG COWARD, District No. 2 ~ PAULA A. LEWIS, District No. 3 ~ CHARLES GRANDE, District No. 4 ~ CHRIS CRAFT, District No. 5 County Administrator -Faye W. Outlaw, MPA 2300 Vrcginia Avenue -Fort Pierce, FL 34982-5652 - Ptrone (772) 462-1700 - TDD (772) 462-1428 Wetuite: www.co.st-giae.fl.us N O 3~ ~ O~ ~ O~ O~ 'n C~ d Z ~ a~ N~ N n ~ ~ ~ C 1'I W C ~ ~ ~ ~ 'd ~ N C N~ x~ ~ N N fA ~ ~ N ~ ~ N ~ N + O ~ (D n ~ m x 0o c~no~o 0 0 m n ~ j N N N i V W s D O (O W W W 00 O O O~ ~ U1 y ~ Q ~ o D 3? »v - W Ul OU7O~ ~I N ~l O O OD v 00 t)1 CJ~ M O 3~ O 3 ~ ~ Otlo1• al~~ Z 3 wc~n a~o~a~ow can cNi, : D a vm~+ m ~o aNOONO~o 0 0 ~m3 m ~ a~ ~mf a N ~ (J1 ~ Cfl t0 ~ Cr W C1iO ~00~ ~ ~ m ~3 m ~ pm ~ ~ N N N N O~1 A1~U1 V JacO OWN W cyf0 O CJi ~A W N ~ ~ m ST. LUCIE COUNTY, FLORIDA CONTRACT FOR SMALL CITIESCOMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION HOUSING REHABILITATION SERVICES THIS CONTRACT is made and entered into this day of , 200_, by and between St. Lucie County (hereinafter the OWNER) and Meridian Community Services Group, Inc., (hereinafter MERIDIAN). This Contract shall become effective immediately, with Administration Services subject to the beginning date of the OWNER's award agreement for the 2008 Small Cities CDBG Housing Rehabilitation Project for St. Lucie County. WHEREAS, the OWNER has selected MERIDIAN to perform Administration Services for a Community Development Block Grant (CDBG) for the FFY 2008 funding cycle for the Small Cities CDBG Housing Rehabilitation category for St. Lucie County. NOW THEREFORE, in consideration of the mutual covenants and agreements as contained herein to be kept by and beiween the parties, the OWNER and MERIDIAN agree as follows: A. Covenant for Services The OWNER does hereby contract with MERIDIAN to perform the services described herein and MERIDIAN does hereby agree to perform such services under the terms and conditions set forth in this Contract. B. Availability of Funds Payment of funds pursuant to this Contract is subject to and conditioned upon the release of authorized appropriations from the DCA. MERIDIAN shall be paid in accordance with Section D of this Contract. St. Lucie County's Grant Award Agreement from DCA shall become part of this Contract consistent with the requirements established in Florida Administrative Code, Section 96-43.014, if required. C. Scope of Services (1) Intent of this Contract MERIDIAN agrees, under the terms and conditions of this Contract and the applicable federal, state and local laws and regulations, to undertake, perform, and complete the necessary Administration Services required to implement and complete the OWNER's CDBG Disaster Recovery Initiative project for St Lucie County in compliance with applicable laws and regulations. S (2) Scope of Services -Administration • Homeowner documentation intake for income and ownership • Prepare and maintain homeowner files • Progress inspections • Prepare all bid and contract documents • Prepare contractor pay packages • Supervision of payment authorizations Develop project information management and filing system • Maintain project account records • Develop project budgets • Environmental Review Documentation required for each home • Request Wage Decisions • Budget tracking • Review bid documents and contract documents for compliance • Conduct Preconstruction Conferences • Oversight of citizen complaint process • Monitor contractor, engineer, and construction specialist progress • Supervision of payment authorizations • Review change orders and amendments for compliance, as needed • Provide regular project status reports • Monitor all project activity to ensure compliance • Provide all other necessary project and activity related technical assistance • Review final change order, pay request, and construction documents • Balance final project budget • Gather all necessary project supporting documents • Provide all project and activity documents and information necessary to process closeout • Prepare final status report If the Grant Award Agreement between the OWNER and DCA is amended, the scope of services for the project shall be amended to be consistent with that Agreement. D. Consideration and Method of Payment for Services (1) Amount of Consideration For Administration Services of a Small Cities CDBG Housing Rehabilitation grant, the OWNER will pay MERIDIAN the sum of 13% of total grant award for St. Lucie County, subject to availability of grant funds. The OWNER shall issue the fee amount to MERIDIAN over a period of eight months (18) months. MERIDIAN shall receive the sum of $5,000 upon submission to the OWNER all materials required for Release of Funds as specified in the OWNER's Grant Award Agreement from DCA. If the project is completed in less than 18 months, the balance of the Administration fee will be paid to MERIDIAN after completion and submission of the Closeout Status Report to DCA. If the project is granted a time extension and/or budget amendment by DCA, the monthly payments will be recalculated to reflect equal monthly payments based upon the new project end-date and/or budget amounts. (2) Method of Payments MERIDIAN will submit a monthly invoice, which will reflect an equal monthly amount due for the Small Cities CDBG Housing Rehabilitation grant. The invoice shall be submitted to the OWNER for the OWNER's review and approval. Payment will be issued within fifteen (15} days of approval of the invoice. (3) Additional Services If additional services are requested or required, then the additional services shall be established based on the hourly rates identfied in Attachment C of this Contract unless otherwise agreed to, in writing, by Owner and Meridian. E. Subcontracts (1) If MERIDIAN subcontracts any of the work required under this Contract, MERIDIAN agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Contract with the OWNER. (2) MERIDIAN agrees to include in the subcontract that the subcontractor shall indemnify and hold harmless the DCA, the OWNER and MERIDIAN from and against all claims of whatever nature by the subcontractor arising out of the subcontractors performance of work under this Contract. F. Modification of Contract All modifications or amendments to this Contract shall be in writing, executed with the same formalities as this Contract, and addressed to the appropriate parties hereto and given personally, by registered or certified mail, return receipt requested, by facsimile, or by a national recognized overnight courier service. All modifications or amendments shall be effective upon the date of receipt and attached to the original of this Contract. The amount of compensation to be paid to MERIDIAN will not be amended without mutual agreement of the OWNER and MERIDIAN, formally executed in writing, subject to availability of funds. G. Termination (1) This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. (2) If termination for default is effected by the OWNER, an equitable adjustment in the price for this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to MERIDIAN at the time of termination may be adjusted to cover any additional costs to the OWNER because of MERIDIAN's default. For any termination, the equitable adjustment shall provide for payment to MERIDIAN for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by MERIDIAN relating to commitments (e.g., suppliers, subcontractors) which had become contracted prior to receipt of the notice of intent to terminate. (4) Upon receipt of a termination action under paragraphs (1) or (2) above, MERIDIAN shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the OWNER all data, drawings, reports specfications, summaries and other such information, as may have been accumulated by MERIDIAN in performing this Contract, whether completed or in process. (5) Upon termination, the OWNER may take over the work and may award another party a Contract to complete the work described in this Contract. (6) If, after termination for failure of MERIDIAN to fulfill contractual obligations, it is determined that MERIDIAN had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the OWNER. In such event, adjustment of the contract price shall be made as provided in paragraph (3) above. H. Remedies Unless otherwise provided in this Contract, all other matters in question between the OWNER and MERIDIAN, arising out of or relating to this Contract, or the breach of it, will be decided by a Florida court of competent jurisdiction. The venue for any legal action or other proceedings, which might arise from this Contract, shall be Leon County, Florida. I. Liabili (1) MERIDIAN shall be responsible for all damages to persons or property that occur as a result of MERIDIAN's fault or negligence in connection with work performed under the provisions of this Contract, and MERIDIAN shall be financially and otherwise responsible for the proper care and protection of all such work performed un61 completion thereof and final acceptance by the OWNER. MERIDIAN maintains $1,000,000 of Professional Liability Insurance, $2,000,000 of General Liability Insurance, $1,000,000 of Automobile Liability Insurance and $100,000 per accident of Workers Compensation and Employers' Liability Insurance through Old Dominion Insurance and will do so throughout the course of the project. Documentation regarding insurance will be made available upon request. (2) MERIDIAN shall indemn"rfy and save harmless the OWNER, its agents, and employees from liability for any injury or damages to persons or property resulting from MERIDIAN's prosecution of work pursuant to the provisions of this Contract. J. Energy Efficiencv MERIDIAN shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). K. Project Representatives The OWNER's Project Manager for this Contract is: Jessica Parrish, Housing Manager. MERIDIAN's Project Grants Manager responsible for the administration services of this Contract is Mr. Clint Hines. In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representative will be rendered in writing to the party and said notfication attached to the original of this Contract. A L. Terms and Conditions This Contract contains all the terms and conditions agreed upon by the parties. M. Eli ibili MERIDIAN certifies that it is eligible to receive state and federally funded contracts. MERIDIAN also certifies that no party, which is ineligible for such work, will be subcontracted to perform services under this Contract. N. Conflict of interest No member of or Delegate to the Congress of the United States, or Resident Commissioner, and no elected state official or state employee shall share in any proceeds of this Contract, or in any benefit to arise from it. No officer or employee of the local jurisdiction or its designers or agents, no member of the governing body, and no other official of the locality who exercises any function or responsibility with respect to this Contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, MERIDIAN shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. O. Federal Statutory Recauirements When applicable, MERIDIAN and the OWNER shall comply with the provisions contained in Attachment A and incorporated herein. P. Attachments This Contract is subject to the provisions of the following Attachments, which are attached to and made a part of this Contract: (1) Attachment A, "Federal Provisions", consisting of three (3) pages. (2) Attachment B, "Section 3 and Affirmative Action Plan", consisting of one (1) page. (3) Attachment C, "Fee Schedule", consisting of one (1) page. (4) Attachment D, "Sworn Statement on Public Entity Crimes", consisting of two (2) pages. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first written above. MERIDIAN COMMUNITY SERVICES GROUP, INC. By: Name and Title: Lisa A. Blair. President/CEO Attest: ST. LUCIE COUNTY, FLORIDA By: Name and Title: Paula A. Lewis. Chairperson Attest: ATTACHMENT A FEDERAL PROVISIONS 1. Equal Emaloyment Oaaortunity During the performance of this Contract, MERIDIAN agrees as follows: a. MERIDIAN will not discriminate against any employee or applicant for employment because of age, race, sex, national origin, ethnic background, and handicap status. MERIDIAN will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. MERIDIAN agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the OWNER setting forth the provisions of this non~fiscrimination clause. b. MERIDIAN will, in all solicitation or advertisements for employees placed by or on behalf of MERIDIAN, state that all qualified applicants will receive consideration for employment without regard to age, race, sex, national origin, ethnic background, and handicap status. c. MERIDIAN will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. MERIDIAN will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60). e. MERIDIAN will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the OWNER and the Florida or United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of MERIDIAN's non-compliance with the equal opportunity clauses of this Contract or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part and MERIDIAN may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. MERIDIAN will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. MERIDIAN will take such action with respect to any subcontract or purchase order as the local governing authority(s) representative may direct as a means of enforcing such provisions including sanction for non-compliance: Provided, however, that in the event MERIDIAN becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the OWNER, MERIDIAN may request the United States to enter into such litigation to protect the interests of the United States. 2. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 3. Section 109 of the Housing and Community Develoament Act of 1974 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under Title I of the Housing and Community Development Act. 4. "Section 3" Comaliance in the Provision of Trainine, Employment, and Business Oaaortunities a. The work to be performed under this Contract is assisted by direct federal assistance from the U.S. Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 135), as amended, 12 U.S.C. 170. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this Contract will comply with the provisions of said Section 3 and regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. c. MERIDIAN will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants-for employment or training. d. MERIDIAN will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, CFR Part 135. MERIDIAN will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior e to the execution of this Contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 5. Access and Retention to Records The OWNER, the DCA, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of MERIDIAN which are directly pertinent to this Contract for the purpose of making audit, examination, excerpts, and transcriptions. MERIDIAN shall retain all records relating to this Contract for years (6) years after the OWNER makes final payment and all other pending matters are closed. r ATTACHMENT B SECTION 3 AND AFFIRMATIVE ACTION PLAN 1. MERIDIAN will solicit and evaluate applications for employment in a manner that is non-discriminatory based upon age, race, sex, national origin, ethnic background, and handicap status. 2. When training and/or employment opportunity arises in connection with this project, MERIDIAN will, to the greatest extent feasible, provide maximum opportunity to lower income residents of the project. Employment opportunity will be locally advertised in a manner that will ensure that potentially eligible applicants are 1) made aware of the opportunity, and 2) provided a convenient way to apply for employment. 3. During this project, MERIDIAN will seek to purchase necessary goods and/or services from businesses that are located in, or owned by persons residing in the jurisdiction. 4. MERIDIAN will utilize the HUD and Florida lists of minority businesses in filling subcontracting and/or purchasing needs. 5. MERIDIAN will include applicable equal opportunity provisions in subcontracts issued in connection with this project. 6. MERIDIAN shall publicize and post this policy in a conspicuous place available to employees and applicants for employment and training. 7. MERIDIAN is under no contractual or other disability, which would prevent compliance with this policy. ATTACHMENT C FEE SCHEDULE Where grant funds cannot be used or for additional services the following schedule will be utilized: Descriation Fee* Principal $225.00 per hour Project Manager $150.00 per hour Financial Services Manager $140.00 per hour Construction Manager $110.00 per hour Construction Inspector $ 85.00 per hour Accounting/Budget Specialists $ 85.00 per hour Administrative Assistant $ 45.00 per hour *Please note that all fees include overhead, travel, office supplies, benefits, etc. A A ATTACHMENT D SWORN STATEMENT UNDER SECTION 287.133(3)(a), Florida Statutes, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to St. Lucie County. by Lisa A. Blair. President for MERIDIAN Community Services Groua, Inc., whose business address is Post Office Box 13408. Tallahassee. Florida 32317, and its Federal Employer Identification No. (FEIN) is 20-0021782. 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(8), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statues, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of nrcord relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statues, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which othervvise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. A •1 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this swom statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this swom statement on the convicted vendor list. (Attach copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH ONE (1) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT 1 AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature Sworn to and subscribed before me this day of , 200_ Personally known X or Produced Identification Notary Public -State of Florida My commission expires (Type of Identification) (Printed, typed or stamped commissioned name of notary public) ITEM NO. VI-D3 ~ DATE: 07/14/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Man er SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Agreement Modification BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001113-6420-331510-600 CDBG Supplemental Disaster Recovery PREVIOUS ACTION: September 11, 2007 -Approved grant application submission February 26, 2008 -Approved grant agreement September 2, 2008 -Approved Modification Number One June 6, 2009 -Approved Modification Number Two RECOMMENDATION: Board approval of Modification Number Three to St. Lucie County CDBG DRI Supplemental Grant Agreement 08-DB-D3-10-66-01-A05, and authorization for the Chair to sign the mod cation as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER ~1' ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) ~y~~l J~ , ~ , Budget Analyst 1~L~4~ ~'"(`?=s' Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ~ ~ ERD ( ) Beth Ryder A Community Services - - • MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director~y"~- FROM: Jessica Parrish, Housing Manager DATE: 07/14/09 SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Agreement Modification ITEM NO. VI-D3 Background: The Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant is a federal program that provides funding for low-income residents located in communities that have been affected by a natural disaster. Congress appropriates additional funding for the CDBG program as Disaster Recovery grants to rebuild affected areas and provide money to start the recovery process. _ Mod cation Number Three contains the following changes: • Flood & Drainage -number of beneficiaries has increased for Port St. Lucie. • Rehabilitation - St. Lucie County's allocation has increased by $2,584.39. • Rehabilitation -Port St. Lucie's allocation has decreased by $2,584.39. Recommendation Board approval of Modification Number Three to St. Lucie County CDBG DRI Supplemental Grant Agreement 08-DB-D3-10-66-01-A05, and authorization for the Chair to sign the modification as approved by the County Attorney. MODIFICATION NUMBER 3 TO GRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND ST. LUCIE COUNTY This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, (the Department"), and St. Lucie County, (the Recipient"), to modify DCA Contract Number 08DB-D3-10-66-O1-A05, award dated _May 14, 2008`, ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a grant of $J4,501,561.79` to Recipient under the Small Cities Community Development Block Grant ("CDBG") Program as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: o Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. o Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of o Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. o Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. Modification # 3 DCA Contract Number: 08DB-D3-10-66-O1-A05 Recipient: St. Lucie County Page 2 o Change in Participating Parties 5. The Attachment G, Special Conditions section, is hereby modified to delete all references to " as the Participating Party, and replace them with " " as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. o Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. 7. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. o Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. Modification # 3 DCA Contract Number: 08DB-D3-10-66-O1-A05 Recipient: St. Lucie County Page 3 IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Community Affairs Recipient Name: St. Lucie County By: By: Name: Janice Browning Name: Paula Lewis Title: Director, Division of Housing Title: Chair and Community Development Date: Date: w U ° a W ~ ~ w ~ 2 Z U m O u~. ~ W Z O ~ ~ ~ h O N ~ N J ~ O O ~ r ~ N ~ O ~ ~ ti O N 1 j t~ U ~ ~ ~ ~ OMf O O C7 Q M kOR ~ r ~ O h ~ O O Y9 Yy N ~ O ~ O r c'Y YY ~ U M M p r r v ~ rfA ~ ~ ~ ~ 4MA r ~ 'e} M 4N V? W y U ~ W_ Y'f <O O O ~ p J N ~ M 119 N U ~C ~ ~ = N li U M ~ W F. Z p W m N a ~ O ~ ; Q ~ F W p W ~ m m * ~ O O O N p N C O ~ W Q. ~L W m N r O O N N V ~ j ~ M O ~ Z <D r D J d V O ~ > > 7 ~ O U ~ 2 S 2 2 lL LL L Q J J a i Q _ o~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N - J J J J J J J J J J J Z zp GLJ w d' C 'O Q = O d W V y v Q z v m ~ y W ~ H O " O d ~p t0 C d N Q U ~ Z o ~ ~E ~~C N~ ~ W ~ W~ O V W~ ~ ~ > ~ N ~ o z z~ ~ a~ d.. z~ v o r' a D Z•a d y a~i H~ Zn O LL ~ o Q wm a' H d' Qa wm ~ ~ ~C7 ~ U U O ~ U m O N ~ (]a ~ ~ O r M ~ ILL Pa ~ O M M ~ N O O Z ~ O Z W m N O p O O W O v a w V ~ F~ } ~ J H v~ ~ ~ ~ C rn ~ a U ~ O ~ ~ ~ J ~ a a cn °z ~ m ~ m ~ > > 0 0 Q vii = vii z y y F- t- w U O , ~ a w W ~ ~Z w m p~ V z ~n ~ v w rn ~ O O ~ O M M O Q O O O ~ O O O 11') ~ tD O O W W IA ~ .a ~ U' O ~ co o rn O m M M N O M ~ ~ r ~ U fH fR 4~A ~ ~ f/4 GA y y W ~ O O Q J ~ ti U V ~O w I- ~ w m Q ~ ~ U .J J ~ LL W > J ~ m O .a 7 m ~ w ti o 0 C ca ~ ~ ~ w r w ~ o ~ o 0 C. _ ~ 'L ~ Z ~ J pl ~ d ~ ~ O ~ > U ~ 2 2 2 2 d Q O L _ ~ a ~ ~ o~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q Z~ J J J J J J J J J J J J y O ~ w ~ o ~ a c R eNa ~ U 2 z o ~ c m> > _ d ~ ~ O Z - ~ U J~ Z J ~ Y } ~ Q ~ A ~ Q ~ } ~ W~ t R Q w C W y v ~ ° z_ z_ ~ ~ a ~ ~a _z ~ ~ U U •U Q ~ Z d d H Z d ~ Q W c0 Q W m N W ~ ~ ~ a tv m Q O N U ~ ~ Q T O r O LL. Q Z N Z v W .Z m ~ w 0 o_ ~ ~ U ~ J 'c W U ~ J J ~ J J ~ U ? ~ > ~ 1a- m ~ m W m m H w ~ v'i z vii ai ~ O r` W ~ Q W H W ~ fn ~ SZ V m pLL ~ w O ~ 00 C 10f! 1~ J O ~p O O O ~ ~ O O O C~f OW ~ M O ~ M p O Q ~ M O <D ~ O O t0 t0 IA O O C7 C7 ~ N N O r ~ M aY _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ U ~ W d ~ N 1~ O O N Q J U ~ ~ W V O ~ 2 O w m v~ a ~ U ~ W j Q m O -p ~ o m ~ ti ti O O N J R _ ~ W ~ ~ Z m ti n O O M W Q. _ ~ ~ uJ Z ~ J N a V U ~ _ _ _ = J O Q .O a i o~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - Q Z~ J J J J J J J J J J J J t_ O Q ~ W W o a~i ~ ~ ~ = z G cRi m; c ~ > V O z 'o ~ °i v m m ~ Q a ~ ~ m ~ d ~ ~ E vWi Q j w ~ wa ati `o ~ c m w~ a O ~ ~ m~ o z z~ ~ a dam z~3E µ"O ~ U ~ O = ~ ~ ~ .a TL` a a ~ ¢ wm ~ Q wm ? to r - w o LL Q. ~ m Q ~ O M N M V d ~ N ~ O p ~ O LL Q ~ W U Z m ~ J p a ~ ~ o } O 0 ~ V C m m a O N N~ a O U 7 2 O V Z ~ O O Q ~ ~ ~ ~ 7 ~ O Q ~ Z N N ~ F- 1 w U O a w w o =°z m pLL U ~ W M M M O O ~ G 1f~ N N O tl1 In Q O O 07 O V! to O NY ~ ~ O ~ ~ 'i? vi c iri ~ ~ ~ ~ O m w w ti ~ ~ ~ w ~ ~ u~. U vi w tR v~ ~ ~ ~ N ~ W L Q O N O O ~ d ~ r ~N U Y. O r W G1 W m ~ ~ Q ~ U J ~ LL ~ J Z H d ~ wm O 'a ~ ~ 7 m ~ ~ N O O p -a N C R = fn ~ O z m r+ W ~ ~ N O O ~ C. _ ~ so •L ~ Z ~ J N a d g V U ~ 2 2 2 2 J N Q O L _ ~ a i o~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q Z~ J J J J J J J J J J ~ ~ O W W O d Q C1 W O Z w w ~ ~ p N ~ C ~ Q ~ O eo ar ~ E ~ ~ W ~ ~ Q Z r J~~ Z_ ~ J 2 ~ Q y ~ to ~ W m t ~ O~ Q W ~ j~ o Z z~ ~ a ~a~ Z~ c o '""'CV Q ~ C7 'n ~ H U' 'a LL ~ LL ~ U Q W~ H Q W N O~ ~ W O _ d ~ ~ x v m m Q ~ O M N eh U ~ Ga ~ ~ N r O O r O LL Q Z Z O ~ v W . m O Q Q O O O W O o O O W Q o ~ m m ~ V w F. 'a W N ~ U ~ ~ J ~ V ~ ~ O O ~ Q ~ LL m m F- Q =O Z N ~ ~ O v ° ~ 'O aMO ~ aNO aNO aNO CO• a~ -o cD ~ ~ ~ u~ ~j ri ~ ri c~i c~ ~ O C d9 7~ ~ O ct ~t ~ M d -~p~~ ~ ~ EA bN9 dN9 ~ ~ Q ~ O Q1 ~ ~ ~ `p ~ N ~ ~ O ~ N OG 1~ ~ N~ C O d' O O O CD ~ N tOn .n y w O N ~ ~ p ~ Q LA ~ Q. ~ ~ ~ N O ~ O ~ fh M O r ~ O Q ~ ~ ~ ~ ~ ~ Q~ ~ ~ _ ~ ffl Efl ff3 ~ dg ~ 3 r 7 O N ~ ~ ~ ~ y C~ O.0 C Q Q O C ~ j C ~ = o~w Z Z o~ o~ ~ = 2 a m ~ > w ~ o c~ ~ a~ U ~ o v ~ ~ W c ~v 'c V Q~W co c Q ~ '~Z Wmd a a ~ `o ~ c~~a m Y ~ 1 ~O. W~~ ~ _ c D ~ d NY HOm o ~ ~ ~ ~ ci ~ Q ~ ~ O C a m U o w m~ o o ~ O Q~ `o~°~ oc ~ d 'o ~ LL. F- a~ o o ~ 3 0 ~ U_ Q W ~ c'i~ a~iw aui o.a ~ ~ ~ ~p°~ °~ai a ~ ~ ~ ~ ~ = v~ ~L ~ ~p o ~ O Z Q. Q~ O C~ Na O C d U Q~ N C C = O N ~ r 3 ~ ~ ~ ~ ~ j ~ C O` ~ ~o O oV~ ~ ~ _ o a ~ O c0 V c ~ ~ o ~ o V U c0 ~ Q m ~ voi 2 c O LL ~ ~ ~ m~ ~ o ~ ~ a ~ •7MJ y a> ~ c ~ o a~ Z J G o = J Q ~ ~ U v c ~ w ~ a~ Q ~ m c ~ a ~ ~ ~ o E Q Q m U ~ rn rn ~ 0 0 O Q w c~ ° ° ° o ~ c W N N N N N nJ N O a 0~ N N N ~j ~ C r r r f0 L_ Z Q W N W 'C c~j rn o a~~ m °o °o o ° o ~ WOW ~ O N ~ N N N N ~ ~ ~ M O V ~ ~ Z ' C O L c O N~ L O W O O O O O O ~ O y 0 y O O O O O O O ~ :C ~ ? ~ O O O O t!7 ~ ~ a ~ Ef) ~ ~ 6~9 ~ ~ ~ ~ ~ NFi) a O l(~ ~ ~ ~ o ~ ao ~ p o ~ N 0 00~ o~ ~W ° ~ ~ ~ °o o ~ ~ Nti ooa~i0 00 ~ co ~ o o rnQ _ o ~ O~ N M M M p N O> ~ t0 4. ~ ~ ~ ~ ~ EA 6M9 E~ e- Q' ~ O ch ~ 7 r ~ ° a~i ~ rn rn O c~o-~w Z Z ~'`>>c vac c*>~ ,a^ ~ U V m C O C U U O ~ c ~ ~ ~ d O H ~ ~ ~ U O p ~ .x ~ ~ > ~ _ U Q~ uJ ~ Q o - a m vi 3 w rn ~ ~ ~ Q ~ ~ ~ a n. O ~o ~ o ~ ci ~ O V V ~ ~ rn~ •c ~ ~ O Y Na W~~ ~ - a~ c Oa Q~i a- ~ ~ Y HOm c ca o c co 0 Q~~ occ ~c U ~o mL ~o U ~ ~Q GaN Uow mO o °~co •Oa r`- ai O Q~ o~~ oc ~ ao °'0 2m ~ vOi c c ca c o co ` o c N~ _o LLB"" Y~~ 3 O~ Ov O° o- U Q V ~ a0i W Q c Z' ~ a°, c Q o ~ ~ m ~ ai ~ ~ O`o 'off OD U ~ ~ O in ~ a~ ~ m ~ vi a ai ° o c i O Z~ U~ cnL E Lm > U F- ~a Q V •~a c ~H ° a Q ~ m ~ ' ~ oc`p~ me c m a~ ~ d _ c o U O Oca~ ° o ~ om cap me o ~ o V V~ O Q me ~ °c d0 aS O w O ~t~ ~ v- m ~ a~i o ~ c ~ s m H' JD O o~ o~ Q o~ c ~ ~ d U a~ o c -a Z ~ = o = ~ U ~ o ~ W N m V a o o m O c H O N L N p ~ O N a/ O ~ to U O- a> c ~ o a m w w oo rn rn rn rn o O m Q w ~ ~ °o o° °O 00 0 0 ~ a~ Z~ N O O N N N N N N N O U w W WQ ~ ~ ~ V w rn ~ rn rn rn o 0 a- ~s ~ 0 0 0 0 0 0 ~ g U Z~ a~ p 0 N N N N N N N aj W O W 0~ ~ ti ~ N rn ch o ~ U cq Z o o a~i m a~ v c o 0 0 °o °o o °o. o rya ~w o 0 0 0 0 ocnocn o 0 0 0 0 0 0 0 0 n a~ m o 0 0 ~ ~ o ~ ~ ~ O .C ~ ~ ~ ~ ~ In N N ~ N N N ~ ~ d9 Q ~ d9 Eft to Ef3 f!~ E!) 69 ~ ~ Q ~ O O O Q1 M ~ ~ 'd p0 o O LOC) ~ O ~ O ~ N G~ ~ O~ l 1 O 00 p ~ l0[) O N ~ O~ N~ cn ~ cn O 0 o v_ O o ~ o Q L(1 O O N ~ O _ LC) O O_ 7 co N p t~ ~ a~0 O 01 M ~ ~ r M ~ ~ ~ ~ r ~ d' In r ~ Ef3 r d' ~ ~ d ~ - 69 EA 69 EH ER EA ~ v ~ ~ co ~ r O ~ Q) O O) LL LL ~ C y C y 0 J J w O N N~ Q Q O'tA~= O~N~=O~ N CD C~ D. ~ C ~ 7 C r 7 C O J In I~ ~ O~ w Z Z O~ O~ ~ ~ U Z = chi N a m p o co ~ a~ r ~ V o ~ ~ a~ aci ~ o ~ a W W C7 o a"i ~ c ~ o H ~'G~ U ~ -a ~ c`a ~ U V Q=W ~ ~ rn ~ ~~~~-c°i JZ WmG. a a~'iai `o c ~ ~ m Q ~ V ~ 'c ~ rn ~ O rn 'a Y coo ca ~ a d W W w~ ~ O E ~ o o d ~Y F-Om ~ :a c c.° ° w Q ~ c0 f°U ~ o c c o c U v ~p oav~i ~ ow m~ o .o ~ 3 ~~sa ~ o Q~ o o c ~ d .o cm oQm ~ u.~ a~ °P ° ~ 3 o c m•j~p•cn U ~ V- m 3~ c Q c rn O ~ co 0 0~ i J C.1 ~ aUiw a~ - ~p~c"p.a~ ~ Q Gov a~~ a aoi °a?°oy~° ~ p Z~ c ~ ~ mL ~ c~ a ~ oa ~ O. 7 m c~ .`a ~ ~ ~ .o E ~ ° ~ QJ coc o ~oOc~ a~ = r Yp ~ N U 3 ~ ~ y V _p y j ~ ~ ~ ~ C oU~ c ~ _ ~ ~ w ~ ° c ~ d ~ O O cG ca ° m o o v, m O ° o V cG ~ v m° ~ _ ~ 2~ m 4. w O LL d o h Q rn -c =c 4- ° N a~ a °N' N ~ O V t`0 > C Q Q ~ O N ' ~ m > c O r- 0 0~~ O v ~ M a ~ 7 0 U O rte-. C 3~ V O 'Z O o 2 o y ~p ° v a o ~ U a a~ ° S to p = ~ ~ ao V ~ a~ o ~ o a u ~ ~ ~ N U U ~ o ~ Q U W M ~ ~ m ° U U Y C Q Q w C N O O O O O O O O C Z W 0 0 N N N N N N N N O 0~ r r e- M lf') O ('7 ~ ~ U ~ Z W m W~ V o rn o rn o rn o o ° a ~ ~ ~ w c`o 0 0 °o °o °o °o ° o ~ Z~ ~ p T N N N N N N N N w WOW ~ E v ~ ti ~ rn ca ° ci Z V ~ v ti 1 ~~~~Ee Engineering, Inc. Civil Engineering Professionals June 11, 2009 801.24 via Flna~7: h~adeau[<r`dl?~.axn Mr. Larry Nadeau Project Manager CTI'Y OF PORT ST. LUCIE DEPARTMENT OF PUBLIC WORKS 450 SW Thornhill Drive Port St. Lucie, FL 34984 (772) 871-5104 RE Ea?sI'/WESr D[)NBROOKE CIRCLE Dear Mr. Nadeau: In 2005, CAPTEC Engineering, Inc. was retained to evaluate city-wide drainage system failures caused by Hurricane Wilma. It was determined during our evaluation that the damages caused by Hurricane Wilma to the East and West Dunbrooke Circle drainage facilities warrant replacement of the street cross culverts and detention pond inter-connect piping in order to reduce flooding potential and address safety and health concerns. Please contact me if we can provide any additional information. Sincerely, Steven P. Marquart, P.E. Project Manager SPANgc P:\800\801.24 CDBG Culvert Replacement\PSL\Dunbrooke Wilma Damages 061109.doc 301 N.W. Flagler Avenue • Stuart, FL 34994.772-692-4344 • Fax: 772-692-4341 E-mail: captecinfo@gocaptec.com f t~3als ~avd OIN30S t ~ _ i _ c V - v k r y . _.....t...__. n. \ L ~k _ it ~ . L n _ i. _ ~ i ~ 3 w '_L '1"/ M ~ ~ _ ~ .r. ~ o % r ~ I - oc \ j 1 i ~ ' J _ , _ ~ ~ - ° j 1 o _ ~ _ 0 r a m Q 1 ovoa oavNN3~ - ~ ~ ~ D ROAD LENN~ ITEM NO. VI-D4 ~ DATE: 07/14/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parris SUBMITTED BY: Community Services/Housing Division Housing Ma age SUBJECT: Quarterly Allocation of Funds from the State Housing Initiative Partnership (SHIP) State FY09 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 185010-5420-335510-500 SHIP FY09 PREVIOUS ACTION: August 5, 2008 -Approval of Budget Resolution 08-252 February 24, 2009 -Approval of Budget Resolution 09-058 RECOMMENDATION: Board approval of Budget Resolution 09-185 to budget funds from the SHIP FY09 fourth quarter allocation, and authorization for the Chair to sign the resolution as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER - Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sis~natures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ~ ERD ( ) Beth Ryder Community Services _ ~ _ - _ _ • ' ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director~y~`-' FROM: Jessica Parrish, Housing Manag DATE: 07/14/09 SUBJECT: Quarterly Allocation of Funds from the State Housing Initiative Partnership (SHIP) State FY09 ITEM NO. VI-D4 Background: Florida Housing Finance Corporation (FHFC) administers the State Housing Initiatives Partnership program (SHIP), which provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. The program was designed to serve very low, low and moderate income families. SHIP dollars may be used to fund emergency repairs, new construction, rehabilitation, down payment and closing cost assistance, impact fees, construction and gap financing, acquisition of property for affordable housing, matching dollars for federal housing grants and programs, and homeownership counseling. The FHFC disperses the funding quarterly; therefore it is necessary to do a Budget Resolution to properly allocate the funds for the fourth quarter. St. Lucie County received the fourth quarter allocation on April 15, 2009 in the amount of $10,422. Recommendation Board approval of Budget Resolution 09-185 to budget funds from the SHIP FY09 fourth quarter allocation, and authorization for the Chair to sign the resolution as approved by the County Attorney. RESOLUTION NO. 09-185 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 the fourth quarter allocation from the Florida Housing Finance Agency SHIP, in the amount of $10,422. 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 14th day of July, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 185010-5420-335510-500 Florida Housing Finance Agency $10,422 APPROPRIATIONS 185010-5420-549601-500 Housing Assistance-Mandatory $10,422 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 14TH DAY OF JULY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-D5 _ - ~ 1 DATE: 07/14/09 • • ~ . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parris SUBMITTED BY: Community Services/Housing Division Housing Ma ger SUBJECT: Amendment to State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (CHAP) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 27, 2007 -Approval of Resolution 07-142. RECOMMENDATION: Board approval to adopt Resolution Number 09-201 amending the St. Lucie County SHIP CHAP, and authorization for the Chair to sign the resolution as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER --~~1 - _ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst " Daniel S. McIntyre arie Gouin Sophia Holt Originating Dept. ( ) ~ ,~y~- ERD ( ) Beth Ryder Community Services _ S - ~ - • ' ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manager DATE: 07/14/09 SUBJECT: Amendment to State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (CHAP) ITEM NO. VI-D5 Background: St. Lucie County is required to adopt a Local Housing Assistance Plan (CHAP) for the SHIP program describing the activities planned for funding the next three fiscal years. On June 24, 2009, the Affordable Housing Advisory Committee (AHAC) met and approved the following changes: • Add Florida Homebuyer Opportunity Program as a strategy with a maximum subsidy of $8,000; • Change the purchase price limit set by the Florida Housing Bond Study: o New Homes: $327,600 o Existing Homes: $327,600 • Lower the maximum award on Homeownership -Down Payment from $80,000 to $25,000 for all income levels; • Change the maximum award for Homeownership -Rehabilitation from $80,000 to: o Repair $40,000 o Reconstruction $75,000 o Accessibility Improvements $ 5,000 • Add Homeownership -Foreclosure Prevention with a maximum subsidy $5,000; • Change Homeownership -Disaster Relief from $5,000 to $25,000 for all income levels; • Change the 3% interest rate to 0% interest; • Change the forgiveness period from 30 years to the following schedule, for consistency amongst all housing programs: o Under $15,000 Forgiven in 5 years o $15,001 - $40,000 Forgiven in 10 years o $40,001 - $60,000 Forgiven in 15 years o Over $60,001 Forgiven in 20 years • Increase the percentage individuals can devote to housing costs from 30% to 38%; • Broaden the definition of Essential Services Personnel; and • Correct and eliminate repetition and scriveners errors. Agenda Memorandum SHIP LHAP Page 2 Recommendation Board approval to adopt Resolution Number 09-201 amending the St. Lucie County SHIP LHAP, and authorization for the Chair to sign the resolution as approved by the County Attorney. RESOLUTION N0.09-201 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 07-142 TO AMEND THE LOCAL HOUSING ASSISTANCE PLAN FOR ST. LUCIE COUNTY AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM. WHEREAS, on June 15, 1993, this Board adopted Ordinance No. 93-017, which established Chapter 1-10.5, Article IV, State Housing Initiatives Partnership of St. Lucie County (SHIP-SLC), of the St. Lucie County Code of Ordinances and Compiled laws; and, WHEREAS, on November 14, 2000, this Board adopted Resolution No. 00-269 which provided for the adoption of the amended local Housing Assistance Plan for St. Lucie County, as required by the Florida State Housing Initiatives Partnership (SHIP) Program; and, WHEREAS, on May 8, 2001, this Board adopted Resolution No. 01-75 which provided for the adoption of the amended Local Housing Assistance Plan for St. Lucie County, as required by the Florida State Housing Initiatives Partnership (SHIP) Program; and, WHEREAS, in accordance with Ordinance No. 93-017, as amended, and the State Housing Initiatives Partnership Act, Section 420.907, Florida Statutes, this Board must approve, by resolution, any amendment to the Local Housing Assistance Plan which delineates affordable housing strategies and identifies the average and maximum purchase prices for eligible property; and, WHEREAS, this Board is required to adopt the new Local Housing Assistance Plan for St. Lucie County for State requirements and/or meet specific community needs; and, WHEREAS, the County may move funds between strategies as necessary to maintain compliance with State requirements and/or meet specific community needs; and, WHEREAS, in order to expedite the closing process for approval of SHIP closing cost and down payment assistance mortgages, this Board has determined it is appropriate to increase the SHIP program signing authority for the Community Services Director, f/k/a Human Services Manager, up to and including Forty Five Thousand and no/100 Dollars ($45,000.00); and, WHEREAS, in accordance with Section 420.9072, Florida Statutes, ten percent (10%) of the local housing distribution and five percent (5~0) of the program income will be used to pay the administrative cost of the local housing assistance plan; and, WHEREAS, in order to expedite the process of filling the Satisfaction of Mortgage, this Board has determined it is appropriate to authorize the County Administrator to execute the Satisfaction of Mortgage; and, WHEREAS, the average and maximum SHIP funds allowable for the Housing Assistance Plan strategy set forth in the Local Housing Assistance Plan are: LHAP Strategy SHIP Average Award Very Low Income Low Income Moderate "100" & "120" Moderate "140" Rehabilitation Assistance $20,000 $15,000 $15,000 $10,000 Down Payment Assistance $45,000 $45,000 $40,000 $40,000 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Resolution No. 07-142 is hereby amended by adopting the Local Housing Assistance Plan for St. Lucie County, incorporated herein by reference, for State of Florida fiscal years 2007- 2008, 2008-2009, 2009-2010 B. Resolution No. 07-142 is hereby further amended to revise the maximum SHIP funds allowable for the Housing Assistance Plan strategies set forth in the Local Housing Assistance Plan as follows: LHAP Strategy SHIP Maximum Award Very Low Income Low Income Moderate Income Rehabilitation $40,000 $40,000 $40,000 Reconstruction $75,000 $75,000 $75,000 Accessibility Improvements $5,000 $5,000 $5,000 Purchase Assistance $25,000 $25,000 $25,000 Disaster Relief $25,000 $25,000 $25,000 Foreclosure Prevention $5,000 $5,000 $5,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis XXX Commissioner Charles Grande XXX Commissioner Chris Dzadovsky XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 14th day of July, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN ST. LUCIE COUNTY _ - ~ ~ SHIP LOCAL HOUSING ASSISTANCE PLAN (CHAP) FISCAL YEARS COVERED 2007/2008, 2008/2009, 2009/2010 Revised 6.8.09 Page I ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN State Housing Initiatives Partnership (SHIP) Program HOUSING ASSISTANCE PLAN State Fiscal Years: 2007/2008, 2008/2009, 2009/2010 TABLE OF CONTENTS PAGE SECTION I PROGRAM DESCRIPTION cf,«p>~,~ ~s~-3~.oos F..-i.c. ~,,,ase~~uor, 42n ~0~2 F s~ A. Name of the Government and Interlocal participating local 3 B. Purpose of the ProPram C. Fiscal Years D. Governance E. Local HousinP Partnership 3 F. Leveragi~ 4 G. Public Input 4 H. Advertising and Outreach 4 I. Discrimination 4 J. Support Services 4 K. Purchase Price Limits 4 L. Income Limits, Rent Terms and Affordability 12 M. Welfare Transition Program 13 N. Monitoring and First Right of Refiisal 14 O. Administrative Budget 1 ~ P. Essential Services Personnel I6 SECTION II. LHAP Housing Strategies cr~a~,e~~ ~~-;.nos. F.a.c. 1. Homeownership -Rehabilitation 2. Homeownership -Purchase Assistance 3. Homeownership -Disaster Relief 4. Homeownership -Foreclosure Prevention Assistance 5. Homeownership -Florida Homebuyer Opportunity Program. SECTION III. LHAP IilCelltlVe StrataeleS 5'ecli~n 420 J071 (l6i arxlSectivn 42n 9076(61 F S A. Expedited Permitting B. On Tk,0111~7 Review Process SECTION IV. EXHIBITS Exhibit A Administrative Budget Exhibit B Expenditure Timetables, FY 2007/2008. 2008/2009, 2009/2010 Exhibit C Housing Delivery Goals Charts Exhibit D Certification Exhibit E Adopting Resolution Exhibit F Program Information Sheet Revised 6.8.09 Page 2 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN I. PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S. A. Name of the participating local government and Interlocal if applicable: Section 420.9072(S),F.S. St. Lucie County Interlocal: No X Name of participating local government(s) in the Interlocal Agreement: N/A B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.OOSF3}, F.A.C. Creation of the P-lo~ Local Housing Assistance Plan is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, to further the housing element of the local government EComprehensive pPlan specific to affordable housing and to provide matching funds to the HOME Investment Partnership Program. C. Fiscal years covered by the plan: Chapter 67-37.002, F.A.C. X 2007/2008 X 2008/2009 X 2009/2010 D. Governance: Chapter 67-37.OOS~s+~{3~t} F.A.C. and Section 420.9071{44}F.S. The SHIP program was established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program furthers the Housing Element of the local government Comprehensive Plan, nx-'vRnazrcrcic~-'cm~c~uxrcic~-mtrir-o Cities and Counties must be in compliance with these applicable statutes and rules. E. Local Housing Partnership: Section 420.9072f1){a}, F.s. The SHIP program encourages building active partnerships amongst government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. St. Lucie County is particularly proud of its partnership with the St. Lucie County Lending Consortium. Any financial institution or mortgage company that agrees to send representatives to semi-monthly meetings, provide a special lending package and support homebuyer education classes may join the consortium and offer first mortgage loans to SHIP applicants. The Consortium lenders have agreed to reduce their application fees, provide fixed rate mortgages at a reduced rate, waive PMI on Revised 6.8.09 Page 3 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN loans from 80% to 90% loan-to-value, and waive origination fees and/or points for SHIP applicants. When bond funding is available and can be used in the best interest of the SHIP applicant, origination fees and/or points may be required and paid from SHIP funding. (When bond loans are not available from consortium members, Housing Division staff may give temporary approval for a lender outside of the consortium to fund the loan under a bond commitment; it must be in the best interest of the applicant and the SHIP program to do so.) Training events and special meetings are also scheduled to bring together lenders, title companies, realtors, and homebuilders. SHIP applicants must have apre-approval letter from a member of the St. Lucie County Lending Consortium to make application. F. Leveraging: Chapter 67-37.007}(-I~e~, F.A.C. and Secrion 420.9075 , F.S. The s LHAP is are intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Chapter 67-37.005{x}, F.A.C. Public input was solicited through face-to-face meetings with housing providers, social service providers and local lenders and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the ~l u,,,,~:.,,, n ~~;~+.,,,,.a .,,,a +~,o Notice of Funding Availability and posting the LHAP online for comments. H. Advertising and Outreach: Chaprer 67-37.005{~t}, F.A.C. St. Lucie County shall advertise the notice of funding availability in a newspaper of general circulation serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Discrimination: Section 420.90750, F.S. In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the awazd application process for eligible housing. J. Support Services and Counseling: Chapter 67-37.005"~,FA.C. Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling, a~ Credit or Mortgage Delinquency Counseling and Budget Counselin;~. K. Purchase Price Limits: Section 420.9075(4}f0, F.S. and Chapter67-37.007} F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housing Revised 6.8.09 Page 4 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price maybe calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used by St. Lucie County is: X Bond Study Numbers provided by Florida Housing Finance Corporation Independent Study (copy attached) U.S. Treasury Department The purchase price limit for: New Homes: $327,600 Existing Homes: ~~$~A-~99 $327,600 Purchase prices for subsequent years will automatically adjust to the new bond study limits in effect without passage of a new resolution each year. L. Income Limits, Rent Limits and Affordability: Chapter 67-37.OOSf3}(e}, F.A.C. and Section 420.9071{x}, F.S. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means the monthly rents or mortgage payment including taxes and insurance do not exceed ~8 38 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 38°% 38 erp cent of its income for housing, and housing for which a household devotes more than ~ 3 8 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark. M. Welfare Transition Program: Chapter 67-37.005(6)(b)(7)FA.C. Should an eligible sponsor be used, St. Lucie County has developed a qualification system and selection criteria for applications for awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employ personnel from the WAGES and Workforce Development Initiatives programs will be given preference in the selection process. N. Monitoring and First Right of Refusal: Section 420.9075f~;1{e~s+~{4~{¢}, F.s. In the case of rental housing, Housing Division staff will annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, Housing Division staff may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the Revised 6.8.09 Page 5 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN original amount of $3,000 or less shall not be subject to annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. AdmlIIlstratlve Budget: Chapter 67-37.0050}(¢}3, F.A.C and ~30.907?(7i. F.S. A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. St. Lucie County finds that: c+ T +'~°+'`Tthe funds deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5 percent of the local housing distribution funds and program income deposited into the trust fund. e3 A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5°~ ep scent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs._ St. Lucie County has adopted the above findings in the attached resolution, Exhibit E. P. Essential Services Personnel: Definition us required in Chapter 67-37.002(6), F.A.C. P?~S6i~-lid-l~e@~--6~--3~~6~f1~@i3Siii~=J~T1~0-ca°c-cinpio^T°cc'~i-zirvccupacrvrr~--vr '`Essential Service Personnel" is defined as allpersons who contribute to the growth and well being of the County. This includes but is not limited to aal~person einplo~ b_y educational, ~;overmnental and human service a~encies• health care personnel• public safety~ersonnel; any skilled building trades personnel or food. service personnel." II. LHAP HOUSING STRATEGIES: Chapter 67-37.005{3}, F.A.C. A. e-e~ -tl}e--Segue-~efi~~°.~~,~--~~e,.• r„~.. ~.~ir.~ta-~~ Revised 6.8.09 Page 6 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN Homeownership -Purchase Assistance a. Summary of the Strate~y: T4 ' +T, ~+h' + 4 + +l, T- F ~ a 1,1 G. w ~ T'-`Y`S~ r --r - - - - - - - ~ C~ 4 T 1-. 4T. 1, 4 ^ ,:4b. 41, ^ ~.T, ~ .a 4: « _ _ 7, ua > a ro`~'~>--"'mom-lizvcr°ciui~ 1" TT Tl' 4 FF A l; .,4;i. >:111,^ «lr .a rl' 4 + L, <1111G I.V G b ~L~~~,,,r r~ xx~3- cv~3c-crcarcTi6ttiitttC~t ~ 1'' 1 , ~~rlr:+„ TL. ^ C' i7TD « „x;11 .The Purchase Assistance Stratew provides down payment and closing costs to homebu~~urchasin~ homes within St. Lucie County. b. Fiscal Years Covered: 2007-2008, 2008-2009, 2009-2010 ~A~-tie--beginn~g--e~€>•s 1 ~nn~ ~nn8-998 ins°T nL~°~n.t~n~ ~,«a~ ~ + 1 4 2no/ ~+1, ~ .l + 1, .l .l 41,^ 4;x...,1 11 1,^ .,««l:^,l 4„ ~1,,,~~ _ _ ;'x..11 ~xxxssvcccrprc~--1~37~ czT16~~LZrtE6ii~e~39~1Se~6~~S-~~ +L. 4~ ~ ,ate ,;11 1..^ ,~,~,7e '1 1.1 + 1 a ~ 11 4 .l^..^40 ^ L,~,,,1.^1,n1d~ c. Income r'°~^'-^~~^° ° '^aCriteria: This strategy will serve residents with household incomes at or below 120 percent of the area median income as defined in Section 420.9071 F.S., which limits are published annually and distributed by the Florida Housing Finance Corporation for use in the SHIP ~ro~raln. 0 ~~Ti-ll~e-6ei~s}~e~fS~€ean~iypircrnic~rcrc •.aiiiiig=pro;,; l~z?-v 0 1, 'a ,l 4'+ 11 1 ^ «1:.,.,«4c, 1..,+1, « 4T.^ ,,,^;4:«.. 1:,.4 ~ ^rr ~ o b rr r,r a 4 «1 nn» r u 1, 1.1 • + ~ 1 1 nnoi 4'41,^ ^ ^ ^.1;..« mvcccrcisc ~ ve-m66ii~ T, +1, a 41, 41+ u~+ i..,.,^ 1.;~1^,.^a n ««l;^.,«4c, „ b rr rrrc-v'rrxrv~cvzrsxu~ct~.....~...»...,_ »YY•_•..•.•...`•,. cc » 0 'll 1. 1 .l •.a '.i .l 4'+ 11 1.,,,, .,«.1 1...,, ; «1:,..,«4c. - ~ ^rr T, 4T. .l 41, 4L, 1;x,4 1,^„^ L.^^« n;~l .-^a A ««1:.,.,«+~ ^;4:«.. D rr d. Maximum award is noted on the Housing Delivery Goals Charts: QLTTD ~ .l 1. .i + .,Lo +T,^ ;+r ~ ,7 L.1 +1, nt, 1.. ~ ,o ~ ~ , > > Revised 6.8.09 Page 7 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN €e~e° ",~miE~6~e~'° ",~riv'-'ne~lse~3e~E~-liac~iz~'iviae9~i ;~east-$~~9-a€t#eene~-€e~-de~~~r3en~seJLJ. T'' •11 1 •+1, +>1 Income Level Maximum Award Very Low Income (0-50%AMI) $2,000 Low Income $25,000 51-80%AMI Moderate Income 81%-120% AMI $25.000 e. Terms, Recauture and Default: TL,° ~ ,,,;11 1.° +l,° F .1°~ ....°.i 1.,.,.. ,1„° °ra ,.,l.l° ,,,1,°,., ° ~ ~e-t~e~e- ire--lenge~e~~~e~-ese~~d~e' a~~-s~~~~+~~oe ~e~t~~tiie All ln~r~~ rlrovidea+„ w^ °t,^la~ ,:n `~„+..µ`+„µ11 +1, r_ _ _ _ _ u cu a j' jvva w ivvuY~auv cw ~~i~xe t i~6~e-aid-sesei~~eige-e~e~~eg°crc~j'--r~'1rre-u~~ccax^c-~~e--r' 1,,..,~ 1^.,, .,„,a 0 > > > ° ° ~ 1,~„° °.a +l,° 1..,1.,.,.,° .,~+1,° 1.,.,... ,:11 1.° rl„° °.,,1 ,.,L.1° +l,° Q+ T , ° ~ ° e ~Fe~B~°c-iT~Ai~T~ i6~1~t~-1~29dcift~e-i~3E6rnc~vci~e~i^lvxu~-~i~1vs~ss~riszirni- ~Fc'H~S~e£t~~e~er~6~e~e~Ai~6~eHi~~~--Orr 1,,,,., :4'+L.° « ,-•°ciTri~v^i~ ° ° ~~~~~~~~s~~^° .,+1,°,. °1:.,:1,1° 1..,,,~°l,,,l.a Revised 6.8.09 Page 8 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN Assistance to homeowners served under this strat~y will be in the form of a deferred payment zero percent interest loan secured by a lien on the property and forgiven in accordance with the following schedule: Level of Assistance Lien Period Amortization Under $15,000 5 year s 20% per year $15,000 to $40,000 1.0 .years 10% per year The portion of the SHIP award used to pay the Counts project delivery fee shall constihrte a grant to the homebuyer and shall not be included in the lien against the property Direet assistance to the buyer will be recaptured if at any time prior to the end of the lien period the property ceases to be the principle residence of the owner or title is transferred In the event of death of the owner, the same principal applies if the property_is transferred within the lien period. In addition to repaying the unamortized principal balance of the assistance provided the County an owner disposin of an assisted unit prior to the expiration of the lien period will be required to pay the Coun~~ a share of the net proceeds (if any) from the sale proportional to the ori~,inal amount of SHIP assistance received based on the following formula: SHIP subsidy X Net Proceeds County share of net proceeds =SHIP subsidy + Owner Investment f. Recipient Selection Criteria: 1, 1' 'll i,a o o ,na ~ ..:.,..n...,o a:+,,.n,..41.:.,onn .,ra ,iol.++~, : o rr T~+T, 1' 'l.l 1' + +L,n.. ~,..,ln +l,n,no „„„l;~n.,+n . 11 1.0 ..n.~,Lo,l „n:...n- u~~u aa.~ + 1 1, 1 Tl, o ,:+1, +l,n 1,:..l.on+ n +t,v o n+n..n,..,, . 11 l.o r a• o ~ Eli idle applicants will be approved for assistance on a first qualified, first assisted basis subject to fimdin:; availability. Housing counseling and completion of a County-approved homebuyer education class is a requirement for all applicants of purchase assistance All applicants must contribute at least $500 to the purchase of a new home. 'r~-ixx6eii~ u 1. l.a •11 1, ,1 + ,7 •,7 •~+1, 1,.. ol,,.]~-zizc°ci:i u~~au nii,Eei~~-~1~~elii,}~ u L, 1,~1 + V +l, n v ,;.aol;,..on ,;11 + l.o ,1 ~ ,.tl, ,1 '11 l,n 4:n.a ,.F +l,o;r 1. 'L.'1:+.. A„,.l:nn.,+n ,;11 1.0 a ~ rr 0 + L.1' L. .1 11 L. L`1 ',1 u 1~':.,n.~no ,:11 l.,n n n:.ln..o.l u v~ u ~ ~ ~ier~=`1' A 1' + n:+;.,V l;n+ ull l.o n;.le o.l nT.on.i n.F .,n r r oias~~~ t`E~5'-. Revised 6.8.09 Page 9 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN ~e,~~Ee~e: I~e~tsel}e~~rEe~es-~t-e 4no~ f • - iv vi u ~~+.a_~n,u,~l., 1,~~Ar~e~~ee--~e~per~e~~-be~ce~e a~~tE;~i~-be--c e~~e~e~-a€~e~e~}-~ei~L-i~se~e--;~}~' ' e~~~~~ce~e ~~Ee~e~o~seke~-rose 1;~+ . 11 l,o :.70..0,7 .,l,0.,,7 „f «a.., «1;...,«+~ « o ....,.......I.,.,...,11 L11....LLILIILb IIJL 11LL. ~ v~ « cvirSiccciccrrrppriccaxcsvrr~cr~-ccrcmg 1:~+ . 11 1.0 :.70,.0.7 ~t,o.,,7 .,f «o.,, ,.1:...,«+~ to+: 1..,~a.7 l0«\`,7'~,y«y..o~,,:,.o«..o«+~ AQ.,«+i,l~ ilo rgcL~~PcsTxncn+TSZxicz"uaTrfa '_„r,,,.,,«~ o.r,.~~,7 ~n «~..,.E,nt of ~ln ~mmint r~r~r~an+:«,. +t,o «~..,.o + f+l, ~J,« r r a r a a,7: .,1 o F ,.+l.o t,,, 01,,,1,7 «.7;,..,+0,7 n-ln On'71l1 T_~ a- .,1.:1:+., ,70.,,,+o o +1,.,« 2n « „f :«,.,.«.,o f~.. t^~„~;«,. u,.,,.,:«,. f 1,• LLL~II~ ° 1,,,,,01...1.7 .70.,.,+o~ o +1,.,« 2n „f :«.....«o .,1,.,11 t,~ .700«,0,7 .,fF ...7.,l.lo ;f ~„+;~7:o,a +1,~++1,0 1,,.,,~ol,.,la .,f4:,,.,7 «.,,,,.+,,.,,.o «,,.,.,..v«+~ ; ,.f+l,o ~n «o«,.o«+ JLLLIJZ1Vl1 L1ILL1 L11V IIVLLJV o 0 Z V'Y"Hl'1"ICJ C«o..:..1 RToo,7~ u,.,,~01.,.1,7~ i~S F~'~ II~„~o1.~1.7~ .:rl.:~l, :..m+ ~ ~,f +l,0 4'.,11.,,,,:«.. ,.~+o...,~:o~ .,:.7e..e.7 ~ '..1 ~lee~s-1}el~selle~s: r4:..o „ ..o~ g. Sponsor Selection Criteria: Not applicable. This strategy will be administered by the St. Lucie County Commwlity Services - Housing Division according to SHIP rules and statutes. 1~'1;..;l,lo ~ .,.70.,01....«o,,,l....«o...,«~+,..,.,+:..« « o,.+~ Tl,o polo..+;.,« -;+e,-;~ .:;il 1•.0 1,.,I.o,7 +t.o..,..,«,.~0,7 ,70.,01„«..«o«+~~ ;~+o«...,.,,:+1. +l,o c+ ~s~e-~6ei~~el3eH~~=° Dv-riim-~ure~igi~pvir~a~rzixuJ-v°c-cr~iirsuce Revised 6.8.09 Page 10 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN h. Additional Information: luau Dl:~.;l.lo Dr~nr~z es~~E~e~en}e,~~s 0 1, +1, + +'~+:.,.,1 o „1,;..1, +1,0 01;.,;1,1e 1,.,,,~;.,., 1...,.,+o,i Y r 1, .1 1, 1, .1 +1, ro or,+ 1 7 ,ol<,o\ .,+1, o ".1 ~ r "xa..al F,.'. o r C'+ + T1 r+.++ + FT TL,o,~,o.l:.,r. ~ 0 1+ .1 ~ 1' Y J ' r r 'il 1. +i, +1,.,+ ; 0'4'0..+ t1,o +;«„o 01;,.:1.10 ..o r D 1 a a ~ a +1. 1, +l,e-~nc~e-Ee~tt~-~S~e T~^:~ ~ ~ +i,o ~j-cei~~ei~-~cs u + t, „1,.,~oa ..oa~rol..,1.;1:+,.+oa + 1, + ,1 1, n 0,1 1,., 0 ,,r..0..+:,, 0r.,:.,0 .,,1/., 1 . ltt r ~ 1 b r a + a + +1, 0 a;+; +t, o i,,,,~ a a ro ~ +1..,+ o 1' '1,1 ~ 1 ,;+1. QLTTD ~+nru, LT 71' ~ ~+.,4'F< ,:11 ' _ vl v ~ o~ v„ ~Tiir-~1'TT r E6vrdaxcr~36 '+1, 0 0 .,1.~, ::1~;.,1+ 0 ~ ~ rJ 1111AJ~ 1' 1, .a rl on+.,1.1,~1, +1,0 .,Y.aoY , „1,,.,1. +1,0 r0 1.0 r J r 1 + rl L' .a,..., »,n„ 1.0 .aoM,o.a ,f+1,0 + .a .7 00a0a r0 Y b J r rn ' 1, 1, 0 1,0 r.,1,.,~0.1 0 00,1 +1,0 .,:1.,1.10 b r, 1, + +.,1,10 „,1:+:.,.~ T4'+1,0 + .a 4;,.,.1~ r0...,:r 1,.,..,0 Y Y r r ~e a cno/ F+1,2-&SSBS§ed--.-El~e-vrvn ~ ~,•,a;,,,..., t,o ao,,;o~_ .1 + .1 .a „1,1: 0 0 QiTTD 1: _ uNN r 1 . 11 J~ r 12 ~I7 1 1, .~1 1,., ,0 0 ,.,1 ]0++ o..,L.or .,~+1,0 C+ r n rr .,rrri, rr r ~;~~~~e=2i~~6-~9~ ~ T r-~ C`uTD 0 0 0 +1,0 rtt,+ 0., „0 , 4;,«rl: 11 u alp ~ ~ r v J ~ ~r ~ n Revised 6.8.09 Page I 1 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN ~~6 A 11 ~,«d,•,,.a 6~~6~•@S~e,;l~o°c-air`v'°c-rcrScE~rcmz~cy--fzcrTJ-vc, i-rr~cna.. SHIP funds will be leveraged with institutional first mortgage lender financing and the homebu e~private sources of fimdin~ To complement the Purchase Assistance Strategy, the County or an eligible sponsor will offer a Housing Counseling/Homebuyer Education Program. Attendance is mandatory at the Homebuyer Education course and the applicant must provide the Certif cate of Completion prior to being deemed income eligible for assistance. B. Homeownership -Rehabilitation a. Summary of the Strate~y: r~i9m~e-Ee, ,.i=.~4-1~-~~6~L~32~t~e~~e~es~•~e'l~ .,ln.,o,ti,o.-.+/ro.,.,«~+,-,,..+;..,, n :~+n«..v ol:«,;«n+:«~. 1,.,,,~;«.. «oln+o,] o ~ > > :~~aC~i tip', ~z 6~u:cczvrzccrra~r-vi zccmzxg~' :rccnr~-i~r +ci.'~~~}afi~Se'V1~2~-aS~.~El'i4t~--Tr~T~ct't~2g6i~S-6~-F27L~~t'~~~7i~~r~~~-ai+~,~inErl-ia°cEl~rr«r+c i'rS JCI'CLCG~~~GTmii~'~~E+~r~n „1,~CalI++T~LnR'1fICY1'C~S71"~iCaLiC7«22~7fSnTi `}~Zl~[~i11tILCI o~ 1,~ ~---~k96#=S ~ 1~n ,1+„ «.1 l,nnl+T, n...lo~ T+o.«~ .,+l,o,-+l,n„ .,~,.lo Coln+o.~l ~~ir-t'l~~eiacrv~vr-cric-uist -S~ixccrrvr6~-~fivi -c9-pi~6~=i~ac-grcirccr ~ l~~fon~,,,-vim : o o +l,0 0 0 oF~,.:o«..,, „~+l,o L.,,,,~:«.. , > > This strate~y_provides for the repair of existing homes which are in substandard. condition and may include the demolition and reconstruction if a home is beyond financial feasibility to repair. The strategy ma ay lso provide for handicap accessibility Revised 6.8.09 Page 12 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN improvements or modifications in dwellings in standard condition. b. Fiscal Years Covered: 2007-2008, 2008-2009, 2009-2010 0 c. Income r'°'°°^-•~°° ° ~^''Criteria• 0 --rr-------• ~6'VV~i3E6i~3 u 1, la + ono/ ~r 41.,,. ~ o ~,l:,,n - ~ ~r ~ +1, 1' + A 1' +n 1; c.4 , rill l.o :.l o,-v.-1 .,l.o.,.~l ~iu~a~ a r r ~vc'lse~x~ «1 nn» T U 1. 1.1 + 1. 1 1 nn0/ ~+l,o o -i$ca arrzncv - 'll 1, 1 ,a .1 '.1 .1 # « .,11 , o..,, 1.,,:, .,«,.1 1.,,,, ~Ee~e-a~gl~e-a~~eew~d-tl3e~e-ems 1;~+ 1,.,.,o l,o^.~, 'a a A 1' + 1:~+ . ,:11 l,o ~;,loro,l .,l,o.,,l „F .,o,,, YY a ik]~~: mv~ai~y'1n~~E,e~ u 1, 1!1 ' + 1. 1 1 7n0% ..f'+L.o o i~icoxcsrrncv '11 ti, i .~1 .1 '.a ^,1 .,#o« .,11 , o..,, 1.,,,, .,,,.7 1.,.,. ~Eeme--a~~l}-~ eei~~d~e~se-ear-tl}~=o:=«t~,. 1;: ~~een 'a a A 1' + 1;~+ . 11 1.^ ~;,lo..o,l .,l,o.,.a „F .,e Yr a t`}~~~~ This stratew will serve residents with household incomes at or below 120 percent of median income as defined in Section 420.9071. F.S. which limits are published amlually and distributed by the Florida Housin~Finance Corporation for use in the SHIP Program. d. Maximum award is noted on the Housing Delivery Goals Charts: QLTTD ~ ,a 1, .1 1.01.. ,:+1, o 0 0 - .,.1 ,-^1,.,1.:1;+.,±:.,.. ~o J r , ra ^ J, nvrrr +1, + .a .1 .a 1. 1, 1, 1.1 '+1, '+l,o« „o..,, 1.,.,, 1.,,,. r ~ a + rrl, 1 •n 1, + en c nnn f 1.,,,, .,.,,1 1.,, r ~ ~ Repair $40,000 Reconstruction $75,000 Accessibility Improvements $5,000 Revised 6.8.09 Page 13 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN e. Terms, Recapture, and Default: ~e-~e~e-~r}e-~enge~-ei;~el•--e Eeu~~e~e~~-el~ge-~rrt~t~e~~sc~s;-e~-tie ~e;~e~ded-te-#ensel}e~ds-~~fi~e-Ee~ac~~~::;, ~.,..o +l,o ~u ' cc~cvz~ccuFccsc-aTpcrcn~, cA~ee>~~»e-~e~»ei~te>}*~, Tl,o~o ro r.~„«o ,:11 1.0 orF ,.,.oa 1.. nee-a~~ese~~~-en~e~re~o,.~., Tl,o „ ;~~.,,,,.o . o , 1,..,, 1,,.,, ,,,,a C`.,,,,,+., 11 loo ~t,a ~ .,4'„ +.,+.,1 ZO% :~,+oro~~ F +l,o ~.,~.,1 1;F .,~+l.0 1,,.,.. +t,,,+ > > i~T~~'~e~€x~e~ > > oll ?l,o , l,oF ro *l,o tl,;,-tt, !2111 . ~ 1,x.,0 o.a +l,o l..,l~,,..o .,F+L,o 1.,.,., , 11 l.v .,+1,or 01;..;1.10 1,.,,,~01,.,1.1~ ;meted-te~e~-~guge~-~etes~IiQtoa .,>,,,.,o o ~ 1,,.,,~:~ "lei-czv~acie~6i~rvvPC-r-iricci+i--p"i~-i i~rcni. 1.~.,.. ;F~l~o «.~~~~1~ ..+o.l .,tl,o.-, .,+0,1 o L',,,,.,a F „moo ; ~ .,rl,or o1;~.;1,10 1,~,,,~01,~,1.a Assistance to homeowners served under this strate~y will be in the form of a deferred payment zero ep rcent interest loan secured l~ a lien on t11e rp operty and forgiven in accordance with the following schedule: Level of Assistance Lien Period Amortization Under $15,000 ~ years 20% per year $1 x,000 to $40,000 10 years 10% per - Over $40,001 to $60,000 15 years 6.67% per year Over $60,001 20 years per -year Funds will be recaptured according to the above schedule if the property ceases to be the principal residence of the owner or title is transferred within the lien period. In the event of death of the owner, the same principle applies if the propel is transferred with. the lien period. Revised 6.8.09 Page 14 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN Assistance for accessibility improvements only will be provided in the form of a grant and will not be recaptured. f. Recipient Selection Criteria: nJ1J lf.Ll O o 0 It !t ~ +t+ ttn:,,; r,rt ot;r,;t~„t,+„ asa aaa~J a,.av.~.. 1 \ 7 E'6ii~ u 1, l.t •11 1~ a ~ a •,7 'F +l, 1...,~rr~hn~E~i--i`"i:cc~cs S~se~e--e~i~es~e~seke~~s-~e~eeti~g~~es ,;a~t;^o~ .=,;1> t,o 0 + t,t• t, a tt 1. >~t •a u,,,,~;.,,, t•:~.,.,,.e r~,,.....,.,..,+:,,,, , ,:tt t.o ~:ao..oa I1TJtibY~l2Y v Il: r r u t7 to + t, t Qnoi ~+t,o o oa:~., ; estal~el~jL lee e m "t~~se~ a t,a • laeie~--~AA°~e ee-~~ i~ a• - •n t a a •a a „moo.. „tt , o..,, t,,,,, .,,,a t,,,,,_ YY a il•~.~: 1~1~der~te~z'~-'-l~Ee~ u to • + t , t ~noi „~+>,o „ o ~Ee~-a~~c-a~s~e~e~r~~ese-e~=t~a:~~~~ •a a n t• + t;~+ , ,;tt >,o ..;ao..oa „i,o.,a ,.~..o~ Revised 6.8.09 Page I S ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN C`T7TD ~,...an m n,n~v }viii ,va Fn;r ~l~o ror :1~:~.-- ,1 1, +L, t ee~~r~~~~~~~e~ic~S~>~~es~nc~ e~e~a~ne'~~~ ~-?-~e~~e~re€~e~es--~e~es~e-be~~c-I3,asec~-~Tep~c~el3~~« aiiuJ,, vv zi n ° °n; nrv,°° 4n .-1 °4°wv,: r.° 4L.° n v,a;4.°r, .-.F 4b. n, l+r,m° .,.,.a 4n l:n+.- n 4b.n+ n uvoa~aavv av ua. ° Ese~d~a~i~e~~.;ec~ie~--se~iirse;-E~ic~e~e-~te~i-~e~ ' „n* ~~e,Cpl;~-es~~P--e~~e~rru-t~x~ePi~~~ ° ;n+;.,~. l.n,m° n l,n.m° 1.° «nl,.,n°,1 ° °.in +l,° n „t n n:lnl~l° l,.,m° ~ °..+.,b.l° n .,.a;+;..., Tf'?L,° .,.,t;n:.-.n+°,a ~,.,.an ,-°..n:« n l.,.m° 0 T~ +L.°«° n nl:,.;L.l° ..l:nn.,?n ?l.°., ~,,,rln +L,n.n° „l:..n.,tn ,:il 1.° u uavav uiv zxxvv ~ i~lre~--~Sii~g~l~e--~6ii~~E~e-Tvcie~j~i ioae~`~i4~m cne-~gkestr~8ei~czirt~3err iix$e'~'e-Et'l~eg6i~~~'i~~e-EI~6~°crrr~im~a=ci^vae-i~~~6~~zei~-Sc^vieS-~i'i~I ~e f-~i ~el~s~~ee~-a~-e~t~~e~Ieg-c~~ege~ie~s-~se~e~e~ -~A~--0~3z~eii~s~~3esf'' °.a l..,n°rl .°tnl Eli~ibile applicants will be approved for assistance on a first c~alified. first assisted basis subject to funding availability. Incompliance with established County policy. other selection criteria are as follows: • Applicants must be able to demonstrate the ability to pay property taxes, insurance, utilities, and niortg~e payments if applicable. • First time applicants will be Qiven priority over previously assisted persons. EYCe~tions may be made for eligible property owners in Revised 6.8.09 Page 16 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN cases where living conditions threaten the personal health and safety of the household. • Applicants must be in ;;ood standinU with the County (e.~. utility accounts and property tapes must be cul-rent and property must be free of code enforcement liens or any other assessments unless owner is actively working to clear such obligations). • Applicants must own and occupy the assisted home as their primary residence. g. Sponsor Selection Criteria: Not applicable This strategy will be administered by the St. Lucie County Community Services -Housing Division according to SHIP rules and statutes. > > Ee~~ilSe~--e~~e - TL, 1 • 11 l.0 1.., nv.a o,~~ dei~elep~e~e€-a€€e~~' n«~ ~n:an„+:nl Y~ A 1' '1.1 n.l.~,;,,;n+o« +l+o «oT,.,t.;l:+.,+:.,., n..,.l o n o 0 b Y n>~ '11 1.n n .,lo+o.l «~:.ln„+:nl „o«+:on +L,o Y ..~.Y r «nr + .i F+l, TT,o n ,:11 L.o «n n;1.lo ~ « Y Y ~ r^ nr.+ mot, ~ + 1 •+t, ~uro ~1 ' n~ L?,111L --~d-Een~~e~re~e€-~e~e~;~~=s~k Tl.o np,. ,;11 ~„Yo«, o ° vi 1V1.'V ~ ~ '+T, 1, T.'1'+ +L, n:« 1,.,,,,e~ p«;..«:+... ,:11 l.,n o,+ n Yn ~ a . 1' 'T,1 L, n, „ln, „.,oT +L, n, ~i7olF «n T« n:+;,. ° ~ r „'1 ~ 1 h. Additional Information: vup6~1$flE~i T+ ' Q+ T !'gyn.,,„+.,~n .,.,1;.... r„1..,«.l;.,n+o J Ti l~ - sJ• 1~z6~ey~~E6~ c les-wee-e€~eme,~chase{~ Y a a o nnoi ~+1, nt,nno o +T,o r+ 1 ,i,:nt, +l,o GL11. K a r~ 1' '1.1 L, 1 n+n.l 1.nno.l 1.,., 1,~,,,n;«., ,-nT,nnon .a,,,.:.,n- +l+o ..,n,n+ ~ b Y" a rcEcn+r r ~n9i~t~~3e1~6~~6~~`T~E~S~~kE~cz + + 1 F ,...,n+:.,., '1 1.1 + L.1' 1, .l 1. +l. T T ~ c+n+on Tlo,+.,,-t.++n.,+.~FT«onn,,,... 'f'4.o VLLI u Revised 6.8.09 Page 17 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN r,.. °fF +1,° °1;..:1.1° 1' F ,w' a r nY rr Y Y vII 3P.-~f~e-EARS urn . Tt, +1, 1, a +t, E~~6ii~~~~~6C~eC~ea-iir-mc-6~~e~' tttit~t~j=-arc-rcce}~ 'accr-Tr ic~@ ~~ie~rti~l~e~~y ~e~~se~-en- tncolml~-a-atege ' a ~ ' Y~"~---cu~aresur6~i~3@tl-ittiA~`°-~}g2~~e~26~kSe~6~~i6cz-°cc°cirg °°rrz fae~e~-e~~g ks~-€e~et~~T~-~-aP~~t~er~ .~II..IIIb, {AlI.VI {AlI C.I,I. V , a~~e~e-~#e-e~~istitig~~~i~~~n~1--~I~e~s--e~~he~~~4n -rr---~__:: -_y~:r_~ mw~ IlIV JVIV !"',,,,r,+„ ..°,-c..,r,r,°1 „1+.,..+ °1,.,,1.1° n ,.11 ,1., , °,.+,.,M~ ,,..rl vvulu~ YvIJVluava~ vvilouacul ~ " ~3ei~° +~-~-cue-~3sP~cce~--an~~e~-i-8t~3€re3~~er2se~ul=t-~bl~cv-+~~xc ~~e~ec~-~~-~e-~e~eEe~=e~~~rig€e~e}~;~~eEt}e ~x ,:111,°..1,.,«..°,1 F «,,..1~,+1,.,~°1,,,...,°~a:..°,.+1.,.,~~:~+°a. ,;+1, ° ° +1,° ..1„~:..,, .,F +1,° ~ ..1;...,+;..., ...a +1.° ,:11 1,° F 11..,,,x• e,~~~ ,,,;~~~e-~eeeiire~--a}~~e-a~en~€~e~~~ „a 1,,.., ° ° ° SHIP funds lnay be leveraged with other funding sources if necessary. C. Homeownership -Disaster Relief a. Summary of the Strategy: The Disaster Relief Stratea~provides assistance to households following a natural disaster as declared by the President of the United States or Governor of the State of Florida. This strategy will onl by e implemented in the event of a natural disaster using funds that have not yet been encumbered or additional disaster fluids issued by Florida Housing Finance Corporation. Disaster Relief funds may be used for items such as, but not limited to: Revised 6.8.09 Page 18 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN (a) purchase of emergency supplies for eligible households to weatherroof damaged homes; (b) interim fairs to avoid further dama~e~ tree and debris realloval required to make the individual housing unit habitable; (c) construction of wells or repair of eYistin#? wells where public water is not available; (d) payment of insurance deductibles for rehabilitation of homes covered under homeowner's insurance policies; (e) securit~~osit rental assistance for the duration of Florida Office of the Governor for eligible recipients that have been displaced from their homes due to damage from the event; (f) other activities as proposed by the count ay nd approved by Florida Housing. D ~ Yuol J cs v ~ J ~ Q •,1 + + ,1 1~ +1, ,1• + t, 1, ,1 1• a 1,1 r ° ~ 'J 11V a ~ 1' .1 + 1, + i,u+ + ~ ,1°«.,1 1,...,11,..-1°..i.,«°.a «L,<> - _ _ ~_,7 _ _ u, IiX@C-~~~'b~ "•1' + 'f'C`LTTD ~a~-csrc....,..~ I - n + '11 t, 't 1,1 ~ euro 1' 't^t i, „ +1,° . o > 1.,.,, rrssra a ~ iv~vr-c, a~crznvQ a r Q1'7~l1l1llf' 16~s~i6-v~,-cnii~H36~e~~e-ii~66ii~e-3~3~~Ez~S Tl,°+..+.,1~,.,.a~ 11 ,1 ~ +1,' + 11 ~ .,°.,.1 .,:1.,1,10 ~,,,,1~ b J bJ Y ~1'^ r' .1 'll 1. .1 + + + o.a 1,.,,V.°~ ~f ,1„„.,.,..° +1,«~,,..,1, l" < uuvu ~ lvv N~ r ~ l~p~eee~g-~`~d~e~~~l~~le~+ T+ ri, .,1~„ , °a > > b r« a, o ,1' + +1, TAT 11~'1 .~1 T.. D«~.,«.,..+ .,.+.1 !`1..,..+o« 1 ~ 1 1;1...-:.1., C'+ + .1 ' + 11' +e~,>;e~e$r~;-tt-~v~il;~°, 1,° J Y C «a °r v '+1. 11 QTITD 1 + .1 low ° „1.,+;....~ ,+.1 ,:,1~1:.,°~ « !T ~J ZII1L A 11 C'LTTD + + ~,.,.a~ 1+° , °a 1,01.. „.,~,L,:1° Z1L1V r a a - F ,1 1, U C'LTTD ~,...1~ i,° , °,1 zv 1.°l.. a ,1 F .,+,,,.°.i 1.,,;1.1;,,.: +1. + 1. Tl o«+ A 1. .1 +1,° ..+,.,,..+„«o !(`1..,..+°~ GG2 L'1„«:.1., J a b. Fiscal Years Covered: 2007-2008, 2008-2009, 2009-2010 Revised 6.8.09 Page 19 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN ~t tl~ ~°R~--r~~~- 1 ~nn~ ~nn4 ~nn4 ~nn~ ~nno ~ni n ~ a r ESSiEB-F~F~132~16Fas~rerT--16~~'~rirvrri~- iou~ci} lvii~r+crrai~i 0 ~~'-~prlir~rl t~ thn~~sA~}}~}p~~ (~zC~~LrrrF6rrre-i6uTCi36~ ~ ~8r c. Income ~ ^aCriteria: Households with annual income up to 1 ~0% of median income are eli ible for assistance Linder this strategy and will be selected on a first come first served basis. ~~AiV~icvrrr°c~rouic~lli~d~3E6i~ + 1. 1 cll0/ _ r aL _ _ _ _ _ / V V 1 C axlr-f?m~~~t~hli~hrul ~nn»~lly hu ~1 'a LT n 'll a~ ~ a,,.a.....a.,~J. ~b ~ ~69~i~id@F'$~-~fS~Adii~-~~piiEc'~3~5 A~1 1' + '11 L.E ,...aaJa~a......a <.,.~.~a.. ice,, ~cy~~7-appYx=caxrcr. ~~b~~iirEA~C-~tl'~SCYitift~tt~ + 1. 1 4110/ r aL - - - - - ~ ~ - - ~u uiu ~ 7 T,o~v inF° ° ....1; „ 1:~+ . •tl 1. •,l ,l i, a ~ ^rr-,~ Vaa u uauug >~k~3~C~itrr• x~i~Aacresc cc~-ivv~~ ~iE6rr~c-ruirn~cr~el} 18~niE6~'3t-6~-1~2~6~8it'-dtCct °.l;°.. ° 11 L.° .,L°.l .,„,l ~:.-1°..°,1 .,il 1 ,a 1 uavuacui iiiv° ~Ee~e-~~IiEa~s; -13eeti~~~er.~e-eu t~~~ °'~z~+~n vVlivawvav~. a at/t./aav Naa u,, vaC K uaCaaas 1aJC •1111 VV VV11J1CAV1{rl3 n¢6~er-a~ cc$-'-i1YC~riz~-rn~irJel3 16za niE6"'°~ 'kt-6 v 1 1 7110/ ~+L. ~u-~ °.1;.,., ° ,;11 l.° „1~°,-1 .,.,,1 ~;.1°«°a °11 1,. .a 1 aiavuicur n ° ° ~Eeme-a~~ne-mss; ~e#I~ei~~~es~o~l~~~ ° 1: 1, a :t.t.,.., c:rvir-cr `o ~urcna~rrriviirv~EVrrsn-ccrcQ-anccnrvrncw tk~~~ d. Maximum award is noted on the Housing Delivery Goals Charts: The program provides moderate to substantial rehabilitation assistance on a first come, first served basis to low and moderate income homeowners in an amount not to exceed $25,000. vi ui ° ° ° e~e~~~~ed-1~9~~€e~=e~lefi; ;~e~~~~eder~t~e:-~ke~~~~ a.V Yi 7 ° ) 1 ° ° e. Terms, Recauture, and Default: Assistance will be in the form of a grant and will. not be recaptured. Revised 6.8.09 Page 20 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN 'll h +L, F ~ `l rra~i,°ciir-io~l d„° Tz ~a~aJCar:c~,v~-rrroc-------- > > +T, 1, 1" + ~rnaic`~ +1, ~ @E3~~~E~k~2ii~cn+ Tl, +„moo «.r.,.,;~;.,«~ . ,:11 ho ~~Y Y ~ • +k + Q+ T '11 h +1.,,, F .,F., +.,+.,1 .,x'20% ,«+o o~+ ~zacrc-cvcrnr~ vozrrvc-rar-aza. v~all v + 1 1'F F+L. 1 +h + + h '.1 h.,.,L +L.o :,o« ~No ~I1t 11 T r > > ~ T .1 F .1 .1 'll 1, o..:~„ ..o..;.,.1 „«,1 +o,..,, ~ «,.o«.,.,.~,o«+ l~v r 9~ttYCttC@~Ez6Ai~~-i~6i~g3~' ,~~'mt'ro-ii~tYtmCO D„r„h.,~o D oL..,l., - ~u« 1 7 F+b, 1 '11 h .1 .1 hl +ho Q+ T , o T7.,,,~;«~. T,.,,~+ r > ,...,....,.---a ---a---- - T 11 h' .a' 1 o0 0«+~ he+,:,oo,~ o o «.1 +ko b J b a r«•,r r '11 ,1 + '1 ro ,.+,,..o ,1 + ,-1 '11 .,l,,,lo J Y ~~r rT~ h + + •1 l,~~ed--te-~e~Egages-~~o~~-~~e l~~ ~ „+v,l moo-Pee-a~~e-~-€e~r-e€~e~ts~~~se-~e-i~~ei~, 1,,.,,~ .,«a «,,,,lo,..,+o i}}6ez'13-c-Tr2vic~el~e~~s-~e-l~et~i$i~e~s€erz'i~~r~ii°crcror°c~ trl'ie~ro o~'cr + F~+i, 1 •F+l~o o,.+., ..l.a ,•,+o.l „+l,o...,,:~o ~+o,l Ll 1JV ~ r 1 ~ - ~~.~J~~e~~ . „llbl f. Recipient Selection Criteria: Assistance will be on a first qualified first assisted basis to persons with daln~e from afederal- or state-declared disaster. Applications for this strate~y will be liven ~riorit~ above others on a waiting list for other strateg_ieLs. ^rrtcZixC--ticgzra-nzr~ez~--cacr~r~+mi~ ~•••,1 ~ :~+.,«..o . ,;11 L.o 11 + a + 1 t, i,.,l.l~ , «+:1 ~+.,ff~ +o«.«;«o~ +i,.,+ lo.,~+ J ~noi ~+i, ~ a + h a a +t, ~;~...,1 , o 11 t,a .,«,.l;oa t~ t>,,,~o ,a '1 hl + 1 .1 F' 11 + .lo...,+o o L,,.,,~ol~.,l.l~ T« +1 + ~ F .1 1 + + 1 11 .1 1.,..0.1 ,7;~.,~+o,.., QLTTD ~,«,7~ «~.t curl Esc-vriocarrr accrcaccrccr~uu.~ i Revised 6.8.09 Page 21 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN ~ r,,.ewe--zT~e~el~e~~Ee~e~~~e~-~~x~~e~te~~~~'~~~m~ m°°+n C'IITD ; ° ,:,t°l;„°n Lin,,,n°t,.,l.in ,,.,+.~...°°+;.,nr+1, ',a 1' '11 ~ u vu iivcc u t1 to ' + t,°tn,,,, cnoi ~+i, a• 6~~ E6ii~°c~r6 cr~°cizo~xazirco~xixc$-ccc-v~r-vcx~~vr~vTO-vrcnc-ccrcccTrrcaza:x he-E~eiisi•~e~e~kfs~-€6•~;,,•• n....1:°°..+n el•1--~~^•'~o'i-i'xrvc ~6~J ~aE6..,..°, un,,,n°L.,,t.a ° 1•.°ln,.,, 4no% n,4' +l,° n ° ,,,7:,,,,. °n+.,l.l:n1,°a .,11<, i«, L`1,.,-:,a., TJ.,.,n;.,.. >r:„.,„,.° 1~,,..,.,,,«.,+:,,,, iixv" ° ° ° mvaef~~° cc t~xnEexii~ ricrJe~30~i~E6izz~i~-A v 1 nno~ .,F trio-isreiz ..,°.1;°„ ,,:11 i,° « „L°.1 °,,.a ~;.1°«°a .,11 , , 1.,,,, ,,,,,~t 1,,,,, rF3C~i~c-r'k~"°•~v~3E`[~~i~~3O~Aii +''~x~wu""'r~ii,• l:n+ t,.,,,° t.°°., mvc eFic+~in-v ~ iiiE6ri~iirae~l"tvm-iixE6i~a~-9i~-~ 1 7nOv o=vr~2e-iseu °,t;.,„ ,:il 1+° « .,1.°.1 .,.,.1 n:.l°«°.a .,4+°« .,11 , 1.,,,, n«,.d 1,,,,. e~~ > > tie ~.-zn~::r~ e~ e~Ee~r e~ nxcex-:x~~~eR~,.,, . ,;tt e~e~eii ~«n~~t~c~se-~~~~,.,,«°n . ,;lt t.° „n~a~e~ee~~ Revised 6.8.09 Page 22 TT 1.1 1, L, + F +l, F I1,. .,+v o o .+v.n:.ao oa wuo D1.7e«l.. /~'f .,l.ao l;~{.~~~~.){'..~±e~~ L'nm:l=r va -iccF Z^T't~TCTl-A I-~Z~ v2TTTTT7~A .~1'~J~ 0 0 111 g. Sponsor Selection Criteria: Not applicable This strate~~y will be administered by the St. Lucie County Convnunity Services -Housing Division accordin~y to SHIP rules and statutes. -ekgt~~v~~~e--a~i~~~-Eerpee.,~ ~ « EA 8d-A~1•A Tl. 1 'll 1. 1+ ~~oircrl'ic S~6i~SA~-S-cr~i9~irA£$e`;crt~~c^rsrc~rp~@AEe-A~l~° +l~o deg=elegy}en~e€-a€€A~dabl ~ .,o..~ ...Y.:,,,, on;ao„+;.,t ~Y~ ~EAi~6~tE~Ai~kAii~-Ae-EA~zI'ic~p^~Eiz~y. ,;11 l.o «o~Y., n:1.la ~ « +1,. 1 ,.«l. ,,.:to «~,l,~~o ..,.,+o,-:.,ln „n+b. C`I7TD .z ~ r ~ 1 €nos;-an~e~lte~e~x--ewe-~e~ai~~~erk Tl,o n ,:11 ~ o > o o~„ r vs ~+~rc iccvrixccccrArrvrrE`~f~i~S~i~l~Aii4@S D,., , 11 1,o_a;.,o., ull ol;,,;l.,l „L.., .+1..,,n of +l.o ~IIo14:,«o T«.,.,n;+;.,.+ ~r° Y ~Y > Y~ h. Additional Information: This strateg, will be funded a~~d implemented only in the event of a natural disaster declaration using any fluids that have not been previously encumbered in existing strategies. Assistance is leveraged with the applicants' own source of funds (e.~. insurance) and may be leveraged with other federal and/or state emer~ency programs. n~be~die T+ • r r +„~n „,.1:.,,, ~„i.,.«a:„„+o Revised 10.27.08 Page 23 Y~ z~itteYFY7Ee-eY-Fuel`f~f-GYius°~.----Trxl'x°G-c~["~Yi :11 1.,. ,..7~ ,7 +L +L m~~cimiim rv.ar~ .,1„a ,.F„o o 1' ;l.lo L.,. + ,J Y alums v ~Q~/ of th~ o o «..1,.,~0 o +1•. + 1 L.' t, +1, ...~...a.•,..gv wvu Y'wvllu.,v Yrivv in o.a L... 1, K i~ + -"b-"'- -"""a ,.....„b t.::a~ ua alarm v llavos m°a...aaa ...ate Ali 1~~ .,.~~u ~ 1:...,+:., '11 t, +1, +i, + _ Y'.,aa ~ Y` ~ u„Yl'uvus +L.o C'+ 7 , o f`,.,,..+., C`i7TD Tl,:~ ~ +L,~, 1,,,.,~„ .,.,,7 +1..,. 1.-.+ 11111111V 1J 1Jl+V IV . o 0 +11o NA nl+[. D. Homeownership -Foreclosure Prevention a. Summary of Strategy: The Foreclosure Prevention strategy will provide assistance to qualified homeowners with retaining their home and preventing foreclosure action of the first mortgage. Applicants must be delinquent at least two frill monthly mortgage payments, in receipt of a letter from the mortgagor notifying the applicant of delinquency and/or intent to foreclose. b. Fiscal Years Covered: 2007-2008, 2008-2009, 2009-2010. e. Income Criteria: This strategy will serve residents with household incomes at or below 12.0 percent of median income as defined in Section 420.9071 F.S., which limits are published annually and distributed by the Florida Housing Finance Corporation for use n the SHIP program. d. Maximum Award is noted on the Housing Delivery Goals Charts: $5,000.00 toward eligible expenses. Eligible expenses include delinquent mort~a~e payments (principal, interest, taxes and. insurance), attorney's fees, late fees and other customary fees associated with delivery costs (but excluding brokera e fees). e. Terms, Recapture and Default: All homeowners receiving assistance will be given a zero percent interest deferred loan. The term of each defferd loan is based as described below: Level of Assistance Lien Period Amortization Under $15,000 5 years 20% per year Funds will be recaptured accordini; to the above schedule if the property ceases to be the principal residence of the owner or title is transferred within Revised 10.27.08 Page 24 the lienperiod In the event of death of the owner, the same principle applies if the propert~is transferred with the lien period. e. Recipient Selection Citeria: • This strate~~ is designed to assist individuals who have fully amortizing conventional mortgaQes• including but not limited to Rural Development Federal Housin~.~Administration and Veteran's Administration loans No other wort ale products will be accepted. • EliUible households will be served on a first qualified, first assisted basis with reference given first to applicants below 80% of median household income. • Applicants maYreceive funding under this program only one time. • Applicants must attend and complete a Budgeting course through an approved counseling agency. • Applicant must show ability to keep the house out of default, ¢enuinely want to keep the house and must show then can make monthly mortgage payments. • Foreclosure prevention applicants must show that the nonpayment of their mort~aQe is due to the following eligible reasons: o Loss of employment o Sudden medical expenses o Divorce or separation o Death in the family o Unforeseen home repair bills e. Additional Information: SHIP funds may be leveraged with other funding sources if necessary. E. Homeownership -Florida Homebuver Opportunity Program a. Summary of Strategy: This strater v is designed in response to the levislative proviso requiring SHIP local governments to expend 2009-2010 funds to ensure that residents of the state derive the maximum possible economic benefit from the federal first time homebuyer tax credit created through The American Recovery and Reinvestment Act of 2009 by providing subordinate dow~ayment assistance loans to first time homebuyers for owner occupied primary residences that can be repaid by the income tax refund the homebuyer is entitled to under the First Time Homebuver Credit. The state program shall be called the "Florida Homebuyer Opportunity Program."' b. Fiscal Years Covered: 2009-2010 until expiration of the Florida Homebuyer Opportunity Program Tax Credit. Revised 6.5.09 Page 25 c. Income Criteria: Up to $75,000 for single taxpayers or $150 000 for joint tilers. There is no requirement to reserve 30 percent of the funds for awards to very-low income persons or 30 percent of the fiords for awards to low- income persons; and there is no requirement to expend 75% of fiends for construction, rehabilitation or emergency repair. d. Maximum Award is the principal balance of the loans provided shall not exceed 10% of the purchase rice or $8,000, whichever is less. e. Terms, Recapture and Default: The assistance will be in the form of a deferred payment loan, due and payable when the home is no loner owner occupied, sold, a channe in title occurs, or the homeowner chooses to refinance. f. Recipient Selection Criteria: Recipients must meet the requirements of the following: the maximum income limit shall be Adjusted Gross Income of $75,000 for si n1~ax~ayer households or $150,000 for joint-filling taxpayer households which is equal to that permitted by the American Recovery and Reinvestment Act of 2009. III. LHAP INCENTIVE STRATEGIES Section 420.9071(16) and Section 420.9076(6), F.S., A. :Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: Expedited permitting processes for affordable housing projects. St. Lucie County's permitting process shall remain as it exists; however, if affordable housing projects begin to experience delays, beyond the normal permitting time frame and not related to developer changes, of more than four weeks on any phase of the permitting process, then such affordable housing projects will be processed ahead of other projects to be considered. For the purposes of expedited permit processes, affordable housing projects will be identified as those projects assisted with state or federal funds. B. :Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. a. Established policy and procedures: Establishment of a process by which the local government considers, before adoption, the impact of proposed policies, procedures, ordinances, Revised 6.5.09 Page 26 regulations, or plan provisions has upon the cost of housing. County staff is assigned the task of reviewing proposed regulations, which may significantly affect affordable housing in unincorporated St. Lucie County. County staff will report those findings and make recommendations to the Board of County Commissioners where appropriate. IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005, F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67-37.005(7), F.A.c. Signed Certification is attached as Exhibit D. E. Adopting Resolution: Section 420.9071(2)(b) 2, F.s. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. Revised 6.5.09 Page 27 ITEM NO. VI-D6 ~ ~ DATE: 07/14/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY• Jessica Parris SUBMITTED BY: Community Services/Housing Division Housing Man er SUBJECT: Budgeting and Allocation of the Florida Homebuyer Opportunity Program Funds through the State Housing Initiative Partnership (SHIP) State FY10 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 185011-5420-335510-500 SHIP FY10 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution 09-186 to budget funds from the SHIP FY10 allocation, and authorization for the Chair to sign the resolution as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sis~natures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre Ma Gouin Sophia Holt Originating Dept. ( ) ERD ( ) Beth Ryder Community Services - • MEMORANDUM TO: Board of County Comm/i~ssioners THROUGH: Beth Ryder, Director~i FROM: Jessica Parrish, Housing Manag DATE: 07/14/09 SUBJECT: Budgeting and Allocation of the Florida Homebuyer Opportunity Program Funds through the State Housing Initiative Partnership (SHIP) State FY10 ITEM NO. VI-D6 Backs~round: During the 2009 regular legislative session, the Florida Homebuyer Opportunity Program (PROP) was created. This program, which will be distributed through and operated under the SHIP program, requires that the funding be used to provide up to $8,000 in purchase assistance to applicants that are eligible to receive the federal first-time homebuyer tax credit created through The American Recovery and Reinvestment Act of 2009. This will be the only approved use of these funds as long as the homebuyer tax credit is available. This program will be implemented under a new strategy in the Local Housing Assistance Plan (CHAP). Income categories to be served have been increased to up to $75,000 for single taxpayers or $150,000 for joint filers. St. Lucie County will receive an allocation of $106,259 for fiscal year 2010. Recommendation Board approval of Budget Resolution 09-186 to budget funds from the SHIP FY10 allocation, and authorization for the Chair to sign the resolution as approved by the County Attorney. RESOLUTION NO. 09-186 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 from the Florida Housing Finance Agency SHIP, in the amount of $106,259. 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 14th day of July, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 185011-5420-335510-500 Florida Housing Finance Agency $106,259 APPROPRIATIONS 185011-5420-549601-500 Housing Assistance-Mandatory $106,259 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 14TH DAY OF JULY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-D7 ~ J DATE: 07/14/09 • • ~ . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY• Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Man er SUBJECT: Distribution of Hurricane Housing Recover Program (HHRP) Funds BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189201-6420-361100-600 Hurricane Housing Recovery PREVIOUS ACTION: July 12, 2005 -Approve Budget Resolution 05-280 RECOMMENDATION: Board approval of Budget Resolution 09-200, and authorization for the Chair to sign the resolution as approved by the County Aitomey. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sionatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ERD ( ) Beth Ryder Community Services - _ - ' ~ ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director~~ FROM: Jessica Parrish, Housing Manager DATE: 07/14/09 SUBJECT: Distribution of Hurricane Housing Recover Program (HHRP) Funds ITEM NO. VI-D7 Backs~round: Florida Housing Finance Corporation (FHFC) awarded St. Lucie County $21,889,974 to facilitate hurricane housing repairs after Hurricanes Frances and Jeanne. The funds were divided equally between the City of Fort Pierce, the City of Port St. Lucie and St. Lucie County, each receiving $7,296,658. FHFC allows for the use of any reimbursements and eamed interest funds (program income) accumulated during the grant to be used for program activities. Five percent of the program income may be used for administrative purposes. Reimbursements and eamed interest funds will be used to assist additional clients. Recommendation Board approval of Budget Resolution 09-200 and authorization for the Chair to sign the resolution as approved by the County Attorney. RESOLUTION NO. 09-200 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 Interest and gains on Investments, reimbursements, and City of Fort Pierce- Human Services in the amount of $623,034. 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 14th day of July, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 189201-6420-361100-600 Interest on Investments $504,147 189201-6420-369930-600 Reimbursements $ 76,005 189201-6420-361400-600 Gains/Loss on Investments $ 21,925 189201-6420-337620-600 City of Ft. Pierce-Human Services 20 957 TOTAL $623,034 APPROPRIATIONS 189201-6420-512000-600 Salaries $ 31,152 189201-6420-549605-600 Domestic Subsidy $591,882 TOTAL $623,034 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 14TH DAY OF JULY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-D8 ~ - DATE: 07/14109 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI,JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Pan'is SUBMITTED BY: Community Services/Housing Division Housing Ma ager SUBJECT: Grant Amendment for Mustard Seed Ministries of Fort Pierce, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189201-6420-549605-600 Hurricane Housing Recovery PREVIOUS ACTION: June 2, 2009 -Acceptance of First Amendment RECOMMENDATION: Board acceptance of the Second Amendment to Grant Agreement C09-09-080 between St. Lucie County and Mustard Seed Ministries of Fort Pierce, Inc. and authorization for the Chair to sign the agreement as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER y ' Approved 5-0 Faye W. Outlaw, MPA County Administrator / Coordination/Signatun~s County Attorney ( ) ~~1~' OMB Director ( ) VVV Qudget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ERD ( ) Beth Ryd r r Community Services ~ - ~ - • ' ~ ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manager DATE: 07/14/09 SUBJECT: Grant Amendment for Mustard Seed Ministries of Fort Pierce, Inc. ITEM NO. VI-D8 Background: On March 16, 2009, St. Lucie County entered into an agreement with Mustard Seed Ministries of Fort Pierce, Inc. in the amount of $20,000 in order to assist income eligible residents with rent. This grant assists income eligible residents of St. Lucie County with up to $5,000 per applicant. On June 2, 2009, the Board approved the First Amendment to the grant, which increased the amount to $70,000 and expanded services to include rent and foreclosure prevention in order to assist a greater number of eligible residents in St. Lucie County. The Second Amendment will increase the total grant agreement to $170,000. Recommendation Board acceptance of the Second Amendment to Grant Agreement C09-03-080 between St. Lucie County and Mustard Seed Ministries of Fort Pierce, Inc. and authorization for the Chair to sign the agreement as approved by the County Attorney. _t SECOND AMENDMENT TO MARCH 16, 2009 GRANT AGREEMENT (C09-03-080) THIS SECOND AMENDMENT is dated this day of July 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County," and MUSTARD SEED MINISTRIES OF FORT PIERCE, INC., or its successors, executors, administrators, and assigns, hereinafter referred to as the "Recipient." WHEREAS, on March 16, 2009, the parties entered into a Grant Agreement to assist income eligible residents of St. Lucie County with rent, hereinafter referred to as the "Grant Agreement";and, WHEREAS, on June 2, 2009, the parties entered into a First Amendment to increase the amount of the grant and to allow a foreclosure prevention strategy in order to assist a greater number of eligible residents; and, WHEREAS, the parties desire to amend the Agreement to further increase the amount of the grant. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the March 16, 2009 Grant Agreement as follows: 1. Paragraph 1 is hereby amended to read as follows: 1. The County shall disperse to the Recipient a grant in the total amount of One Hundred Seventy Thousand and 00/100 dollars ($170,000.00) of which fifteen (15%) may be used for administration. 2. Except as amended herein, the remaining terms and conditions of the March 16, 2009 Grant Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Recipient have affixed their names and seals the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR a r APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MUSTARD SEED MINISTRIES OF FORT PIERCE, INC. BY: NAME: TITLE: ~ ITEM NO. VI-D9 ~ ~ DATE: 07/14/09 • . . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY. Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Man er SUBJECT: Cancellation of Bid Award for Homebuyer Education and Housing Counseling Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 185009-5420-549600-500 FY07/08 SHIP 185009-5420-549601-500 FY07/08 SHIP 185010-5420-549600-500 FY08/09 SHIP 185010-5420-549601-500 FY08/09 SHIP 185011-5420-549605-500 FY 09/10 SHIP 189201-6420-549605-600 HHR 189100-6420-549600-600 FY07 HOME 189101-6420-549600-600 FY08 HOME Neighborhood Stabilization Program (Pending contract from DCA) PREVIOUS ACTION: January 6, 2009 -Permission to advertise RFP June 23, 2009 -Approval to award RFP 09-027 RECOMMENDATION: Board approval to cancel the award of RFP 09-027 to the Building Affordable Communities and Housing Foundation (EACH Foundation), and award to the second ranked firm, Consumer Credit Management Services (CCMS), and authorization for the Chair to sign the necessary documents as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED - ( ) OTHER ~ - ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) M v Budget Analyst I I Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) l~ ERD ( ) Beth Ryder I~ y Community Services • MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manage DATE: 07/14/09 SUBJECT: Cancellation of Bid Award for Homebuyer Education and Housing Counseling Services ITEM NO. VI-D9 Background• On June 17, 2009, the selection committee met to evaluate the three proposals received for RFP 09-027 Homebuyer Education and Housing Counseling. On June 23, 2009, the Board awarded RFP 09-027 to the top ranked firm. The top ranked firm applied with the Florida Department of State Division of Corporations for incorporation on May 4, 2009 and was rejected on June 22, 2009, therefore is ineligible for bid award. Staff would like to award RFP 09-027 to the second ranked firm, Consumer Credit Management Services (CCMS). The contracted entity will be responsible for providing homebuyer education and housing counseling services for the following grants: FY 07/08 State Housing Initiative Partnership 185009-5420-549600-500 185009-5420-549601-500 FY 08/09 State Housing Initiative Partnership 185010-5420-549600-500 185010-5420-549601-500 FY 09/10 State Housing Initiative Partnership 185011-5420-549605-500 Hurricane Housing Recovery Program 189201-6420-549605-600 FY 2007 HOME Investment Partnership Program 189100-6420-549600-600 FY 2008 HOME Investment Partnership Program 189101-6420-549600-600 Neighbofiood Stabilization Program To Be Determined; Awaiting Contract from DCA Recommendation Board approval to cancel the award of RFP 09-027 to the top ranked firm, and award the second ranked firm to CCMS, and authorization for the Chair to sign the necessary documents as approved by the County Attorney. - - r BOARD OF ~ ~ - - PURCHASING COUNTY • DEPARTMENT COMMISSIONERS - TABULATION SHEET - RFP# 09-027 HOMEBUYER EDUCATION AND HOUSING COUNSELING SERVICES FOR THE NEIGHBORHOOD STABILIZATION PROGRAM OPENED: MAY 15, 2009 AT 2:00 PM THREE (3) Submittals were received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. ® THE BACH FOUNDATION Contact: Michael Hall Phone: 772-489-6622 Fax: 772-489-6622 Address: 200 South Indian river Dr., Suite 101,Ft. fierce, FL 34950 CCMS/ CONSUMER CREDIT MANAGEMENT SERVICES Contact: Frank Perez Phone: 561-454-5619 Fax: 561-278-4061 Address: 315 NE 2" Ave., Delra , FL 33444 LIFE IMPROVEMENTS FOR TOMORROW INC. Contact: Mike Williams Phone: 561-868-7026 Fax: 561-868-7869 Address: 1910 S Olive Ave., West Palm Beach, FL 33401 NUMBER OF COMPANIES NOTIFIED*: 81 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 16 NUMBER OF BIDS RECEIVED: 3 * -Per demandstar.com CHRIS DZADOVSKY, District No.1 ~ DOUG COWARD, District No. 2 ~ PAULA A. LEW IS, District No. 3 ~ CHARLES GRANDE, District No. 4 ~ CHRIS CRAFT, District No. 5 County Administrator- Faye W. Outlaw, MPA 2300 Virginia Avenue -Fort Pierce, FL 34982-5652 -Phone (772) 462-1700 - TDD (772) 462-1428 Website: www.co.st-lucie.fl.us Attachment A Vendor's Capability to respond to Prior County's Project Total Firm Ex erience Dualifications re uest Cost Fees Score Rankin Total possible points per committee member 20 30 10 40 100 Total possible points for three members 60 90 30 120 300 The Bach Foundation 52 67 30 120 269 1 CCMS/Consumer Credit Management Services 53 71 23 60 207 2 Life Improvements for Tomorrow, Inc 54 73 22 30 179 3 ~ ITEM NO. VI-D10 ~ ~ - DATE: 07/14/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Man er SUBJECT: First Amendment to Grant Agreements with Sunrise City Community Housing Development Organization BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189201-6420-534000-600 Hurricane Housing Recovery Program PREVIOUS ACTION: October 7, 2008 -Contract with Sunrise City Community Housing Development Organization RECOMMENDATION: Board approval of the First Amendment to the Grant Agreements with Sunrise City Community Housing Development Organization, and authorization for the Chair to sign the amendments as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ti Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ERD ( ) Beth Ryder Community Services • ' ~ ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Pan'ish, Housing Manager DATE: 07/14/09 SUBJECT: First Amendment to Grant Agreements with Sunrise City Community Housing Development Organization ITEM NO. VI-D10 Background: On October 7, 2008, St. Lucie County entered into a Grant Agreement with Sunrise City Community Housing Development Organization (CHDO) for the construction of affordable homes within the Pioneer Park subdivision. In light of the current economic conditions, the sharp decline in the selling price of homes and the difficulties the banking industry is experiencing with issuing credit, the local non-profit has faced extreme financial burdens. As a result of the challenges finding qualified buyers for the remaining two units, the non-profit has determined the best course of action is to rent the homes to clients whose long-term goal is home purchase. Sunrise City CHDO will work with these clients on improving their credit and managing their spending to position them for home purchase in the near future. Attached are the First Amendment Agreements C08-10-473 and C08-10-474 designating the use of the funding for impact fees, permitting and utility hook-ups for the Pioneer Park subdivision; deleting the recapture provision; and modifying the lot designations to include the entire subdivision. Recommendation Board approval of the First Amendment to the Grant Agreements with Sunrise City CHDO, and authorization for the Chair to sign the amendments as approved by the County Attorney. FIRST AMENDMENT TO GRANT AGREEMENT (Contract No. COS-10-473) THIS FIRST AMENDMENT, made this day of , 2009, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and SUNRISE CITY COMMUNITY HOUSING DEVELOPMENT ORGANIZATION, INC., a Florida non profit corporation, or its successors, executors, administrators, and assigns, hereinafter called the "Recipient." WITNESSESTH: WHEREAS, on October 22, 2009, the parties entered into a Grant Agreement (the "Agreement") wherein the County agreed to disburse a grant in the total amount of one hundred forty-three thousand ninety-nine and 00/100 dollars ($143,099.00) to the Recipient to be used to construct two houses for eligible St. Lucie County residents whose income is 120% of the area medium income to be repaid to the County at closing; and, WHEREAS, the Recipient has requested the Agreement be amended to permit it to use the funds to pay impact fees and utility hookups and to waive the repayment requirement; and, WHEREAS, the County's affordable housing strategies for the grant funds permit the use of the funds for impact fees and utility hookups and the waiver of repayment. NOW, THEREFORE, in consideration of the mutual benefits received by each party the parties hereby agree to amend the Agreement as follows: 1. Paragraph 1 of the Agreement is hereby amended to read as follows: 1. The County shall disperse to the Recipient a grant in the total amount of one hundred forty-three thousand ninety-nine and 00/ 100 dollars ($143,099.00) to be used to sens~~re~;=e--l~e~se~s-fe~eng~b'~za E6„turn`~'--rv~i~°cry--wiro~se--i~3C~i~3cTs~elo~-T2n0v v-v~t~a=e-cr-rizeElrmii to pay impact fees for up to twenty (20) houses and utility connections for up to eight (8 houses. Payment to the Recipient shall be made in one lump sum payment within thirty (30) days of the date this Agreement is executed by both parties. Upon completion of each house, the Recipient shall convey all right, title, and interest in the houses and underlying real property to an eligible County resident(s) whose income is below 120% of the area medium income (AMID. v..,~..,..~o ~~,o „ +~o rte,,,,.,+., ~;....o 2. All other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SUNRISE CITY COMMUNITY HOUSING DEVELOPMENT ORGANIZATION, INC. By: BY: SECRETARY PRESIDENT (SEAL) g:\atty\agreemnt\contract\ 1 a-sunrise.chdo.473.doc 2 l FIRST AMENDMENT TO GRANT AGREEMENT (Contract No. C08-10-474) THIS FIRST AMENDMENT, made this day of , 2009, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and SUNRISE CITY COMMUNITY HOUSING DEVELOPMENT ORGANIZATION, INC., a Florida non profit corporation, or its successors, executors, administrators, and assigns, hereinafter called the "Recipient." WITNESSESTH: WHEREAS, on October 22, 2009, the parties entered into a Grant Agreement (the "Agreement") wherein the County agreed to disburse a grant in the total amount of one hundred forty-three thousand ninety-nine and 00/100 dollars ($143,099.00) to the Recipient to be used to construct two houses for eligible St. Lucie County residents whose income is 120% of the area medium income to be repaid to the County at closing; and, WHEREAS, the Recipient has requested the Agreement be amended to permit it to use the funds to pay impact fees and utility hookups and to waive the repayment requirement; and, WHEREAS, the County's affordable housing strategies for the grant funds permit the use of the funds for impact fees and utility hookups and the waiver of repayment. NOW, THEREFORE, in consideration of the mutual benefits received by each party the parties hereby agree to amend the Agreement as follows: 1. Paragraph 1 of the Agreement is hereby amended to read as follows: 1. The County shall disperse to the Recipient a grant in the total amount of one hundred forty-three thousand ninety-nine and 00/100 dollars ($143,099.00) to be used to ce~t~tEt-t~~ ~ r el~a~'g '~LAs~ °";`'2~3~S~136~2-~i~EBii~e-kS--~E'16~i~°~e ~r~--t~-iscu---iii°caiurrr m° ~ ^ "'~T' to pay impact fees for up to twenty (20) houses and utility connections for up to eight (8) houses. Payment to the Recipient shall be made in one lump sum payment within thirty (30) days of the date this Agreement is executed by both parties. Upon completion of each house, the Recipient shall convey all right, title, and interest in the houses and underlying real property to an eligible County resident(s) whose income is below 120% of the area medium income (AMI). v°^~~~°^* 2. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS 5T. LUCIE COUNTY, FLORIDA By: BY~ DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SUNRISE CITY COMMUNITY HOUSING DEVELOPMENT ORGANIZATION, INC. By: By: SECRETARY PRESIDENT (SEAL) g:\atty\agreemnt\contract\ 1 a-sunrise.chdo.474.wpd ITEM NO. VI-D11 _ ~ J DATE: 07/14/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI,,1D ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY; Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Mana r SUBJECT: Environmental Protection Agency (EPA} Climate Showcase Communities Grant Application Submittal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit an application for the EPA Climate Showcase Communities grant, and authorization for the Chair to sign documents as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ~ ERD ( ) Beth Ryder Community Services ~ _ ~ - • ' ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manager DATE: 07/14/09 SUBJECT: Environmental Protection Agency (EPA) Climate Showcase Communities Grant Application Submittal ITEM NO. VI-D11 Background- The EPA Climate Showcase Communities Grant Program will include the addition of green energy retrofits for low to moderate income home repair and weatherization projects. Retrofits will include the installation of solar hot water heaters, Energy Star©appliances, high efficiency HVAC systems, Low E insulated impact resistant windows, upgraded insulation and compact fluorescent light bulbs. The Climate Showcase Communities Grant Program will also implement a homeowner maintenance curriculum component that will focus on energy conservation. The curriculum will provide education and outreach for recycling, saving energy, water conservation, home maintenance to ensure energy efficiency, and other topics. The application for this grant is due July 22, 2009 at 4:00 p.m. and will not exceed $500,000. Recommendation Board approval to submit an application for the EPA Climate Showcase Communities grant, and authorization for the Chair to sign documents as approved by the County Attorney. 1 OMB Number: 4040-0004 Ex iration Date: 01/31/2012 A lication for Federal Assistance SF-424 Version 02 * 1. Type of Submission *2. Type of Application *If Revision, select appropriate letter(s): Preapplication New ? Application ? Continuation * Other (Specify) ? Chan ed/Corrected A lication ? Revision *3. Date Received: 4. Application Identifier: Sa. Federal Entity Identifier: *Sb. Federal Award Identifier: State Use Onl 6. Date Received b State: 7. State A lication Identifier: 8. APPLICANT INFORMATION: * a. Le al Name: St. Lucie Count Board of County Commissioners * b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DiJNS: 59-6000835 072215403 - d. Address• *Streetl: 2300 Virginia Avenue Street 2: *City: Fort Pierce County: St. Lucie *State: r~ Province: Coun :USA *Zi /Postal Code: 34982 e. Or anizational Unit: Department Name: Division Name: Community Services Housing f. Name and contact information of erson to be contacted on matters involvin this a lication: Prefix: First Name: ~eSSICa _ Middle Name: *Last Name: Parrish Suffix: Title: Housing Manager Organizational Affiliation: *Tele hone Number: 772-462-2375 Fax Number: 772-462-2855 *Email: arrish' stlucieco.or 1 I i i { r OMB Number: 4040-0004 Ex iration Date: 01/31/2012 A lication for Federal Assistance SF-424 Version 02 9. Type of Applicant 1: Select Applicant Type: B County Government _ - Type of Applicant 2: Select Applicant Type: - Select One - Type of Applicant 3: Select Applicant Type: - Select One - *Other (specify): * 10. Name of Federal Agency: Environmental Protection A enc 11. Catalog of Federal Domestic Assistance Number: 66.041 CFDA Title: CLIMATE SHOWCASE COMMUNITIES GRANT PROGRAM *12. Funding Opportunity Number: EPA-OAR-CPPD-09-08 *Title: Climate Showcase Communities 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Port St. Lucie, Fort Pierce, and St. Lucie County * 15. Descriptive Title of Applicant's Project: Green energy retrofit and education for low income homeowners. Attach su ortin documents ass ecified in a enc instructions. i i OMB Number: 4040-0004 Ex iration Date: 01/31/2012 A lication for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: Florida *a. Applicant *b. Program/Project: FL-015; FL-016 FL-015; FL-016 Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: Green Energy Retrofits and Education *a. Start Date: January 1, 2010 *b. End Date: December 31, 2012 18. Estimated Fundin $ *a. Federal $500,000.00 *b. Applicant $250,000.00 *c. State *d. Local * e. Other *f. Program Income * .TOTAL 750 000.00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ? a. This application was made available to the State under the Executive Order 12372 Process for review on ? b. Program is subject to E.O. 12372 but has not been selected by the State for review. ? c. Pro ram is not covered b E.O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ? Yes ~ No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) **I AGREE The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or a enc s ecific instructions. Authorized Re resentative: Prefix: *First Name: Paula Middle Name: *Last Name: Lewi$ Suffix: *Title: Chair *Tele hone Number: 772-462-1400 Fax Number: 772-462-2131 *Email: lewisp(c~stlucieco.orq *Si nature of Authorized Re resentative: Date Si ed: i i i i OMB Number: 4040-0004 , Ex iration Date: 01/31/2012 A lication for Federal Assistance SF-424 Version 02 *Applicant Federal Debt Delinquency Explanation The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum number of characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of space. N/A 1 OMB Approval No. 0348-0040 ASSURANCES -NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: L Has the legal authority to apply for Federal assistance and the basis of handicaps; (d) the Age Discrimination Act of institutional, managerial and fmancial capability (including 1975, as amended (42 U.S.C. 6101-6107), which funds sufficient to pay the non-Federal share of project cost) prohibits discrimination of the basis of age; (e) the Drug to ensure proper planning, management and completion of Abuse Office and Treatment Act of 1972 (P.L. 92-255), the project described in this application. as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and 2. Will give the awarding agency, the Comptroller General of Alcoholism Prevention, Treatment and Rehabilitation Act the United States and, if appropriate, the State, through any of 1970 (P.L. 91-616), as amended, relating to authorized representative, access to and the right to examine nondiscrimination on the basis of alcohol abuse or all records, books, papers, or documents related to the award; alcoholism; (g) 523 and 527 of the Public Health Service and will establish a proper accounting system in accordance Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as with generally accepted accounting standards or agency amended, relating to confidentiality of alcohol and drug directives. abuse patient records; (h) Title VII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to 3. Will establish safeguards to prohibit employees from using nondiscrimination in the sale, rental or financing of their positions for a purpose that constitutes or presents the housing; (i) any other nondiscrimination provisions in appearance of personal or organizational conflict of interest, the specific statute(s) under which application for Federal or personal gain. assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the 4. Will establish safeguards to prohibit employees from using application. their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, 7. Will comply, or has already complied, with the or personal gain. requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition 5. Will comply with the Intergovernmental Personnel Act of Policies Act of 1970 (P.L. 91-646) which provide for fair 1970 (42 U.S.C. 4728-4763) relating to prescribed standards and equitable treatment of persons displaced or whose for merit systems for programs funded under one of the 19 property is acquired as a result of Federal or federally- statutes or regulations specified in Appendix A of OPM's assisted programs. These requirements apply to all Standards for a Merit System of Personnel Administration (5 interests in real property acquired for project purposes C.F.R. 900, Subpart F). regardless of Federal participation in purchases. 6. Will comply with all Federal statutes relating to 8. Will comply, as applicable, with provisions of the Hatch nondiscrimination. These include but are not limited to: (a) Act (5 U.S.C. 1501-1508 and 7324-7328) which limit the Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which political activities of employees whose principal prohibits discrimination on the basis of race, color or employment activities are funded in whole or in part with national origin; (b) Title IX of the Education Amendments of Federal funds. 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the Previous Edition Usable Standard Form 424B (Rev 4-2012) Authorized for Local Reproduction Prescribed by OMB Circular A-102 r 9. Will comply, as applicable, with the provisions of 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 the Davis-Bacon Act (40 U.S.C. 276a to 276a-7), the U.S.C. 1271 et seq.) Related to protecting components or potential Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), and components of the national wild and scenic rivers system. the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), regarding labor standards for 13. Will assist the awarding agency in assuring compliance will federally-assisted construction subagreement. Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection 10. Wilt comply, if applicable, with flood insurance of historic properties), and the Archaeological and Historic purchase requirements of Section 102(a) of the Flood Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to 14. Will comply with P.L. 93-348 regarding the protection of participate in the program and to purchase flood human subjects involved in research, development, and related insurance if the total cost of insurable construction and activities supported by this award of assistance. acquisition is $10,000 or more. 15. Will comply with the Laboratory Animal Welfare Act of 1966 11. Will comply with environmental standards which (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) Pertaining to the may be prescribed pursuant to the following: (a) care, handling, and treatment of warm blooded animals held for institution of environmental quality control measures research, teaching, or other activities supported by this award of under the National Environmental Policy Act of 1969 assistance. (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 16. Will comply with the Lead-Based Paint Poisoning Prevention 11738; (c) protection of wetlands pursuant to EO Act (42 U.S.C. 4801 et seq.) Which prohibits the use of lead-based 11990; (d) evaluation of flood hazards in flood plains paint in construction or rehabilitation of residence structures. in accordance with EO 11988; (e) assurance of project consistency with the approved State management 17. Will cause to be performed the required financial and program developed under the Coastal Zone compliance audits in accordance with the Single Audit Act Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) Amendments of 1996 and OMB Circular No. A-133, "Audits of conformity of Federal actions to State (Clean Air) States, Local Governments, and Non-Profit Organizations." Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et 18. Will comply with all applicable requirements of all other seq.); (g) protection of underground sources of drinking Federal laws, executive orders, regulations, and policies governing water under the Safe Drinking Water Act of 1974, as this program. amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Chair APPLICANT ORGANIZATION DATE SUBMITTED St. Lucie County Board of County Commissioners Standard Form 424B (Rev 4-2012) Back 1 FORM Approved By OMB: No. 2030-0020 Expires 12-31-2011. United States Environmental Protection Agency Washington, DC 20460 Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance Note: Read instructions on other side before com letin form. I. Applicant/Recipient (Name, Address, State, Zip Code). DUNS No. St. Lucie County Board of County Commissioners, 2300 Virginia Ave., Fort Pierce, FL 34982 072215403 II. Is the applicant currently receiving EPA assistance? III. List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege discrimination based on race, color, national origin, sex, age, or disability. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.) IV. List all civil rights lawsuits and administrative complaints decided against the applicant/recipienttyithin the last year that allege discrimination based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions. Please describe all corrective action taken. (Do not include employment complaints not covered by 40 C.F.R Parts 5 and 7. See instructions on reverse side.) V. List all civil rights compliance reviews of the applicanUrecipient conducted by any agency within the last two years and enclose a copy of the review and any decisions, orders, or agreements based on the review. Please describe any corrective action taken. (40 C.F.R. § 7.80(c)(3)) VI. Is the applicant requesting EPA assistance for new construction? If no, proceed to VII; if yes, answer (a) and/or (b) below. a. If the grant is for new constniction, will alt new facilities or alterations to existing facilities be desi ned and constructed to be readily accessible to and usable by persons with disabilities? If yes, proceed to VII; if no, proceed to VI(b). Yes No b. If the grant is for new construction azid the new facilities or alterations to existing facilities will not be readily accessible to and usable by ersons with disabilities, ex lain how a re lato exce tion 40 C.F.R. 7.70 a lies. VII.* Does the applicant/recipient provide initial and continuing notice that it does not discriminate on the basis of race, color, national origin, sex, age, or disability in its programs or activities? (40 C.F.R. § 5.140 and § 7.95) a. Do the methods of notice accommodate those with impaired vision or hearing? Yes ?No b. Is the notice posted in a prominent place in the a licant's offices or facilities or, for education programs and activities, in appropriate periodicals and other written communications? Yes ?No c. Does the notice identify a designated civil rights coordinator? Yes ?No VIII.* Does the applicanUrecipientrnaintain demographic data on the race, color, national origin, sex, age, or handicap of the population it serves? (40 C.F.R. § 7.85(a)) ¦?Yes ?No IX.* Does the applicant/recipienthave a olicy/procedure for providing access to services for persons with limited English proficiency? (40 C.F.R Part 7, E.O. 13166) ¦~Yes ?No X.* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it designated an employee to coordinate its compliance with 40 C.F.R. Parts 5 and 7? Provide the name, title, position, mailing address, a-mail address, fax number, and telephone number of the designated coordinator. XI* If the applicantlrecipient is an education program or activity, or has 15 or more employees, has it adopted grievance procedures that assure the prompt and fair resolution of complaints that allege a violation of 40 C.F.R. Parts 5 and 7? Provide a legal citation or Internet address for, or a copy o~ the procedures. For the Applicant/Recipient I certify that the statements I have made on this form and all attachments thereto are true, accurate and complete. I acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. I assure that I will fully comply with all applicable civil rights statutes and EPA regulations. A. Signature of Authorized Official B. Title of Authorized Official C. Date Chair For the U.S. Environmental Protection Agency I have reviewed the information provided by the applicant/recipient and hereby certify that the applicantlrecipient has submitted all preaward compliance information required by 40 C.F.R. Parts 5 and 7; that based on the information submitted, this application satisfies the preaward provisions of 40 C.F.R. Parts 5 and 7; and that the applicant has given assurance that it will fully comply with all applicable civil rights statutes and EPA regulations. A. Signature of Authorized EPA Official B. Title of Authorized EPA Official C. Date See note on reverse side. EPA Form 4700-4 (Rev. 03/2008). Previous editions are obsolete. r Instructions for EPA FORM 4700-4 (Rev. 03/2008) General Items Recipients of Federal financial assistance from the U.S. "Applicant" means any entity that files an application or unsolicited Environmental Protection Agency must comply with the following proposal or otherwise requests EPA assistance. 40 C.F.R. 5.105, statutes and regulations. 7.25• Title VI of the Civil Rights Acts of 1964 provides that no person in "Recipient" means any entity, other than applicant, which will actually the United States shall, on the grounds of race, color, or national receive EPA assistance. 40 C.F.R. 5.105, 7.25. origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity "Civil rights lawsuits and administrative complaints" means any receiving Federal financial assistance. The Act goes on to explain lawsuit or administrative complaint alleging discrimination on the that the statute shall not be construed to authorize action with respect basis of race, color, national origin, sex, age, or disability pending or to arty employment practice of any employer, employment agency, or decided against the applicant and/or entity which actually benefits labor organization (except where the primary objective of the Federal from the grant, but excluding employment complaints not covered by financial assistance is to provide employment). 40 C.F.R. Parts 5 and 7. For example, if a city is the named applicant but the grant will actually benefit the Department of Sewage, cavil Section 13 of the 1972 Amendments to the Federal Water Pollution rights lawsuits involving both the city and the Department of Sewage Control Act provides that no person in the United States shall on the should be listed. ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Federal Water "Civil rights compliance review" means any review assessing the Pollution Control Act, as amended. Employment discrimination on applicant's and/or recipient's compliance wtth laws prohibiting the basis of sex is prohibited in all such programs or activities. discrimination on the basis of race, color, national origin, sex, age, or disability. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability in the United States Submit this form with the original and requued copies of applications, shall solely by reason of disability be excluded from participation in, requests for extensions, requests for increase of funds, etc. Updates of be denied the benefits of, or be subjected to discrimination under any information are all that are required after the initial application program or activity receiving Federal financial assistance. submission. Employment discrimination on the basis of disability is prohibited in all such programs or activities. If any item is not relevant to the project for which assistance is requested, write "NA" for "Not Applicable." The Ag_e Discrimination Act of 1975 provides that no person on the basis of age shall be excluded from participation under any program In the event applicant is uncertain about how to answer any questions, or activity receiving Federal financial assistance. Employment EPA program officials should be contacted for clarification. discrimination is not covered. Age discrimination in employment is prohibited by the Age Discrimination in Employment Act * Questions VII - XI are for informational use only and will not affect administered by the Equal Employment Opportunity Commission. an applicant's grant status. However, applicants should answer all ; questions on this form. (40 C.F.R. Parts 5 and 7). Title IX of the Education Amendments of 1972 provides that no person in the United States on the basis of sex shall be excluded from Note: Signature appears in the Approval Section of the EPA participation in, be denied the benefits of, or be subjected to Comprehensive Administrative Review For Grants/Cooperative discrimination under any education program or activity receiving Agreements & Continuation/Supplemental Awards form. Federal financial assistance. Employment discrimination on the basis of sex is prohibited in all such education programs or activities. Approval indicates, in the reviewer's opinion, questions I - VI of Form Note: an education program or activity is not limited to only those 4700-4 comply with the preaward administrative requirements for EPA conducted by a formal institution. assistance. 40 C.F.R. Part 5 implements Title IX of the Education Amendments "Burden Disclosure Statement" of 1972. EPA estimates public reporting burden for the preparation of this form 40 C.F.R. Part 7 implements Title VI of the Civil Rights Act of 1964, to average 30 minutes per response. This estimate includes the time Section 13 of the 1972 Amendments to the Federal Water Pollution for reviewing instructions, gathering and maintaining the data needed Control Act, and Section 504 of The Rehabilitation Act of 1973. and completing and reviewing the form. Send comments regarding the burden estimate, including suggestions for reducing this burden, to The Executive Order 13166 (E.O. 13166) entitled; "Improving U.S. EPA, Attn: Collection Strategies Division (MC 2822T), Office of Access to Services for Persons with Limited English Proficiency" Infonnation Collection, 1200 Pennsylvania Ave., NW, Washington, requires Federal agencies work to ensure that recipients of Federal D.C. 20460; and to the Office of Information and Regulatory Affairs, financial assistance provide meaningful access to their LEP Office of Management and Budget, Washington, D.C. 20503. applicants and beneficiaries. The information on this form is required to enable the U.S. Environmental Protection Agency to determine whether applicants and prospective recipients are developing projects, programs and activities on a nondiscriminatory basis as required by the above statutes and regulations. DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 osas-ooas See reverse for ublic burden disclosure. 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract ~a. bid/offer/application ~ a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name ? Prime ?Subawardee and Address of Prime: Tier if known: N/A N/A Con ressional District, if known: Con ressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: N/A N/A CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: N/A $ N/A 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) N/A (last name, first name, MI N/A 11, alion requested through this form is authorized by title 31 U.S.C. section Signature: 1352. This disdosurc of lobbying activities is a material representation of fad upon which reliance was placed by the tier above when this transaction was made Paula Lewis or entered into. This disdosurc is required pursuant to 31 U.S.C. 1352. This Print Name: information wiA be reported to the Congress semi-annually and will be available for Chalr public inspection. My person who fails to file the required disdosure shall 6e Title: subject to a dvil penalty of not less that 510,000 and not more than 5100,000 for each sud,faaure. Telephone No.: Date: Federal USe Only: Authorized for Local Reproduction Standard Form LLL (Rev. 4/2012 ITEM NO. VI-D12 S r ~ ~ ~ DATE: 07/14/2009 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers SUBMITTED BY: Community Services/Social Services Assistant Director SUBJECT: Acceptance of the Community Services Block Grant (CSBG) American Recovery and Reinvestment Act (ARRA) Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001511-6420-331691-600 Department of Health and Human Services PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the agreement with the Florida Department of Community Affairs for the acceptance of the CSBG-ARRA funds in the amount of $468,735; approval of Budget Resolution 09-203; and authorization for the Chair to sign documents pending approval by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED _ ( ) OTHER -~'~ti Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sis~natures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel McIntyre Marie Gouin Sophia Holt Originating ( ) a Dept. Beth Ryder os-s58 _ ~ - - Community Services ~ i MEMORANDUM TO: Board of County Commissioners n THROUGH: Beth Ryder, Directory FROM: Stefanie Myers, Assistant Director DATE: July 14, 2009 SUBJECT: Acceptance of the Community Services Block Grant (CSBG) American Recovery and Reinvestment Act (ARRA) Agreement ITEM NO. VI-D12 Background: CSBG-ARRA is a federal grant designed to: • To secure and maintain meaningful employment • Attain adequate education • Make better use of available income • Obtain and maintain adequate housing and suitable living environment • Remove obstacles and solve problems that block achievement of self-sufficiency • Achieve greater participation in the affairs of a community • Make more effective use of other programs The Treasure Coast Community Action Agency (TCCAA) is the lead agency for this regional grant which includes Martin, Okeechobee and St. Lucie County. The mission of TCCAA is to partner with other human services organizations, the private sector and citizens to offer programs and services that assist residents toward self sufficiency. St. Lucie County is the lead County for the Treasure TCCAA. The TCCAA Advisory Board oversees the programs and budget for the tri-county area. The percentage of funds allotted for each County is as follows; St. Lucie 53.5%, Martin 26%, Okeechobee 20.5°~. Funds will be used to assist with educational programs and to support residents in obtaining and maintaining employment. The allocation for this agreement will be $468,735. Recommendation Board approval of the agreement with the Florida Department of Community Affairs for the acceptance of the CSBG ARRA funds in the amount of $468,735; approval of Budget Resolution 09-203; and authorization for the Chair to sign documents pending approval by the County Attorney. os-zss RESOLUTION NO. 09-203 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a Community Services Block Grant from the Department of Community Affairs, in the amount of $468,735. 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 14th day of July, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 001511-6420-331691-600 Department of Health & Human Services $468,735 APPROPRIATIONS 001511-6420-549605-600 Domestic Subsidy $250,773 001511-6420-581065-600 Martin County $121,871 001511-6420-581075-600 Okeechobee County $ 96,091 $468,735 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 14TH DAY OF JULY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY CFDA# 93.710 Contract Number: lOSB-8B-12-00-O1-124 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FEDERALLY-FUNDED SUBGRANT AGREEMENT COMMUNITY SERVICES BLOCK GRANT ARRA PROGRAM THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and St. Lucie County Board of County Commissioners (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Department has statutory authority to disburse the funds under this Agreement. THEREFORE, the Deparhnent and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF_ LAWS. RULES. REGULATIONS AND POLICIES The Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties or July 1, 2009, whichever is earlier and shall end September 30.2010, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A- 122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on acost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. Rev 3/25/09 Page 1 (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers aze available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. The five yeaz period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five yeaz period expires, and extends beyond the five yeaz period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition ofnon-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A -and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m to 5:00 p.m, local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m to 5:00 p.m, local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awazded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circulaz A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awazds in its fiscal yeaz, the Recipient must have a single orprogram-specific audit conducted in accordance with the provisions of OMB Circulaz A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awazded through the Department by this Agreement. In determining the Federal awazds expended in its fiscal year, the Recipient shall consider all sources of Federal awazds, including Federal resources received from the Department. The Rev 3/25/09 Page 2 determination of amounts of Federal awazds expended should be in accordance with the guidelines established by OMB Circulaz A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circulaz A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fiilfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circulaz A-133, as revised. If the Recipient expends less than $500,000 in Federal awazds in its fiscal yeaz, an audit conducted in accordance with the provisions of OMB Circulaz A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awazds in its fiscal year and chooses 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 funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circulaz A-133, as revised, by or on behalf of the Recipient to: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumazd Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to surilla.parrish@dca.state.fl.us] and Department of Community Affairs Community Assistance Section Tallahassee, Florida 32399-2100 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at httn://harvester census gov/fac/collect/ddeindex html And to any 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 Circulaz A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circulaz A-133, as revised, and any management letter issued by the auditor, to the Department at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumazd Oak Boulevazd Tallahassee, Florida 32399-2100 [also send an electronic copy to surilla.parrish@dca.state.fl.us] and Department of Community Affairs Community Assistance Section Shumazd Oak Boulevazd Tallahassee, Florida 32399-2100 Rev 3125/09 Page 3 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement in accordance with OMB Circulaz A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (no~rofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Department 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. (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Depaztment of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Department has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Department no later than nine months from the end of the Recipient's fiscal yeaz. (7) REPORTS (a) The Recipient shall provide the Department with quarterly reports and aclose-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Deparhnent. (b) Quarterly reports are due to the Depaztrnent no later than six (6) calendar days after the end of each quarter of the program yeaz and shall be sent each quarter until submission of the administrative close-out report The ending dates for each quarter of the program yeaz are Mazch 31, June 30, September 30 and December 31. ' (c) The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies aze not sent to the Department or aze not completed in a manner acceptable to the Depaztment, the Department may withhold fiuther payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Deparhnent" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Department. (f) The Recipient shall provide additional reports and information identified in Attachment D. Rev 3/25/09 Page 4 (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who aze paid from funds provided under this Agreement, to ensure that time schedules aze being met, the Budget and Scope of Work aze being accomplished within the specified time periods, and other perfom~ance goals aze being achieved. A review shall be done for each function or activity in Attachment L to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with aia p graph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks, (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat.. the Recipient is solely responsible to parties it deals with in carrying out the temps of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.. agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make further payment of funds shall, if the Department elects, terminate and the Department has the option to exercise any of its remedies set forth in Paragraph (11). However, the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any futher payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Rev 3/25/09 Page 5 Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department 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. (11) REMEDIES ' If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of such termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Department any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional irifonmation from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures maybe taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities in question, or 4. require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient. Rev 3/25/09 Page 6 (12) TERMINATION (a) The Department may terminate this Agreement for cause with thirty days written notice. Cause can include 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 Department may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendaz days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Deparanent because of any breach of Agreement by the Recipient. The Deparhnent may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative 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 Division contract manager for this Agreement is: Paula Lemmo Department of Community Affairs 2555 Shumard Oak Boulevazd Tallahassee, Florida 32399-2100 Telephone: (850) 488-7541 Fax: (850) 488-2488 Email: paula.lemmo(r~dca state fl us (c) The name and address of the Representative of the Recipient to whom notices should be sent and who is responsible for the adrninistrarion of this Agreement is identified in Attachment K, Recipient Information. (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in (13)(a) above. Rev 3/25/09 Page 7 (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwazded to the Department for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the tenais of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Department 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 tenors and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement aze incorporated as if set out fully. (b) In the event of aay inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments (check all that aze applicable): Exhibit 1 -Funding Sources Attachment A -Budget and Scope of Work Attachment B -Program Statutes and Regulations Attachment C - Recordkeeping Attachment D -Reports Attachment E -Justification of Advance Attachment F -Warranties and Representations Attachment G -Certification Regazding Debarment Attachment H -Statement of Assurances Attachment I -Property Management and Procurerr~ent Attachment J -Special Conditions Attachment K -Recipient Information Attachment L - Workplan and Quarterly Report Form Rev 3/25/09 Page 8 St. Lucie County Board of County Commissioners (17) FUNDING/CONSIDERATION (a) This is acost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $468.735, subject to the availability of funds. The Recipient is authorized to incur costs in an amount not to exceed $234.368 until further notification is received from the Department. Changes to the costs the Recipient may incur will be accomplished by notice from the Department to the Recipient, sent by certified mail, return receipt requested, to the Recipient's contact person identified in Attachment K, Recipient Information. The terms of the Agreement shall be considered to have been modified to allow the Recipient to incur additional costs upon the Recipient's receipt of the written notice from the Department. (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the fast three (3) months of the contract term Any advance payment is also subject to federal OMB Circulazs A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment requested and provide an explanation of the necessity for and proposed use of these funds. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under subpazagraph (19)(h) of this Agreement, all obligations on the part of the Department to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumazd 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 Department for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. Page 9 (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in nay later submrission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials aze incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Department and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et s .and the Florida Civil Rights and Fair Housing Acts (sections 760.01 - 760.37, Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local govemment services, and telecommunications. (f) A person or organization 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 awazded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local govemment or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. aze not presently debarred, suspended, proposed for debarment, declazed ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a 5-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; Rev 3/25/09 Page 10 violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. aze not presently indicted or otherwise criminally or civilly chazged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4. have not within a 5-yeaz period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such form must be received by the Department before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")). The Department 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 Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. with respect to the meetings of the Recipient's governing boazd or the meetings of any subcommittee making recommendations to the governing boazd. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. Rev 3/25/09 Page I 1 (o)All unrnanufactured and manufactured articles, materials, and supplies which aze acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Depaztment under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her lmowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awazding of any Federal contract, the malting of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standazd Form-LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawazds (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has apre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. Rev 3/25/09 Page 12 (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Deparhnent for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright.. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. Rev 3/25/09 Page 13 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FEDERALLY FUNDED SUBGRANT AGREEMENT COMMUNITY SERVICES BLOCK GRANT ARRA PROGRAM SIGNATURE PAGE Contract Number: lOSB-8B-12-00-01-124 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and yeaz set forth below. RECIPIENT DEPARTMENT OF COMMUNITY AFFAIRS (Type Recipient's Legal Name) By: Date• By: Date: (Authorized Signature) (Authorized Signature) _ Janice Browning, Director (Print Name) Division of Housing and Community Director Title: Federal Tax ID# Dun and Bradstreet Date Universal Numbering System (DUNS) Number Rev 3/25/09 Page 14 St. Lucie County Board of County Commissioners Y ITEM NO. VI-E1 ~ _ J - DATE: 07/14/09 • • - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to the contract for non-clerical temporary personnel services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 534000 -Multiple departments other contractual services PREVIOUS ACTION: March 23, 2006 - BOCC approved contract. RECOMMENDATION: Board approval of the first amendment to contract C06-03-217 with Manpower Staffing amending the payment paragraph and extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER _ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) Budget Analyst ( ) Dan McIntyre Other (X) _~,x,.-l/ Purchasing (X) Carl Holeva Melissa Simberlund Office of Management ~ ~ _ _ _ 4 & Budget/Purchasing i MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: July 14, 2009 SUBJECT: Amendment to the contract for non-clerical temporary personnel services ITEM NO. VI-E1 Background: In 2006, St. Lucie County bid the non-clerical temporary personnel services. Four companies responded to the bid: Manpower Staffing located in Ft. Pierce, A1A Employment of Miami located in Miami, Treasure Coast Staffing located in Port St. Lucie and Able Body Labor located in Ft. Pierce. St. Lucie County entered into a contract with Manpower Staffing, the lowest, responsive and responsible bidder. The initial contract was for a period of three years. The current term expires on September 30, 2009. There is an option for two additional one-year renewal periods. Due to the anticipated changes to the Federal wage laws that are due to take effect on January 1, 2010, St. Lucie County is amending the contract payment section to allow for a straight pass through charge of the additional payroll burden costs associated with these wage law changes only if they exceed the current standard. This change will not affect the multiplying factor that the County is charged under this Contract. Recommendation Board approval of the first amendment to contract C06-03-217 with Manpower Staffing amending the payment paragraph and extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. 1~ C06-03-217 FIRST AMENDMENT TO MARCH 28, 2006 AGREEMENT BEWTEEN ST. LUCIE COUNTY AND FAMOSO, INC. THIS FIRST AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and FAMOSO, INC. d/b/a MANPOWER STAFFING or his, its or their successors, executors, administrators, and assigns (the "Contractor"1. WHEREAS, on March 28, 2006 the parties entered into a contract for non-clerical temporary personnel service; and, WHEREAS, the parties desire to amend the Contract to change the payment paragraph and to exercise the first one-year renewal option extending the contract through September 30, 2010. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 4. PAYMENT shall be amended to read as follows: 4. PAYMENT The County shall pay the Agency for the temporary personnel at rate calculated using the multipliers listed in the Agency's Bid. Upon request by the County, the Agency will furnish rates for personnel to perform the duties excluded from the above stated rates. The multiplier will be applied to the County's hourly rate of pay for the position. The County shall pay for all expenses incurred by Agency for conducting background searches as requested by the County Project Manager. The Agency shall invoice the County on a weekly basis for services rendered pursuant to this Agreement. Each invoice submitted hereunder shall indicate the name of the employee provided by the Agency, position, hours worked, hourly rate, and applicable multiplier. All invoices shall be sent to the department receiving the service for verification and processing. Should the Contractor be required to increase payroll burden costs at any time going forward, during the term of this Agreement as the direct result of any determination, order or action by any applicable federal, state or local governmental authority or third-party insurer, St. Lucie County will reimburse Manpower, at direct cost, for any such increase. 1 C06-03-217 In the event that the County employs a temporary employee, damage fees (temporary to permanent charge) shall not be accessed if the temporary employee has worked for the County a minimum of 160 hours. In the event the County employs a temporary employee that has worked less than 160 hours, the damage fee will not exceed one (1) weeks payment to the Agency for the employee. 2. Paragraph 8. TERM shall be amended to read as follows: 8. TERM The term of this Agreement shall begin on May 1, 2006 and shall continue through and including September 30, 2010, unless otherwise terminated as herein provided. The term may be extended for one additional one year period subject to the same terms and conditions upon agreement of the parties. 3. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: FAMOSO, INC. d/b/A Manpower Staffing BY: Print Name: Title: 2 ~ a ITEM NO. VI-E2 ~ ~ - DATE: 07/14/09 . - AGENDA REQUEST REGULAR ( ) _ s, PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin 1~ SUBMITTED BY: Office of Management & Budget/Purchasing Director Y SUBJECT: Amendment to the contract for snack vending machine services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 12, 2006 - BOCC approved contract. RECOMMENDATION: Board approval of the first amendment to contract C06-09-541with DiLoreto & Sons, Inc. allowing the assignment of contract to Vending Americas, Inc., extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator ~ Coordination/Signatures OMB County Attorney (X) ~ Budget Analyst ( ) Dan McIntyre t Other ( ) Purchasing (X ) Melissa Simberlund Office of Management - ~ _ & Budget/Purchasing s • MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: July 14, 2009 SUBJECT: Amendment to the contract for snack vending machine services ITEM NO. VI-E2 Background: In 2006, St. Lucie County issued an RFP for snack vending machine services. Two proposals were received: DiLoreto & Sons, Inc. located in Riviera Beach with a proposed commission rate of 28% and All County Vending located in Port St. Lucie with a proposed commission rate of 15%. St. Lucie County entered into a contract with DiLoreto & Sons, Inc., the highest ranked vendor. The initial contract was for a period of three years. The current term expires on September 30, 2009. There is an option for two additional one-year renewal periods. DiLoreto & Sons, Inc. will continue to honor their commission rate for the renewal term. In 2007, DiLoreto & Sons, Inc. legally changed their name with the State of Florida to Vending Americas, Inc. Pursuant to paragraph 15 of the Contract, the County must approve all contract assignments and changes. Recommendation Board approval of the first amendment to contract C06-09-541 with DiLoreto & Sons, Inc. allowing the assignment of contract to Vending Americas, Inc., extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. s C06-09-541 FIRST AMENDMENT TO SEPTEMBER 12, 2006 VENDING AGREEMENT BETWEEN ST. LUCIE COUNTY AND DILORETO & SONS, INC. THIS FIRST AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and DILORETO & SONS, INC. ("Assignor") and VENDING AMERICAS, INC., ("Assignee"). WHEREAS, on September 12, 2006 the County and Assignor entered into a contract to provide snack vending machine services for St. Lucie County municipal buildings; and, WHEREAS, Assignee legally changed its name with to Assignor, which will continue to provide all of the services in the Contract; consequently, Assignor has agreed to assign the Contract, to Assignee and the County has agreed to approve the assignment; and, WHEREAS, the parties desire to amend the Contract to exercise the first one-year renewal option extending the contract through September 30, 2010. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Assignment of Contracts. Assignor hereby assigns to Assignee all of its rights, duties, liabilities and obligations as specifically set forth in the Contract, incorporated herein by this reference. 2. Assumption of Contracts. Assignee hereby agrees to assume, perform and discharge all duties, liabilities and obligations of Assignor as set forth in the Contract. 3. Approval of the Assignment. The County hereby approves the assignment of the Contract, from the Assignor to the Assignee. 4. Paragraph 10. TERM shall be amended to read as follows: 10. TERM The term of this Agreement shall begin on September 12, 2006 and end on September 30, 2010. The County, at its option, reserves the right to extend the term for one 111 additional one-year term. 5. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. Page 1 of 2 C06-09-541 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY ASSIGNOR: WITNESSES: DILORETO & SONS, INC. BY: Print Name: Title: ASSIGNEE: WITNESSES: VENDING AMERICAS, INC. BY: Print Name: Title: Page2of2 - - ITEM NO. VI-E3 ~ DATE : 7/14/09 • • - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: / Marie M. Gouin SUBMITTED BY: Office of Management & BudgeUPurchasing Director SUBJECT: Request for Qualifications (RFQ) No. 09-045, Financial Advisor for the St. Lucie County Board of County Commissioners BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1900-531000-100 Professional Services PREVIOUS ACTION: August 19, 2008 - BOCC approval for permission to re-advertise RFQ RECOMMENDATION: Board approval of the short-listed firm for Financial Advisor for the St. Lucie County Board of County Commissioners and permission to: 1. Waive oral presentations for RFQ No. 09-045; 2. Award RFQ No. 09-045 to the top ranked firm; 3. Conduct contract negotiations with the top ranked firm; 4. If negotiations are successful, authorization for the Chair to sign the documents as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED - ( ) OTHER - Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures 2- County Attorney (X) Budget Analyst ( ) Dan McIntyre Purchasing (X) Engineering ( ) Desiree Cimino Office of Management & Budget/Purchasing _ - J_ i MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director 1'~ DATE: July 14, 2009 SUBJECT: Request for Qualifications (RFQ) No. 09-045, Financial Advisor for the St. Lucie County Board of County Commissioners ITEM NO. VI-E3 Background: On June 24 2009, responses to RFQ No. 09-045, Financial Advisor for the St. Lucie County Board of County Commissioners were opened. Two proposals were received; 227 companies were notified and 14 RFQ documents were distributed. On July 6, 2009, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The selection committee has recommended that oral presentations for this Request for Qualifications be waived due to the fact that only two proposals were received and one firm was short-listed. The short-listed firm is as follows: 1. The PFM Group -Orlando, Florida Recommendation Board approval of the top short-listed firm for Financial Advisor and permission to: 1. Waive oral presentations for RFQ No. 09-045; 2. Award RFQ No. 09-045 to the top ranked firm; 3. Conduct contract negotiations with the successful short-listed firm; 4. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney. Attachment A Past Performance Firm Location References Qualifications Totat Score Ranking Total possible points per committee member 20 55 25 100 Total possible points for three members 60 165 75 300 The PFM Group Orlando, FI. 9 153 69 231 1 First Southwest Company Orlando, FI. 9 142 60 211 2 LOCATION RATING LOCATION RATING Headquartered in St. Lucie County 20 Satellite Office in St. Lucie County 10 Office located in the tri-County Area 6 Martin, Okeechobee & Indian River Coun Office located outside of the tri County area but in Florida 3 Office located outside of Florida 0 Proposing firms can only receive a score from one of the above categories. ITEM NO. VI - F 1 ~ 1 _ ! DATE: 07/14/09 • ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Jody Bonet SUBMITTED BY: Grants/Disaster Recovery Cultural Affairs anager SUBJECT: Amendment to the Art in Public Places Annual Plan BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 665-7310-599300-700 Art in Public Places Trust Fund PREVIOUS ACTION: February 24, 2009 - BOCC approval of AiPP Annual Plan RECOMMENDATION: Board approval of the Art in Public Places Annual Plan Amendment. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/S io n atu res County Attorney (X) OMB Director (X) `/~,1 DaniNl McIntyre Marie Gouin I l ~F~ 1--~ r ~ • Originating Dept. (X) Budget Analyst (X) illi m Hoeffner Robert O'Sullivan _ - ST. LUCIE COUNTY GRANTS /DISASTER RECOVERY ~ DEPARTMENT • ~ ~ • MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants and Disaster Recovery Director FROM: Jody Bonet, Cultural Affairs Manager DATE: July 14, 2009 SUBJECT: Amendment to the Art in Public Places Annual Plan ITEM NO. VI - F 1 Background: On July 6, 1999, the Board of County Commissioners (the Board) approved an ordinance to fund an Art in Public Places (AiPP) program. On February 24, 2009, the Board approved the Art in Public Places Annual Plan for 2008/2009 for a total of $405,000 in projects. On June 11, 2009, the Art in Public Places committee approved a proposed amendment to the Art in Public Places Annual Plan. The proposed amendment is for four new projects with a total cost of $38,000. Although the Avenue D Intermodal Center AiPP project has also been included in the AiPP Amendment, a budget for this project will be determined when the intermodal center progresses. Thus, the Avenue D intermodal project will be brought back to the Board for final approval at a later date. There is currently a total of $489,724 in the Art in Public Places budget. After reserving $443,000 for projects within 2008/2009 AiPP Plan and its Amendment, there will be a remaining balance of $46,724. The proposed amendment includes the following projects and budget allocations: A. Highwaymen Mural on Avenue D (Site to be determined) - $5,000 B. Garden City Elementary -Gates and site improvement project - $20,000 C. Permanent archway for the brick paver area for Zora Neale Hurston gravesite improvement project - $12,000 D. Avenue D Intermodal Center -Add this site fora 2009/10 project with the amount to be determined when the capital project becomes closer to construction E. Move Dennis Koval's Remnant #26 sculpture that is located at the Fenn Center to the Oxbow Eco-Center once the new Jorge Blanco's "Dynamics" sculpture is installed at the Fenn Center - $1, 000 Previous Action February 24, 2009 - BOCC approval of AiPP Annual Plan. Recommendation Board approval of the Art in Public Places Annual Plan Amendment. Attachment Art in Public Places Annual Plan Amendment Art in Public Places Committee Annual Plan 2008 / 2009 In 1999, the County and the City of Fort Pierce approved an ordinance to fund an Art in Public Places (AiPP) program. St. Lucie County Ordinance number 2000-30 approved minor amendments to no. 99-07. The County AiPP ordinance places 2% of capital projects that are over $50,000 into the AiPP Trust Fund account and 1% of road projects. The ordinance limits the contribution from a particular capital project to not exceed $100,000. To maximize limited resources, the AiPP subcommittee develops a plan for both the County and the City of Fort Pierce to implement together. Phase I: Completed Projects during November 2003 to 2007 1. The Partnership -Marine Center Location 2. Sailfish -Manatee Center location 3. With Out Walls 1 Sculpture Exhibition 4. Recycling Sculpture - 25~' Street Administration complex 5. The Sapling - Heathcote Gardens entrance 6. 9-11 Sculpture -Tradition Field 7. Indian River State College Glass Sculpture 8. Pepper Park Mural Phase II: AiPP Plan - 2007 to 2008 On November 27, 2007, the Board of County Commissioners approved the Art in Public Places Annual Plan for 2007/2008 as set forth below. The status of the approved projects is documented below: 1. The Clerk of the Courts Building $12,000 (Purchased David Cumbie's Piece that was part of the WOW 2 exhibition) 2. Biennial With Out Walls 2 Sculpture Exhibition and Symposium (Completed) 3. Avenue D Highwaymen Obelisk Project - $90,000 (Contract approved by BOCC includes the $45,000 match from FP) 4. Downtown Ft. Pierce Parking Garage $85,000 (FP - in process) 5. Avenue A Mural and other murals $15,000 (SLC -not complete) 6. Terry Thommes -Purchase sculpture $30,000 (SLC -Complete) 7. Martin Luther King Park Project $60,000 SLC/ $60,000 FP (Committee working on call for artist proposal) 8. Lakewood Park Project $100,000 (Contract approved by BOCC) 9. Havert L. Fenn Center Project $89,000 (Contract approved by BOCC) 10. Concrete Plinths (pads) for Sculptures $20,000 (SLC Complete) 11. Contingency for interior art or other unforeseen issues ($20,000 SLC -not used) 1 Amended Phase II: 2007 to 2008 Purchase WOW 2 Sculptures whose lease expires August 2008 On August 12, 2008, the BOCC approved an amendment to the Annual Art in Public Places Plan. The status of the 07/08 amended plan is listed below identifying the jurisdiction that purchased the sculpture: 12. In the Swim, Jorge Blanco $36,000 (FP -Complete) 13. Prevailing Winds, Pat Cochran $12,000 (FP -Complete) 14. Bird in the Hand, Ginny Piechstreet & Anita Prentice $ 7,500 (FP -Complete) 15. Totem, David Cumbie $12,000 (SLC -Complete) 16. Remnant Series #26, Dennis Kowal $40,000 (SLC -Complete) 17. Speaker, Dennis Howland $ 4,000 (SLC -Complete) 18. Ais Bear Totem for St. Lucie County History Center $10,000 (SLC -Complete) 19. UDT Navy SEAL Memorial $100,000 (SLC AiPP Grant) 20. Extend the lease on four WOW 2 Sculptures until 9/2009 $4,000 (SLC-Complete) Phase III: 2008 to 09 Projects The February 24, 2009 Board of County Commissioners agenda item is for the approval of the following projects. The proposed projects include completing the projects identified in the 2007/08 Annual Art in Public Places Plan, two new projects, and a commitment for a third temporary sculpture exhibition and symposium identified as the With Out Walls 3 . At the February 12, 2009, Art in Public Places committee meeting, the committee approved that the following projects be recommended to the Board of County Commissioners for inclusion in the 2008/09 Annual Art in Public Places Plan: Biennial With Out Walls 3 Sculpture Exhibition and Symposium $70,000 (SLC -new) Gateway Sculpture by I-95 and Okeechobee Road $150,000 (SLC -new) Martin Luther King Park Project $60,000 SLC/ $60,000 FP (07/08 Plan) Avenue A Mural and other murals $15,000 (SLC - 07/08 Plan) Mural on outside restroom wall of Port St. Lucie Pool $ 5,000 (SLC -new) Solar lighting and concrete pads for current 3 projects $ 30,000 (SLC - 07/08 Plan) (Fenn, Avenue D, and Lakewood Park) Total Capital Projects $330,000 SLC, $60,000 FP 2 Art in Public Places Maintenance and Education Programs The Annual Plan always includes several on-going programs that are also funded through the Art in Public Places Trust Fund. Ordinance No. 2000-30, Section 1-5-2(g) states that, "An amount equal to fifteen percent (15%) of the eligible allocation of the construction project ....may be used for project support and community participation activities. For public-owned property this may include staffing, artist-selection related costs, consultants, design/proposaU moquette costs, identifying plaques, project documentation, publicity, community education activities and other purposes as may be deemed appropriate for the administration of the program. An amount equal to fifteen percent (15%) of the eligible public art allocation of the construction project for a capital project shall be set aside for curatorial services, insurance coverage, and the preservation and maintenance of the specific project." Thus, the following two areas fulfill the intent of the AiPP ordinance. Maintenance Projects ($25,000 County) 1. Murals throughout the County 2. Existing sculptures with bases and lights 3. Transit Benches Education Component ($50,000 County) Arts View, Web site, Artist Travel for Presentation during openings and symposiums, plaques, sculpture driving brochure/map, etc. AiPP Staff Cultural Affairs Manager (in-kind County) Executive Assistant (in-kind County) Specialist to assist with WOW 3 sculpture exhibition ($20,000 already included in the WOW 3 budget) Proposed Budget for the 2008/09 Annual Plan Total Capital Projects $330,000 SLC, $60,000 FP Maintenance Projects $ 25,000 SLC Education Component $ 50,000 SLC Grand Total $405,000 SLC, $60,000 FP 3 Amended Phase III: 2008 to 2009 On July 6, 1999, the Board approved an ordinance to fund an Art in Public Places (AiPP) program. On February 24, 2009, the Board of County Commissioners approved the Art in Public Places Annual Plan for 2008/09. On June 11, 2009, the Art in Public Places committee approved the proposed amendment to the Art in Public Places Annual Plan. The Art in Public Places Trust fund has a total of $577,695 available in the account. The 08/09 Plan earmarked $405,000 in projects and this amendment is for an additional $38,000 of projects totaling $443,000. There is currently a total of $559,306 in the budget and $116,306 available after allocation of the $443,000. The proposed amendment includes the following allocations: A. Original Highwaymen Mural on Avenue D and 13`f' Street - $5,000 B. Garden City Elementary -Gates and Site Improvement Project - $20,000 C. Permanent archway for the brick paver area for Zora Neale Hurston Gravesite Improvement Project - $12,000 D. Avenue D Intermodal Center -Add this site fora 2009/10 project with the amount to be determined when the capital project becomes closer to construction E. Move Dennis Koval's Remnant #26 sculpture that is located at the Fenn Center to the Oxbow Eco-Center once the new Jorge Blanco's "Dynamics" sculpture is installed - $1,000 Proposed Budget for the 2008/09 Annual Plan and Amendment Total Capital Projects $330,000 SLC, $60,000 FP Total Amended Projects $ 38,000 SLC Maintenance Projects $ 25,000 SLC Education Component $ 50,000 SLC Grand Total $443,000 SLC, $60,000 FP Financial Summary Available budget as of June 24, 2009 $489,724 2008/09 Annual Plan and Amendment $443,000 Available budget after Plan and Amendment $ 46,724 4 ITEM NO. VI - F 2 F, ply . I ~ . DATE: 07/14/09 • ~ . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Y: Jody Bonet SUBMITTED BY: Grants/Disaster Recovery Cultural Affai Manager SUBJECT: Art in Public Places Budget Amendment and Equipment Requests BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 665-7310-599300-700 Art in Public Places Trust Fund PREVIOUS ACTION: February 24, 2009 - BOCC approval of AiPP Annual Plan RECOMMENDATION: Board approval of Art in Public Places Budget Amendment BA 09-029 and Equipment Requests EQ 09-36, EQ 09-37, and EQ 09-38 COMMISSION ACTION: CONCURRENCE: (JO APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinationlSi~natures County Attorney (X) OMB Director (X) Daniel McIntyre Marie Gouin ~-1``.h~'r`" W Originating Dept. (X) Budget Analyst (X) 1`~ illiam Hoeffner Robert O'Sullivan ~ ST. LUCIE COUNTY GRANTS /DISASTER RECOVERY DEPARTMENT • r MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants and Disaster Recovery Director/~~ FROM: Jody Bonet, Cultural Affairs Manager DATE: July 14, 2009 SUBJECT: Art in Public Places Budget Amendment and Equipment Requests ITEM NO. VI - F 2 Background: On February 24, 2009, the Board of County Commissioners approved the Art in Public Places (AiPP) Annual Plan for 2008/2009. On June 11, 2009, the Art in Public Places committee approved a proposed amendment to the Art in Public Places Annual Plan. On July 14, 2009, Agenda Item VI - F1 recommends approval of a proposed amendment to the 2008/2009 AiPP Annual Plan. To implement the two capital projects approved in the 2008/2009 Art in Public Places Annual Plan and the one capital project included in the AiPP Annual Plan Amendment, budget amendment BA 09-29 is required in order to move funds from the AiPP reserve account to the Works of Art account. The three capital projects also require approval of the following equipment requests: EQ09-36 I-95 Gateway Sculpture, EQ09-37 Martin Luther King, Jr. Park Project, EQ 09-38 Zora Neale Hurston Graveside Archway. The three additional projects added to the 2008/2009 AiPP Plan Amendment (Highwayman Mural, Garden City Elementary Gates, and the relocation of the Dennis Koval Remnant sculpture) will be accomplished through contracted services and will be funded from existing funds within the contracted services account (655-7310-534000-700). Recommendation Board approval of Art in Public Places Budget Amendment BA 09-029 and Equipment Requests EQ 09-36, EQ 09-37, and EQ 09-38. Attachment Budget Amendment BA 09-029 and Equipment Requests EQ 09-36, EQ 09-37, and EQ 09-38 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Grants -Cultural Affairs -Art in Public Places PREPARED DATE: 6/29/2009 AGENDA DATE: 7/14/2009 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 665-7310-567000-700 Works of Art $222,000 FROM: 665-9910-599300-800 Reserves $222,000 REASON FOR BUDGET AMENDMENT: To transfer bud et from Reserves to Works of Art for EQ09-036 to EQ09-038 CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT BA09-029 DOCUMENT # 8~ INPUT BY: /i ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2008-2009 DEPARTMENT: Grants /Disaster Recovery RECOMMENDED: YES NO REVISED DIVISION: Cultural Affairs -Art in Public Places APPROVED: YES NO REVISED EQUIPMENT: I-95 Gateway Sculpture ADDITIONAL COSTS BUDGET AMOUNT: $150,000 X NEW REPLACEMENT YES X NO JUSTIFICATION: The proposed I-95 Gateway sculpture is an allowable cost identified in the Annual Art in Public Places plan. The Art in Public Places ordinance # 99-07 authorizes the set aside of funds from capital projects to be used for sculptures at specific County sites. The proposed project was approved February 24, 2009 by the BOCC as part of the Art in Public Places Annual Plan for 2008/09. The call for artist will occur in 2009 once FDOT agrees to a location for the project. EQUIPMENT REQ#: EQ09-36 ACCOUNT#: 665-7310-567000-700 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2008-2009 DEPARTMENT: Grants /Disaster Recove RECOMMENDED: YES NO REVISED DIVISION: Cultural Affairs - Art in Public Places APPROVED: YES NO REVISED EQUIPMENT: Martin Luther King -Dreamland Park Project ADDITIONAL COSTS BUDGET AMOUNT: $60,000 X NEW REPLACEMENT YES X NO _ JUSTIFICATION: The proposed MLK Park AiPP Project is an allowable cost identified in the Annual Art in Public Places plan. The Art in Public Places ordinance # 99-07 authorizes the set aside of funds from capital projects to be used for sculptures at specific County sites. The proposed project was approved February 24, 2009 by the BOCC as part of the Art in Public Places Annual Plan for 2008/09. The call for artist will occur in 2009. EQUIPMENT REQ#: EQ09-37 ACCOUNT#: 665-7310-567000-700 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2008-2009 DEPARTMENT: Grants /Disaster Recovery RECOMMENDED: YES NO REVISED DIVISION: Cultural Affairs - Art in Public Places APPROVED: YES NO REVISED EQUIPMENT: Zora Neale Hurston Gravesite Archway ADDITIONAL COSTS BUDGET AMOUNT: $12,000 X NEW REPLACEMENT YES X NO JUSTIFICATION: The proposed Zora Neale Hurston Gravesite Project is an allowable cost identified in the amendment to the Annual Art in Public Places Plan. The Art in Public Places ordinance # 99-07 authorizes the set aside of funds from capital projects to be used for sculptures at specific County sites. The proposed project was approved July 14, 2009 by the BOCC as part of the Art in Public Places Annual Plan Amendment for 2008/09. EQUIPMENT REQ#: EQ09-38 ACCOUNT#: 665-7310-567000-700 ITEM NO. VI - F3 ~ - DATE: 07/14/09 . . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ,,%//,t„/ Ken Justice ~ b~ / ~XX// SUBMITTED BY: Grants / Disaster Recovery Grant Resource Developer SUBJECT: Local match for a Florida Inland Navigation District grant for Little Mud Creek boat ramp project. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 187-7240-599330-700 Florida Boating Improvement Program Reserves PREVIOUS ACTION: March 24, 2009 - BOCC approval of Florida Inland Navigation District (FIND) grant application. March 24, 2009 - BOCC approval of Florida Boating Improvement Program grant application. RECOMMENDATION: Board approval to use $47,500 of local FBIP Reserves as match for a FIND grant for the Little Mud Creek Park boat ramp project. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER " Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Siunatures OMB Director ( ) County Attorney { ) Budget Analyst Daniel S. McIntyre Marie Gouin Patric a Marston Originating Dept. ( ) Mosquito Control ( ) ~ ~ iam Hoeffner ~ Jim David Grants /Disaster Recovery ~ ' ~ MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants /Disaster Recovery Directoy~~~ FROM: Ken Justice, Grants Resource Developer~~b~. DATE: July 14, 2009 SUBJECT: Local match for a Florida Inland Navigation District grant for Little Mud Creek boat ramp project. ITEM NO. VI-F3 Background: The Blind Creek Park Management Plan calls for a boat ramp to be constructed on the shore of Little Mud Creek at Blind Creek Park. A grant application was submitted on March 24, 2009, seeking funding of $47,500 from the Florida Inland Navigation District (FIND) to construct the boat ramp. The FIND grant requires a local 1:1 match of $47,500. A second grant application to the Florida Boating Improvement Program (FBIP) in the amount of $47,500 was also submitted and was intended to match the FIND grant. However, the FBIP grant application was not approved for funding. In an effort to provide a stimulus to the local economy and to meet the Blind Creek Park Management Plan requirements, staff proposes the use of local FBIP Reserves to provide the required match for the FIND grant. FBIP Reserves are funded by an annual allocation from the Florida Fish and Wildlife Conservation Commission (FFWCC) to St. Lucie County for boating improvements. This annual allocation is separate and distinct from the FBIP grant program. If the Board approves the use of the FBIP Reserve funds, staff will obtain the required state approval to expend the local FBIP funds from the FFWCC. The FBIP Reserve funds will be expended only if FIND grant funding is approved. Recommendation Board approval to use $47,500 of local FBIP Reserves as match for a FIND grant for the Little Mud Creek Park boat ramp project. ITEM NO. VI-G1 ~ DATE: 7/14/09 • • . AGENDA REQUEST ~~r_ , . REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. ~ ~ SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: Verada Ditch Improvements -Lucero Drive Culvert Replacement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101-4115-563000-190141 NRCS Grant (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 1 in the amount of $19,000.00. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) OMB Director (x ) ~ Budget Analyst Daniel McIntyre arie ouin Originating Dept. (x) County Engineer (x) /I{ Do ald West Michael Powley t~~ Verada Ditch Lucero C01.ag Page 1 of 2 Engineering Division . i ~ ~ r~.a MEMORANDUM. TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer ~~b P DATE: July 14, 2009 SUBJECT: Verada Ditch Improvements -Lucero Drive Culvert Replacement ITEM NO. VI-G1 Background: St. Lucie County received $5.4 million (with the County's 25% match) in Natural Resources Conservation Service (NRCS) grant funds to assist in repairing damage from Tropical Storm Fay to the Taylor Creek Shoreline and the Verada Ditch. The projects were successfully bid and are almost complete. While working on the Lucero Drive culvert, it was recognized that the second Calmoso Drive crossing of Verada Ditch (not included in any construction project) was also in need of repair. The first crossing of Calmoso Drive over Verada Ditch is part of the Verada Ditch South project. Change Order No. 1 utilizes our current construction to include repairs on the second Calmoso Drive crossing. This is only intended to be short-term (five years) so the funds to construct a permanent repair can be accumulated. Previous Action December 23, 2008 -County Administrator signed Work Authorization No. 6 in the amount of $24,640.58. January 13, 2009 -Board approved Amendment 1 to Work Authorization No. 6 (C07-07-387) with Miller Legg for the emergency repair of Verada Ditch in the amount of $269,737.03. February 24, 2009 -Board approved of the use of Emergency Procedures for waiver of formal bidding process and solicitation of quotes for construction for the Verada Ditch Emergency Repair Project. March 10, 2009 -Board approved adawn-to-dusk, seven-day work week for Emergency Repairs Related to Tropical Storm Fay. March 24, 2009 - Board approved award of the Emergency Repairs related to Tropical Storm Fay for the Verada Ditch South of Calmoso Drive and Lucero Drive Culvert Replacement Projects to the low bidder, Ranger Construction Industries, Inc., in the amount of $2,756.468.00 and set up the project budget (to include the contingency) in the amount of $3,032,500.00. Board approved Work Authorization No. 23 (Verada Ditch Improvements South of Calmoso Drive) to Dunkelberger Engineering and Testing, in the amount of $66,705.00. Recommendation Board approval of Change Order No. 1 in the amount of $19,000.00. Attachment: Change Order 1 - 2 pages Page 2 of 2 i ~HANGEORDER 3T. LUCIE COUNTY 'ROJECT: Lucero Culvert Replacement CHANGE ORDER NUMBER: 1 name, address) INITIATION DATE: 6/29/09 ~O (Contractor): CONSULTANT'S PROJECT NO.: N/A Langer Construction Industries, Inc. ST. LUCIE COUNTY O Box 14589 CONTRACT NO: C09-03-107 ~t. Pierce, FL 34979-4589 CONTRACT DATE: 3/24/09 'ou are directed to make the following changes in this Contract: ;Additional sheet attached as Exhibit A -Yes) SEE ATTACHED EXHIBIT "A" ~he original (Contract Sum) was $195,166.00 Jet change by previous authorized Change orders $ -0- he (Contract Sum) prior to this Change Order was $195,166.00 he (Contract Sum) will be increased y this Change Order $19,000.00 he new (Contract Sum) including this Change Order will be $214,166.00 he Contract Time will be increased b (52) Days he Date of Substantial Completion as of the date of this Change Order therefore is: 7/31/09 unds Available: Account Number 101-4115-563000-190141 he adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed ie Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that ~e stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays ssociated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work nder this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a ~sult of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope f the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor gat the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change rder after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: St. Lucie County. Engineering Division Public Works Department Architect/Engineer St. Lucie County Department 2300 Viroinia Ave., Ft. Pierce, FL 34982 2300 Virginia Ave. Ft Pierce FL 34982 Address Address 9/29/09 9/2909 By: John Frank, P.E., Sr. Project Engr Date By: Donald B. West, P.E. P/W Dir. Date Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Ranger Construction Industries Inc Contractor BY Date P O Box 14589 Ft. Pierce, FL 34979-4589 Address Approved as to Form and Correctness BY Date County Attorney Page 1 of 2 Project: Lucero Drive 09-012 CHANGE ORDER #1 Contractor Ranger Notice to Proceed Date: 24-Mar-O9 Additional Time: 52 Com lete Date: 31-Jul-09 430-710 A Pipe Repairs on Calmoso ~s 1 lsooo $1s,ooo.oo Total $19,000.00 Page 2 of 2 ITEM NO. VI-G2 ~ _ ~ DATE: 7/14/09 s ~ AGENDA REQUEST REGULAR ( ) , PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: Verada Ditch Improvements South of Calmoso Drive BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001507-4115-563000-19014) NRCS Grant (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 2 in the amount of $15,100.00. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator CoordinatioNSi4natures Count Attorne x ~ n Y Y ( ) OMB Director (x) ,r~n " ~ Budget Analyst 1~ I F Daniel McIntyre Marie Gouin Originating Dept. (x) County Engineer (x) li~~ ~ ~,,,,i Do ald West M hael Cowley Verada Ditch South C02.ag Page 1 of 2 Engineering Division _ .~..~,e.~ ~ ' ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer ~t~,~ DATE: July 14, 2009 SUBJECT: Verada Ditch Improvements South of Calmoso Drive ITEM NO. VI-G2 Background: St. Lucie County received $5.4 million (with the County's 25% match) in Natural Resources Conservation Service (NRCS) grant funds to assist in repairing damage from Tropical Storm Fay to the Taylor Creek Shoreline and the Verada Ditch. The projects were successfully bid and are almost complete. Using our experience from the Indian River Drive repairs after the 2004 hurricanes, we have incorporated a design feature that basically consists of creating concrete splash pads for 13 outfall pipes by grouting the open space between adjacent concrete blocks below the pipes for the full length of the mats. We have found that this feature provides significant protection during severe rainfall events. Change Order No. 2 provides funds for this work. It is anticipated that the two change orders for $379,972.42 and $15,100.00 respectively, will conclude this project. Our total cost of this work will be $3,151,540.42. This work is completely funded by the NRCS grant and the County's matching funds. Previous Action December 23, 2008 -County Administrator signed Work Authorization No. 6 in the amount of $24,640.58. January 13, 2009 -Board approved Amendment 1 to Work Authorization No. 6 (C07-07-387) with Miller Legg for the emergency repair of Verada Ditch in the amount of $269,737.03. February 24, 2009 -Board approved of the use of Emergency Procedures for waiver of formal bidding process and solicitation of quotes for construction for the Verada Ditch Emergency Repair Project. March 10, 2009 -Board approved adawn-to-dusk, seven-day work week for Emergency Repairs Related to Tropical Storm Fay. March 24, 2009 - Board approved award of the Emergency Repairs related to Tropical Storm Fay for the Verada Ditch South of Calmoso Drive and Lucero Drive Culvert Replacement Projects to the low bidder, Ranger Construction Industries, Inc., in the amount of $2,756.468.00 and set up the project budget (to include the contingency) in the amount of $3,032,500.00. Board approved Work Authorization No. 23 (Verada Ditch Improvements South of Calmoso Drive) to Dunkelberger Engineering and Testing, in the amount of $66,705.00. June 16, 2009 -Board approved Change Order No. 1 in the amount of $379,972.42. June16, 2009 -Board approved Amendment No. 1 to the original grant application, Budget Resolution 09-180 and Budget Amendment BA09-025 accepting additional NRCS funds (and County match) in the amount of $817,922.50). Recommendation Board approval of Change Order No. 2 in the amount of $15,100.00. Attachment: Change Order 2 - 2 pages Page 2 of 2 CHANGE ORDER ST. LUCIE COUNTY PROJECT: Verada Ditch Improvements South of Calmoso Dr. CHANGE ORDER NUMBER: 2 (name, address) INITIATION DATE: 6/29/09 TO (Contractor): CONSULTANT'S PROJECT NO.: N/A Ranger Construction Industries, Inc. ST. LUCIE COUNTY P O Box 14589 CONTRACT NO: C09-03-108 Ft. Pierce, FL 34979-4589 CONTRACT DATE: 3/24109 rou are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A -Yes) SEE ATTACHED EXHIBIT "A" fhe original (Contract Sum) was $2,561,302.00 het change by previous authorized Change orders $379,972.42 fhe (Contract Sum) prior to this Change Order was $2,941,274.42 fhe (Contract Sum) will be increased ~y this Change Order $15,100.00 the new (Contract Sum) including this Change Order will be $2,956,374.42 the Contract Time will be unchan ed b -0-)Days ~rhe Date of Substantial Completion as of the date of this Change Order therefore is: 7/18/09 =unds Available: Account Number 001507-4115-563000-19014) -he adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed he Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that he stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work ender this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a esult of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope ~f the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor hat the Change Order represents an equitable adjustment to the Contract, and that Contractor wil? waive all rights to file a claim on this Change )rder after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: St. Lucie County, Engineering Division Public Works Deoartment ArchitecUEngineer St. Lucie County Department 2300 Virginia Ave., Ft. Pierce. FL 34982 2300 Virginia Ave.. Ft. Pierce. FL 34982 Address Address 6/29/09 6/29/09 By: John Frank, P.E., Sr. Project Engr Date By: Donald B. West, P.E. P/W Dir. Date Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Ranger Construction Industries Inc. Contractor BY Date P O Box 14589, Ft. Pierce, FL 34979-4589 Address Approved as to Form and Correctness By: Date County Attorney Page 1 of 2 Project: Verada Ditch South 09-011 CHANGE ORDER #2 Contractor Ranger Notice to Proceed Date: 24-Mar-09 Additional Time: o Com lete Date: i8-Jul-09 530-786 Grout Under Pipes ~s 1 15100 $15,100.00 Total $15,100.00 Page 2 of 2 ITEM NO. VI-H1 DATE: 07/14/09 i • ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jack T. Southa SUBMITTED BY: Public Safety Public Safety Director SUBJECT: Resolution No.09-199 County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA} Federal match portion. BACKGROUND: See Memorandum FUNDS AVAILABLE: 001505-2510-331233-29501 Department of Homeland Security PREVIOUS ACTION: October 14, 2008 -Board approved Base Grant in the amount of $98,726.00. RECOMMENDATION: Board approval of Budget Resolution No.09-199 accepting the additional $70,009.00 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (x) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinatioNSignatures County Attorney (X) OMB Director (X ) Budget Analyst Dan McIntyre Patty Marston Marie Gouin Originating Dept. ( ) ERD ( ) (Name) (Name) Public Safety ' ~ ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southar® Public Safety Director DATE: July 14, 2009 SUBJECT: Resolution No.09-199 County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA) Federal match portion ITEM NO. VI-H1 Background: The Base Grant provided by the Department of Community Affairs, Division of Emergency Management was approved by the Board on October 14, 2008. Resolution No.09-199 is accepting an additional $70,009.00 which increases the agreement to a total of $168,735.00. Recommendation Board approval of Budget Resolution No.09-199 accepting the additional $70,009.00 and authorization for the Chair to sign documents as approved by the County Attorney. RESOLUTION NO. 09-199 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 from the Department of Community Affairs through aFederally-Funded Subgrant Agreement, in the amount of $70,009. The funding is from the Emergency Management Preparedness and Assistance Trust Fund and is intended to enhance County's Emergency Management Program in the 2009-2010 fiscal year. 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 14t" day of July, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001505-2510-331233-29501 Dept of Homeland Security $70,009 APPROPRIATIONS 001505-2510-541000-29501 Communications $34,009 001505-2510-543000-29501 Utilities $34,000 001505-2510-551000-29501 Office Supplies $ 500 001505-2510-552000-29501 Operating Supplies $ 1,500 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 14T" DAY OF JULY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY • 4 - •~•ae vat~'~ STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE CRIST RUBEN D. ALMAGUER Governor Interim Director June 22, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED. St. Lucie County Emergency Management 15305 W. Midway Rd Ft. Pierce, Florida 34945 Attn: Tom Daly Re: AWARD Letter Agreement # 09-BG-03-10-66-01-138 Dear Mr. Daly, In accordance with Paragraph 17(d) of the above reference Agreement, this award Letter serves as a legal modification to your Base Grant Agreement. This Award Letter provides Federal funds to your County in the amount of $70,009. These funds continue to require a dollar for dollar non-federal match. Please ensure that your County can provide the required additional match before accepting these funds. This Award letter increases your County's total amount of funding under this Agreement to $168,735. You must return the attached budget form (Attachment A-1) showing the anticipated expenditure of the Federal funds. All other terms and conditions of the Agreement shall remain in full force and effect. Please make this a part of your Agreement File. Should the County not wish to accept these additional funds, then the County must provide notice to the Division within thirty (30) days of receipt of this Award Letter. Otherwise the County shall provide to the Division its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. In accordance with Paragraph 17(d) of the above referenced Agreement, the terms of this Agreement shall be considered to have been modified to include the additional funds upon receipt by the Division of the written notice of acceptance. FLORIDA RECOVERY OFFICE DIVISION HEADQUARTERS STATE LOGISTICS RESPONSE CENTER 36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row Lake Mary, FL 32746-6201 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Tel: 850-413-9969 Fax: 850-488-1016 www.FloridaDisaster.oro County EM Director Page Two It is important to note that in previous years' agreements, both the state Emergency Management Preparedness and Assistance (EMPA) and federal Emergency Management Performance Grant (EMPG) portions of the Agreement would have ended on September 30 of that year. Under this year's modification, the EMPG portion of this Agreement in the amount of $70,009 will have until June 30, 2010 to be expended. The remaining EMPA portion of this Agreement must be expended on or before September 30, 2009. You may indicate your acceptance of these funds by signing and returning this Award Letter with the attached budget page to Donald Kunish, Florida Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. Respectfully, Ruben D. Almaguer, Interim Director Division of Emergency Management RDA/ Attachment I accept the additional funds and agree to all terms and conditions as set forth in the EMPA Base Grant Agreement. County: Authorized Official: Title: Date: Attachment A-1 Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Performance (EMPG) Federal portion of this subgrant only (Paragraph (17)(d), FUNDING/CONSIDERATION). Category Anticipated Expenditures Amount Salaries/Fringe Benefits $ Other Personal Services $ Expenses $ 70,009.00 Operating Capital Outlay $ Fixed Capital Outlay $ Management & Admin. Costs (not to exceed 2.5%) $ Total Federal Funds $ X0,009.00 County: St. Lucie Agreement No: 09-BG-03-10-66-01-138 REVISED EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program $70,009 CFDA: 97.042 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Chapter 252, Florida Statutes Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule) 44 CFR, Part 302 OMB Circular A-87 and A-133 48 CFR, Part 31 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Awarding Agency: Division of Emergency Management Catalog of State Financial Assistance Title: Emergency Management Programs Catalog of State Financial Assistance Number: 52008 State Grant Amount: $101,573 (minus deduction of $2,847 mos. satellite service) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code. ITEM NO. VI-H2 DATE: 07/14/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B~ Jack T. Southard SUBMITTED BY: Public Safety Public Safety Director SUBJECT: Purchase of Network Attached Storage (NAS) Server for the 911 Center BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001439-2120-564000-200 -State of Florida E911 County Grant PREVIOUS ACTION: May 12, 2009 -Board accepted the grant from the State of Florida E911 Grant Program and approved Resolution No. 09-141 in the amount of $12,578.00 October 7, 2008 -Board authorized the submittal of a grant application to the State of Florida E911 County Grant Program. RECOMMENDATION: Board approval of the purchase of Network Attached Storage (NAS) Server for the 911 Center in the amount of $12,578.00 and approve Equipment Request No. 09- 039. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED _ OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X ) Budget Analyst Dan McIntyre Pat y arston Marie Gouin Originating Dept. ( ) ( ) (Name) (Name) ~ R: ~ ~ ~ _ Public Safety Department • MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southard Public Safety Director DATE: July 14, 2009 SUBJECT: Purchase of Network Attached Storage (NAS) Server for the 911 Center ITEM NO. VI-H2 Background: The E911 State Grant provides funds that will be utilized for the purchase and installation of a Network Access Server (NAS) system that will be used to store both existing and new E911 recorder data. The County currently has Stancil recording equipment, which will be transferred to the new 911 Center. The proposed server will be housed at the alternate 911 Center located at 101 North Rock Road in Ft. Pierce. We will be using the NAS to connect the old facility to the new facility. The system will allow for efficiency when searching for data and will significantly reduce the amount of time required to search and retrieve archived recordings. This device will hold storage over the network, doing away with the need to copy to DVDs or tapes. Recommendation Board approval of the purchase of Network Attached Storage (NAS) Server for the 911 Center in the amount of $12,578.00 and approve Equipment Request No. 09-039. r ` ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2008-2009 AGENDA DATE 14-Jul-09 DEPARTMENT: PUBLIC SAFETY RECOMMENDED: X YES NO REVISED DIVISION: CENTRAL COMMUNCATIONS APPROVED: YES NO REVISED EQUIPMENT: NETWORK ACCESS SERVER ADDITIONAL COSTS BUDGET AMOUNT: $12,578 X NEW REPLACEMENT YES NO JUSTIFICATION: The E911 State Grant provides funds that will be utilized for the purchase and installation of a Network Access Server (NAS) system that will be used to store both existing and new E911 recorder data. The County currently has Stancil recording equipment, which will be transferred to the new 911 Center. The proposed server will be housed at the alternate 911 Center located at 101 North Rock Road in Ft. Pierce. We will be using the NAS to connect the old facility to the new facility. The system will allow for efficiency when searching for data and will significantly reduce the amount of time required to search and retrieve archived recordings. This device will hold storage over the network, doing away with the need to copy to DVDs or tapes. EQUIPMENT REQ#: EQ09-039 ACCOUNT#: 001439-2120-564000-200 Part o the S ner on Solutions, Inc. Famil 1335 Gateway Drive Melbourne, FL 32901 S O L U T 1 O N S Phone 888.431.7950 Fax 321.309.2756 St. Lucie County Department of Public Safety Stencil Recording Solution 101 N. Rock Road Ft. Pierce, FL 34945 Date: May 7, 2009 Prepared By: Mike Hanner Estimate No: NAS050709 Delivery: 10 Business Days Qty Part Number Product Description Unit Total Price 1 NAS Svr NAS (Network Attached Storage) Server $ 8,291.00 Intel Quad Core Xeon Processor 8 GB RAM 2 TB Storage Capacity RAID 50 Hot Swap Hard Drives DVD ROM Drive Microsoft Windows Server 2003 64 Bit OS Rack Mount Chassis w/Redundant Power Su lies 1 94017 NAS Server License for recorder $ 2,043.00 S stem Subtotal $ 10,334.00 Installation & Trainin $ 1,000.00 Extended 24x7 On-Site Burin warrant eriod $ 1,244.00 Total S stem Quote $ 12,578.00 * Prices in this estimate are valid for 30 Da s *1 Year Warrant -24x7 Phone Su ort Proud Manufacturer of the TEN-4 Voice Recording Solution ITEM NO. VI-11 u=. ~ ~ - ~ ; DATE: 07/14/09 • . ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ; _ Diana D. Lewis SUBMITTED BY: Airport Airport Director" SUBJECT: Budget Resolution No. 09-202, Terminal Renovation Design BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140364-4220-562005-094600 (pending BOCC approval) PREVIOUS ACTION: April 14, 2009 -Board approval of Resolution No. 09-126 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement for the terminal renovation design. RECOMMENDATION: Board approval of Budget Resolution No. 09-202 establishing the fund for the design of the terminal renovations project totaling $100,000 with a 50% FDOT grant ($50,000) and the 50% local share ($50,000) and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER - Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) ~s„~ p ~'-r-? Budget Analyst Daniel McIntyre rie Gouin Heather Young Patty Marston Purchasing ( ) ~ ERD ( ) Meliss Simberlund Desiree Cimino AIRPORT IIII {Illil~ ~~I III i,,,~~~1 I~ III., ' ~ ' ~ MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: July 14, 2009 SUBJECT: Budget Resolution No. 09-202, Terminal Renovation Design ITEM NO. VI-11 Background At the March 17, 2009 Special Informal Workshop, the Board directed staff to obtain grant funding for the design of terminal renovations in anticipation of possible air service to the Bahamas, and to determine the possible use of the Tourist Development Tax fund as a local match for any grant received. In April 2009, the Florida Department of Transportation (FDOT) provided a Joint Participation Agreement fora $50,000 grant for design costs estimated at $100,000. Resolution No. 09-126 was approved by the Board on April 14, 2009 accepting this grant. A Budget Amendment (BA09-016) was also approved to move money from Fund 362-9910-599305-800 Funding Reserve to Fund 362-4220- 562005-094600 Building- Consulting Engineer for the local match on this project. Due to State budget issues, the grant was only recently executed and returned by FDOT. The approval of Budget Resolution No. 09-202 attached will establish the funds for this project. Recommendation Board approval of Budget Resolution No. 09-202 establishing the fund for the design of the Terminal Renovations project totaling $100,000 with a 50% FDOT grant ($50,000) and the 50% local share ($50,000) and authorization for the Chair to sign the document as approved by the County Attorney. ~ RESOLUTION NO. 09-202 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 from the Florida Departmen# of Transportation through a Joint Participation Agreement, in the amount of $50,000, as funding to Design Terminal Improvements at the St. Lucie County International Airport. 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 14th day of July, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 140364-4220-334411-094600 FDOT-Transportation $50,000 APPROPRIATIONS 140364-4220-562005-094600 Building-Consulting Engineer $50,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 14T" DAY OF JULY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ ITEM NO. VI-12 - ~ ~ DATE: 07/14/09 • • , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis SUBMITTED BY: Airport Airport Director,..-~~ SUBJECT: Approval of Roof Replacement Contract for Phoenix Metal Products BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140-4210-546100-400 PREVIOUS ACTION: January 20, 2009 -Board awarded project to David Greenlaw Construction in the amount of $36,292.06. June 23, 2009 -Board canceled contract with David Greenlaw Construction. RECOMMENDATION: Board authorization to enter into contract with R.K. Davis Construction in the amount of $36,698.00 and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER _ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sig natu res County Attorney ( ) OMB Director ( ) '1 ~ tz Budget Analyst a iel McIntyre Marie Gouin Heather Young Patty Marston Purchasing ( ) ~ ERD ( ) Melissa Simberlund Desiree Cimino AIRPORT • _ _a _ M E M O R A N D U M TO: Board of County Commissioners r ~ FROM: Diana D. Lewis, Airport Director DATE: July 14, 2009 SUBJECT: Approval of Roof Replacement Contract for Phoenix Metal Products ITEM NO. VI-D2 Background: As a condition of lease amendment, the Airport agreed to replace ahurricane-damaged, 150' x 80' metal roof on a County-owned building that is being leased by Phoenix Metals Products. This project was previously awarded to David Greenlaw Construction in January 2009. The Board terminated the contract on June 23, 2009 due to non-performance. On June 24 2009, six (6) companies were contacted, of which five (5) were local, and a scope of work was provided requesting quotes to be submitted by June 30, 2009. Three quotes were obtained from the following companies: • Richard K. Davis Construction - $36,698.00 • Tucker Construction & Engineering Inc. - $37,663.40 • On-Shore Roofing - $72,000.00 Richard K. Davis Construction is the lowest, responsive quote. Funds for this project are available under the Building Maintenance in the FY 2009 Operating Budget. Recommendation Board authorization to enter into contract with R.K. Davis Construction in the amount of $36,698.00 and authorization for the Chair to sign the document as approved by the County Attorney. ` r0~? 11:33 FAg 17724657665 RK DAVIS CONSTRtiCTION ~ 003 ~`tia~sd~ ~u~7Jar6s ~ WERE BUILDING SOLUTIONSS'" CORPORATION ~'MEliht?,~'ru,~,~ June 30, 2009 Todd Cox Airport Manager St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Roof Replacennent -phoenix Metals Products 3000 Industrial Ave. 3, Ft. Pierce, FL Dear Mr. Cox: Reichard K Davis Construction Corporation is leased to roof repau~s at the 1 l 0'x 80' Phoenix Metals Products facile ~ the ~s proposal for Park. Our proposal i s based on observations from visiting t e site and espo deuce with Butler Manufacturing, the metal building manufacturer. Our proposal ofi $36, 698.00 includes all labor, material, tax, freight, and equipment with the following breakdown and clarifications: Proposal Amount: 1. Roof Removal & Replacexx~ent: $33,298.00 2. Additional Purlins (4 required); $)1,900.00 a. Additional Eave Struts not included (4 ea.) recommended, field verification required. Please add: $ 575.00 each 3_ Petxnitting Costs: $ 500.00 allowance 4. Signed & Sealed Engineering Drawings: S 1,000.00 S. Landfill Cults: Not Applicable 6. Recycled Material Rebate: Not Applicable. GENERAL CONDITIONS • A Project Manager and working steel crew foreman will be assigned to this project to ensure that scheduling and quality workmanship is provided, • The site will be kept free of construction debris on a regular basis, so that tenant's daily operations won't be interrupted. At completion of the project the site will be left clean and ready for use. • Temporary utilities and temporary sanitary facilities have not been included. We will make use of the utilities available on site with usage fees paid for by the tenanbowner_ POST OFFICE BOX 186, FORT PIERCE, FLORIDA 34954 IHS INDIAN RIVER 77$-gi 88 - MARTIN 463-0300 SnINT LUCIE 461-8335 - Fnx 465-7665 U/U/ftA/ DIln wv~c . ,v[~? 11:9 FA% 17724657665 RK DAVIS CONSTRUCTION ~J004 ! • A permit allowance of SS00.00 has been included. • x1,000.00 for design and engineering has been included • Butler Manufacturing shall provide signed and sealed engineered drawings fior St. Lucie County permitting. Proposed roof system will be designed to meet 130 mph, exposure C requirerraenits as needed to comply with the 2007 Florida Building Code witty the 2009 supplemerrts and the ASCE7-OS presstire criteria. METALS • Existing roof sheets will be removes, hauled off site, and disposed of properly. • Butler Manufacturing Butlenb II 26-gauge Galvalume roof panels shall be provided and installed after old roof sheets are removed. • Supply and install three new 10 foot long ridge vents, 1 centered in each column bay. • Supply and insta114 new roof purlins to bring roof up to current code; one in each corner of the building in between the eave strut aad first purlin. • New gable trim has been included. Gable trim is a necessity to maintain the structural integrity of the ezttgineered roof system required to meet the code requirements for the wind load. • We recommend the replacement of at least 4 eave struts. Final quantity of eave struts needing replacement will need to be verified in the field prior to order. Please see breakout above for pricing per eave strut. • No skylights, gutters, or insulation have been included. Please feel free to contact me with any questions regarding this proposal. Sincerely, 7~~°C Nate Rubel Project Manager /'IUUy%1'Ul; U~:44 AM '1'UGKEK GUNS'1'KUG'1'lUN ~'AX No, X63 'ly4 y4d4 1', UU3 TUCKER RQQFING M n ti n n n n ~~w n n n n n n n n METAL ROOFING SPECIALIST CGC-012097 Mr. Todd Cox, Airport Manager June 30, 2009 St. LYZCie County 2300 Virginia Ave Fort Pierce, F134982r5652 Re: Phoenix Metals Re-roof Dear Sir, We propose to famish all labor, materials and equipment to install a new roof system on the Phoeni.7c Metals building at 3000 Industrial Avenue 3 at the St. Lucie Airport. Scope of work is as follows: Removal and disposal of old roof system at local scrap processor. Inspection of e~ieting Etn~.cturril membero, purlirm, ear?eatrut~ and brnaing. Replacement of rusted eavestruts in corners at the rear of the building. bnstallation of new 26 gauge Rib-12 Galvalume roof sheets with all new Zac long life fasteners and 7/8" double stick tape sealer. Rake trim to be your choice of colors from supplied color chart. No skylites are included, reuse existing ridge vents if necessary. Maintain clean jobsite, debris collected daily and disposed of. Tnclr~~ieS Permit, all ne~~~ry ins~iranrr, PnginPPr~rt Plans prx !''lif_' 3(11.17 iarith 2Utly supplements and ASCE7-OS pressure criteria. We will maintain a clear safe work zone at all times. Does not include any electrical work, plumbing work, or any unseen conditions. A DIVISION OF TUCKER CONSTRUCTION AND ENGINEERING INC. 3535 LAKE ALFRED ROAD, UPINTER HAVEN, FL 33881 (863) 294-8777 FAX: (863) 294-9484 ,,/2009/TUE 08:44 AM TUCKER CONSTEUCTION FAX No, 863 294 9484 P, 004 COST BREAKDOWN 1. Removal and replacement of roof system $35,880.56 2. Replacement of rusted purlins, eave struts $865.60 3. Permit per St. Lucie Building Departrnent $563.80 4. Signed and sealed Engineering drawings $750.00 5. Land$11 costs N/A 6. Rebate for metal sheets (8,8001bs @ .045cents/lb) ($396.00) Total for this proposal 537,663.40 Thank you, ,~r~1 ~ E~C~-- Mark Attcrson Tucker Construction & Engineering, Inc (863) 287-8775 - Jun 29 09 C" :2p ONSHORE ROOFING SPECIALIS 772-283-1557 p.1 Onshore Rorof~is9 LICENSED AND INSURED CERTIFIED ROOFING CONTRACTOR OFFICER (772)283-1505 FAX~i (772)283-1557 LICENSE#CCC132899 PROPOSAL JUNE ao, zoo9 CLTSTOMER: ST. LUCIE COUNTY INTERNATIONAL AIRPORT JOB NAME: PHOENIX METALS PRODUCTS PROVE :772-462-1732 FAX: 772-462-1718 JOB IlvFO: 3000 INDUSTRL4L AVE 3 BILLING ADDRESS: ST. LUCIE COUP-'I'Y 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 SCOPE OF WORK: • ONSHORE ROOFING TO REMOVE BIOST>aG 22 GA STRUCTURAL ROOF PANALS AAD DISPOSE. • ONSHORE ROOFING TO REMOVE 30' 7" OF P'[JRLINS AT NW END TO CENTER MAD~i SiJPPORT AND SW END TO CENTER >bIAiN SUPPORT AND DISPOSE. • ONSHOR ROOFING TO FASTEN 30'T" OF NEW PERL>RS AT NW S$G7ION AND SW SECTION. • ONSHORE ROOFING WILL III3TALL 22 GAUGE STRUCTURAL ROOF PANELS PER MANUFACTIIRE SPECIFICATIONS. • ONSHORE ROOFING W~.L DO DAILY JOB CLEAN-UP. • ANY WORN BEYOND THE SCOPE OF TffiS CORTRACT WILL BE INVOICED AS AlY Q[TRA. (SEE WOOD AND LABOR ADDENDUM A JOB OVERV~W) • A ONE YEAR WORK)i1l1IlSHIP WARRANTY WILL BE FORWARDED UPON FINAL PAYMENT WE WILL SUPPLY ALL LABOR AND MATERIALS FOR THE SUIVI OF---------$67,500.00 PURLIN REPLACEMENT--------------------------------------------------------------$3,000.00 PERMIT FEE: ADDITIONAL ----------------------------------------------------------$500.00 ENGINEERING DRAWING------------------------------------------------------------$1,000.00 TERMS: 1) TI11S PROPOSAL BECOMES 1 CONTRACT UPON S[GN[NG_ SERVICE V~']LL BEGIN {ABET THE SIGNED CONTRACT AND NOTICE OF COMMENCEMENT ARE RECEIVED. 30•x6 DUB UPON COMPLETION OF DRY IN. 40'% DUE TN PROGRESS, AND REMAINING 30'f6IS DUE UPON COMPLETION. ANl' ALTERATION TO THE ABOVE SPECIFICATIONS INVOLVInC EXTRA COSTS WILL BE EXECUTED ONLY UPON WRTITEN ORDERS. AMY CHANCES TO THE AIIOVE PROPOSAL WILL REQUIRE A SIGNEO CHANGE ORDER. ALL DAMAGED WOOD WORK 7HAT IS REPAIRED WII.L BE BILLED AT 10%. DYER TIME AND MATERIALS (SEE WOOD AND LABOR ADDENDUM). ROOFING CONTRACTOR IS NOT RESPONSIBLE FOR DRIVEWAY CRACKS, GUTTER DARtAGE OR DAMAGE DUE TO A IDDDEN CONDITION. IF ANY CLIENT IS IN DEFAULT IN THE PAYMENT OF MONEY DUE UNDER THIS COn"fRACT FOR A PERIOD OF 30 DAYS FEES W11L BE CHARGED AT A RATE OF 1 IR PERCE~-f PER MO\TH Or THE UNPAD) BALANCE'. lF ANY CLIENT IS REFERRED TO AN ATTORNEY FOR COLLECTIONS, CLIENT AGREES TO PAY ALL FEES INCURRED IN TiIE COLLECTION OF THE AI?iOUIhT DUE, PLUS ALL COURT COSTS AND ATTORNEI'•S TEES. WORK WILL Bt SCHEDULED UPON WRITTETT SIGNATURE OF CLIEf•T. ROOFING CONTRACTOR WILL SUPPLY ALL WARRANTIES AND CLOSE OUR PAPERWORK. •TNIS PROPOSAL IS VALID FOR 30 DAYS UPON DATE RECEIVED ACCEPTED BY: AUTHORIZED SIGNATURE DATE PLEASE PRINT FULL NAME ONSHORE ROOFING SPECIALISTS /AUTHORIZED SIGNATURE DATE h ~ ~ ~ ITEM NO. VI-13 DATE: • ~ ~ AGENDA REQUEST REGULAR ~ ~ PUBLIC HEARING ( ) LEG. QUASI~JD ~ ~ CONSENT (X ~ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: , SUBMITTED BY: Airport Diana D. Lev~~~~~J Airport Director SUBJECT: LPA Work Authorization No. 22, Terminal Renovation Design BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140364-4220-562005-094600 (pending BOCC approval) 362-4220-562005-094600 Building -Consulting Engineer PREVIOUS ACTION: April 14, 2009 -Board approval of Resolution No. 09-126 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement • for the terminal renovation design. RECOMMENDATION: Board approval of LPA Group Work Authorization No. 22 to design the terminal renovations and airport office addition for a lump sum amount of $78,288 and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: J~Q APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MP County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) ~ Budget Analyst • Da iel McIntyre ane Go in H~ea~t(h~er Young Patty Marston Purchasing ( ) t~ ERD ( ) Melissa Simberlund (Name) AIRPORT ~ ~ ~ - I ~ . ~ ` ~ ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: July 14, 2009 SUBJECT: LPA Work Authorization No. 22, Terminal Renovation Design ITEM NO. VI-13 Back~tround: At the March 17, 2009 Special Informal Workshop, the Board directed staff to proceed with obtaining a grant for terminal renovations design in anticipation of possible commercial service to the Bahamas. The Florida Department of Transportation (FDOT) provided a grant of $50,000 as a 50% match based on an estimated design cost of $100,000. In April, the Board approved Resolution No. 09-126 accepting the grant and Budget Amendment (BA09-016) establishing the local match of $50,000 from the capital facilities Tourist Development Tax funds. The grant has recently been executed and returned by FDOT and the Budget Resolution No. 09-202 that establishes the funds for this project is Item No. VI-11 on this same agenda. The Scope of Services provided by LPA Group for this project includes design, bid support, and construction administration of terminal renovations to accommodate a 50 passenger aircraft and airport administrative offices. The current airport administration offices will be reconstructed for use as a terminal and the airport offices displaced by this project will be included in the design as an addition. The lump sum fee for these professional services is $78,288. Recommendation Board approval of LPA Group Work Authorization No. 22 to design the terminal renovations and airport office addition for a lump sum amount of $78,288 and authorization for the Chair to sign the document as approved by the County Attorney. ~ _ • WORK AUTHORIZATION NO. 22 CONTRACT C07-04-213 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the _ day of 2009, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and THE LPA GROUP INCORPORATED, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07-04-213) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County International Airport - Terminal Building Renovations and Optional Addition (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04- Page 1 of 3 r 213). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the project schedule, which is made a part of this work authorization and incorporated herein 3. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall be paid hourly and will not exceed a total amount of seventy-eight thousand two hundred eighty-eight and 00/100 dollars (578,288.00.), as further detailed in Exhibit "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the project schedule described in Exhibit "A". c. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 3 t WITNESSES: THE LPA GROUP INCORPORATED BY: Print Name: Title: Page 3 of 3 1 EXIIIBIT A SCOPE OF SERVICES Terminal Building Renovation and Optional Addition St. Lucie County International Airport PROJECT DESCRIPTION St. Lucie County International Airport (SLCIA) desires to make improvements to the Terminal Building. At the request of the COUNTY, TIC LPA GROUP INCORPORATED (LPA) has prepared a Scope of Work and fee estimate that includes both a renovation and addition to the existing terminal building: • Renovation work consists of an approximate 3,600 s.f. Interior Renovation. • Addition work consists of an approximate 1,040 S.F. Addition to the building. The proposed renovation work at the existing building will consist of gutting and renovating the Ticket Lobby, Gates, Restrooms and Offices. The proposed Addition will consist of constructing new Training/Conference Rooms, Work Areas, and Offices. LPA will perform the following Basic Services for this project. Phase 1-inventory send Evaluations Summary of Services: The following services will be performed in Phase 1: 1) General project coordination and formulation. 2) Coordination meeting with SLCIA Staff and Subconsultants. 3) Review of existing drawing records and field investigations. 4) Analyze existing Building Code conditions and requirements. 5) Prepare an Inventory and Evaluations Report. Assumptions: 1) St. Lucie County (the COLIN7Y) and SLCIA will provide all available reports, drawings and other data in their possession in regard to the existing terminal facilities. 2) The inventory process will include two (2) on-site visits for coordination with staff and for inventory activities. Deliverables: Three (3) copies of the "Inventory and Evaluations Report" will be submitted to SLCL4 for review and approval. Page A-1 of A-4 Phase 2 -Preliminary Design Summary of Services: The following services will be performed in Phase 2: 1) THE LPA GROUP INCORPORATED (LPA) shall review with SLCIA preliminary approaches to the design and construction of the Project. 2) Based on the mutually agreed upon prograrr~ schedule and construction budget requirements, LPA shall prepaze, for approval by SLCIA, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 3) LPA shall submit to SLCIA a preliminary estimate of probable Construction Cost based on defined areas of work. Deliverables: Three (3) copies of the Preliminary Design Drawings will be submitted to SLCIA for review and approval. Phase 3 -Design Developmtnt Summary ofServices: The following services will be performed in Phase 3: 1) Based on the approved Preliminary Design Documents and any adjustments authorized by SLCIA in the program, schedule or construction budget, LPA shall prepare, for approval by SLCIA, Design Development Docurrients consisting of drawings and other documents to fix and describe the size and character of the Project as to azchitectural, mechanical, plumbing, and electrical systems, materials and such other elements as may be appropriate. 2) Preliminary Construction Phasing /Safety /and Staging Plan and Construction Schedule. 3) LPA shall advise SLCIA of any adjustments to the preliminary estimate of Construction Cost or of the Project Schedule. Deliverables (Phase 3): Copies of the Design Development Drawings and Estimates will be submitted to SLCL4 for review and approval. Page A-2 of A-4 Phase 4 -Construction Documents Summary of Services: The following services will be performed in Phase 4: 1) Based on the approved Design Development Documents and any fiu-ther adjustments in the scope or quality of the Project or in the construction budget authorized by SLCIA, LPA shall prepare, for approval by SLCIA, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2) LPA shall assist SLCIA in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between St. Lucie County and the Contractor. 3) LPA shall advise SLCIA of any adjustments to previous preliminary estimates of Construction Cost(s) indicated by changes in requirements or general market conditions. 4) LPA shall assist SLCIA in connection with the COUN'I'Y's responsibility for filing documents required for ~e approval of governmental authorities having jurisdiction over the Project Deliverables (Phase 4A): Three (3) copies of the 90'~ Plans and Specifications will be submitted to SLCIA for review and approval. Upon receiving the 90% comments, LPA will proceed with the development of 100% Documents. Final Signed and Sealed Contract Documents will be delivered to SLCIA for Bidding. Permit Applications and documents will be submitted for approval. Deliverables (Phase 4B): Final Contract Documents (signed and sealed) will be prepared. Final Construction Plans and Specifications in reproducible format will also be submitted to the SLCIA Phase S-Bidding and Award of Contrail LPA will provide bidding phase services in accordance wig the General Scope of Services (Section 3. Contract Documents, B. Consultant Qualifications, Section 1. Scope of Services to Contract for Consulting/Professional Services dated April 3, 2007) and as shown in the attached Exhibit B, Man Hour and Fee Estimate. Page A-3 of A-4 Phone 6 - Construcxion Administration Service LPA will provide construction administration services in accordance with the General Scope of Services (Section 3. Contract Documents, B. Consultant Qualifications, Section 1. Scope of Services to Contract for Consulting/Professional Services dated April 3, 2007) and as shown in the attached Exlribit B, Man Hour and Fee Estimate. Other Provisions a) SLCIA will provide to LPA and its SUBCONSULTANTS access to the site and all available information pertinent to this project. SLCIA will also provide to LPA all criteria and requirements, including all design and construction standards, which SLCIA will require to be included in the Drawings and Specifications. b) SLCIA will provide access to pertinent information regarding airport property, boundary, easement, right-of--way and other information necessary for the design and permitting of the project. Page A-4 of A-4 ExMhit B : Haa and Fee Estlmale _ 5T. LUCIE COUNTY INTERNATIONAL AIRPORT ' Termlml Butidl Renovation and Addibn ttedfak Daaipbm a ~ ~ to ~ i W , La ~ Tad 2lpy Rate 5201.00 S2D1.OD 5177.00 5771.00 5144.OD 5120.00 5108.00 58200 576.00 i - and Entaamon 1UX General coo~dbwtionandtomrdation 2 4 8 a win Owner 2 2 4 Review of Existing Drowings and Pedottn Field Verlfiwtions 6 8 14 yze edsting CoOe requnnneras and 2 4 feting ions 2 Pro rc an IrrverRO and Evaluations R 1 2 1 4 Qual' Review Pnsael-h andEvahwtlan f0% Hours 0 0 f3 0 0 0 td 0 / 32 Phase 1- h and EvalueUnn fOX Fee m m d2,z23 dD >0 dD df,dee m S76 !4.213 Ptwat 2- Review wihOwnsr 3 5 8 Ceordi~ation vridi MIEIP/FP orb 2 5 7 rc ProWnirn eax 3 24 27 Proparc PfOjeCt Schedule /Status 1 t Prel'snim Cost Estimates 1 1 Iffy Review 3 3 8 Pfxase2_ Horse 0 0 t3 0 0 0 37 0 0 60 Prises 2- Phsdm Fee >b t0 l1,7S3 30 m d0 i3Add to dD td,2/9 Pn... a- Revbw wih Owner 3 5 8 with t11IFIP/FP Sutiooreiuiar6 2 9 11 re DD DocumerdslPreim S 4 48 6 58 Update Project Schedule / ShaWs 1 1 2 U Coat Estimates 1 1 2 liy Review 2 8 10 PAase 3- DevelopraerR (Jb% Homs 0 0 13 0 0 0 72 0 B 97 Priase 3- n Deveb Fie m SO S?.?Z3 i0 l0 i0 !7,776 3~0 Seb6 t10Ab5 Pfysai-Cwsrtrudlop0omanatda 1!00X_. Review wBh Owner 10 70 20 Coord'eiate with tiUFlP/FP Suticonwltants 2 12 14 Prepare COrxrtiuction Documergs and 10 104 56 12 782 Update Schedule lSalus 1 t 2 Fireize Coat Estimate 1 2 3 FrmlOua Review 3 10 8 3 24 Sulxnit Final Documer~tion 1 4 2 7 Priase!- ConsOveOon Doasnents (d0% 6100%) 0 0 28 0 D 0 f(9 84 17 252 Priate 4 - Cans6uc0on Doeunxntr (d0% d 100% t0 JO i67d8 JO t0 i0 S1 b,U4 ib,Y18 11,292 528,77Y 7!7/1009 Page &1 d 2 Terminal Bulldin0 Renovatbn and AddBfan ` ~ ' ~ ` .s Q $ ~ ~ gs~ ~ f kerJt"sek Daeipfion a a ~ ~ ~ ~ ~ ~ w , ~ ~ ~ ~ F= v Tale) 2008 Rab S?D1.OD 5201.00 5171.00 5171.00 5744.00 5120.00 5108.00 582.00 576.00 and Aysrd of Csrf(saat ~is+ owrror wkh w' a Coorderab Aarer~emerR t 1 z Pre~Bid Corderenoe 4 4 Answers to Addenda Questions (to Owner 1 ~ Review Bids for Responsiveness 1 1 Certified Bid Tabs0\ward ContraU 1 1 Prepare Contornred Docs 1 2 3 Phwe and Awsrtf ofOOMraet Boras 0 0 8 0 0 0 Y 0 1 1Y PMRC and Awamd of Contract Fee JO SO 11.636 fp ,fiD SO t2fe f0 t78 51,831 _ _ 6-CprttrtKlbnAdmFnMetatlen General Coordination wkh the Owner 6 6 5 17 General Coordination wkh the Corrtraetix 8 8 3 19 Pre-Canatruction Corferenx 4 4 8 (6) Site Ysil 12 12 24 Irrleryretations and Clartiirations 3 12 1 16 Review Shop Drawl bmilfals 3 12 2 17 Review Pay Applications 3 4 7 Frrd IrspxtioN Punch List i6ens 5 6 11 Review! Submk Recrord Drawings 1 3 4 Review CorNacLoYs Cbseout Documents 3 3 Phase 8- Corratrrre0orr ArbrrMikba0on Hours 0 0 48 0 0 0 B3 0 /5 126 Phase 6- Cdrs67reflon AdmlNstrdion Fee m m S8.Y08 m SO >b t6,80t ,pD 51,140 t18,15Y Lahor Tamb Total FstlrrradW Flours: 0 0 124 0 0 O 665 6< 40 663 Toth F3Umeted Labor Costs: t0 SO SYf,YOt m m m 538180 SSyt/8 OW 566,67200 Subeornuttaras Bober Asaxiates Corsu " E ,Inc. - MedanicaYB EFectiicaUPlumbi E 'n9 56,260.00 Bowen Engineed Corporation BEC) -Structural En inee ' 53,500,00 ' hie tFee $976.D0 -Told Prafsasbrld Feat 576,408.00 r I Lump Sum Expenses 51 880.00 TAL LUMP SUM AMOUNT: 676,268.00 7nrzoos Page B-z rn z EXIIIBIT C PROJECT SCHEDULE Terminal Building Renovation and Optional Addition St. Lucie County International Airport TOTAL CONTRACT T1ME: 320 Calendar Days Inclusive of Owner review/decision periods. DUxw'riON Task (DAYS) Due Date Notice-to-Proceed Phase 1: Inventory and 15 Evaluations Phase 2: Schematic Design/Design 20 Development Client 5 Review Phase 3: Design Development 20 Client 5 Review Phase 4: Construction Documents 45 Phase 5: Bidding and Award of 30 Contract Phase 6: Construction 180 Administration Total Days 320 Page C-1 of C-1 ITEM NO. VI-J r _ ~ 4 ' ^ DATE: 7114109 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( j CONSENT (X ) TO: BOARD OF COUNT1( COMMISSIONERS PRESENTED BY: - Leo J. Cordeiro SUBMITTED BY: Solid Waste Department Solid Waste Director SUBJECT: Award Bid #09-048 -Transportation and disposal of Landfill leachate BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-534000-300 Contracted Services PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of bid award to low bidder, Aqua Clean Environmental Co., Inc., and authorization for the Chair to sign contract documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Dan McIntyre _ Ma ie Gouin Tabllonna Johnson Purchasing ( ) ( ) Meli sa imberlund (Name) Department Name MEMORANDUM TO: Board of County Commissioners FROM: Leo J. Cordeiro Solid Waste Director DATE: July 14, 2009 SUBJECT: Award Bid #09-048 Transportation and disposal of Landfill leachate ITEM NO. VI-J Background: On October 28, 2008, the Board approved a contract with Cliff Berry Incorporated (CBI) for the transportation and disposal of Landfill leachate. In December, 2008, CBI was convicted of two counts of grand theft and two counts of fraud in Dade County, and on March 5, 2009, CBI was placed on the Excluded Parties List System excluding them from receiving federal contracts. St. Lucie County ceased using them for the transportation and disposal of Landfill leachate. On May 31, 2009, St. Lucie County advertised for Bid #09-048 for the transportation and disposal of Landfill leachate. 428 companies were notified, 27 bid documents were distributed and 6 bids were received. On June 24, 2009 the bids were opened with Aqua Clean Environmental Company, Inc. providing the low bid. (Bid tabulation sheet attached.) Previous Action October 28, 2008 -Board approved contract with CBI. May 26, 2009 -Board approved cancelling contract with CBI. May 31, 2009 -Board approved advertising Bid 09-048. Recommendation Board approval of bid award to low bidder, Aqua Clean Environmental Co., Inc., and authorization for the Chair to sign contract documents as approved by the County Attorney. Attachment A BOARD OF COUNTY ~ PURCHASING COMMISSIONERS ' ' DEPARTMENT TABULATION SHEET -BID #09-048 TRANSPORTATION AND DISPOSAL OF LANDFILL LEACHATE OPENED: JUNE 24, 2009 AT 2:30 PM Six (6) submittals were received for subject proposal: Total Bid Price Accurate Se tic Services Inc. 4120 Selvitz Rd., Fort Pierce, FL 34981 $198.00 /1,000 Gallons Tel: 772-489-4411 Fax: 772-489-7778 A ua Clean Environmental Com an Inc. 3210 Whitten Road, Lakeland, FL 33811 $130.00/1,000 Gallons Tel: 800-644-0665 Fax: 863-646-1880 Delta Pioneer Inc. 3629 Mineola Dr., Sarasota, FL 34239 $ 164.90 /1,000 Gallons Tel: 941-359-2721 Fax: 518-492-9744 Ever lades Waste Removal Services LLC 700 SE 32 nd. Court, Ft. Lauderdale, FL 33316 $ 150.00 /1,000 Gallons Tel: 954-527-9939 Fax: 954-764-4569 Raider Environmental Services Inc. 4103 NW 132 nd. Street, OPA-LOCI<A, FL 33054 $190.00 /1,000 Gallons Tel: 305-994-9949 Fax: 305-681-6175 T. Wa ne Hill Truckin Inc. 595 West Summerlin Street, Bartow, FL 33830 $190.00 /1,000 Gallon Tel: 863-519-6677 Fax: 863-519-6686 Number of companies notified*: 428 Number of bid documents distributed*: 27 Number of bids received: g *per demandstar.com CHRIS DZADOVSKY, District No.1 ~ DOUG COWARD, District No. 2 ~ PAULA A. LEWIS, District No. 3 ~ CHARLES GRANDE, District No. 4 ~ CHRIS CRAFT, District No. 5 County Administrator- FAYE W. OUTLAW, MPA 2300 Virginia Avenue -Fort Pierce, FL 34982-5652 -Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-lucie.fl.us 1 ITEM NO. VI-K ~ ~i ~ ~ ' DATE: 07/14/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Susan B. Kilmer SUBMITTED BY: LIBRARY Library Director SUBJECT: St. Lucie West Library annual payment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 105.7115.534000.7950 Other Contracted Services 001.7110.534000.7950 Other Contracted Services PREVIOUS ACTION: January 1995 - BOCC approval of contract #C95-08-592 for joint funding with Indian River State College for St. Lucie West Library. RECOMMENDATION: Board approval of annual payment of $150,197 for Contacted Services to Indian River State College for library services at St. Lucie West Library for 2008/09. COMMISSION ACTION: CONCURRENCE: (fj APPROVED ( ) DENIED _ ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator r~, / CoordinationlSignatures County Attorney ( x) a f/ OMB Director (x) '/y~ L.~ 3 Budget Analyst ' I' ~ Daniel McIntyre Mari Go in Patricia Marston-Duva Originating Dept. ( x) ~ ERD ( ) Susan B. Kilmer (Name) LIBRARY ~ MEMORANDUM TO: Board of County Commissioners FROM: Library Director, Susan B. Kilmer DATE: July 14, 2009 SUBJECT: St. Lucie West Library annual payment ITEM NO. VI-K Background: The Board of County Commissioners entered into an interlocal agreement (C95-0&592) with IRSC in 1995 to provide library services in a limited branch capacity on the St. Lucie West Campus of IRSC. The St. Lucie West Library is available to students from Indian River State College and Florida Atlantic University as well as the general public. Recommendation Board approval of annual payment of $150,197 to Indian River State College for library services at St. Lucie West Library. t St. Lucie West Library Budget 2008-2009 Projected Actual Salaries & Benefits $161,768 $150,197 Books* 29,514 29,514 Subscriptions* 5,000 5,000 Landmark Audio-Books* 1,800 1,800 Audio-visual* 2,000 2,500 Postage* 75 75 Communications* 6,591 3,091 Other (supplies, utilities, etc) 18,897 0 $225,645 $192,177 Funding for St. Lucie West Library Projected Actual State Aid to Libraries grant funds $160,645 $127,177 County General Revenue funds 65,000 65,000 Items marked with an aesterik are paid by the Library for St. Lucie West, remaining items are paid directly to Indian River State College. ITEM NO. VI - L _ - _ _ J------ _ ~ DATE: 07/14/09 • • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Laurie Waldie SUBMITTED BY: Utilities Department Utility Director SUBJECT: St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2007/2008. BACKGROUND: In 2004 the Board of County Commissioners adopted Ordinance No. 04-023 creating the St. Lucie County Water and Sewer District ("District"). A requirement of the District, under Section 153.75, Florida Statutes, is preparation, acceptance and filing of a comprehensive annual report of the District Utility system. Attached is the Annual Comprehensive Report of the District for Fiscal Year 2007/2008. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board of County Commissioners' adoption of Ordinances 04-023 creating the St. Lucie Water and Sewer District and approval of Resolution 08-140 adopting the FY 2006/2007 report. RECOMMENDATION: Staff recommends the Board approve the adoption of Resolution No. 09-152 ratifying and accepting the Fiscal Year 2007/2008 St. Lucie County Water and Sewer District Annual Comprehensive Report. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER - _ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director ( ) Budget Analyst ~1~;r,,~~l~S;f~C~J~'~' Originating Dept. (X) ~ ERD ( ) curie Waldie Utility Department _ _ • _ MEMORANDUM TO: Board of County Commissioners FROM: Laurie Waldie, Utility Director DATE: July 14, 2009 SUBJECT: St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2007/2008. ITEM NO. VI - L Background: In 2004 the Board of County Commissioners adopted Ordinance No. 04-023 creating the St. Lucie County Water and Sewer District ("District"). A requirement of the District, under Section 153.75, Florida Statutes, is preparation, acceptance and filing of a comprehensive annual report of the District Utility system. The Utility Financial Statements are not available until April and the Utility field review was completed in June. While this comprehensive annual report is being presented for acceptance about a month later than last year, the report is filed pursuant to Florida Statutes which requires filing at least once a year. Attached is the Annual Comprehensive Report of the District for Fiscal Year 2007/2008. Recommendation Staff recommends the Board approve the adoption of Resolution No. 09-152 ratifying and accepting the Fiscal Year 2007/2008 St. Lucie County Water and Sewer District Annual Comprehensive Report. RESOLUTION NO. 09-152 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, ACTING FOR ITSELF AND AS THE COMMISSION FOR THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; RATIFYING AND ACCEPTING THE ANNUAL COMPREHENSIVE REPORT OF THE DISTRICT FOR FISCAL YEAR 2007/2008; DIRECTING THE FILING OF SAID REPORTS WITH THE DISTRICT CLERK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the County Commission created the St. Lucie County Water and Sewer District ("District"); and WHEREAS, pursuant to Section 153.75, Florida Statutes, the District Board is required to cause to be prepared a comprehensive annual report of the District utility systems ("Annual Report"); and WHEREAS, the County, sitting as the District Commission, caused an annual report for the District for fiscal year 2007/2008 to be prepared and included said annual report as a component part of the County's Comprehensive Annual Financial Report filed with the State for fiscal year 2007/2008; and WHEREAS, by this Resolution, the County, sitting as the District Commission, intends to ratify and formalize delivery of the District Annual Report for fiscal year 2007/2008 from the District Commission to the County. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County ,Florida, acting for itself and as the Commission for the District: Section 1. ACCEPTANCE OF ANNUAL REPORT. The District Board hereby ratifies and delivers the Annual Report for fiscal year 2007/2008, copy of which is attached to this Resolution, directs District staff to file such Annual Report with the County Clerk, acting for and on behalf of the District as the District Clerk, and the County ratifies and affirms acceptance of said Annual Report from the District. Section 2. EFFECTIVE DATE. This Resolution shall become effective upon adoption. Section 3. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX PASSED AND DULY ENACTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney aoARD of - r.~.~,, COU NTY • _ UTILITIES COMMISSIONERS ~ ~ ~ DEPARTMENT July 14, 2009 Board of County Commissioners St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear County Commissioners: Please find attached the St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2007/2008. This report provides a status of activities, including financial, for the Utilities. Included in this report: 1. Information regarding the Utility System, including the Utilities 2007/2008 accomplishments, Service Area map, organizational chart and 2007/2008 Fiscal Year Budget (pages 2-6). 2. The approved Utility rates, fees and charges as of September 30, 2008 (page 8). 3. Evaluation results of the physical inspection by St. Lucie County Utility Staff and Severn Trent Environmental Services, Inc. are shown in the Summary of Inspection and Assessment tables: Table 1-1 North County (Holiday Pines) Wastewater Treatment Facility; Table 1-2 North County (Holiday Pines) Water Treatment Plant; Table 1-3 North Hutchinson Island Wastewater Treatment Facility; Table 1-4 Lakewood Park Wastewater Treatment Facility; Table 1-S Lakewood Park Water Treatment Plant. Note: The Utility has addressed, or is in the process of addressing, the proposed corrective maintenance (pages 10-19). 4. Sections from the St. Lucie County, Florida Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2008 pertaining to the Utility District (pages 18-30). The St. Lucie County Water and Sewer District is a Utility that is run and reported as an Enterprise Fund, or business-type entity. The rates, fees and charges are adopted to cover the cost of doing business, including any outstanding debt payments. The Utility coordinates with developers through the Standard Developer's Agreement to determine their water and wastewater needs and provides the means for the developer to turn that infrastructure over to the Utility; in this way, growth is expected to pay for growth. The Utility staff strives daily to provide quality service to their customers in the most efficient, effective and economical manner. As always, please call me at 462-1175 if you have any questions. Respectfully submitted, Laurie Waldie Utility Director CHRIS DZAGOVSKY Durricr No- 1 DOUG COWARD, G =-n-r No- 2 PAUL"i A LEU.'IS C~snicr No_ : NAGLE CR;,P.'DE L ~~ria- .da CHf ~R.^-.F _ _ 2300 Virginia Avenue Fcrr Pierce, FL 34982 Phone (772) 462-1150 FAX (772j 462-1153 ~rreb sire: www.stlucieco.go~~~ ~ f: y` . _ ! • w - ~ y~.I T t _ wi ~ w: t,#r R ~ `~o .~c ~~r x _ ~ ~ f . . . l y.. _ 3:.. i .p E " r My,~~ h { ~ _ r ~n i ~ ~ : . . i~~ r F F.' cai' • " , / yy,..aa+'~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r) ~ ~,t r ' w . , ~ i ,r 1 ~~r, . r' , , ,r..?!rr! iiin ~ ,Pr • ; ..t.. ACCOMPLISHMENTS ? Increased customer ri St. Lucie County connections in the Utili Service Area. ~ o.. ? Indian River Estates began water service in June 2008. History ? Updated the Utility website. St. Lucie County Utilities was organized in 1994 and as a District in 2004. St. Lucie County Utilities established water and wastewater utility service areas ? Recognized April as Water < on North and South Hutchinson Island and in the Mainland North County Conservation Month in areas. conjunction with SFWMD. On North Hutchinson Island, the Utility provides potable water through a ? Adopted the I 0-Year Water master metered interconnect with Fort Pierce Utilities Authority. The Supply Facilities Work Plan & Utility owns, and operates, the North Hutchinson Island Wastewater updated the St. Lucie Treatment Plant which provides reuse irrigation water on the island. County Comprehensive Plan In the North County Utility Area, the Utility owns and operates the Holiday by amending the Future Land Pines Water Treatment Facility and Wastewater Treatment Plant. These I Use Element, the Potable ,facilities were acquired by the Utility from the Holiday Pines Service I Water Sub-Element, the Corporation in 1999. St. Lucie County Utilities also owns and operates Sanitary Sewer Sub-Element, the H.E.W. (Sampson Subdivision in Lakewood Park) Water Facility and the Conservation Element, Wastewater Treatment Plant. the Intergovernmental Coor- dination Element, & the St. Lucie County Utilities serves the South Hutchinson Island District for Capital Improvements Ele- wastewater and reuse, with the service area extending from the Fort Pierce ment. Received Department city limits south to the St. Lucie/Martin County line. The Utility owns, and of Community Affairs ap- operates, the South Hutchinson Island Water Reclamation Facility which pro- proval as well. vides reuse irrigation water on the island. St. Lucie County Utilities strives to bestow quality service and expertise to ? Continue to replace regular `our customers. Our customer service personnel answers call proficiently water meters with Auto- during business hours and we have an after hours service to handle emer- matic Meter Reading (AMR) gency calls. radio read meters. The j AMRs allow for quicker Community Involvement meter reading of the water system usage, and the AMR St. Lucie County Utility Department employees continue to support our system will help the Utility community by contributing to various organizations and have participated I detect possible leaks in a and/or organized food drives, books and school supplies for the children and customer's plumbing. This supported the Adopt a Family program. helps conservation efforts ~'~3''' 4 with reduced water loss and , ~ minimizes large customer ~ ~ , :A and non-use utility bills. ~ , ~ ' „ . ~ I > .......J 2 tq t~ a Q~ ~ v ~ r Z Q .S f~ ~ Q Q W` 3 Q ry W N ~ ~ m 4 ~ O U ~ U z ~ ~ f; U ~ U Z ~ 2 t ~ ~ ~ •r Q 7 C ~ \5 N ~ f0 `J ~ J ~ O N ~ ii/'~ ~ ~/J/J~ 2 d ~ i r a* ~ ~ i a~ ~ , / / / t - / a ~ ~ ~ ~ , mss. . / / ~ i/' ~ i / ~ .sH 3 oa .yMu.p % . ~i awe w~i rs u~i j'~ , i , F e _ / ~ i/ / / PN~, M / / 4 H afiu~ ~ / ~ "e~ i / c ~ ~ .g i . ////~J /A~ ~ ~ . i / ~ _ / i / 'ij a s . .(~unop aagoy~aaxp ST. LUCIE COUNTY WATER & SEWER DISTRICT FISCAL YEAR 2007-2008 COUNTY ADNID~iISTRATOR UTILITIES SERVICES DIIZECTOR EXECUTIVE ASSISTANT ASSISTANT UTILITIES SERVICES DIRECTOR UTILITIES SERVICES MANAGER EXECUTIVE UTILITY BILLING UTILITIES ASSISTANT SUPERVISOR PROD. MANAGER (2) CUSTOMER SERVICE SPECIALIST III SEVERN-TRENT CONTRACT OPERATIONS CUSTOMER SERVICE SPECIALIST I NORTH HUTCHINSON SOUTH HUTCHINSON WWTP WWTP NORTH COUNTY AIRPORT WTP & WWTP WTP & WWTP H.E.W. FAIRWIND S WTP & WWTP WWTP 4 DEPARTMENT: ST. LUCIE COUNTY WATER & SEWER DISTRICT DIVISION: UTILITIES 2004-2005 2005-2006 2006-2007 5 YEAR 2007-2008 ACTUAL ACTUAL BUDGET FY OS BUD ET CIiANGE REVENUES: Genera] Fund 15,820 72,940 65,250 65,250 91,550 40.3% Capital Projects Funds 127,994 831 51,737 0 51,737 0.0% Enterprise Funds 6,382,951 7,711,173 14,518,513 12,217,432 18,627,015 28.3% Fuudiag Source Total: 6,526,765 7,784,944 14,635,500 12,282,682 18,770,302 28.3% APPROPRIATIONS: Personnel 466,420 561,772 626,735 586,140 693,770 10.7% Operating Expenses 5,224,544 5,870,741 5,394,664 5,195,912 5,955,391 10.4% Capital Plan 127,994 831 3,849,397 330,000 5,832,496 51.5% Capital-Other 0 0 67,730 57,510 44,000 -35.0% Debt Service 663,586 1,154,796 1,377,726 1,340,162 1,340,162 -2.7% Other Uses 44,222 196,804 3,319,248 4,772,958 4,904,483 47.8% Ex ease Total: 6,526,765 7,784,944 14,635,500 12,282,682 18,770,302 28.3% FTE POSITIONS: 9.33 10.33 1033 10.33 10.00 Mission: St. Lucie County Utilities strives to provide it's customers with the highest quality product, water, wastewater and reuse, at the lowest possible wst with uncompromising customer service. FUNCTION: The Utility Department provides water, wastewater and reuse service to customers within the unincorporated azeas of St Lucie County, which includes 27 miles of water transmission lines and 55 miles of wastewater lines and also include 4 Wastewater and 2 Water Treatment Plants. The service provided is accomplished in a cost efficient manner to maintain reasonable rates for our customers in a manner that does not compromise the quality of the product delivered or the service rendered. The Utilities Department works diligently with the residents of the County to plan, implement and provide the desired utility service. The Utility Department assists other County Departments with utility planning, and utility related questions and problem solving. 2007-2008 GOALS & OBJECTIVES: 1 Expansion of North County and Central County Utility 4 Provide the capability for "check by phone" payments. Infrasttuctwe. 2 Upgrade the Meter Reading System. 5 Provide for Web based customer account access and payments online. 3 Connect 1500 new Water/Wastewater customers. Source: St. Lucie Couaty Fiscal Year 2007-2008 Final Budget * Please not that the budgeted revenue and expenses includes all utility funds (i.e., South Hutchinson Island Wastewater District) and not just the Water & Sewer District 5 St. Lucie County Water & Sewer District Operating Indicators by Function/Programl Last Three Fiscal Years Function/Program 2006 2007 2008 Customer Base 5,440 5,473 5,952 Average calls per Month 900 800 1,020 Gallons of Wastewater Treated 111,087,000 146,077,000 136,331,000 Water Consumption2 273,274,000 260,500,000 269,218,000 Reuse Produced 75,163,000 75,679,000 54,461,000 Gallons of Water Treated 57,255,000 48,800,000 42,931,000 i t Purchased Water3 324,286,000 271,323,000 228,316,000 c ' Does not include information on the South Hutchinson Island Wastewater District. 2 The water consumption decreases from FY 2006 to FY 2008 reflects conservation efforts. The slight increase in water consumption for FY 2008 reflects the Indian River Estates water distribution system coming online and the customers starting to connect. s St. Lucie County purchases water through its bulk agreement with the Fort Pierce Utilities Authority. s - ~ e _ ~ z.,,... _ District Rates at September 30, 2008 4 - _ _ - ~ - ~ ~`,i 7 - 3 c ~ m r c°+; Fri, a w o 0 o n¢ ¢ ¢ ¢ ¢ a m u°i 1°. o m N aD O ~ ~ Z W m V7 tD ~ - Z Z Z Z Z ~ fi ~ m N ~ N O n y ~ N _ y - W ~ ~ N n ~ ~ O W O m ~ N'~ ~ r vOi N ~ ~ ^YW W ¢ V eo PI n N O N Q M O n y_ ~ ~ T 1A LLD O _y;. G.1 7 n U_. ~ n a., J y 0] U o° U :-W ~ ~ a Q e¢p V N y W d y Q N ~ C7 N F- o tq ~ ai b- o m w o a y .af °o a w m F ~ ~ a ~ o ~ o LL p m a a w r w x n w~ O ~ y o g ~ ~ a' w O H~~ 00 3 ~ c ~ ~ LL a w a z w f ~ Y a m r ~ tW7 = w p ~ m 5 <; W ~ y w; O~ ~ Q U U U U U U W J C7 < y T.~ w O> ~T W U ~ U W W W W W W j ~ U' 0o Z W 2r r `v io m ~ LL U J W N t+1 < ° o O a ¢ ~ D~ a J W w w p LL ~ ' U = In O O S LL f O O w w w fl~ J ¢ U o o y Z G W W< < x < z cii V%¢ w O ~ ~ U ~O~ O = .0.';v a y v s U K ~ m ~ H O H F C9 LL ~ U z C Z Q .~w yo W a x O ~ ~ O R ,T~y OZ H d. ...j U W U m y~ m~ .~'-p ~ < xxU S ~ 7 3 W H N U W M M ~ ami. Q °m ¢ - w m m m Q Q ' w c o W m° m m ¢ w ¢ Q Q ¢ Q¢¢¢ a y w n n ~ n Z ~ iri ici ~ ~ w ~ vi Z Z ~ w N n n o w ri iri ~ 2~ Z z Z 'ii!"7 Z Z Z z Z w ~ ~ ~ ~ '-J 0 ~ C O O O O Q' t..:~ Q' O m ~ K O N N N ~ ~ ~ O O O p ~ W ~ ~ h cn u~ W m O ~n '!=T W (o O in ~n c W m m m N W O o N n W ° O O in m n h m~ (n~ ~ 3 r ~ e N N 3 ~ ~ ~ u~ ~ N ~ unS r r c ~ v m rNi ~ 3 oWi ~ r N 3 uni ii ~ r ~ v rn~ iti W V ~ m ~ W r ..wy ? F' Yi ~ F K 1-~ ltt' J~ o~ ~ z w z y D J o F- y c m .D: ~ ~ n F E H J D -~1 J O W TiSt a `m a ~ .,l`ii a Z `m p YY- K a m~ t~ , y a m ~W a m~ n 0 ~ O w a acq:~ W C7 W n :.7. O O W nC`€t (7 Z~~~ W o y c70a a a y O w a x ° o W w °o O w o O~~ C ~ ~ y Z W o m Q y ~ Q pR' °o ~ d ° y Z Q ~ 2' w or y Z ¢ 2p' r 0 U W ~~ya~ W ¢ K Z ~ O Q °o Z J O = ~ RK: W K Z ~ ? _ Q- U K Z ~ p ¢ 9 R U y ~ d = W O J m J Z C7 W O J Z W O J Z W w i U a J ¢ m W H ~ ~ ¢ ¢ V d' a J ¢ ¢ V t'~' Q a J ¢ Q U y > fir., W iv ~ w J U. ¢ ~ .0~-i, > Z J C7 y F- m ~ ¢ U U U U W J U' ~ ~ ~ t~ ~ z ¢ o ' O. x x z a z~~ x z z x¢ ¢ y~~> w¢ o y z ~/1 w W_ O v ~ a ~ ~ N ~ ~ c~ g z n z. ~ x a c~ $ zo ~ o U w w w w ~ c~ o° z ~ °a z o o° z ~ r `v ~ ~o ~ Z w p o o ¢ a ~ w o J O m '~y N co a a o 0 0 0 o a ° ° OJ O ~ a U U S N ~ V J W W °v O J m C' LL U O d ~ ~ ¢ U V R'~ L ~ = 1n ~ J U O S N ~ J U r y U r ~ o mc uD , ~ ~ U n ~ ¢ U' o U n ~ ¢ U_ r3 S O w RQ F ¢ Z O N ; .G3 ~ a O O ~ ¢ m U Z O O ~ ¢ N Z O ~ ¢ .Z' Z J J Wj W O ~ y'iL'{ F_ V h^ W m W. n o0 W .lU. n p W O U ~ ~ z ~ y ,P w F ~ a ~ t- 2 ~ W y O 2 :may w ~ y p m N 7 y O N ~ p ~ w ~ v v p.. v ~ ~ ~l' 5 U U s' _ 1L_ s _ W M M ~ M ¢ W N N ¢ ~ w ~ N N ¢ ¢ ~ w ~ COD. N ~ w N N N ¢ - W ¢ Q ¢ ¢ ~ ¢ Q ¢ ¢ ¢ W fV N N ` Z W h In Z ~ W r ~ ~ Z Z ~ m ~ ~ ~ W ~ 1n h Z - ~ Z Z Z Z Wa Z Z Z Z y y~ y y y y y ~ s~ ° r v v° uD w m ~ ~n W n m n n n c W ~ o u~i, o W m ~ ~ va W M m ~ o .:,mfg ~ n m o j n O f- N m O~ F m N O~ ~ O 3 F F- N O O~ O t F- O O O~ O . 3~ N CO y df 3 O N < r N j ~ O n ,n.~ j ~O V 1n n fV O J~ ~ N O 1~ j ~ O n N~ j O h u) (V nnnylllL ~ R O'~i 1A 1n Z n~ J~S W F K w ° ~ w j e y~ ~ ~k - s Z W _ T m "Zs ~ w - m TO W O O y y D O F y ~ m~ J D '~y ~ J ~ -Q: J S. m ~X~-.~ w n~ amo ~3 Q O w n o W ta7 W ° ;`a O Ca9 W ~ ~ J 4 ~ w T3 ~ ~ c y o° < < y m CW7 c < w y m U: H~ ~ y m O W = a y~ x y z w o =x'~ m c~ y z a x o V a y Z a~ Z w y ~ a~ S W F. W ¢ y Z O > ~F! ° Z O O a ° ~ W K Z ~ p ¢ - U K Z J p K ~ m a = w 0 ~ 0 .a -cG~ o o J Z x a, c7 w O J z= .0,. W O J z~ w ~ w A° ° d J¢ a =e 'O' ~ o a a U m ~ a J a a° Q a J¢ a v~ a Z> `2_; Uw' 'a n w < C7 O o ~ ? c a (7 y Z ~ fT S C K C K W Q C7 y 2 > W < U y Z W Z O Z W W W W U' C7 ° Z -R~_: ? C7 O O Z N< io m U' d' U S t~ N O ~ O O Z o. c~ y S w C7 ° O O ~ U K ° O O ¢ C ° p p ( C = O a o o ¢ m w 4 o n J O a N o~ a a o o J O ~ o a ° ° J O a {QL LL U ° ~ Y Z d CJ ° O ¢ U F S ~ r J U O S Y°1 r J U 2 w a `Z= U U U n ~ ° m w o a° ~ ~ a n o a, d, d u n ~ co a'~ ~ W ~ ~ ~ Z o ~ ~ m .1}s ~ a o ~ x m = < Z ° ° x N o ° ~i ~ Z' Z C' J O n 2 0 3m O n o W n o W O' O p f W y F' F U n n W W ~ o ~ ~lW-. ~ ~p ~ F" x ;W- a O a 7a O Z ° O y ~ ~ O ~ ~ O t~s ~ y W W O t2 ~ O y m ¢ p t~i7 7 y O ~ ' a v i s a ~ ~ Z m Z v i v O' z Z w: . U uLL. - . _ _ xY .~r,._ F System Inspection Information 9 a N ~ Y ~ C ~ ~ Q C ~ d N w VI ~ R ~ ~ av+ al fp f0 L ~ 7 ~ a ~ Y ~ ~ ~ ~ v N ~ N ~ ~ ~ 7 y t ~ it LL C Y C 41 C C > ~ ~ '-I rl rl rl r-1 rl rl r-1 rl a--I r-1 N '-I ~ w f0 V f0 C Q - W ~ ~ r- ~ ~ t0 d C y a N Q N E v H ~ L ~ Q r ~ aai a H ~ N ~ ~ N 'y ~ Vl 'a ~ O` O ~ O ` F- u L Q L r. N O. N d U fh G t0 N 3 O C ~ ~ o c y c o y ~ Q. G~i c y o v N ~ C C U ~ •O ~ O. y Cpl O. Q a 'j N `1 O ~ o v c m ~ .1 .1 ti ~ .1 .1 .1 'r .1 .1 ti N .1 00 a+ L ~ c ~ ~ ~ W w N N tCp O t0 i a a N a u a~i 7 Q ~ a d u v i a ~ .1 a N n °N' m o a m ~ 'v '3 ~ c O ~ a. aJ m • w' w v ~ ~ a a a+ C V GCJ '.+p-+ w e ~ c c w o ~ ~ a 'O c .r ` C ~ C ~ 'gyp C ~ N N r-1 ~-1 N N N rl r-1 r-1 r-I N M a.+ ~-i L L C ~ C ~ 4J C C 41 d w v a v? v~ u r~+ C ~ a ~ fl- u ~ w m t0 d a~ o. ° a a p n a ~n a~ o y v .n v ~ a •N y •N u ~ y •N ~ ~ L C/ L G) ~ ~ L OJ ~ ~ u ~ V 7 ~ U ~ O O Q d O O Q ri O. N d~ O M O. H Vl a? u C L C c p ~ wv coo c ~ ~ a; ~ Lw ~ ~ o 0 = 3 0 c c ° c a m v i V v m ~ m Q t., w +r ~ fC0 w 0 a~i O ~ o m ~ ~ _ ~ o o `o Z ~ a FL- U ~ N ~ 2 Y v o ~ _ ~ v N Z v c y C ~ ~ ~ E ~ u y w a ~ c fO .i ~ ~ ~ a ~ ~ V C N 3L ~ ~ ~ V o m E o m ~ W d O ~ ~ ~ a`r aui ~ a a`r ~ ? m v E° ~ a ~ L a a° ~ Q d `o C a c c ~ a c tea, -a L~ o~ o~ y m o o w o ~n m o a F- a ~ o ~ o~ 0 0 0 m m a a v v ~ a o r`o '3 a N E y N E a a v v w~ m o~ of v v W O~ m C a m ~ a`~ a`~ a s m e_`o m m ~ ~ ~ s~ C a m Ol 3 c ~ ~ c ~ c Z' Z' a~ ~ c c`o o a u 3 ~ 'moo= c 00 ~ ~ 01 N 4J O ~a ~C C C t0 tp > > Y ~ ~ ~ C yt0,, \ 0J i p ~ ~ ~ ~ ou ou u u ~ ~ O m a-ui aui O u u O 2 ~ ~n U ~ cn H a a v°1i v01i o°1c s U iU 3 Q Q W W V v07i ~ ~ tp io ~ ~ ~ L N N 7 y d N~ m E a, ~ a+ y W N wa, N W H L ~ ~ v .-i N N ~-V Z N N N N r-1 r-1 .ti H N H .--1 N ~ ~ G a~+ C d ~ C ~ ~ ~ ~ y C~ N ate.. N N N D. ~ ~ C t0 'fp O. C ~ n N ~ ~7 d O' O' L y t ~ Q d N ~ N V1 U L ~ ` O O O rl n N d UO M d O N _ 3 ~ L ~ ~ ~ ~ d d c o y~ y ~ m ~ ~ ~ ~ d c y o .r a _ ` m E c c ~ ~ •3 y ? Y a~i a Q ~o ~ v ~ o ~ " ~ ` .1 .1 .1 ~ .1 H d C 1p ~ Z N N N H r-1 H rl r-1 e-i .~-i C CJ h N C f0 ~ o r ~ v c ~ a> v n _u v Vp1 d 'v a o v a 'o• Z ~a ~ Q W p ~ p w~ N N d N n u~i M O d c _ ~ u0. 3 v m ~ c V ~ ~ m y m a~i c m o w e v c ,o a ~ 'O « c ; n Q = .r ~ a m a N ~ U C E C E ~ C ~ ~ N ~ Z N N N r-1 N N N ri N L' f0 ? ~ T ~ u ~ 3 N d L N ~ d aci v a d? aci ~ u a ~ t0 p E n E u E c ~ 3 ai a° ao a no n 'a *p'' a n ~ .7 c ~ m h d O1 'N u j N ~ O IQ N N Gl VI d in -p = `J i-~ ~ u F' u 7 u 7 O O O Q Q O O Q y ri n N n~ O M n~ ~ 55 ~ ~ u ~ d ~ _ ~ c v C O r `o ~ ~ ai m f0 L O O T > ~ d 3 ~ c c o ~c n Z a m a m a E to ~ Q o ~ C! •f~0 w o v o O ~ O 4J ~ _ ~ Z ~ w ~ Z ~ fl. F- U O ~ N m Z ~ Q i c ~ ~ t' ~ v O o C N Z ~ o c ~ v Y U ~ a C m ~ co p H C ~ ~ O ~ O ~ v G. m u ' ~ U i O£ y .Q C c ~ ~ ei a O ~ ~ ~ O o o N N m ~ O 7 0 ~ 4! u~i C N ° N c v~ a s N ~ ~ d C y `o N LL d c d ~ ~ ~ ~ n Z Z ~ j a O c c a L ~ 0 c ~ 'p ~ ~ F- Y h ~ ~ ~ ~ E ~ w ~ c m u ~ ~ G1 ,o f0 ~ ~ ~ O d in v, L ~ E a`r d y m 3 O C c L n a ~ a v E a~ E v+'i v~ d ~ p aci LL a F c v a f0 -o 00 ~ ~ J t r a a> v a s W C aC l7 f0 U U ~ o Op ~ c ~ a ~ ~ ~ v ~ ~ w ~ ~ ~ ~ m v 3 c v c, o o~ o a a ~ O a a t r~ r o ~ '3 c m v~~ c m~ Y a s p U w w U U W v Z c°J. m U ~n ~ ~ LL ~ a co. 3 LL ~ ~ Q Q ~ l0 1 7 N Y C ~ C ~ C eL eL 7 eL ~ ~ ~ h ~ fYO ~ Y ~ N ~ L f0 16 w 7 O a0`r Y Y N a`.1 N N ~ N ~ ~ ~ 7 y L ~ I.L Y N Y ~ C C ; .-I .-1 rl C Y C w ~ ~ fD ? C C L " E oc N H n~ N n N ~ N N O' L C Q L N y v° Q ~ N N ~ N ~ ~ N ~ N ~ Ql N (.7 L N ~ F U d F u ~ ~ v C ~ O O~ O ~ O ~ ey n N n ou eY1 n O ~ _N ~ ~ ~i L ° ~ c ~ d c o y ~ fl. ~ Y Y Y ~ i c y o `Y° a eo E v y !o 3 ~ a y. Q y ~c ey a ra a d d p Q N ~ .-i .--i c m L C C C _Y c ~ ~ O L ~ ~ ~ N fl. Q v O w _u v Z n ~ O lL O ~ O~ w o' ~ eel O. N n vOi Yet O v C _ ~ to - E ~ c a~+ c c ~ ~ c > ~ C w a ~ Y ~ a`~ V ~ O ~ v m d c m o v c eL c ~ a ~ 'a Y ',c b c Y n C N ~ N ~ ~ N ~ N ~ ~ C E C ~ ~ C O N N N L IO Y T Y ~ Y U~ ('YI L eL ~ d w a w v? w~ ~ i+ w- m ~ 3 d a° a°~ n"n a n ~ °c v 3 a0+ ~ Q~ Q~ o y a~ ey N d 4J u > eL L (O d VN1 41 N ~ Y N N 'a F u ~ u u 7 O O ~ a ~ L Q y~ N n N n O M n N d C pp u o0 C ~ c d C ~ ~ u ~ ~ C 'O C ~ ~ v ~ ~ a = ~ ~ O L v d c ~ c u ~ d o o t o' m ~ m~ = V O ~ u w u v p .1 .--i a u ~ o U a ea L V 'o 0o u ea Q t' v v ~ a+ C ~ c ~ Y ~ u ~ ~ 'O ~ W o v o O O Y y N 3 S m o o > o Z a ac, ~ X01 a ~ 1- O O Z C w e Q Q E y c y ~ ` _ .i eo N to Z pjS m m Y ~ ` c° j ae y Y ` N O 3 r~`o ~ o~ v v v o ~ Z O Q y n c y m v c ea c to 7 N N _ L OD oG ~ S O C fl' n O L Y Y C C ~ ~ O C ~ 7 ~ ~ O O ~ ar N O m~ a u u cn V N C Z ~ n t a i, v v ~ d O , y ~ y -y ~ m ~ O~ C c s > y o a~i a ~ t% ~ a O ~ a m n~ m c c u ~ ~ ~ i ~ m ~ V1 ~ T p N m ~ m a t!1 ~ a azzz ~ ~:s ~ o ~zzz ~ ~ C C C C ~ W ~ O O O e0 ~ n M N y O O O ~ ~ ~ a a n in ~ E~ ~ a> n a n W f0 E E E ~ O ri a ~ ~ ~ E E E 01 3 ri a7 ri ~ c u ar 'x ~ ri a7 a ~ a~+ ~ ~ 'C ~ rr t m p ~ ~ r ~ ~ ~ a n n ~ o ~ c~ n n n p 3 a a a u u o LL= 3 ~ a a a ~ _ ~ 72 ~ v = ~ v Y a ~ ~ ~ ~ ~ u a r"o m m Y c v~ L a v c v w ~ ~ v ~ ~ r t° r Y c ~ m t0 ~ > f° c > LL ~ ~ X01 ~ w E ~ ~ ~ ~ ~ ~ C ~ ~ C +T+ ~ C L G1 y of G1 N ? ~ p ~ C w i.+ ~ C ~i ~ Q ~ j„i fl. ~ ~ Q H N N L N ` ~ Q1 N L a N L ~ ~i N O ~ in N 41 ~n U1 in ~ ~ in ` Q~ ~ U ~ U 7 ~ V ~0+ IA ~ ~ C ~ ~ ~ ~ ~ ~ Q ri Q c0 N O. i M Q w C ~ C ~ ~OVJ fC C C Y ~ C ~ C ~ Y O_ ~ ~ ~ O ~ f~9 ~ ~ C ~ ~ fl- C ~ L C. Q o a ~ ~ ~ C ~ ~ in ~ ~ t ~ ~ ei r-1 c-1 r-I ~ r-1 r'i r-I ri r-1 L t ai u C = ~ w ~ aci ~ E o a, ~ v a, a o ~ L ~ E ~ ~ p, o a o ~ a v ~ a N ,n W c ~ r ~ ~ 3 rl O. N a+ O M O L 3 H O _ ~ O L C ~ ~ ~ ~o v ~ a c ~ ~ ~ ~ o t t E s ~ i.~ ~ ~ .r ca a.~ co y p u ~ U ~ T Y? ~ m ri N N N N a--i M N N ~--I d 10 C ~ C ~ y Q, C C ~ ~ L N Q N Q~ ~ D/ 7 ` ~ ~ a? ai •3 a a v a '3 c a ~ 3 C7 a Q ~ L = a- ~ ~ v ~ Q~ v o a ~ r v s v i •R t a m c H v u u ~ Q d ~ ~ ~ ~ a~ ~ c c O ~ o_ N a 3 ~ M a ca ~ d a ~ ~ u u x L ~ ~ ~ Y ~ R ~ ~ = 0 w o ? ~ -o Q L ~ O w V U ~ L ~ ~ V ~ ~ O .C 'Q ri r"1 ~ a-i rl i--I a--1 i--I ri ~ ~ C ~ ~ ~ ~ u ~ 00 O. ~ f0 V ~ ` a 'O C ` u C Y C ~ a, N C O ~ to W ~ ~ ~ ~ o a ~ v 00 O ro C~ 0 0 Z ~ I-- U = L Z L "O W\ ~ i C ~ O i ~ t0 ~ N N N t ~ N tCO O Z ~ 3 ~ ~ ~ ~ ~ ~ 4J Z ~ u C (n ~ ~ ~ ~ 41 ~ "O C ~ ~ ~ ~ i V ~ C N ~ y G1 (0 N ~ ~ ~ U L Q, fC W C! ~ a ~ u Q~ ~ N F- +a+ U ~ oif ~ v ~ a .D a=i O v ate, a ~ c a, ~ C N c ~ ~ v v ~ ~ C y„ Vf d 3 ~ ~ ~ ~ O. L G! u ~ ii G1 GJ ~ in 11 N O W ~ i ~ N .-1 ~ ~ i i N ~ io r0 ~ ~ ` N OOC p o` ~ a a v ~ ~ cv cv ; v ~ a o ~ Cv v _v o N ~ J J ~ ~ U L C U D W W U L U W M tD l3 ~ ~ ~ ar ~ v 01 ~ v ~ ~ v ~ m N 0 T O1 ~ L1 Q d ; y ,L. y C Ol ~ VI ~ H L 01 ~ ~ Y ~ 7 Y ~ ~ Y QJ Ol t0 C LL C ~ w ~ w ~ f0 rl N ri ri ei i-1 ri r-i i--1 r-i a-i ~-i i+ ~ N y of N Yl ~ 0 p .r+ ~ E~~ E m u ~ C ~ ~ ~ O O Vf Q~~ a N~ a N Q N a ~ O1 Ol L Ol ~ ~ vi N O1 N O ~ ~ `1 O1 H ~1 ti ~ u~~ u •3 F u Q , O C, O v O N ~ ri O. N N O. ~ M d ~ C -O ~ ~ C ~ U O C C ~ Y O. ~ d m ~ C d ~ ~ O. C 001 ~ IA •Q O O' 0 ~ ~ C C d in 0 ~ = C 01 a--1 .1 r-1 .1 ~--I .1 ~--I ei r-1 ei OC al m ~ 00 c ~ t ai c v p O ~ ~ N u ~ u. O ~ ~ ~ ~ a T a, ~ a a v a ~ v~ o a o Q o a31 3 ~ ` ~ L ~ ~ ~ y ~i O. N a•+ O M O~ ~ O C ~ c ~ u ~ ? c0 O1 0. ~ ~ ~ 'O C ~ O. C ~ O1 ~ O1 O1 c0 O r~ C O it C `1 C ~ i1 p. /V O ~ ~ ~ ~ d0 W ~ 'C N C ~ C ~ L C 'O A C ~ •f6 ~ •fC O a.+ C y ii (O O C E C ~ > C ~ U (A L F+ T T Y U f0 r-1 N N N ri ei e•-1 c-i ei N ri a--I C~ C i y y c C O LA L O O! O1 Ol ~ > OJ 7 ~ L ~ ~ d ~ O- O ~ a+ O1 ~ ~ ~ a ~ C- ~ U i Q O ~ Ol ~ O1 ~ 7 O Ol ~ O O1 vii O1 t`~n Q C y vii ~ C H t U t ~ ~ 'r'p L ~ of CO O C ~ ~ ~ ~ al ~ ~ c c rCo Q d r1 Q N d 3 ~ M d f0 ~p Q ~ C X 0x1 ~ 00 u ~ O 0 L C 'C ~ t' C ~ ~ 3 C C ~ f0 O ~ f0 ~ ~ O1 p, a d C O O ~ N C C f0 ~ O ~ u u 'O = 3 O y c OJ cCa 00 a r-1 .-i i--1 ~--i a y ~ rl .-i e-1 s-1 a-i .--I H ~ co u ip C Q v ~ a.,, 3 ~ u W u ~ .E c V f0 ~ ~ ~ ~ m o ~ ~ ~ Ll c o z L = ~Z ~ ~W ~ ~ N ~ ~ H t+ O i ~j, (O i ~ j Q Ol C C C O e~ t ~ N f0 O Z ~ ~ ~ Z ~ .O 'O ~ {n C ~ pq "O f0 hD 0 ~ ~ = O1 ~ y C -a ar ~ ~ d ~ ~ C o`c o ° v~ N H n ~ a-1 d O ~ ,n -~O ~ W v~ E v~ a m u ~ ~ 0) ~ 001 0 ~ N Q a V N> o C~ ~ E E ~ ~ ~ r v`~i ~ ~ T a0i v > ~ a c C ~ N d ~ ~ U N 0 d d 0 001 j O C ~ it _C. ~ ~ H Il LL N 11 LL = d m ~ ~ ~ ~ ~ d 3 LL t N C "O h ~ C~ N N ~ U U 7 fC Ol O Cv~ W u_ aUi a.°1 ~ c y tO y C7 C7 ~ ~ eD ~ ~ `a c p c al ~ cl d al ~ u eD l7 ~ v al a 0 ~ C o t L V C ~ O •U C ~ N O N 00 00 O1 ~ ~ ~ ~ U U Q Q U V Q Q U of O .1 O 2 2= m~ U vii V ~ 1 4 ~ ~ ~ v Y v ~ ~ ~ ~ ° u ~ m f6 f0 L C G/ ~ ~ N N C a.+ N v_f to ~ N ~ 'O f++0 +'C-' > +L-' C N ~ ~ ~ C > LL ~ ~ w ~ w ~ to ri ei a-i a--1 ei a--1 ~--1 a-i r-I r-1 ei r-I a-i ~--I i--I ~--I C O ~ C O C L i+ d N y o0 41 ~ a+ O O C ~ a~~ c H d a N y L Q y L ~ d~ vi VI N ~ O G1 vii ~ N H `1 Vl ~ U N~ U 3 H' U ~ Q , O ~ , O ~ O ro •i O_ to N O_ i M O. w t0 ~ C y v O ~ c ~ Y +f° a ~ ai o E y d L N a C O O Val •C O Q ~ ~\O C C ~ : ^ ~ H L ~ N e~ r-1 r-1 r-1 v-i a-i r-1 .--1 e-i r-I a-1 ~--1 ei e-i N 'r t y U E ° y ' ~ Z ~ a a u a a y ` ~ O ~ O w a o. o w c c N i+ ~ ~ ~ t 7 ~ 7 H 'i O. N a+ O M O L ~ O .N C C j u C T 01 Gl ~ C G1 L fD G1 O 'V f0 C afOi y a~ y o LL ~ L C ~ .C C_ ~ d a.+ y~ H a.+ f6 ~ 00 A ~ C ~ fC sL~+ c0 ~ aL.+ C y V C ~ C ~ ~ C ~ ~ r-1 ~-i ~--1 r-1 a-i a-i a--1 i--I N N ~ i e-i ~--I e-i N N l0 ~ ~ u ~ ~ ~ a~i v v v ~ > a 3 ~ l0 ~ d E o ~ o o~ E Y v L ~ D. ~ a~ V ~ O- o L M ~ d d GJ N 'j C -O ~ ~ v~ ~ = ~ ~ ~ ~ ~ O/ Vf C1 VI ~ C Gl Uf O 3 W ~ u ~ ~ ~ ro ~ u Q t0 ri O. N a 3 i~ M G. cC0 ~ ~ L C c fop O ~ f° m ~ f0 ~ ~ ai O O w o T ~ C ~ 0J N O L v w u ~ ~ O ~ cCa u pip C Q r ~ ~ oo ~ ~ m o v L t O r1 t~ N cOa O Z C L C O ~ Z C In 'O M ~ f0 ~ m M vt ~ ~ N W V fl- O v £ ~ v ~ v m d ~ ~ ~ c ~ vl 4J N N (p N Q U a c ~ co ~ ~ C v £ cn y ~ vl ~ GJ O ~ C l7 ~ -a ~ -a ~ N O ~ v 5 c a, v C VI C 4J d ~ ~ LL ~ ~ ~ 11 (0 ~ ~ C ~ 'in G1 > (~6 ~ C ~ c0 ~ ~ ~ to 41 C1 ~ O Gl ~ O ~ u v, ~ u ~ O N Q~ ~ ~ C d ~ ~ ~ ~ N 7 j ~ C ~ r a~+ i ~ p O ~ m C ~ ~ LL t N ~ N L lp C O J U ~ q0 ~p f0 ~ ~ U O1 C U 01 W 3 V 3 C C C C~ O L ~ L J ~ V v LL d i L. y O c C a ~ ~ c u~ y d C O ~ ~C 07 GJ G1 OJ O GJ 4= ~n 4J ~ r-+ ~i,, 'C 'a+ w h N ~ 'o ai w o w `u d X y ro 0o O m O v t t m 0~ bO t O V1 0 2 5~~ vl Vf ~ Q U ~ m vl O w t~ U U U v o v ~ lD 15 ~ ~ c ~ v ~ ~ v c o m ~a r d y y c a L H W H L CJ V1 'Q Ol f9 C ~ aci y m aci v? ~ o ~ v~ E "a c~ a u E c m a N O_ H ~ a ~ ~ •3 G1 vii as fl. O't o a ~ GJ vii O OJ ~~if d N N d Q ~ U~~ u 7 B U Y ~ O C ~ ~ ~ M ~ 4! C ~ d (0 N O. ~ O. w ~ a C a~ ~ c ~ C v " C Y ~o C ~ Y O. ~ C i1 ~ ~3 O. ~ ~ ~ ~ W ~ ~ ~ ~ ~ C N rl r-1 ri r-I a-i ~--I ~--I ~--I r-I a-i r-I ~--1 O ~ .r ~ fO ro ~ L L G1 u O. 00 c ~ c ~ ~ a j. CJ v N a N Ga! ` C H N C p ' ~ ~ W O ~ a 0 W O C O ~ ~ rl O. N O M O L T O ~ c c 3 u c 'V N C! L C N ~ m v ~ ~ ~ ~ ~ C ~ O. C ~ GJ ~ Ol Y ~ O C O L ~ ~ ~ C ~ a O c ~ ar i.f. C ~o rv y C y a m N x n ~ ~ C ~ C ~ > C ~ IVO N ~ a--1 r-I ~--I N N N e-1 e-~ i--1 ~--I N x ~ T a.+ > V u 41 L ~p C ~ C ~ y N C C N ~ F" L N N CJ Gl ~ > d 7 L C f9 ~ 4) C _a ~ O_ ~ ~ i O. p .fl 4J ~ f0 ~ ~ ~ O O. y G! ~ C -Q ~ N 3 3 c~ ~t Q/ N QI N ~ C~ N O C t N t G1 d 'ro L N H 4! ~ ~ ~ ~ O` = ~ ~ `O ~ ~ vOi Q rl O_ N 0. 3 ~ M O. N LJ N Gl '~O 'O ~ 00 u u co ~ C ` ra ~ ~ ~ fO ~ c c ~ O w O 'p ~ v = C L O` T ~ = L G! N O w u ~ -o •`n C > ~ ~ O .a ri ei e-i a-i r1 .--I a-i a--I ri ri a-i a-i C ~ 3 0 N C N m h0 Q ~ C t 10 V~ ~ u dO C Q Y ~ C ~ C > ~O C C 3 ~ •10 W O d0 'O O` ~ O N 41 c O Z L = 2 ~ Z ~ ~ w ~ ~ ~ ~ y I- = 0 ~ c0 ~ C j Q ~ 00 C t+ rl t ~ N f0 O Z O i ~ ~ H O j y v+'i G! Z L y to a~ ~ t p w C F+ +y+ o. O r6 Q ~ O O ~ ~ a+ C M H C u O c ~ ' v Q. ~ ~ ° ~ W ~ £ L w a: 3 N N m U Q o b u y ~ ~ u ~ H H aJ 0 a Y m C ~ ~ 'O ~ N ~e 3 ~e ` ~ C ~ a H ~ cca ~ ~ ~ 'n m H ~ d a~ ~ ~ E t u o a C U o0 0 'co ~ a~ a Q f0 .n m C c ~ Zvi t°iDO v a .3 :i ~ 3 0 ~ ~ a o ~ ~ ~o on ~ ~ n o m a ~ ~ ~ u a v~ N o 00 oyip m =a = C~ v~ $ rn W C o m c y c a m v' ~ C c op ~ a~ v' o d 'a+ ` H N ~ C U 'p ~ p C c 4J C U N a~+ ~ ` O 7 O ~ u C ~ N G O O ~ O W ii ii U F- w ~ C7 ~ w m V cn C7 U oOC C7 o~C ~ l0 ~s c ~ c ~ v ~ a a ~ ~ ~ ° v m ~ w ro ro Y c y ~ ~ a ~ c a~i N W VI ~ O/ ~ 'p f9 ~o c > LL .C ~ w C w ~ f0 a--I .1 .--I ei N .-i ~ .--i e-1 C 3 ~ G y O G L C O1 y 00 O/ O1 ~ O p ~ Q ~ a.+ D. N ~ ~ ~ N ` VI i 7 O1 H ~ fO y ~ f9 Q O dl 0 L a O1 L ~ 0 ~ vi N O1 vii O O1 v`~i ~ O N ` Q ~ U~~ U 7 ~ U Y ~ e~ O. cco N d~ M d w C t9 C ~ c y v p d ~ ~ act cYV C O Y a+ O. ~ d f0 ~ r'' G `1 Q. ~ O D. c O O ~ ~7 O. 3 y L \ y: Q O Q L ~ 'O C W d H 0 N ~ ~ Ol e-1 r-1 t--1 a--I a-i e-i r-I .--1 a-i O ~ N ro ~ ~ G Y L O1 C _U .a C aJ w ~ ~ v O O ~ ~ Q ~ t''o a> aJ ~ v a v ` 3 ~ p, w O to O. p w O 0 G H ' ~ L 7 ' 7 ~ ri d N a+ O M O L O C C O U C T ~ r C v 0 ~ a1 Y y o Q. C ~ 'm ~ 'c 'o ~ U Y ~ ~ T ~ Y ~ ~ N ei N c-1 N N a--I N a-i (p C ~ C ~ y Oj G C ~ 00 ~ L ~ ~ Q. 0 O. ~ ~ ~ ~ ~ I~/~ d ~ _p. ~ O. ~ ~ ~ O. p ~ aY !0 7 ~ •7 O- OJ 01 'j C 'B ~ 3 ~ ~ ~ ~ ov ~ , o N ~ u ~ ~ ~ ~ ~ u ~ ~ Q ' rl Q N Q 3 ~ M 4 fC C ~ •ro +0+ -p ~ ~ ~ n. c C ` C •c ~ 'co O_ fA \ ~ ~ ~ Ol 3 'O ~ f0 ~ L ~ N •C co ~ Y ~ C ~ O •C a rl a-i ei .i a--I ei r-1 a--I ri ~ ~ ~ Ol G O1 f6 00 d > ~ > t f0 V 'O ~ C `0 C Q "O a+ !9 ~ ~ 'C W 00 ~ ~ ~ O ~ O ' C 3 ~ ~ ~ aJ _ _ ~ Z ~ ~ w ~ O Z 00 0 to H v -a v c > t+ 0 ~ L ~ N fC O Z O- > C 000 O1 p ~ C Q O v Z 7 (p O- !n ~ v v y 'O •0 00 ~ ~ C N c 7 t0 N p Q, ~ d O O f0 V y = 001 ~ ~ ~ M ~ p c ~ v ~ ~ v a c ~ v v W O ~ ~ O p 'p G C ~ J O c c ~ m d V ~ O c c c0 Y ~ O c ~ Q ~ i r N G ~ O ~ to ~ '9 O ~ H GJ ~ ca ~ O ~ a~+ O N N ~ G ~ N ~1 ~ i+ Ol J _ ~ L ~ a m ~ ~ ~ O1 J m Y ~ d ~ f6 > J 3 ~ V Y ~ U U C ~ J u U Q1 N c ~ ~ ~ ~ .O L1 N N ~ C N ~ H N ~p atOi v ~ c y O ~ c c o 3 a a m= v1 N vLi ~ H U Q 2 N~ ~ ~O l7 ~ ~ c c a ~ a v ~ ~ ~ ° u m o r0 4- m t c v ~ ~ c N ~ v -o i+ L VI L Y C Y ~ ~ ~ O T~ ~ ~ C> Q Q ~ C ~ ~ ~ w ~ c0 \ \ ~--I e-1 a--I ei r-1 i-i ei ri ~ o v C L Z Z d y o0 N C~1 ~ ~ p w E~ c E m v ~ c c0 ~n O. to a ~ ~ n. ~ d v ~w~ v L O. N L u N~ vi W Ql {~/1 O G1 N L1 L N `1 ~ U~ U 7 S U N N , O C, O~ O co ~ rl d r0 N O. ~ M C ~ ~ C ~ ~ u Q C c ~c ~ C ~ C y Y a ~p 41 c"6 ~ c ~ ~ ~ ~ Q. C y ~ Q N 'd Y ~ u y C ~ ~ ~ N v~ > ~ O > L ~ ~ t''o a> ci u v a v v a Q~ o ao ~o v O UJ Oa ~ H N tJJ C ~ ~ ~ ~ t ~ ~ ~ rl d N a+ O M O~ O 7 C c 3 ~ c V1 v v ~ c a~ L ~ ca v a~+ C ~ d ~ a cmi c c W ~ N C N C ~ y ~ LL C f6 a+ f0 ~ a.+ C ~ .c6 iNi O N ~ U Q Q w = U aC-. ~ ~ ~ Y ~ ~ ~ N N N N i--I .--I N N ~ Q1 ~ C ~ C ~ y y c C Z Z ~ ~ G1 GJ d d ~ ~ N 3 ~ Ol ~ y a a ° ~ = fl- ~ fl- ° ~ a o ~ ° (Q ~ ~ 'S a '3 a v v c H ~ N G~ ~ ~ O y ~ ~ O_ 6 ~ L G/ vii GJ ~ C1 ~yil O d t v t a~ t v~ ~ _ ~ ~ o ~ o = E ~ o ~ o. Q .i a N a 3 en a m ~ d o H m _u u N 3 ~ ~ m ~ ~ ~ d G~ O w u ~ Q Q o C ~ m c Q Z Z ~ L ~C ~ ~ y 0 'd > C 3 ~ ~ c~ ~ O Z N v pp O co j O ~ Z L Z ~ "a W\ ~ ~ E ~ O ei L~ N m 0 2 ~ L ~ ~ is ~ _u N a ~ a ° ~ ~ ~ c ~ J H ~ ~ ~ ~ G1 Q o H u ~ ~ u U O £ y C = N a o ~ O a, ~ a~£i ~ Y c v~ ~ v ~ ~ ~ l7 ~ ~ ~ ai fl. a° c~ c FL y 'E ~ Y c~ c a~ a a` ~ ~ ~ Y o ~ c LL r ~ c c ea ~ av'+ c ~ ~ ~ o~~ m~ o~ u~ u o m '3 S a c o rn W 3 u° 3 N ~ O ~ ° c ~ c ~ c ~ ~ ~ ~ °o E `o ~ E ~ ~ u ~ 'o ~ 'o o 'v 3 ~ 3 ~ ~ o vs 0 2 a a` Q v°~i v U U u~a u a m m 3 ~ V a m 1$ ~ a ~ c v Y ~ ~ ~ ~ ~ ~ E v a; w eo Y c y ~ i+ L of L ~ _C L, ~ LL C ~ w~ w ~ C > t6 a--1 ~--I ~--I i--I r-1 i-1 r-1 i-1 G1 y o[ d N ~ N p w0- E~ c E ~ u ~ c ~ fC y O' f0 O ~ O G1 L p O L u v~ vi GJ vii ~ G1 ~~if `1 L H L1 ~ u ~ u I- u Y rl a f0 N a ~ er1 a N ~ C ~ 61 C ~ ~C a Q ~ ~ ~ ~ ~ ~ ~ C ~ v ~ C ~ ~ ~ ~ t ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ " L t ni Y u GJ C1 fl. L a > aoi u `v a = a a°' o ao ~o v Q w a N H w Y c O ~ C ~ L ~ ~ ~ rl a N a+ O M O L O ~ a-+ N c O O T O u G1 ~ L C N L (O C1 ~ ~ ~ ~ 'G G ~ a ~ N ~ y y v Y ~ o ~ ~ f0 ,C ~ a ~ inf. t0 ~ ~ a+ ce N C ~ 4! N ~ V a~ T > U a+ ~i ~ N r-1 i--I r-1 e-i ~--I N a-i f0 C ~ C ~ y a c C O ~ ~ OJ G1 G1 G1 i ~ N 7 ~ ri d? ~ a ~ a O~~ Y N ~ ~ a° a° u~ a O~ ~ ~ ~ a a v a c -a vi L ~ •V1 N to O ~ O H O CT [ L L U L U ~ ~R L U ~ 00 = ai ~ o ~ o= o ~ o Q 3 .-i a N n 3 a en a m v 00 u u 3 ~L i C - ~ ~c O O w o ~ o ~ °1 C f0 d a o w u u c 3~ ~ m u m c a ~ ~ C Y -0 w u tic 0 0~ O ~ ~ C ~ O Z ~ _ ~ Z ~ ~w ~ ~ ~ u ~ ~ r ° N ~ o Z °J ~ v y c ~ N ~ ~ J H y ~ Q ~ Y ~ H ~ ~ Vf ~ H .u N v pa ~ ~ a ° ~ ~ ~ y C7 ~ ~ ~ a p ~ g o 3 v~ v L ~ ai O ~ a d~ o ~ 3 v a "a C d ~ 7 taL C v~ ~ ~ ~ ~ ~ ~ f0 3 y ~ y ~ d N u ~ ~ u O ~ o ~ m O N L ~ ~ ~ ~ v ~ ~ C L ai C 17 ~ Q ,a ~ O E °q a~ w a ~ 3 a L° ai y O ~ v C7 m o m Q ~ ~ a L o g v ~ tea on ~ ~ ~ ~ w L ~ f0 c u c o~p ~ ~ v a C ~ c ~ Q ~ O _ 3 c ~ c ~ O O ~ ~ O ~ ~ ~ 3 ~ ~ ~ O O N L 'O i 3~ c~c u v u G m' u N u° ~ u z~ l9 _ . , _ - .~~ff _ ~ - Financial Information - Wit= - ~ ,~,.:3 20 The St. Lucie County Water and Sewer District is a Utility that is run as an Enterprise Fund, or business entity. The Utility covers the cost to provide the water, wastewater, and reuse services through its approved rates, fees, and charges. Utility Revenue Sources FY08 Total Revenue Received -all Sources: $5,065,149 i ' ¦ Water Connection • Sewer Connection Interest $137,078 Fees $95,696 3% ~ Guaranteed Revenue Fees $225,574 4% 2% $115,438 2 /o ~ Reclaimed Water Miscellaneous Usage Fees ~ ~ Revenue $331,081 $151,957 i ~ _ _ 7% 3% I r,, ~ ~ ~ ~ ~ ¦ Sewer Usage Feesl ~ $1,775,688 ~ ¦ Water Usage Fees ~ 35% $2,232,637 I 44 Utility Revenue Sources-Two Year Comparison FY07 FY08 Water Usage Fees $2,784,343 52,232,637 Sewer Usage Fees $2,121,011 $1,775,688 Reclaimed Water Usage Fees $164,568 $151,957 Interest $301,944 $137,078 Miscellaneous Revenue $239,800 $331,081 Guaranteed Revenue $425,715 $115,438 Water Connection Fees $199,325 $225,574 Sewer Connection Fees 326 270 95 696 Total: 6 56 976 5 056 149 SCLU W&S District Annual Comprehensive Report FY 2007/2008 27 i ST. LUCIE COUNTY, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2008 The Honorable Joseph E. Smith Clerk of the Circuit Court Prepared By: Clerk of the Circuit Court, Finance Department Shai Francis, CPA, CGFO Finance Director ~z 51. Lucie County, Florida Statement ofNt:t Assets Prapriatary Funds September 30, 2008 Business-tyttc Activities Bailing & Soutb North Recycling Colf Autchinsoa County Facility Course Utilities UtilltIes Assets Current assets: Cash and investments 5 ]3,185,635 S S,D34 S 697,045 S ~ Restricted assets: ].38344 Cash aad investments-tustamer deposits 178,450 1,SOD 8,975 Au:otants receivable, net 843,301 1,768 178,541 Interest receivable 89,606 176,375 458,066 Due from othergovertunenu 3,638 ]7,640 79,374 395 Inventories 67,760 83,835 Tatrtl curtent assets 13,444,336 92,552 886,033 2,036,593 Noncurrent assets: Restricted assets: Cash and im~esttnents-Iaaditll closure 9,571,793 _ Cash and investments-debt service _ _ - - Cash and investments-renewal and replacement _ 548,565 Cash and investrents-project funds _ 16,412 162.145 Bond isstwtce costs, net 83~ - - 1,662,987 Land - - 412,009 4,905,601 1x68,050 1,739,310 ?,438,050 Buildinr~sandimprovements 35,171~~0 3,68],507 19,948,627 29,639,597 Machinery and equipment 10,375,926 879,343 ?1,537 334,148 Accumulateddepreciatioa (19,188,300) (3,186,461) (8,559,467) (b,351,4-14) Coastrtrction in progress - - - 973,636 Total non-ctrrent assets 40,837,171 2,640,439 13,356,409 29,719,693 Towlasseu 54,28],497 3,73?,99I _ 14,242,443 3[,756,286 Liabilities Cttrrent liabilities: Aceowtispnyable 674,554 16,802 7852 31I?54 Claims payable _ Acuned liabilities 160,989 84?75 ],101 246,768 Deposits payable from restricted assess 178,430 1,500 8,975 178,541 Honda and notes payable, nN 399,612 10,344,096 Accrued tompensated absences 131,039 41,267 x,401 70,533 Uneatnedrevenue - 6,345 Tout] current liabilities 1,4-04,644 150,189 90,729 11,D91,192 Non-current liabilities: Advances &am o[her funds 4,465,404 _ _ Liabilities payable from reariued assets 9,395?05 _ _ Bands and notes payable, net 9,741,678 Accnted compensated absences 87,4?3 46,712 6,068 16,966 Landfill clastrre liability 6,397,761 _ _ _ OPEB Liability 91,358 36,103 2,144 14,449 Total rron-current linbiiities 15,871,747 4,538,218 B?I3 9,773,093 Total liabilities 17,316,391 4,688,407 96,941 30,86485 Net assets Invested in capital assets, net of related debt 30,964,935 3,b40,439 13,339,997 8,511,2D0 Restricted for. Landfill closure 276,587 _ Debt service Renewal and replacement _ _ - 548,565 16,412 162,]45 Capital projects _ _ Unrestricted ~ - 1,663,987 5,7,584 (4,595,8551 787,092 7,104 Totatnetasseis S 36,965,106 S (1,953,4161 S l~ 4,143~5p1 $ 10,893,00] The accompanying notes to financial statements are an integral part of this financial statement. 2S St Lucie County, Florida Statement of Revenues, Expenses, and Change in Fond Net Assets Proprietary Funds For rite year ended September 30, ?008 Business-type Activities Bailing & South North Recycling Golf Hatchioson Couoty Faet7iry Course Utilities Utilities Operating revenues: Charges for services S 13,467,086 5 1,330,133 S 1,831,355 S 4,278,720 Misccllancousrevenue 402,t?5 ]59,933 ?3,345 248,17] Total operating revenue 13,864~ I 1 1,480,056 1,854,700 4,176,891 Operating espenses: Salaries, wages and employee benefits 3,35,332 i,l~?,771 100,476 621,859 Contracttral servitxs, materials and supplies 9,586,199 856,346 1,?34,407 2,990,339 Depreciation 2"44,986 314,004 813,459 9L~~49 Total opernting c~enses 15,066,817 3,193,1?3 ?,167,842 4,534,447 Opemting income (loss} (],197,606) (713,067) (313,142) 42,4#4 Nooopcrating reveuues (e:peases): Intergovernmenutlrevenue 24,314 4,620 5,188 9,553 Interest revenue 733,754 3,139 21,006 158,561 Cmin/(foss) on disposal of capital assets 35,535 (383) (383) (360) lnlerest expense (66,298) - - (1,080,891) Atnortiasion expense (5,066) - - (33,330) Paying agent fees (700) - - (303) Total nanopcrating revenues (expenses) 719,539 7,366 35,811 (948,654) Income (loss) before contributed capital and transfers (478,067) (705,70 i } (367,331) {906? 15) Transfers: Transfers in 7,000 - - - Trtutsfers nut (513,000) - - - Capital Canuibuuons - - - 33]?70 Total transfers (506,000) - - 331;270 Cbaagein ne[assets (964,067) (705,701) (387,331) (584,945) Netassets-beginning ofycar 37,949,173 (1x49,715) 14,430,832 11,476,946 Netassels-end of year S 36,965,106 S (1,955,416) S 14,143,501 S 10,693,001 The accompanying notes to financial statements am an integraE part of this financial statement. 24 SC Lucie County, Florida Statement of Cash Flows Proprietary Fnnds For the year ended September 30, ?008 Business-type Activthes Baiting & South North Recycling Golf Hutchiasoa Couaty Facility Course Utilities UhGties Cash Oa~vs Irom operating activities Cash received from customers $ 13~ 16,897 $ 1,317,675 $ 1,658,159 S 4,441,495 Cash paid to suppliers {B,563,855} (942,325) (1,397,041) (3,176,898 Cash paid toemployces (3,059,303) (1,030,101) (101,66? ~ ) Other receipts (payments) 402.1?S 159.933 ~ ) (58665) 3,345 298,171 Not cash provided by (used fot) operating activities 2,095,864 (494,818) 182,731 976,503 Cash flows from noncapital Financiag activities Proceeds from federal end state awards ~ Transfers in 4,314 ]9,221 5,186 9,553 7,000 - _ Transfers out (513,000) - Advances from oilierfunds - 545,001 - Repnyment oFadvanccs to other funds _ _ _ ' Net cash provided by (used for) noncapital financing activities (481,68b) 564,2? 5,188 9,553 Cash Doe's from capital and related 6aancing activities Proceeds from sale afnssets 36,415 383 _ Capitrd Contribution - 95 4~~ Principal paid on capital debt (845,000} - - {677,870} Interest paid on capital debt (31,800) - - (1,375,253) Purchases of capita] assets (SOD,330) (67,908) (Il?,320) (754,818) Bond paying agent fees end issuance costs (700) _ _ (',30~) Net cash used for capital and related financing activities (1,339,315) (67,525) (112,320} (2,714,721) Cash flows from investing activities Interest on investments 694,933 3,155 19,313 153,609 Net cash provided by investing activites 694,933 3,155 19,313 153,609 Net increase (decrease) in cash and investments 969,796 5,034 94,9 L (1,575,056) Cash andinveshnenttatbeginningofyear 30,966_~BI 1,500 627,520 5,509,638 Cash and iavestmeats nt eod of year $ 21,936,077 $ 6,534 $ 7~?,432 $ 3,934,582 Cash and investmenu classified ns: Current assets $ 13,185,835 $ 5,034 $ 697,045 $ 1,382,344 Restricted assets 9,750~42 ],500 25,387 2,552,238 Total cash and iavcstments at cad ofycar $ 21,936,077 $ 6534 $ 72?,433 $ 3.934,583 The accompanying notes to financial statements arc an integral part of this financial statement. 25 St Lucie County, Florida Statement of Cash Flows Proprietary Fuods For the year ended September 30, 2008 Business-type Activities Bailing & Soutb North Recydiag Golt Hutchinson Couaty Facility Course Utilities Utilities Reconciliation of net operating income (loss) to net crib provided by (used for) operating activities Operatins income (loss) $ (1,197,606) $ (713,067) $ {313,142) $ 43,444 Adjustments to reconcile operaring inwme (loss) to net cash provided by (used far) operating aciiviries: Depreciation 2,244,986 314,OOi 812,95$ 9~?,?50 Landfill elosuu~e expense 909,171 - - - Chenges in assets and liabiities: Accounts receivable (3,052) (1,768) (174,046) 158,131 Due from othergovemments (43,137) - - - Inventories {12,577) (17,964) - - Accountspayable 217,408 14,148 (140,539) (]86,560) Claims payable - - - - Accrued liabilities 79,211 5?,830 (3,927) ] 2,303 Duc to otherfunds - (56,040) - - Accrued compensated absences 5,460 13,738 577 8,942 Deposiu payable (]05,000) - 850 19,103 Unearned revenue - (680) - Netcash provided by (used tor) operating activities $~64 S (494 $ 182,731 $ 976,503 The accompanying notes to financial statements arc en integral part afthis financial statement. 26 St. Lucie County, Florida Notes to Financial Statements (Continued) Year Ended September 30, 2008 NOTE 6 -RESTRICTED CASH AND INVESTMENTS Various bond covenants, resolutions and state regulations require that the County restrict cash and investments within the proprietary funds. Restricted cash and investments are as follows: Bailing & South North Nonmajor Recycling Golf Hutchinson County F~terprise _ Facility Course Utilities Utilities Funds Total LandSll closing costs $ 6,264,852 $ - $ - $ - $ - $ 6,264,852 Landfillpostclosure 3,304,315 - - - - 3,304,315 C&D Processing Facility 2,625 - - - - 2,625 Customer deposits 178,450 1,500 8,975 178,541 8,773 376,239 Debt service - - - 548,565 - 548,565 Renewal and Replacement - - 16,412 162,145 - 178,557 Project costs - - - 1,662,987 - 1,662,987 Total $ 9,750,242 $ 1,500 $ 25,387 $ 2,552,238 $ 8,773 $ 12,338,140 Liabilities payable from restricted assets of the County's proprietary funds are as follows: Bailing & South North Nonmajor Recycling Golf Hutchinson County Enterprise - Facility - Course Utilities Utilities Funds Total landfill closing costs $ 6,264,852 $ - $ - $ - $ - $ 6,264,852 Landfillpostclosure 3,027,728 - - - - 3 027,728 C&DProcessingFacility 2,625 - - - - 2,625 Customer deposits 178,450 1,500 8,975 178,541 8,773 376,239 Total $ 9,473,655 $ 1,500 $ 8,975 $ 178,541 $ 8,773 $ 9,671,444 27 St. Lucie County, Florida Notes to Financial Statements (Continued) Year Ended September 30, 2008 The County has general obligation, revenue, and special assessment bonds outstanding at year end. Payments on the general obligation and revenue bonds are made by the debt service funds. Revenue notes such as: South County Regional Stadium, Tourist Development Tax Revenue, Rock Road Jail Security, Fairgrounds, and both special assessment bonds are paid from debt service funds. The Parks Referendum line of credit, Port Deepening, and MSBU interim line of credit are paid from special revenue funds. Also, the Energy Efficiency revenue note and two capital leases are paid from the General Fund. -~j The water and sewer debt includes the following issues: 1. The $5,840,000 Holiday Pines Water and Wastewater System Revenue Bonds, Series 1999 was issued with a bond issuance cost of $268,329 and a bond discount of $122,901. As of September 30, 2008, the unamortized amounts are $191,342 for the bond issuance costs and $87,129 for the bond discount. 2. The $5,560,000 North Hutchinson Island Water and sewer Revenue Refunding Bonds, Series 1997 was issued with a bond issuance cost of $202,607, a bond discount of $90,876, and a deferred amount on refunding of $574,123. As of September 30, 2008, the unamortized amounts are $93,812 for the bond issuance costs, $40,476 for the bond discount, and $293,231 for deferred amount on refunding. 3. The $1,710,000 North Hutchinson Island Water and Sewer Revenue Bonds, Series 2002 was issued with a bond issuance cost of $144,348 and a bond discount of 18,550. As of September 30, 2008, the unamortized amounts are $105,355 for the bond issuance costs and $13,389 for the bond discount. B. Schedule of Outstanding Debt The following is a schedule of bonds outstanding at September 30, 2008: 28 St. Lucie County, Florida Notes to Financial Statements (Continued) Year Ended September 30, 2008 Amount Amount Interest Purpose oflssue Issued Outstanding Rates Business-type Activities: Revenue Bonds: ~~j Holiday Pines Water and Wastewater Acquiringplant and $ 5,840,000 $ 4,865,000 3.40%-5.50% System Revenue Bonds, Series 1999 plant expansion North County Utilities Water and sewer 7,622,500 7,622,500 4.38%/No Amtz Improvement Rev Note, Series 2004 expansion North County Utilities Water and sewer ° 2,377,500 2,377,500 4.38/°/No Amtz Improvement Rev Note, Series 2004 expansion North Hutchinson Island Water and Sewer Refunding 1992 bonds 5,560,000 4,165,000 3.65%-5.70% Revenue Refunding Bonds, Series 1997 North Hutchinson Island Water and Sewer Plant expansion 1,710,000 1,490,000 3.00%-5.00% Revenue Bonds, Series 2002 Solid Waste System Revenue Refunding Refunding 1993 bonds 5,030,000 305,000 2.00%-3.125% Bonds, Series 2002 Total Revenue Bonds 20,825,000 Less: Premiums/Discounts/DeferredAmounts on Refunding (439,614) Total Outstanding Debt- Business-type Activities $ 20,385,386 C. Debt Service Requirements The following schedule shows debt service requirements to maturity for the County's governmental funds obligations: Fiscal General Year Obligation Bonds Revfnue Bonds Revenue Notes Principal Interest Principal Interest Principal Interest 2009 $ 185,000 $ 110,578 $ 6,420,000 $ 5,246,791 $ 10,535,474 $ 1,121,992 2010 195,000 100,958 6,650,000 5,018,256 2,374,367 907,468 2011 205,000 90,623 6,295,000 4,769,844 2,055,199 828,667 2012 215,000 79,758 5,025,000 4,529,594 2,143,217 777,127 2013 225,000 68,363 5,205,000 4,339,525 1,586,742 653,223 2014-2018 1,050,000 145,125 23,855,000 18,196,425 8,789,242 2,117,892 2019-2023 - - 25,630,000 12,639,663 4,489,077 468,354 20242028 - - 21,905,000 6,450,606 192,275 30,158 2029-2033 - - 16,2os,ooo 2,316,200 _ _ Total $ 2,075,000 $ 595,403 S 117,190,000 $ 63,506,904 $ 32,165,592 $ 6,904,881 29 St. Lucie County, Florida Notes to Financial Statements (Continued) Year Ended September 30, 2008 Fiscal Special Assessment Year District Bonds Capital Leases Total Principal Interest Principal interest Principal Interest 2009 $ 9,307,398 $ 270,297 $ 125,015 $ 50,141 $ 26,572,887 $ 6,799,800 2010 7,821 4,862 124,835 45,386 9,352,022 6,076,929 2011 8,268 4,402 135,529 40,248 8,698,996 5,733,783 2012 8,741 3,915 146,827 34,674 7,538,785 5,425,067 2013 9,241 3,401 158,758 28,638 7,184,741 5,093,150 2014-2018 54,837 8,126 591,145 46,053 34,340,224 20,513,621 2019-2023 - - - - 30,119,077 13,108,017 2024-2028 - - - - 22,097,275 6,480,765 2029-2033 - - - - 16,205,000 2,316,200 Total $ 9,396,306 $ 295,003 $ 1,282,109 $ 245,140 $ 162,109,007 $ 71,547,332 The following schedule shows debt service requirements to maturity for the County's proprietary funds obligations: J/ Fiscal Solid Waste Water andSe~ser Year Re~nue Bonds Revenue Bonds Total Principal Interest Principal Interest Principal Interest 2009 305,000 9,531 10,380,000 956,729 10,685,000 966,260 2010 - - 395,000 536,471 395,000 536,471 2011 - - 415,000 516,724 415,000 516,724 2012 - - 435,000 495,634 435,000 495,634 2013 - - 465,000 472,596 465,000 472,596 2014-2018 - - 2,705,000 1,965,649 2,705,000 1,965,649 2019-2023 - - 3,060,000 1,166,563 3,060,000 1,166,563 2024-2028 - - 1,995,000 502,138 1,995,000 502,138 2029-2033 - - 670,000 50,388 670,000 50,388 Total S 305,000 $ 9,531 $ 20,520,000 $ 6,662,892 $ 20,825,000 $ 6,672,423 D. Bond Covenants Bailing and Recycling Facility The Solid Waste System Revenue Refunding Bonds, Series 2002, requires the landfill to deposit monthly into the sinking fund; one-sixth of the interest becoming due on the next interest date, one- twelfth of the principal becoming due on the next principal maturity date, and one-twelfth of the maturity amount of compounding interest becoming due on the next principal maturity date, plus one- twelfth of the amortization for any term bonds becoming due in the current year. The County has agreed on the above bonds to establish and maintain rates that will provide for 115 percent of the debt service requirement and 100 percent of the operating expenses and the reserve account credit facility costs, if any, during the year. The following table indicates the degree of compliance with the bond resolution covenants in the Bailing and Recycling Facility Fund at September 30, 2008. HO ITEM NO. VI-M DATE: 07/14/09 • ~ . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Faye W. Outlaw, M.P.A. SUBMITTED BY: Administration County Administrator SUBJECT: Economic Development Council Third Quarter Invoice BACKGROUND: See attached memorandum FUNDS AVAILABLE: 001-1515-582000-100 -Aid to Private Organization $50,000 666-1515-582000-100 -Aid to Private Organization $12,500 PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board acceptance of the Third Quarter Report from EDC as fulfilling the requirements of the Contract and authorization for disbursing payment in the amount of $62,500 towards the matching grant. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel McIntyre Mai Gouin Patty Marston Originating Dept. ( ) ERD ( ) a W. Outlaw, (Name) M.P.A. ~ = ~ ~ ~ COUNTY ADMINISTRATION MEMORANDUM 09-073 TO: Board of County Commissioners FROM: Faye W. Outlaw, M. County Admini for DATE: July 14, 2009 RE: Economic Development Council -Accepting the Third Quarter Report and Authorizing Matching Grant Funds Payment BACKGROUND The Board of County Commissioners entered into a contract on October 14, 2008 (C08-10- 594) agreeing to disburse a grant, in the amount of $150,000, to the Economic Development Council of St. Lucie County for FY 2008-2009. On January 6, 2009, the Board agreed to amend Contract 08-10-594 increasing the amount to $250,000. The increase was made with the understanding that prior to any quarterly payment of $62,500, EDC would provide St. Lucie County quarterly interim reports showing that the goals and objectives have been met, as outlined in the Contract. Therefore, attached is a copy of the Third Quarter Activities Report, as well as Invoice #786, in the amount of $62,500. RECOMMENDATION Staff recommends acceptance of the Third Quarter Activities Report from the Economic Development Council of St. Lucie County, and authorization for disbursing payment in the amount of $62,500 toward the matching grant. FWO~dp 09-035 c: Lee Ann Lowery, Assistant County Administrator Dan McIntyre, County Attorney Marie Gouin, Management and Budget Director Attachments R 1850 SW FOUNTAINVIEW BLVD., STE 205 Invoice E PORT ST. LUCIE, FL 34986 ecowoneK oEVE<oPnnenir Date Invoice # 6/12/2009 786 St. Lucie County ` - 7 Z Faye Outlaw I.~ JUL pQ9 2300 Virginia Avenue Fort Pierce, FL 34982 C~ ~?~~iIN. OF~~CE Due Date 7/12/2009 Quantity Description Rate Amount Investment Partnership (FY OS-09 $250,000) quarterly invoice for April -June 2009 62,500.00 62,500.00 Thank you for your prompt payment. If you have questions concerning your invoice, please contact 772-879-4144. TOtaI $62,500.00 Economic Development Council of St. Lucie County, Inc. Activities Report -Fiscal Year 2008-09 Q3 RECRUITMENT During the third quarter of FY 2008-09, active recruiting efforts included: • Proiect 1 (manufacturer) -three contacts with the prospect, assisted the prospect in submitting a GPO application to Enterprise Florida, and hosted a conference call between the prospect and Enterprise Florida. • Proiect 2(manufacturer) -participated in a factory tour, facilitated a meeting with the prospect and the county administrator, facilitated a meeting between the prospect, USDA scientists and a local grower; submitted four possible site selections to the prospect. Proiect 3 (professional services) -participated in the third site visit by the prospect, submitted a Memorandum of Understanding to the prospect. Proiect 4 (manufacturer) -Met with the prospect's consultants. • Proiect 5 (information technology) -participated in a conference call with the prospect, met with the city manager regarding the project and assisted in submitting a Letter of Intent to the prospect. • Proiect 6(manufacturer) -participated in a conference call with the prospect, assisted the prospect in submitting a GPO to Enterprise Florida, and met with the prospect and Indian River State College to discuss submitting a QRT application to Enterprise Florida. Proiect 7(manufacturer/distributor) -participated in two meetings with the prospect and hosted a meeting with the prospect and the research park director. Participated in factory tours of two established manufacturers interested in relocating to the county. • Participated in a conference call with an established for-profit research institution interested in relocating to the county. BUSINESS RETENTION AND EXPANSION EDC continues working with companies already located within the county including: Proiect S - a manufacturer in Fort Pierce with expansion plans to begin operating a division for low-cost solar technologies. Introductions, outline of project, and facility tours were coordinated with county, city, and FPUA • Proiect 9 -potential expansion of existing business. EDC supplied company with several options for new site expansion. Projections include approximately $5,000,000 capital investment in new equipment and the building (excludes land cost) and potentially 10 new jobs. • Assisted Oxford Management Services in obtaining a Quick Response Training Grant to train 303 new employees; partnered with Workforce Florida, Inc. and Indian River State College. • Continued assisting East Coast Plastics, a new Port St. Lucie business, with their St. Lucie County Ad Valorem Tax Abatement application /process and followed up with decision by the BOCC. East Coast Plastics will also receive an Ad Valorem Tax Abatement from the city. • EDC contacted Port St. Lucie City Manager regarding a temporary occupancy permit on behalf of two expanding companies within the city, one company dependant on the other's relocation. • Proiect 10 -Assisted with potential sites for expanding local retail-distribution company. Twenty five local businesses were targeted to participate in the Business Retention & Expansion (BRE) Program to identify companies ready for expansion or at risk, understand Local businesses' needs, trends and other factors that might lead to expansion or relocation and establish ongoing communication between the public and private sector. Partners interviewing these companies include the Chamber of Commerce BRE committee of seven. The EDC staff continues to develop relationships with the staffs at the county and cities to better assist new and existing businesses as their needs arise. C:\Users\.lbylsmaWppData\LocaMAicrosoft\Windows\Temporary Internet Files\Content.0utlook`.IXH1 VFZO\EDC Activities Report FY 08-09 03.doc MEMBER RELATIONS Respond to all inquiries from membership providing information, introductions and follow-up. During the third quarter of FY08-09, the EDC lost $10,500 in revenue from nine investors due to the economic downturn; and added $4,000 from the private sector. The EDC has verbal commitments from several companies from whom we project approximately $20,000 in new membership revenue. In collaboration with Indian River State College's Community & Corporate Training Institute, eight Learn C Lunch workshops were scheduled and are presented monthly, March through October. The workshops are given by EDC members and attended by entrepreneurs and local business owners to gain an understanding of the realities of business ownership and challenges of entrepreneurship. COMMUNICATION EDC staff routinely meets with the mayors, council members and administrative staff of both cities, and commissioners and staff at the County to make sure lines of communication are open and that the EDC is a constant resource for both cities and the County. We are also in close and constant communication with the St. Lucie County School Board. The EDC hosted a monthly meeting of its members (Coffee Talk) with invited guests of Commissioner Dzadvosky, PSL City Manager Don Cooper, and Assistant County Administrator Lee Ann Lowery. The EDC participated in the monthly meetings of the Treasure Coast Education, Research and Development Authority Board, the Florida's Research Coast Economic Development Coalition, and the Treasure Coast Council of Local Governments. The EDC, at the request of the City of Port St. Lucie and St. Lucie County, hosted an Economic Roundtable to provide for an open dialogue between public officials and private businesses. The discussion on public policy and economic development was intended to find ways to define public and private sector initiatives that will assist in economic recovery. Retained a public relations, McNicholas Associaes, to assist in media and promotion strategies for the EDC as well as the TCERDA research park. Announced the hiring of Andy Treadwell as Asst.VP. Andy was previously employed as Legislative Assistant for Senator Pruitt and is being trained to work with both relocation and local companies' expansions. He is also working on alternative energy and fuels strategy development C:\Users\.lbylsmaWppData\LocaMAicrosoft\Windows\Temporary Internet Files\Content.Outlook~.lXHiVFZO\EDC Activities Report FY 08-09 03.doc .t`aa, ~„yr _ ~ : F _ . AGENDA REQUEST ITEM NO. VIII DATE: July 14, 2009 ® REGULAR [X] © o PUBLIC HEARING - Leg. [ ]Quasi-JD [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Midway Road Improvement Project Ravinia Investments, LLC Portion of Parce13403-502-0200-000/9 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: 101006-4116-5 61007-4118 Transportation Trust-Impact Fees PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Ravinia Investments, LLC, authorize the Chair to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals ~.~`i . •r ~ [x] County Attorney: [x] Engineering: ~~~~V [x] Public Works: ~ . Daniel S. McIntyre Michael Powley Don We [x] Originating Dept: ~Mk- JoAnn Riley S:\ACQ\WPUane,\wlidway Road\Centerline Homes Ravinia\A2enda.wpd - ~ PROPERTY ACQUISITION DIVISION a 1VIEIVIORANDUIVI TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 14, 2009 SUBJECT: Contract for Sale and Purchase Midway Road Improvement Project Ravinia Investments, LLC Portion of Parcel 3403-502-0200-000/9 BACKGROUND: St. Lucie County is in the process of a Road Improvement Project to widen Midway Road for approximately 2.2 miles beginning East of the Florida Turnpike Bridge and terminating at South 25'h Street. We will widen Midway Road to provide two 12-feet wide through travel lanes and one 4-feet wide bicycle lane in each travel direction with 6-feet wide sidewalks. A raised median will divide the roadway. The footprint for Midway Road will need to accommodate in the future two additional lanes in accordance with St. Lucie County's Long Range Transportation Plan. We will construct stormwater management facilities (ponds) to accommodate the additional roadway drainage. A portion of Ravinia Investments, LLC, as shown on the attached map, has been designated as one of these pond sites. Two appraisals were done by the County's independent appraisers. Callaway and Price, Inc. valued the pond site at $280,000.00 and $55,000.00 for cost to cure for n total of $335,000.00. Fuller-Armfield-Wagner appraised the pond site for $210,000.00 and $83,250.00 for cost to cure for n total of $293,250.00. The costs to cure include revision to Ravinin's site plan and plat to accommodate the County and the need for stormwater pond sites for the Midway Road Project. Ravinia was presented with the $335,000.00 offer and accepted the contract. We have attached the Contract for Sale and Purchase and the cost to cure for your review and approval. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Ravinia Investments, LLC, authorize the Chair to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, ``JoAnn Riley Property Acquisition Manager ~ i ~ _ _ ~ _ J I - _ _ _o _ Z ' ' G 'W Z _ Z G d' ! - O - W W - N ~ y ~ _ ?Z i I F _ . C > I (_..__.._Z J i i H..... 'i ~ W i I ~ ~ tq T---- ~ i ~ ~ I_ ~ V i I i ; i. - ~ I I ~ L.._ I i - < ~ i I t _ ~ _ i _ ~ i _ i.: _ I i ~ 1 _ 1 : _ --i _ ~ _ ~ - i____ _ _ _ . W MIDWAY RD - _ - _ i - i ~ z j l ___J _ . _ gua ~ ; 1 m' l ~ I ' ~ DANIELS ST ` , GRAY TWIG LN ~I ~ I; r ~ _ _ _ 1. _ _ ~ _ _ i fi.......~ ll Z ,I ~ ~ ii ~ RAINBOW-DR--I- i i ~ ~ L ~ ~ _ - ~ _ , , I. ~ - ~ , . . { i J ~ J ~ Z f 1 i ~ ~ i 12 . ~ a ~ . _ N ~ a ~..c, I ~ ~ ~ 3 -i - ~ z _ - N l l o ; ~ I _ ~ -i , i ~ I I _.a ~ G _ _ L....- ~ , i a, - ---r-- - - , ; ~ ~ i i i Z ' T N W R CT ~ ' rl - ~ ELIEF Ir I` ~ ~ , o- ~ ~ - I ~ 1 I I d' ! I - i - T _ - _ a ~ ..~-p ~ ~i _ W SCEPTER ~R t Z t7 ~ _ - - i~_._... ,3 ~ -c ; ~ z _ r ~ yl , _ - ~ ~ ~ - l i ~ ~ r -rte ~ ~ ' ( ~ r NW TELFO VE. . 1.: _ _ _ I PROJECT NAME: Midway Road Improvement Project PARCEL: RAVINIA INVESTMENTS, LLC -Portion of Parcel # 3403-502-0200-00019 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2009, RAVINIA INVESTMENTS, LLC, whose mailing address is 825 Coral Ridge Drive, Coral Springs, Florida, 33071 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" to be used for stormwater purposes, together with all improvements and personal property located thereon as may hereinafter be specifically described in Exhibit A as well as the easement attached as Exhibit F. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price Three Hundred Thirty-Five Thousand and 00/100 Dollars, determined to be the total of the following: ($335,000.00) Real Property Parcel Portion of I.D. 3403-502-0200-00019 5.54 acres $280,000.00 Other Improvements upon the Land (described, if any) NIA Other -Cost to Cure damages from the Acquisition $ 55,000.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, 1 adjustments and pro-rations as of the date of closing. 2. INITIAL DEPOSIT Within ten (10) business days after the Effective Date, which is the date the PURCHASER approves the contract, PURCHASER shall deposit with Leopold, Korn, Leopoid, & Snyder, P.A. (the "Escrow Agent") an initial deposit in the amount of Ten Thousand and 00/100 dollars ($10,000.00). If PURCHASER delivers written notice of termination of this Agreement to SELLER and Escrow Agent prior to expiration of the Inspection Period, as herein defined, Escrow Agent shall return the Initial Deposit to PURCHASER. 3. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 4. TITLE MATTERS. Within fifteen (15) business days after the Effective Date, 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. No more than thirty (30) business days after the Effective Date, PURCHASER should provide SELLER with written notice of any matters set forth in the Title Commitment that are unacceptable to PURCHASER (the "Title Defects"). Any matters set forth in the Title Commitment to which PURCHASER does not timely object or to which 2 PURCHASER waivers it's objection shall be referred to collectively herein as the "Permitted Exceptions." SELLER shall have no more than ten (10) business days after receipt of such notice to try to cure such Title Defects or to notify PURCHASER in writing that SELLER cannot or will not cure the Title Defects. 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 partied 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. 5. 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. 6. 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. 7. 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. 3 8. 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. 9. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 10. CLOSING. The closing shall be on or before September 17. 2009 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. 11. 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. This provision notwithstanding, SELLER shall not be required in person and shall be permitted to provide PURCHASER or PURCHASER'S agent with closing material via overnight provider. 12. 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. 4 13. 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. 14. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand. 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. 15. 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. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER 5 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 there under; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or 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 6 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 7 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 day of , 2009. RAVINIA INVESTMENTS, LLC By Witness It's Witness 8 STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by it's of RAVINIA INVESTMENTS, LLC who is personally known to me or who has produced a drivers license issued within the last five years as identification. Notary Public My Commission Expires: (Printed, Typed or Stamped Name of Notary Public) EXECUTED by PURCHASER this day of , 2009 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS County Attorney 9 EXHIBIT "A" , ~ -n; _ _ ,~r_. ~ _ r _ - . I - f., l ,..t r'. i r ,~F, .,o~'. ~ I _ _ + ~ i A ~ I . m'. < r,.. t` v~`.,. b I f! ~r~ f j f;~%i' ~h3~ ~.ti'~ `ce `~'2 t.4 ` ay ( i ~ ~ ~ ~ r ~ y I i c _ S ~t ~ . I - t ' ~ , ` ~ C ~ tip. o `r~I' p. ~ I ~ ' S" y II~ I t I h r I~ It * - - - t + - F 1 ~ r t~ ~ ~ ~ I I I' ~1 I 1 1 ~ ` .,r , ~ I I ~'r . - r t : ~ T~ ~ I'll o.'~{ '~7*, '1,~ lid , I -i__ ~ 4:. ` r, ~ ~ ~ I ~ 10 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 11 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 13 EXHIBIT "F" r r - - _ - ~ , - - _ - - - - .;t JJ _ .'y; C~ - ~ i., r .'~k ~ I ~ < m r r ~ r' A3 ~ a 6., .'t. ~ I t- ~ _ ~ ~ -'J - err' .'h~. =i S ril ~ t + - - ~ - + - + - I ~.Y j , . j ~ ~ i :iii ii ~ r_4 i..{~ H.~~`i"~:~ ,r,~,:' ~ - I ~ ~I - _ . I - T +.i L ,..1. 15 Callaway & Price, Inc. Real Estate Appraisers And Consultants www.callawayandprice.com Licensed Real Estate Brokers Please respond to Fort Pierce office FORT PIERCE/STUART E-Mail: info@callawayandprice.com 500 South U.S. Highway 1 Suite 107 Fort Pierce, FL 34950 May 14, 2009 Phone (772)464-8607 Fax (772)461-0809 Stuart Phone (772)287-3330 Fax (772)461-0809 Ms. Janet LiCausi Harry D. Gray, MAI; SRA Property Acquisition Division St. Cert.Gen.REA RZ662 St. Lucie County Stephen G. Nei11, Jr., MAI 2300 Virginia Avenue St. Cert. Gen. REA RZ2480 Fort Pierce, FL 34982 WEST PALM BEACH Dear Ms. LiCausi: 1639 Forum Place Suite 5 West Palm Beach, FL 33401 We have made an investigation and analysis of the 60.18-acre Phone (561)686-0333 Fax (561)686-3705 parcel located on the south side of Midway Road and the east side Michael R. Slade, MAr, SRA, CRE of Christensen Road in Fort Pierce, Florida. The Subject Property sr.cerr.Gen.REA Rz116 will be further described both narratively and legally within the Daniel P. Hrabko, MAr following Summary Appraisal Report. The purpose of this sr.cert.Gen.REA Rz48 investigation and analysis was to provide our opinion of the Market Stephen D. Shaw, MAI Value of the Fee Simple Estate of the Part to be Acquired, plus St. Cert.Gen.REA RZ1192 damages to the remainder, if any, of the Subject Property as of MELBOURNE/INDIALANTIC April 29, 2009. 114 6th Avenue, Suite 3 This re ort has been re ared for our client St. Lucie Count Indialantic, FL 32903 P P P ~ Y Phone (321)726-0970 Property Acquisition Division. The intended use was to assist the Fax (321)726-0384 client in evaluation for acquisition purposes. The scope of work Curtis L. Phillips, MAr performed is specific to the needs of the intended user and the St. Cert.Gen.REA RZ2085 intended use. No other use is intended, and the scope of work may not be appropriate for other uses. The scope of work SOCA RATON performed included a complete analysis of the Subject Property Phone (561)998-8088 Fax (561)686-3705 with no omitted approaches to value. A detailed scope of work Daniel P. Hrabko, MAI description can be found in the body of this report. St. Cert. Gen. REA RZ48 Based upon the scope of the assignment, our investigation and FOUNDERS analysis of the information contained within this report, as well as Joe R. Price, MAI, SRA our general knowledge of real estate valuation procedures and St. Cert.Gen.REA RZ555 market conditions, it is our opinion that total compensation due as Robert J. Callaway, MAI, SRA of April 29, 2009 is: St. Cert. Gen. REA RZ505 $335,000 Ms. Janet LiCausi Property Acquisition Division St. Lucie County May 14, 2009 Page two This total compensation is summarized as follows: Value Estimate of the Sub'ect -Before the Ac uisition $2,400,000 Value of the Portion to be Ac wired $280,000 Value of the Im rovements $0 Total Dama es Cost to Cure from the Ac uisition $55,000 TOTAL COMPENSATION $335,000 A description of the property appraised, together with an explanation of the valuation procedures utilized, is contained in the body of the attached report. For your convenience, an Executive Summary follows this letter. Your attention is directed to the Limiting Conditions and underlying assumptions upon which the value conclusions are contingent. Respectfully submitted, CALLAWAY & PRICE, 'INC. ~Z~1 . Harry D. Gray, MAI, SRA State-Certified General Real Estate Appraiser RZ662 Anthony D. Vercillo State-Certified General Real Estate Appraiser RZ2956 HDG/ADV/cIc:09-61064 Attachments FULLER-ARMFIELD-WAGNER AFFraisal & Research, Inc. Daniel D. Fuller, MAI, SRA 120 North Second Street Phone (772) 468-0787 St. Cert. Gen REA 1tZ567 Fort Pierce, FL 34950 1-800-273-7364 email: FAW_app(~bellsouth.net Fax (772) 468-1103 May 19, 2009 St. Lucie County Board of County Commissioners C/o Ms. JoAnn Riley Property Acquisitions Manager 2300 Virginia Ave. Fort Pierce, FL 34982 RE: Centerline Homes at Ravinia PUD, fronting the south side of Midway Road '/4± west of S. 25th St., St. Lucie County, Florida. Dear Ms. Riley: Per your request, I have inspected the area of a proposed acquisition along with the Parent Parcel, a portion of the Centerline Homes at Ravinia PUD. My inspection and analysis was for the purpose of providing you my opinion of the market value of the acquisition, and if applicable provide my opinion of severance damages caused by the acquisition. The date of appraisal is May 9, 2009, my last date of inspection. The appraisal meets the re4uirements of the Uniform Standards of Professional Appraisal Practice (USPAP), presented to you in a Summary report format. The appraisal and report are subject to the Ordinary Limiting Conditions, Extraordinary Assumptions and Certification included within this report. Based on my inspection, review, and analysis, my opinion value of the market value of the fee simple interest in the acquisition, plus severance damages, as of May 9, 2009, is: • Acquisition - $210,000 • Cost to Cure- $ 83,250 Total Acquisition $293,250 I believe you will find the appraisal and report complete, but if questions exist please contac eat your convenience. Si 'cer I , i / ni I uller, MAI St. Ce .Gen. REA RZ567 DDF/asf f:commfile 18962 Julian Bryan & Associates, Inc. May 11, 2009 PROPOSAL SUMMARY Nick Gluckman Centerline Homes Inc. 1511 E. State Road 434, Suite 1009 Winter Springs, FL 32708. RE: RAVINIA PUD, St. Lucie County, FI. Dear Mr. Gluckman, The firms of Julian Bryan & Associates, Schnars Engineering Corp., Perimeter Surveying and M.T. Schale & Associates are pleased to submit the following fee estimates for professional consulting services in conjunction with the above project. It is understood that our proposed scope of services shall be limited to the preparation and approval processing of the revised final site plan, plat, civil engineering plans, permit modifications and revised landscape plans. These revisions are as a direct result of the acquisition, by St. Lucie County, of two tracts totaling approximately 5.6 acres. These tracts will be removed from the Ravinia PUD and will be utilized for storm water management for the widening of Midway Road. The following is a summary of those proposals. Landscape revisions M.T. Schale $1,250 Civil Engineering & S.P. base files Schnars Engr. $12,000 Permit revisions, cost estimates Schnars Engr. $ 9,000 Plat revisions, processing, surveys Perimeter Surveying $12,500 Site plan amendment, processing Julian Bryan & Assc. $15,500 developers agreement, etc. Filing & Permit Fees (all applicable agencies) 8 000 TOTAL REQUIRED TO AMEND & REAPPROVE ALL PLANS $58,250 The above are considered to be lump sum items and will not be exceeded unless additional changes/revisions are sought by St. Lucie County. Please feel free to contact me directly at 561-350-3155, with any questions regarding this fee proposal summary. Sincerely, Julian Bryan C:\Documents and Settings\IicausijlLocal SettingslTemporary Internet Files\Content.Outlook17JM3MW21\Ravinia proposal summary.doc Land Development Consultants • PO Box 810144 • Boca Raton, Florida 33481-0144 • 561.350-3155 office 561.338-5996 fax Page 1 of 1 1 - ITEM NO. IX DATE: 07/14/09 i • AGENDA REQUEST REGULAR (X ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: An Administrative Hearing for Felix Associates -Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to deny the protest of Felix Associates for Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements. COMMISSION ACTION: CONCURRENCE: ) APPROVED (X) DENIED ( ) OTHER ~~Y 3-2 MOTION FAILS COMM. Faye W. OUtIaW, MPA GRANDE, CRAFT AND COWARD County Administrator VOTING AGAINST. Coordination/Signatures County Attorney (X) Budget Analyst (X) Dan McIntyre Robert O'Sullivan Purchasing (X) Public Works (X) W - Desiree Cimino on West Office of Management & Budget/Purchasing ~ • MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: July 14, 2009 SUBJECT: An Administrative Hearing for Felix Associates -Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements ITEM NO. IX Background: On May 5, 2009, the Board of County Commissioners approved advertising for the Invitation to Bid for the Walton Road Project US-1 to Village Green Drive City Center Improvements. The Bid was advertised on May 10, 2009, with an opening date of June 10, 2009. On June 10, 2009, responses to Bid No. 09-032 for the Walton Road Project were opened. Six bids were received; 512 companies were notified and 84 bid documents were distributed. Based on staff review of the bid submittals, it was determined that the bid documents that were distributed lacked clarity regarding the tight construction schedule. The construction schedule impacts Phase II of the project which is federally funded. To ensure the federally funded project is not jeopardized, it is a requirement that the schedule be met. This was not clearly spelled out in the bid documents. In order to be fair to all bidders, staff has determined that all bids should be rejected, revisions to the bid documents should be made and the bid for the Walton Road Project should be re-advertised as a Local Preference Project, not a Local Stimulus Project. Felix Associates sent a letter dated July 6, 2009, (Attachment 1) protesting the rejection and re- bidding of the Walton Road Project. After reviewing their protest, on July 7, 2009, a letter was sent to Mr. Amato (Attachment 2) denying his protest and informing Felix Associates to their right to an administrative review. On July 7, 2009, Felix Associates sent a letter (Attachment 3) stating they disagreed with staff's conclusion that the bid documents lacked clarity and therefore, should not be rejected. They also requested their right to an administrative hearing. On July 8, 2009, St. Lucie County responded to the letter (Attachment 4) advising Mr. Amato that staff stands by their earlier recommendation and notifying him of the date and time for the Administrative Review. Recommendation Board approval to deny the protest of Felix Associates for Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements. ATTACHMENT 1 851 SW Darwin Blvd. P.O. Box 735 Port St. Lucie, FL 34953 Mamaroneck, NY 10543 July 6, 2009 Marie Gouin Director of Management and Budget St. Lucie County Purchasing Division 300 Virginia Ave., Room 228 Ft. Pierce, FL 34982 Re: Proposed Rejection of Bid #09-032 Walton Road Project - US 1 to Vllage Green Drive City Center Improvement (Economic Stimulus) Dear Ms. Gouin: Please accept this correspondence as Felix Associates' formal protest of the proposed rejection of all bids in connection with the above referenced project. As you are no doubt aware, the above project was bid in accordance with 8t. Lucie County Ordinance 09-008 relating to local economic stimulus. That ordinance notes that St. Lucie County has ,one of the highest foreclosure rates in the nation and the highest unemployment rate in the Treasure Coast region. Public works. projects like the Walton Road Project play a critical role in providing some measure of relief to County residents by providing employment opportunities. Indeed, Felix Associates, a St. Lucie County based local preference contractor, has committed in its bid to utilizing 75% local materials and subcontractors and a full 80% for total Tabor. Felix Associates is able to exceed the local labor goal in part because nearly 60% of its full time employees are County residents. We believe that a decision .to reject all bids would frustrate the purpose of the Ordinance and delay, perhaps subs#antially, the relief to County residents that the jobs created and kept by this project provides. Rejecting all bids would not automatically result in a cost savings on the project and in fact the opposite may be true. The bids submitted by participating contractors were very tightly grouped with a difference of only a few thousand dollars between bidders two, three and four. While the lowest bid was lower than this group by several hundred thousand dollars, a review of that bid (which was non responsive because they failed to meet the local economic stimulus percentages per ordinance number 09-008) shows that this difference was the result of an estimating error and therefore the County should have no realis#ic expectation that it will receive a number this low again if the project is re-bid. Specifica!!y, H8~J Contracting used unit prices of $12.22 per square,yard and $12.66 per square yard respectively for optional base group 6' (5 inches thick) and optional base group 11 {7 inches thick} Type B 12.5 asphalt base. These numbers are obviously flawed and likely represent unit prices for coquina base rock as opposed to asphalt base as required by the plans and specifications. General Contracting Site Development Utility Construction Communications Phone: (772) 879-6510 Fax: (772) 879-7485 ATTACHMENT 1 851 5W Darwin Blvd. L P.O. Box 735 Port St. Lucie, FL 34953 Mamaroneck, NY 1043 By contrast, Felix Associates unit prices were $22.75 and $30.60 respectively which are in line with numbers quoted to Felix by subcontractors seeking to perform this work. Additionally, published information shows that the Florida Department of Transportation has paid an average of $35.73 per square yard for Type B 12.5 asphalt base group 11 (7 inches thick) over the past year. H&J Contracting included a total amount of $338,001.00 for #his asphalt base work. Felix Associates' total number for this work is $794,493.00. Just purchasing the material in the quantity listed in the plans and specifications FOB Plant at $70.00 per ton will cost over six hundred and thirty thousand dollars and this figure does not include the cost, of hauling the material to the project and placing the material. It could not be clearer that H8~J Contracting's bid is based on flawed unit prices. Further, public information relating to another recenfi bid shows that H&J' used a unit price of $29.85 per square yard for optional base group 11 (7 inches thick) in its bid for the Becker Road Project Phase II, Segment 2. -Based on the foregoing analysis it is clear that H&J Contracting's unit prices are incorrect and therefore the County should have no realistic expectation that it will receive another bid in that price range in connection with any re-bid of the project. In closing, we respectfully request that the County recommend award to the lowest responsive bidder, Felix Associates', (instead of re-bidding the project, both because of the urgent need for relief to County residents as described in County Ordinance 09-008 and because the tight grouping of the bid numbers show that the County is receiving a fair price below the engineer's estimate for the work and it is unlikely that a re-bid -would result in a lower cost to the County. Sincerely, f~ J . • Vincent J Amato, V.P. Felix Associates General Contracting Site Development Utility Construction • Communications Phone: (772) 879-6510 Fax: (772) 879-7485 ATTACHMENT 2 , QOARD OF y COUNTY ® PURCHASING ® ~ DIVISION COMMISSIONERS Mr. Vincent J. Amato Via Facsimile and U.S. Mail Felix Associates 851 SW Darwin Bfvd. Port St. Lucie, FL. 34953 Date: July 7, 2009 Subject: Bid No. 09-032: Walton Road Project - US-1 to Village Green Drive -City Center Improvements Dear Mr. Amato, Staff received your letter dated July 6, 2009, protesting St. Lucie County's decision to reject all bids and re-bid the project. Staff also received a protest from H&J Contracting, Inc. A staff committee consisting of the County Administrator, County Attorney and the Management and Budget Director reviewed your protest and have decided to deny the protest on the following grounds: All submittals are being rejected due to the fact that the bid documents that were distributed lacked clarity regarding the tight construction schedule and the potential impact on the subsequent federally funded project. The following statement is from Bid No. 09-032, page 2, Invitation to Bid: The Board of County Commissioners reserves the right fo waive any informalities or minor irregularities; reject any and all bids/proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or part with or without cause; and accept the proposal which best serves the County. This item was originally going to be presented to the Board of County Commissioners on Tuesday, July 7, 2009, but has been pulled due to the protests. This item will now be presented to the Board of County Commissioners at the Commission meeting on Tuesday, July 14, 2009, requesting permission to reject all bids and re-bid the project. I am attaching a copy of the County's protest policy to this letter. Should you wish to pursue administrative review, please let me know within 24-hours of receipt of this letter. St. Lucie County looks forward to receiving bids/proposals for future projects from your firm. If you have any questions, I can be reached at (772) 462-1700. Thank you for your interest in working with St. Lucie County. Sincere) , Marie M. Gouin Management & Budget Director C: County Administrator County Attorney CHRfS DZADOVSKY, District No. 1 DOUG COWARD, Disrrlcr No. 2 PAULA A. LEW1S, District No. 3 CHARLES GRANDE. Disrrlcr No. 4 • CHRIS CRAFT. District No. 5 County Adminisrroror - Foye W. Ourlow, MPA 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Phone (772) 462-1700 FAX (772) 4b2-1704 • TDD (772) 462-1428 web site: www.stlucieco.org ATTACHMENT 2 7.8 RESOLUTION OF SOLICITATION AND PROPOSED AWARD PROTESTS a. RIGHT TO PROTEST: Any actual or prospective bidder or offeror who believes he is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Director of Management and Budget. The protest shall be submitted in writing within twenty-four (24) hours after such aggrieved person knows or should have known the facts giving rise to the alleged grievance. b. RESOLUTION OF PROTESTS: 1. The Director of Management and Budget shall consult with the County Attorney concerning any protest involving the solicitation or prospective award of a contract bid. Following consultation with the County Attorney, the Director of Management and Budget shall attempt to resolve the protest. 2. If the protest is not resolved by mutual agreement between the protesting vendor and the Director of Management and Budget, the Director of Management and Budget shall consult with the County Administrator and -the County Attorney and issue a final written decision on the protest. Copies of the written decision will be mailed to the protesting vendor and any other vendor requesting a copy. Copies shall also be distributed #o the County Administrator and the Department Nead. The written decision shall: (a) State the reasons for the decision. {b) Inform the protesting vendor of his right to administrative review. 3. The protesting vendor may request an administrative review of the decision issued by the Director of Management and Budget to the Board of County Commissioners by filing a petition of appeal with the County Administrator within 24 hours of the date of the decision by the Director of Management and Budget. The Board of County Commissioners shall review the petition at a public meeting within thirty {30) calendar days from the date of filing the appeal. The protesting vendor shall be provided reasonable notice of the time, date, and place of the public meeting by certified mail, return receipt req"uested, and invited to attend. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an extension of time is granted by the Board. Copies of the decision of the Board shall be distributed to the protesting vendor and any other party intervening. c. STAY OF PROCUREMENT DURING PROTESTS: In the event of a timely protest, the County shall not proceed further with the solicitation or award of the contract pending resolution of the protest by the Director of Management and Budget, issuance of a written decision by the Director of Management and Budget as provided above, or determination by the Board of County Commissioners that award of the contract must be made without further delay in order to protect the substantial interests of the County. ATTACHMENT 3 851 SW Darwin-Blvd. L P.O. Box 735 PortSt. Lucie, FL 34953 Mamaroneck, NY 10543 . July 7; 2009... Marie Gouin Director of Management and Budget St. Lucie County Purchasing Division 3.00 Virginia Ave., Room 228: Ft: Pierce, FL 34982 , Re: Proposed Rejection :of Bid #09-032 Walton Road Project: - US 1 to Village Green Drive City Center Improvement (Economic Stimulus) ...Dear Ms. Gouin: Please accept this letter as our formal petition of appeal and .request for an administrative review of the. decision to deny our bid protest and proceed`ta reject all bids in connection.with Bid No: 09-032:1Nalton Road Project - IJ.S. 1 to Village Green Drive -City Center Improvements. In addition to the rational set forth in our protest letter; .we, disagree that the bid documents were in any way lacking in clarity and stand.ready, willing and-able to perform the work in 150 days in accordance the bid package. and specifically Addendum #2. Sincerely, Vincent J Amato; V.P. Felix Associates General Contracting Site Development Utility Construction' • `Communications Phone: (772) 879-6510 Fax: -(772) 879-7485 ATTACHMENT 4 • BOARD OF COUNTY ® PURCHASING g ~ DIVISION COM1vvISSIONERS July 8, 2009 Via: Facsimile (772} 879-7485 Hard Copy: Certified Mail Mr. Vincent J. Amato Felix Associates 851 SW Darwin Blvd. Port St. Lucie, Fl_. 34953 Re: Bid No. 09-032 -Walton Road Project - US-1 to Village Green Drive -City Center Improvements Dear Mr. Amato: This letter is in response to your letter dated July 7, 2009. Although, you disagree with County staff's conclusion to reject all bids and re-bid the Walton Road Project, we stand by our recommendation. The construc#ion timeline is a crucial element of the Walton Road Project and the bid documents that were distributed did not strongly convey that to the bidders. You have requested an Administrative Hearing and one has been scheduled for the July 14, 2009, St. Lucie County Board of County Commissioners meeting. The meeting wil! start at 9:00 A.M. and your hearing will be held soon thereafter. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless the Board grants an extension of time. Copies of the decision of the Board shall be distributed to the protesting vendor and any other party intervening. Sincerely, Marie ouin Management and Budget Director c: County Administrator County Attorney Public Works Director County Engineer CHRIS DZADOVSKY, Disrricr No. 1 DOUG COUTARD, Disrricr No. 2 PAULA A. LEWiS. Dtsrticr No. ~ CHARLES GRANDE, Disrricr No. 4 • CHRlS CRAFT, Disrricr No. 5 Covnry Adminisrraror • Foye W. Ovrlow, MPA 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Phone (772} 462-1700 FAX (772) 462-1704 TDD (772) 462-1428 web sire: www.srlucieco.org ITEM NO. X ~ DATE: 07/14/09 • • - AGENDA REQUEST REGULAR (X ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin r~~~'/ SUBMITTED BY: Office of Management & Budget/Purchasing Director {L~ SUBJECT: Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 318-4113-563000-464 County Capital -Transportation Bond -Local Option Gas Tax (pending BOCC approval) PREVIOUS ACTION: May 5, 2009 - BOCC approval for permission to advertise bid. RECOMMENDATION: Board approval to reject all bids and approval to re-advertise in accordance with the Local Preference Ordinance No. 09-005. COMMISSION ACTION: CONCURRENCE: ( 1 APPROVED ( ) DENIED (X) OTHER Faye W. Outlaw, MPA Pulled County Administrator i~~ Coordination/Signatures i County Attorney (X) Budget Analyst (X) Dan McIntyre Robert O'Sullivan Purchasing (X) C Public Works (X) w' Desiree Cimino Don West Office of Management & Budget/Purchasing ~1- MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: July 14, 2009 SUBJECT: Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements ITEM NO. X Background: On June 10 2009, responses to Bid No. 09-032 for Walton Road Project US-1 to Village Green Drive City Center Improvements were opened. Six bids were received; 512 companies were notified and 84 bid documents were distributed. Based on staff review of the bid submittals, it was determined that the bid documents that were distributed lacked clarity regarding the tight construction schedule. The construction schedule impacts Phase II of the project which is federally funded. To ensure the federally funded project is not jeopardized, it is a requirement that the schedule be met. This was not clearly spelled out in the bid documents. In order to be fair to all bidders, staff has determined that all bids should be rejected, revisions to the bid documents should be made and the bid for the Walton Road Project should be re-advertised as a Local Preference Project, not a Local Stimulus Project. Recommendation Board approval to reject all bids and approval to re-advertise in accordance with the Local Preference Ordinance No. 09-005. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl. us www.stlucieco.org if[iliittittiititii~iiiiiiiiiifiiitillitilttiifi~tft{iiiitLitillfiiiiii}#~lilliii[tlllitCi~itliililiAiitif~tl~Fiilliltiiilllifiiitit~ifiiifiilii[~lil~tliii[ItitititNillili~ifiiiiiiliiu[ii~iitraGliti Chris Dzadovsky, Chairman District No.1 Chris Craft, Vice Chairman District No. 5 Doug Coward District No. 2 Charles Grande District No. 4 Paula A. Lewis District No. 3 tii~iitlittii~iiiitiiiii~iiitlliiii~l~iiit~i[itiitiilif1i11tiiiiihitUlfiiil~ittttiitlli~tliiitlliiliit~tiititUt~iiiilEiitlitiiiliUi{iittiiiiiuitiiiiiiitiliTii#ii~iilfiiiiii7i~iiitiiitiiiit~ I. MINUTES Approve the minutes from the June 23, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 39, 40 and 41 B. MANAGEMENT AND BUDGET 1. Purchasing Division - Amendment to the contracts for benthic studies for Little Mud Creek Consider staff recommendation to approve the first amendment to contracts C06-09-653 with The Louis Berger Group, Inc. and C06-09-811 with Smithsonian Institution extending the term through September 11, 2010, and authorize the Chair to sign the documents as approved by the County Attomey. 2. Purchasing Division -Amendment to the contract for purchasing replacement monitors and controllers for ultra low volume spray units Consider staff recommendation to approve the first amendment to contract C07-09-662 with ADAPCO, Inc. extending the term through September 24, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. 3. Purchasing Division - Amendment to the contract for aerial larviciding services Consider staff recommendation to approve the second amendment to contract C07-07- 463 with Southeastern Aerial Crop Services, Inc. extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. C. MOSQUITO CONTROL Blind Creek Park Energy Optimization Project Consider staff recommendation to approve to authorize the Chair to execute a contract with Green Energy Innovations, as approved by the County Attomey, for the purchase of seven (7) Energy Optimizers, to be used at Blind Creek Park. 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~xamine 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~ight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 23, 2009 Convened: 10:05 a.m. Adjourned: 10:06 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Christopher Steers, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES Approve the minutes from the June 9, 2009 meeting. It was moved by Com. Grande, seconded by Com. Coward, to approve the minutes of the meeting held June 9, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA Com. Grande advised the Board he would be abstaining on this item due to his appointment as a member of the Board of Directors for the Marine Resource Council. It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously with Com. Grande abstaining. A. WARRANTS Approve warrant list No. 37 and 38 The Board approved Warrant List Nos. 37 and 38. B. MANAGEMENT AND BUDGET Office of Management & Budget/Purchasing The Board approved the second amendment to contract C06-06-425 with Marine Resource Council extending the term through June 26, 2010, and authorized the Chair to sign documents as approved by the County Atomey. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 06/26/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #39- 20-JUN-2009 TO 26-JUN-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 20,502.07 40,431.31 GRAND TOTAL: 20,502.07 40,431.31 07/02/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #40- 27-JUN-2009 TO 02-JUL-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 63,036.02 0.00 GRAND TOTAL: 63,036.02 0.00 07/10/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #41- 03-JUL-2009 TO 10-JUL-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 43,875.23 40,861.04 GRAND TOTAL: 43,875.23 40,861.04 L„-~ ~ , ~t•~ ITEM NO. III-B1 ~ ~ - DATE: 07/14/09 _ ~ - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: ST. LUCIE COUNTY MOSQUITO CONTROL PRESENTED BY: DISTRICT Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to the contracts for benthic studies for Little Mud Creek BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-534000-600 -Other contractual services PREVIOUS ACTION: September 12, 2006 -Mosquito Control District approved contracts RECOMMENDATION: Board approval of the first amendment to contracts C06-09-653 with The Louis Berger Group, Inc. and C06-09-811 with Smithsonian Institution extending the term through September 11, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Si4natures OMB County Attorney (X) X Budget Analyst (X ) Dan McIntyre aWonna Johnson Purchasing (X) Mosquito Control (X) Melissa Simberlund Jim avid Office of Management ~ - ~ & Budget/Purchasing MEMORANDUM TO: St. Lucie County Mosquito Control District FROM: Marie M. Gouin, Director DATE: July 14, 2009 SUBJECT: Amendment to the contracts for benthic studies for Little Mud Creek ITEM NO. III-B1 Background: In 2006, St. Lucie County issued an RFP for benthic studies for Little Mud Creek. A benthic study is the study of microscopic animals that live in the sediment. Five proposals were received. The five firms were PBS&J located in Jacksonville; Reynolds, Smith and Hill, Inc. located in Plantation; Smithsonian Institution located in Ft. Pierce; Solares Environmental Services, Inc. located in Gainesville and The Louis Berger Group, Inc. located in Miami. St. Lucie County Mosquito Control District entered into contracts with the two highest ranked firms, The Louis Berger Group, Inc. and Smithsonian Institution. The initial contracts were for a period of three years and allowed for two additional one-year renewal options. The current terms will expire on September 11, 2009. Recommendation Board approval of the first amendment to contracts C06-09-653 with The Louis Berger Group, Inc. and C06-09-811 with Smithsonian Institution extending the term through September 11, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. C06-09-653 FIRST AMENDMENT TO SEPTEMBER 12, 2006 AGREEMENT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND THE LOUIS BERGER GROUP, INC. THIS FIRST AMENDMENT made this day of 2009, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, hereinafter called the "District" and THE LOUIS BERGER GROUP, INC., or his, its or their successors, executors, administrators and assigns, hereinafter called the "Consultant". WHEREAS, on September 12, 2006, the parties entered into an Agreement for the Consultant to provide Benthic Studies for Little Mud Creek; and WHEREAS, the parties desire to amend the Contract to exercise the first one-year renewal option. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 4. TERM of the Contract is hereby amended to read as follows: 4 . TERM The term of this Agreement shall be for a period of four (4) years from September 12, 2006 through September 11, 2010. The term may be extended for one (1) additional one-year period upon prior written agreement. If this Agreement is terminated as provided herein, the Consultant shall be paid in accordance with the provisions of all applicable work authorizations for all authorized work performed up to the date of termination. 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 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: CHAIR 1 C06-09-653 APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES THE LOUIS BERGER GROUP, INC. BY~ Print Name: Title: 2 C06-09-81 1 FIRST AMENDMENT TO SEPTEMBER 12, 2006 AGREEMENT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND SMITHSONIAN INSTITUTION THIS FIRST AMENDMENT made this day of 2009, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, hereinafter called the "District" and SMITHONIAN INSTITUTION, or his, its or their successors, executors, administrators and assigns, hereinafter called the "Consultant". WHEREAS, on September 12, 2006, the parties entered into an Agreement for the Consultant to provide Benthic Studies for Little Mud Creek; and WHEREAS, the parties desire to amend the Contract to exercise the first one-year renewal option. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 4. TERM of the Contract is hereby amended to read as follows: 4. TERM The term of this Agreement shall be for a period of four 14) years from September 12, 2006 through September 1 1, 2010. The term may be extended for one 11? additional one-year period upon prior written agreement. If this Agreement is terminated as provided herein, the Consultant shall be paid in accordance with the provisions of all applicable work authorizations for all authorized work performed up to the date of termination. 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 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: CHAIR 1 C06-09-811 APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES SMITHSONIAN INSTITUTION By: Print Name: Title: 2 "1 - - ITEM NO. III-B2 ~ DATE: 07/14/09 - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: ST. LUCIE COUNTY MOSQUITO CONTROL PRESENTED BY: DISTRICT Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to the contract for purchasing replacement monitors and controllers for ultra low volume spray units BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-564000-600 -Machinery and equipment PREVIOUS ACTION: September 25, 2007 -Mosquito Control District approved contracts RECOMMENDATION: Board approval of the first amendment to contract C07-09-662 with ADAPCO, Inc. extending the term through September 24, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER _-------Jl~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures t. OMB County Attorney (X) ~ ~ Budget Analyst (X ) Dan McIntyre taWonna Johnson Purchasing (X) Mosquito Control (X) I ~ 4 Melissa Simberlund Jim David Office of Management ~ - ~ ~ _ & Budget/Purchasing • • ~ ~ - MEMORANDUM TO: St. Lucie County Mosquito Control District FROM: Marie M. Gouin, Director DATE: July 14, 2009 SUBJECT: Amendment to the contract for purchasing replacement monitors and controllers for ultra low volume spray units ITEM NO. III-62 Background: In 2007, St. Lucie County bid the purchase of replacement monitors and controllers for ultra low volume spray units. St. Lucie County Mosquito Control District entered into a contract with the only bidder, ADAPCO, Inc., located in Sanford. The initial contract was for a period of two years and allowed for two additional one-year renewal options. The current terms will expire on September 24, 2009. Recommendation Board approval of the first amendment to contract C07-09-662 with ADAPCO, Inc. extending the term through September 24, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. C07-09-662 FIRST AMENDMENT TO SEPTEMBER 25, 2007 AGREEMENT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND ADAPCO, INC. THIS FIRST AMENDMENT made this day of 2009, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, hereinafter called the "District" and ADAPCO, INC., or his, its or their successors, executors, administrators and assigns, hereinafter called the "Vendor". WHEREAS, on September 25, 2007, the parties entered into an Agreement for the purchase of replacement monitors and controllers for ultra low volume spray units for the District; and WHEREAS, the parties desire to amend the Contract to exercise the first one-year renewal option extending the contract through September 24, 2010. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 3. TERM of the Contract is hereby amended to read as follows: 3. TERM The term of this Agreement shall be for a period of three (3) years commencing on September 25, 2007 and continuing through September 24, 2010. The term may be extended for one (1) additional one-year period, providing the parties agree to maintain the same terms and conditions. 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 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: Deputy Clerk CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 1 C07-09-662 WITNESSES ADAPCO, INC. By: Print Name: Title: 2 _ ITEM NO. III-B3 1 ~ ~ - DATE: 07/14/09 - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: ST. LUCIE COUNTY MOSQUITO CONTROL PRESENTED BY: DISTRICT Marie M. Gouin ~'y~`V~-~ SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to the contract for aerial larviciding services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-534000-600 -Other contractual services PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the second amendment to contract C07-07-463 with Southeastern Aerial Crop Services, Inc. extending the term through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER - Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) Budget Analyst (X ) Dan McIntyre Wonna Johnson T Purchasing (X) V Mosquito Control (X ) Meliss Simberlund Jim David Office of Management ~ _ _ & Budget/Purchasing • ~ = MEMORANDUM TO: St. Lucie County Mosquito Control District FROM: Marie M. Gouin, Director h~~ DATE: July 14, 2009 SUBJECT: Amendment to the contract for aerial larviciding services ITEM NO. III-B3 Background: In 2007, St. Lucie County approved the sole source procurement of aerial larviciding services from Southeastern Aerial Crop Services, Inc. located in Ft. Pierce. St. Lucie County Mosquito Control District entered into a contract whereby the initial term was for a period of two years but allowed for two additional one-year renewal options. The current terms will expire on September 30, 2009. Previous Action: September 25, 2007 -Mosquito Control District approved contracts August 12, 2008 -First amendment correcting contract payment section Recommendation Board approval of the second amendment to contract C07-07-463 with Southeastern Aerial Crop Services, Inc. extending the term through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. r C07-07-463 SECOND AMENDMENT TO JULY 24, 2007 CONTRACT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND SOUTHEASTERN AERIAL CROP SERVICE, INC. THIS SECOND AMENDMENT is dated this day of 2009, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, hereinafter referred to as "District", a dependent taxing district of the State of Florida, and SOUTHEASTERN AERIAL CROP SERVICE, INC., or his, its or their successors, executors, administrators, and assigns hereinafter referred to as "Contractor". WHEREAS, on July 24, 2007 the parties entered into a contract which provided for the Contractor to perform aerial larviciding; and, WHEREAS, the parties executed the first amendment to the Contract to correct the fuel surcharge amount allowed in the contract payment paragraph; and, WHEREAS, the parties desire to further amend the Contract to exercise the first one-year renewal option extending the contract through September 30, 2010. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1 . Paragraph 4. TERM of the Contract shall be amended to read as follows: 4. TERM The term of this Contract shall begin on October 1, 2007 and continue through and including September 30, 2010. The term may be extended for one (1) additional one-year period upon the same terms and conditions upon prior written consent of both parties. 2. Except as amended herein, the remaining terms and conditions of the July 24, 2007 Contract, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the District has hereunto subscribed and the Contractor has affixed his, its, or their name, and seal the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT By: Deputy Clerk Chair 1 ~ , C07-07-463 ~ APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES SOUTHEASTERN AERIAL CROP SERVICES, INC. By: Print Name: Title: 2 ITEM NO. III-C ~ J DATE: 07/14/09 • • ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: MOSQUITO CONTROL BOARD PRESENTED BY James R. David SUBMITTED BY: Mosquito Control Director SUBJECT: Blind Creek Park Energy Optimization Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-3920-552200-31004 Buildings/Infrastructure < $25,000 ($21,747.00) 145-6230-563000-096600 Infrastructure ($3,622.00) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of a contract with Green Energy Innovations, as prepared by the County Attorney, for the purchase of seven (7) Energy Optimizers, to be used at Blind Creek Park and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, Nl~ County Administrator Coordination/Signatures County Attorney ~ OMB Director j , ~ Budget Analyst ~ ~ Daniel S. McIntyre ,1 Marie Gouin Heather Young Tawonna Johnson Robert O'Sullivan Originating Dept. ERD EG(/~~ Jam R. Davi Ka n Smith Department Name MEMORANDUM TO: Mosquito Control Board FROM: James R. David Director DATE: July 14, 2009 SUBJECT: Blind Creek Park Energy Optimization Project ITEM NO. III-C Background: Funds in the amount of $21,747.00 are available in the Blind Creek Buildings/Infrastructure < $25,000 account for improvements at Blind Creek Park. The funds were originally identified for improvements that have been completed using grant and FEMA funds (parking lots, etc.). Staff is requesting Board approval to use the remainder of the funds to install seven (7) Energy Optimizers for each of the seven pumps operated in the Park's wetland impoundments. Each Energy Optimizer is made-up of a bank of capacitors mounted in a small Hoffman box. Each Optimizer internally re-inputs the electrical energy normally lost (i.e. returned to the Utility company and re-sold to the user) because of motor inefficiency, back into the same pump, thereby increasing its efficiency. This action reduces the amperage draw of each induction motor on an Alternating Current circuit. The device was tested repeatedly (on seven pumps) at Bear Point Sanctuary and was found to decrease amperage draw by up to 20 The repeated result gives strong evidence that this equipment will reduce electrical costs as a result of increased motor efficiency. The product will also, theoretically, increase motor longevity, by reducing motor strain. The local distributor, Green Energy Innovations, is the sole source of the patented technology, which is proposed to cost $3016.00 per motor. The total cost of the seven Optimizers is therefore $21,112.00. Additional funds are required for installation, in the amount of $648.00 (local electrical contracting), and towards the purchase of parts, in the amount of $3,608.28 (local vendor). This project is intended to be a District effort in support of local economic stimulus. Recommendation Board approval of a contract with Green Energy Innovations, as prepared by the County Attorney, for the purchase of seven (7) Energy Optimizers to be used at Blind Creek Park, and authorization for the Chair to sign documents as approved by the County Attorney. EROSION DISTRICT www.co.st-lucie.fl. us www.stlucieco.org i1i.?li[i(iiiiiliilliitiiiita,~liiii~itititiliiltftiii3t~liliLiit~tUittiiltfi~iiililiiltiiliittllllliiitiiiliiiiii~tliiii~Gitfilii~tliiittitti[fiift~t3~iii~tit6itii~ii36t~iitsi~l~ti€iiitt~iiti~t~itii Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 iiiitiittttlitiiiiiiiiltii(t~itiiliittflil[iiiiliftittitiilliii~filfiiitltii~tlitijiltiitfiii1i11t11t1~~iAiiili{Itiit{tiiiiiFii~itiiliilt~tliilitiLliitiiliiitiifilti;~itii~iitit[tiiitilifi[i~tlti131teiiliii~ I. MINUTES Approve meeting minutes from the June 23, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 39, 40 and 41. B. PUBLIC WORKS Artificial reef consultant contract assignment Consider staff recommendation to approve the assignment of contract C05-11-619 from Lee E. Harris, P.E., Ph D. to SeaRover Services. 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~xamine 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~ight (48) hours prior to the meeting. 07/10/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #41- 03-JUL-2009 TO 10-JUL-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 6,581.02 4,966.40 GRAND TOTAL: 6,581.02 4,966.40 EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 23, 2009 Convened: 10:06 a.m. Adjourned: 10:07 a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Chris Dzadovsky, Doug Coward, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Christopher Steers, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES Approve meeting minutes from the June 9, 2009 meeting. It was moved by Dzadovsky seconded by Com. Lewis, to approve the minutes of the meeting held June 9, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Dzadovsky to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 37 and 38. The Board approved Warrant List No. 37. Warrant List No. 38 was pulled. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 06/26/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #39- 20-JUN-2009 TO 26-JUN-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 29,862.58 4,966.40 GRAND TOTAL: 29,862.58 4,966.40 07/02/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #40- 27-JUN-2009 TO 02-JUL-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 978.38 0.00 GRAND TOTAL: 978.38 0.00 ' ITEM NO. III B _ DATE: 7/14/2009 • - AGENDA REQUEST REGULAR ( ) - PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: Erosion District PRESENTED BY: Donald B. West, P.E. • Public Works Director SUBMITTED BY: Public Works Administration SUBJECT: Artificial reef consultant contract assignment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the assignment of contract C05-11-619 from Lee E. Harris, P.E., Ph D. to SeaRover Services. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER mil' _ ~ Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X) ' ~',r OMB Director (X) Budget Analyst . Daniel McIntyre , ,Marie Gouin 1'aWonna Johnson Public Works. (X) W' Erosion District (X) Donzl d B. West Richar A. Bouchard } y ~ Public Works Department - - MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, P.E., Public Works Director ~ ' v~ , ~ FROM: James B. Oppenborn, M.S., Marine Resource Coordinator ~ Public Works/Erosion District ` DATE: July 6, 2009 SUBJECT: Assignment of Contract C05-11-619 ITEM NO. III B Background: Dr. Lee E. Harris was awarded a contract for artificial reef consulting services in 2005. Dr. Harris' work has been exceptional and deserves much of the credit for the continued success of the St. Lucie County Artificial Reef Program. In the spring of 2009, Dr. Harris was forced to take a medical leave of absence from teaching at the Florida Institute of Technology. This medical leave prevents Dr. Harris from completing his required duties as artificial reef contractor. Assignment of Contract C05-11-619 from Lee E. Harris to SeaRover Services, Inc. allows completion of monitoring of previously deployed artificial reefs as required by US Army Corps of Engineers permit SAJ-2004-1769. Previous Action: September 27, 2005 -Erosion District Board approved the ranking of the Competitive Selection Committee and gave permission to negotiate prices with the top 3 ranked firms (Taylor Engineering, Inc., Lee Harris, P.E., Ph D., and Marine Resources, Inc.) for RFP #05-086. November 22, 2005 -Erosion District Board approved consultant agreements with the top 3 ranked firms (Taylor Engineering, Inc., Lee Harris, P.E., Ph D., and Marine Resources, Inc.). November 22, 2007 -Erosion District Board approved the first one year extension of the consultant agreement with the top 3 ranked firms (Taylor Engineering, Inc., Lee Harris, P.E., Ph D., and Marine Resources, Inc.). November 25, 2008 -Erosion District Board approved the first one year extension of the consultant agreement with the top 3 ranked firms (Taylor Engineering, Inc., Lee Harris, P.E., Ph D., and Marine Resources, Inc.). Recommendation: Approval of the assignment of contract C05-11-619 from Dr. Lee E. Harris to SeaRover Service, Inc. ASSIGNMENT OF AGREEMENT BETWEEN ST. LUCIE COUNTY EROSION DISTRICT AND LEE E. HARRIS, P.E., Ph.D. Contract No. C05-11-619 THIS ASSIGNMENT OF AGREEMENT is entered into this day of 2009, ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida (the "District") and LEE E. HARRIS, P.E., Ph.D. ("Assignor") and SEAROVER SERVICES, INC. ("Assignee"). WITNESSETH: WHEREAS, on November 22, 2005, the District and the Assignor entered into a two year contract in which the Assignor agreed to provide Professional Mari ne and Engineering Consulting Services related to Artificial Reef Projects ("Agreement"); and, WHEREAS, the District and Assignor have extended the Agreement for two additional one-year terms; and, WHEREAS, the Assignor cannot currently fulfill its duties under the Agreement due to illness; and, WHEREAS, the Assignor desires to assign the Agreement to the Assignee and the District has agreed to approve the assignment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the District and the Assignor, and the Assignee hereby covenant and agree to amend the assignment as follows: 1. Assignment of Agreement. Assignor hereby assigns to Assignee all of its rights, duties, liabilities and obligations as specifically set forth in the Agreement, incorporated herein by this reference. 2. Assumption of Agreement. Assignee hereby agrees to assume, perform and discharge alt duties, liabilities and obligations of as set forth in the Agreement. 3. Approval of the Assignment The District hereby approves the assignment -1- of the Agreement from the Assignor to the Assignee. 4. Effective Date. This Assignment shall be effective as of the date written above. IN WITNESS WHEREOF, the District, Assignor and Assignee have each caused this Assignment to be executed by their duty elected and authorized officers as of the date and year first above written. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: LEE E. HARRIS, P.E., Ph.D. BY: NAME: TITLE: WITNESSES: SEAROVER SERVICES, INC. BY: NAME: TITLE: S:\ATTY\AGREEMNT\assign.Lee Harris.wpd -2-