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Home My WebLink AboutAgenda Packet 08-25-2009C6UNTY F L 0 R I D A —440 August 25, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 08/24/09 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 rp_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. August 25, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org 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 tutaeiu��ttuu� tuuitt��a�aiuiai�e�auu ' ` uu I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the August 18, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation by Linda Ogal of the PSL Census Bureau on the 2010 Census Update and the local Complete Count Committee B. ADDITION COUNTY ATTORNEY Resolution No. 09-252 recognizing St. Lucie County's agreement to be one of 39,000 Governmental Entities in partnership with the U.S. Census Bureau in 1010 to form a Complete Count Committee for the Decennial Census Consider staff recommendation to adopt the attached Resolution No. 09-252 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 47 B. COUNTY ATTORNEY 1. John Franklin Settlement Proposal Consider staff recommendation to deny the John Franklin Settlement Proposal presented by Richard L. Brown, Esq. B. COUNTY ATTORNEY CONTINUED 2. Authorization to enter into an Impact Fee Payment Agreement with Frank and Lois Zarbo and Clyde and Deanna Decker for delinquent Impact Fees pursuant to Resolution No. 09-114. Consider staff recommendation to approve the attached Impact Fee Payment Agreement with Frank and Lois Zarbo and Clyde and Deanna Decker and sign the Agreement as drafted by the County Attorney's Office. 3. Request to approve a Contractual Rate Agreement with United for Families, Inc. (UFF) for drug testing services received at the St. Lucie County Drug Screening Lab for FY 2009-2012. Consider staff recommendation to approve the Contractual Rate Agreement with United for Families, Inc. for testing clients receiving services, and fees will be paid in part or whole, by UFF. The clients are adult caregivers of children who are at risk of abusing, neglecting and or abandoning the children under their care. The clients are referred by dependency case managers and/or by the Department of Children and Families (DCF) Protective Investigators for drug testing. 4. Unclaimed Monies Deposited or Collected by the St. Lucie County Clerk of Court Consider staff recommendation that the attached Affidavit of Publication be filed and recorded in the Board minutes. 5. St. Lucie County International Airport — Interlocal Agreement with Sheriff for Airport Facilities and Security Services. Consider staff recommendation to approve the proposed Interlocal Agreement with the Sheriff, and authorize the Chair to sign the Agreement. 6. Approve Budget Amendment Request to utilize Contingency Funds in the amount of $50,567.00 with a plan to repay these funds in FY 09/10. Consider staff recommendation to approve to allow the lab to utilize contingency funds ($50,567.00) from this budget and allow the lab to refund the "borrowed" contingency funds in next year's budget (09/10). Further recommend the Board approve the attached Budget Amendment BA09-035, which will allow the lab to pay for chemicals and contracted personnel costs. C. ADMINISTRATION Advisory Board Procedures Consider staff recommendation to approve Resolution No. 09-241 adopting operational procedures for advisory boards as provided in Attachments A and B of the agenda memorandum. C. ADMINISTRATION CONTINUED Media Relations Policy Consider staff recommendation to approve Resolution No. 09-229 and the Media Relations Policy as shown in Attachment A and authorization for the Chair to sign the resolution. D. SOLID WASTE Board approval of Equipment Request EQ09-041 and Budget Amendment BA09- 034. Additionally, request Board authorization to purchase a Dingo Compact Utility Loader from Kelly Tractor for a total purchase price of $10,500. (State Contract #212-515-630-M) Consider staff recommendation to approve of Equipment Request EQ09-41 and Budget Amendment BA09-034. Additionally, Board authorization to purchase a Dingo Compact Utility Loader from Kelly Tractor for a total purchase price of $10,500. 2. Termination of October 25, 1994 Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority for leachate disposal at the Glades Road Landfill. Consider staff recommendation to approve authorization to terminate of October 25, 1994 Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority and authorization for the Chair to sign documents as approved by the County Attorney. E. COMMUNITY SERVICES 1. Budget Resolution and Equipment Request for the INTACT contract Consider staff recommendation to approve Budget Resolution No. 09-238, Equipment Request EQ09-238, Equipment Request EQ09-040 and authorization for the Chair to sign the documents as approved by the County Attorney. HUD Housing Counseling Provider Application and Housing Counseling Plan Consider staff recommendation to approve Resolution No. 09-239 authorizing the Community Services Department to administer housing counseling activities, approval of the Housing Counseling Plan, and authorization for the Chair to sign documents as approved by the County Attorney. 3. U.S. Department of Agriculture (USDA) Rural Housing Services for the Rural Community Development Initiative (RCDI) Application. Consider staff recommendation to approve authorization to submit an application for the Rural Community Development Initiative, and authorization for the Chair to sign documents as approved by the County Attorney. E. COMMUNITY SERVICES CONTINUED 4. Equipment Request EQ09-042 Consider staff recommendation to approve of Equipment Request EQ09-042 and authorization for the Chair to sign documents as approved by the County Attorney. F. SHERIFF'S OFFICE Permission to accept the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Program — Local Solicitation Grant. Consider staff recommendation to approve authorization to accept the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Program —Local Solicitation Grant (2009- SB-B9-3137) in the amount of $479,113. Budget Resolution No. 09-246. G. GRANTS Phase 2, Taylor Creek Dredging and Restoration — Grant Application Consider staff recommendation to approve authorization to submit a grant application to the Florida Seaport Transportation and Economic Development Council for Phase 2, Taylor Creek Dredging and Restoration. 2. Extension of Art of Public Places Contract, Lakewood Park Sculpture Consider staff recommendation to approve the First Amendment to the Art in Public Places Contract C08-11-550 to allow for a two -month time extension for the Lakewood Park sculpture. 3. St. Lucie County International Airport, Travel Survey and Marketing Strategy — Grant Application Consider staff recommendation to approve authorization to submit a grant application to the U.S. Department of Transportation, Office of Aviation Assistance, Small Community Air Service Development for travel survey and marketing strategy, if indicated. 4. Project Can Do - Letter of Intent and Resolution Consider staff recommendation to approve of Resolution 09-233 recommending that Project Can Do be approved as a qualified target industry business pursuant to Section 288.106, Florida Statutes; providing an appropriation of $128,000 as local participation in the Qualified Target Industry Tax Refund Program; and providing an effective date. G. GRANTS CONTINUED 4. Also, Board authorization to have the County Administrator send a Letter of Intent to offer Project Can Do: (1) An Impact Fee Mitigation phased over three years subject to Project Can Do making an approximate capital investment of $27,000,000 in St. Lucie County and employing 160 persons at an average annual wage of $60,000 (Estimated Value = $128,400), (2) An Ad Valorem Tax Abatement phased over ten years subject to Board approval at a public hearing, Project Can Do making an approximate capital investment of $27,00,000 in St. Lucie County and Project Can Do employing 160 persons at an average annual wage of $60,000 (Estimated Value = $1,113,750). H. COURT ADMINISTRATION Request approval for usage of Court Innovations Funds Consider staff recommendation to approve Budget Resolution No 09-244 Budget and Amendment No. 09-036 to fund Civil Citation and other juvenile diversion efforts in the 19th Judicial Circuit. St. Lucie County's share would be $1,762 for September 2009, Indian River County has approved $863 for September 2009, Martin County has approved $900 for September 2009, and Okeechobee County has approved $225 for September 2009 (copies of approvals attached). MANAGEMENT AND BUDGET Green collar consortium Consider staff recommendation to approve Budget Resolution No. 09-242 to establish the Fiscal Year 2008/2009 budget for the donation from West Palm Beach Sheet Metal so it can be refunded to the Green Collar Consortium. J. PUBLIC WORKS Indian River Estates Pump Station Alum Consider staff recommendation to approve to change the funding source from the Grant account fund number to the Stormwater MSTU account fund number for Indian River Estates Pump Station Alum Facility construction contract. 2. Lakewood Park Phase 1 Consider staff recommendation to approve Change Order No. 1 with American Engineering and Development Corp. in the amount of $16,871 for Lakewood Park Phase 1 canal control structures, and authorization for the Chair to sign contract documents as approved by the County Attorney. K. PARKS AND RECREATION Interlocal Agreement with School Board of St. Lucie County for use of Lawnwood and South County Regional Stadiums Consider staff recommendation to approve the Interlocal Agreement with the School Board of St. Lucie County for Lawnwood and South County Regional Stadiums as outlined in the agenda memorandum, and authorization for the Chair to sign documents as approved by the County Attorney. 2. First Amendment to Donation Agreement with SLC Fair Association for Fairgrounds Wastewater Treatment Plant Expansion Consider staff recommendation to approve the first amendment to the Donation Agreement with the SLC Fair Association extending contract C07-04-307 one year as drafted by the County Attorney and authorization for the Chair to sign. END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for August 25, 2009. REGULAR AGENDA VIII. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees IX. ADDITION COUNTY ATTORNEY FPL Energy Secure Line (Natural Gas Pipeline) — Permission to Advertise — Project Informational Meeting Consider staff recommendation to grant permission to advertise a public information meeting on FPL's proposed natural gas pipeline in late September 2009. X. ANNOUNCEMENTS 1. The Board of County Commissioner will hold the August Informal Monthly Meeting on Tuesday, August 25, 2007 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 10, 2009 at 6:00 p.m. 3. The Board of County Commissioners will hold the Final Budget Public Hearing on Tuesday, September 22, 2009 at 6:00 p.m. 4. The Board of County Commissioners will hold a Budget Workshop on Tuesday, September 29, 2009 at 1:30 p.m. in Conference Room #3 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.orq 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 MINUTES Approve the minutes from the August 11, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA Approve warrant list No. 46 and 47. 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-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.org 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 MINUTES Approve the minutes from the August 11, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 46 and 47. B. PUBLIC WORKS South St. Lucie County Beach Restoration Project Consider staff recommendation to approve to submit permit applications for the South St. Lucie County beach and dune restoration alternative as recommended in the agenda memorandum. 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. �UUUOL �%J, cwa 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 08/24/09 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 prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is 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. August 25, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org District No. 3 Paula A. Lewis, Chair Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Chris Craft District No 5 INVOCATION II. PLEDGE OF ALLEGIANCE Ill. MINUTES ApprO"e Approve the minutes from the August 18, 2009 meeting. 5�0 IV. PROCLAMATIONSIPRESENTATIONS A. Presentation by Linda Ogal of the PSL Census Bureau on the 2010 Census Update and the local Complete Count Committee B. ADDITION Consider staff recommendation to adopt the attached Resolution No. 09-252 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 47 B. COUNTY ATTORNEY John Franklin Settlement Proposal Consider staff recommendation to deny the John Franklin Settlement Proposal presented by Richard L. Brown, Esq. B. COUNTY ATTORNEY CONTINUED Authorization to enter into an Impact Fee Payment Agreement with Frank and Lois Zarbo and Clyde and Deanna Decker for delinquent Impact Fees pursuant to Resolution No. 09-114. Consider staff recommendation to approve the attached Impact Fee Payment Agreement with Frank and Lois Zarbo and Clyde and Deanna Decker and sign the Agreement as drafted by the County Attorney's Office. 3. Request to approve a Contractual Rate Agreement with United for Families, Inc. (UFF) for drug testing services received at the St. Lucie County Drug Screening Lab for FY 2009-2012. Consider staff recommendation to approve the Contractual Rate Agreement with United for Families, Inc. for testing clients receiving services, and fees will be paid in part or whole, by UFF. The clients are adult caregivers of children who are at risk of abusing, neglecting and or abandoning the children under their care. The clients are referred by dependency case managers and/or by the Department of Children and Families (DCF) Protective Investigators for drug testing. 4. Unclaimed Monies Deposited or Collected by the St. Lucie County Clerk of Court Consider staff recommendation that the attached Affidavit of Publication be filed and recorded in the Board minutes. 5. St. Lucie County International Airport — Interlocal Agreement with Sheriff for Airport Facilities and Security Services. Consider staff recommendation to approve the proposed Interlocal Agreement with the Sheriff, and authorize the Chair to sign the Agreement. 6. Approve Budget Amendment Request to utilize Contingency Funds in the amount of $50,567.00 with a plan to repay these funds in FY 09/10. Consider staff recommendation to approve to allow the lab to utilize contingency funds ($50,567.00) from this budget and allow the lab to refund the "borrowed" contingency funds in next year's budget (09/10). Further recommend the Board approve the attached Budget Amendment BA09-035, which will allow the lab to pay for chemicals and contracted personnel costs. C. ADMINISTRATION Advisory Board Procedures Consider staff recommendation to approve Resolution No. 09-241 adopting operational procedures for advisory boards as provided in Attachments A and B of the agenda memorandum. C. 111 E ADMINISTRATION CONTINUED 2. Media Relations Policy Consider staff recommendation to approve Resolution No. 09-229 and the Media Relations Policy as shown in Attachment A and authorization for the Chair to sign the resolution. SOLID WASTE 1. Board approval of Equipment Request EQ09-041 and Budget Amendment BA09- 034. Additionally, request Board authorization to purchase a Dingo Compact Utility Loader from Kelly Tractor for a total purchase price of $10,500. (State Contract #212-515-630-M) Consider staff recommendation to approve of Equipment Request EQ09-41 and Budget Amendment BA09-034. Additionally, Board authorization to purchase a Dingo Compact Utility Loader from Kelly Tractor for a total purchase price of $10,500. 2. Termination of October 25, 1994 Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority for leachate disposal at the Glades Road Landfill. Consider staff recommendation to approve authorization to terminate of October 25, 1994 Interocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority and authorization for the Chair to sign documents as approved by the County Attorney. COMMUNITY SERVICES 1. Budget Resolution and Equipment Request for the INTACT contract Consider staff recommendation to approve Budget Resolution No. 09-238, Equipment Request EQ09-238, Equipment Request EQ09-040 and authorization for the Chair to sign the documents as approved by the County Attorney. 2. HUD Housing Counseling Provider Application and Housing Counseling Plan Consider staff recommendation to approve Resolution No. 09-239 authorizing the Community Services Department to administer housing counseling activities, approval of the Housing Counseling Plan, and authorization for the Chair to sign documents as approved by the County Attorney. 3. U.S. Department of Agriculture (USDA) Rural Housing Services for the Rural Community Development Initiative (RCDI) Application. Consider staff recommendation to approve authorization to submit an application for the Rural Community Development Initiative, and authorization for the Chair to sign documents as approved by the County Attorney. E F COMMUNITY SERVICES CONTINUED 4. Equipment Request EQ09-042 Consider staff recommendation to approve of Equipment Request EQ09-042 and authorization for the Chair to sign documents as approved by the County Attorney. SHERIFF'S OFFICE Permission to accept the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Program — Local Solicitation Grant. Consider staff recommendation to approve authorization to accept the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Program —Local Solicitation Grant (2009- SB-69-3137) in the amount of $479,113. Budget Resolution No. 09-246. G. GRANTS 2. 3 4. Phase 2, Taylor Creek Dredging and Restoration — Grant Application Consider staff recommendation to approve authorization to submit a grant application to the Florida Seaport Transportation and Economic Development Council for Phase 2, Taylor Creek Dredging and Restoration. Extension of Art of Public Places Contract, Lakewood Park Sculpture Consider staff recommendation to approve the First Amendment to the Art in Public Places Contract C08-11-550 to allow for a two -month time extension for the Lakewood Park sculpture. St. Lucie County International Airport, Travel Survey and Marketing Strategy — Grant Application Consider staff recommendation to approve authorization to submit a grant application to the U.S. Department of Transportation, Office of Aviation Assistance, Small Community Air Service Development for travel survey and marketing strategy, if indicated. Project Can Do - Letter of Intent and Resolution Consider staff recommendation to approve of Resolution 09-233 recommending that Project Can Do be approved as a qualified target industry business pursuant to Section 288.106, Florida Statutes; providing an appropriation of $128,000 as local participation in the Qualified Target Industry Tax Refund Program; and providing an effective date. G. GRANTS CONTINUED 4. Also, Board authorization to have the County Administrator send a Letter of Intent to offer Project Can Do: (1) An Impact Fee Mitigation phased over three years subject to Project Can Do making an approximate capital investment of $27,000,000 in St. Lucie County and employing 160 persons at an average annual wage of $60,000 (Estimated Value = $128,400), (2) An Ad Valorem Tax Abatement phased over ten years subject o capital tal approval at a public hearing, Project Can Do making an approximateP investment of $27,00,000 in St. Lucie County and Project Can Do employing 160 persons at an average annual wage of $60,000 (Estimated Value = $1,113,750). H. COURT ADMINISTRATION Request approval for usage of Court Innovations Funds Consider staff recommendation to approve Budget Resolution No 09-244 Budget and Amendment No. 09-036 to fund Civil Citation and be $1u762'Ifordlversion Septembe� 2009rts in the 191h lnd an Judicial Circuit. St. Lucie County s share would $9an River County has approved $863 for September 2009, Martin County has approved 00 for September 2009, and Okeechobee County has approved $225 for September 2009 (copies of approvals attached). MANAGEMENT AND BUDGET Green collar consortium on 2 to tablish Consider staff recommendation to approve Budget eom WestlPa moBeach 4SheetsMetal soh it Year 2008/2009 budget for the dons can be refunded to the Green Collar Consortium. PUBLIC WORKS 1. Indian River Estates Pump Station Alum he Consider staff recommendation to approve fundrce numrom bertfor Grant account fund number to the Stormwater MSTU account Indian River Estates Pump Station Alum Facility construction contract. 2. Lakewood Park Phase 1 Consider staff recommendation to approve Change Order No. 1 with American Engineering and Development Corp. inthe amount of $16,871 fr ir toakewoods sign co n act ark Phase 1 canal control structures, and authorization for the Cha documents as approved by the County Attorney. K. PARKS AND RECREATION Interlocal Agreement with School Board of St. Lucie County for use of Lawnwood and South County Regional Stadiums Consider staff recommendation to approve the Interlocal Agreement with the School Board of St. Lucie County for Lawnwood and South County Regional Stadiums as outlined in the agenda memorandum, and authorization for the Chair to sign documents as approved by the County Attorney. 2. First Amendment to Donation Agreement with SLC Fair Association for Fairgrounds Wastewater Treatment Plant Expansion Consider staff recommendation to approve the first amendment to the Donation Agreement with the SLC Fair Association extending contract C07-04-307 one year as drafted by the County Attorney and authorization for the Chair to sign. END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for August 25, 2009. REGULAR AGENDA Vill. BOARD OF COUNTY COMMISSIONERS Upda �Yer, Updates from the Commissioners on the various Boa rZCommittees IX ADDITION COUNTY ATTORNEY we" FPL Energy Secure Line (Natural Gas Pipeline) — Permission to Advertise — Project Informational Meeting Consider staff recommendation to grant permission to advertise a public information meeting on FPL's proposed natural gas pipeline in late September2009. c X. ANNOUNCEMENTS 1. The Board of County Commissioner will hold the August Informal Monthly Meeting on Tuesday, August 25, 2007 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 10, 2009 at 6:00 p.m. 3. The Board of County Commissioners will hold the Final Budget Public Hearing on Tuesday, September 22, 2009 at 6:00 p.m. 4. The Board of County Commissioners will hold a Budget Workshop on Tuesday, September 29, 2009 at 1:30 p.m. in Conference Room #3 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-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org tiiii[iii�itt�iitiiiiiiiiilliiliiiiisiiliiiiii{tiiii 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 I. MINUTES 5'd Approve the minutes from the August 11, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 46 and 47. 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-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.org 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 MINUTES Approve the minutes from the August 11, 2009 meeting. II. GENERAL PUBLIC COMMENT 111. CONSENT AGENDA A. WARRANTS Approve warrant list No. 46 and 47. B. PUBLIC WORKS South St. Lucie County Beach Restoration Project Consider staff recommendation to approve to submit permit applications for the South St. Lucie County beach and dune restoration alternative as recommended in the agenda memorandum. 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Dated August 18, 2009 Convened: 6:00 pm. Adjourned: 8:30 p.m. Present: Chairperson, Paula A. Lewis, Charles Grande, Chris Dzadovsky, Chris Craft, Doug Othe s Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Chri., topher Steers, Asst. County Administrator, Heather Young, Asst. County Attorney, Beth Ryder, Com unity Services Director, Mark Satterlee, Growth Management Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk IV V. INVOCATION PLEDGE OF ALLEGIANCE MINUTES Approve the minutes from the August 11, 2009 meeting. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve the minutes of the meeting held August 11, 2009, and; upon roll call, motion carried unanimously. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-240 proclaiming the week of July 20, 2009 as "Treasure Coast Waterway Cleanup Week" in St. Lucie County, Florida. Consider staff recommendation to adopt the attached Resolution No. 09-240 as drafted. It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09-240, and; upon roll call, motion carved unanimously. GENERAL PUBLIC COMMENT John Arena, area resident, addressed the Board outdoor spraying of shipping containers at the Port. Michael Jacquin, Jacquin and Sons, addressed the Board regarding item 6-132 which has been deleted from tonight's agenda. He advised the Board he has other options available to the county that will enable his ipany to participate in the process. He requested the opportunity to discuss this issue further with each Craig Mundt, representing the UDT Seal Museum, addressed the Board and advised them of the world wide lia coverage of the lifeboat acquired by the Museum. M'. Al Becher, Coastal Florida PBA, representing the SLC Sheriffs Department Deputies, addressed the Board a d presented a copy of the Special Magistrate's opinion for the Board's review. He requested after the d cuments have been reviewed the Board schedule this item for discussion at an upcoming Board meeting Asst. County Attorney advised the Board they would be discussing this issue with their outside labor sel, this is on appeal and they will get back to Mr. Becher in writing. 11 M . Jeff Furst, Property Appraiser, addressed the Board regarding the outcome of FPL taxable value. He ac vised the Board FPL treated the county in a fair manner and their taxable value is $91 million this year and the cc unty will see a benefit from this taxable value. The revenues to the county will be a little over half a million dc liars in 2011 or 2012 when they bring on a lot of new things at the power plant. M( Joseph Patroni, Port St. Lucie resident, addressed SB 360. He recommended the county consider setting up a Oommittee to see if any services among the cities and the county could be consolidated. VI. I CONSENT AGENDA It was Imoved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 46 The Board approved Warrant List No. 46. B. COUNTY ATTORNEY 1. Bear Point Mitigation Bank — Mitigation Bank Credit Refund Agreement with Southland Contracting, Inc., as Assignee of B&C Side Development, L.L.C. The Board approved the proposed Refund Agreement with the Southland Contracting, Inc., as assignee of West Side Development, L.L.C., and authorized the Chair to sign the Agreement. 2. Permission to Advertise — Resolution No. 09-236 — Award of Courthouse Annex Phase 1- A Project This item was pulled from the agenda. B. COUNTY ATTORNEY CONTINUED 3. Adopt Resolution No. 09-237 to award the 2009-2010 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab pursuant to Section 893.165F.S. The Board approved adopting Resolution No. 09-237 and award the 2009-2010 funds collected from the Drug Abuse Treatment Trust Fund to the St. Lucie County Drug Screening Lab. Once approved the 09110 budget will be revised to reflect this annual allocation. C. MANAGEMENT AND BUDGET Amendment to contract for pest control services The Board approved the eleventh amendment to contract C06-07-407 with Hulett Environmental Services, adding the new St. Lucie County Fairgrounds office building and the Maravilla Park building for a new contract total of $18,638.64, and authorized the Chair to sign documents as approved by the County Attorney. 2. Amendment to contract for generator preventive maintenance, service, inspections and load bank testing The Board approved the ninth amendment to contract C05-08-485 with Genset Services, Inc., adding the Agriculture building and extending the contract through September 30, 2010, and authorized the Chair to sign documents as approved by the County Attorney. D. SHERIFF'S OFFICE Authorization to apply for the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — JAG Countywide. The Board approved the St. Lucie County Sheriffs Office submission of the electronic application for the Florida Department of Law Enforcement (FDLE) 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -JAG Countywide in the amount of $214,095. 2 08/14/09 FZABWARR FUND TITLE 001 001180 001181 001184 001188 001190 001191 001194 001436 001500 001501 001505 001506 101 101002 101003 101004 101006 101219 102 102001 102809 102810 105 107 107001 107002 107003 107006 107153 107157 107205 107206 130 130100 130207 140 140001 140360 150 160 183 183001 183004 183006 184205 184211 185009 ST. LUCIE COUNTY - BOARD WARRANT LIST #46- 08-AUG-2009 TO 14-AUG- FUND SUMMARY General Fund US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita CDBG 07 Section 112/MPO/Fhwa/Planning 2007 FTA Sec 5307 - Buses 05/06 FTA Sec 5309 Buses 06/07 U.S. Dept of Housing & Community INTACT Inspired Network to Achieve FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Us Dept of Health Earned Income Tax Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT-Traffic Control Signal System Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD White City Drainage Imp -Citrus & Sa Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology USDOJ Edward Byrne JAG FY07 USDOJ Edward Byrne Mem Justice 2008 Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt SLC Public Transit MSTU FTA 5307 Capital and Operating assi FDOT Fized Route Grant Airport Fund Port Fund FDEP Airport W Commerce Prk Sewer Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FDEP South SLC Beach Restoration FHFA SHIP 2007/2008 11 EXPENSES 364,988.20 7, 974.00 763.00 45,715.00 689.51 9, 471.88 840.00 3,051.00 1,702.80 310.00 10,201.74 2,348.04 545.00 79,199.93 9,282.16 27,398.50 20,287.18 40,641.94 6,500.00 36,892.16 52,626.47 12,507.84 28,750.00 88,617.52 36,243.79 3,608.43 2,573.92 2,875.47 1,032.50 5,045.00 3,589.79 287.93 1,340.00 116,175.85 48,202.00 43,837.72 5,417.76 65.91 2,000.00 29.98 85.50 5, 492.76 706.30 312.63 15,368.30 3,855.48 29,548.26 262.95 009 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/14/09 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #46- 08-AUG-2009 TO 14-AUG-2009 FUND SUMMARY FUND TITLE EXPENSES 189100 Horne Consortium 189201 FHFC Hurricane Housing Recovery Pla 215 Sales Tax Revenue Bonds I&S Fund 216 County Capital I&S 310002 Impact Fees -Parks 316 County Capital 316802 FIND Stan Blum Boat Ramp 318 County Capital -Transportation Bond 318102 FHWA Angle Rd Sidewalk & Signalizat 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 461 Sports Complex Fund 471 No County Utility District-Operatin 491 Building Code Fund 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund 611 Tourist Development Trust-Adv Fund 625 Law Library 679 Timberlake Estates MSBU 801 Bank Fund GRAND TOTAL: 26,109.15 56,733.39 1,000.00 1,202.00 172,580.00 614,619.98 4,561.50 4,714.72 8,883.00 514,766.45 6,075.12 39,717.33 12,833.42 70,682.07 2,148.65 307,457.09 30,242.11 455.00 146.25 322.10 26,825.82 3,081,337.25 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1, 633.70 0.00 0.00 0.00 0.00 0.00 1, 633.70 E. PUBLIC WORKS Mainline Supply Partial Release of Surety — Road Improvement Agreement The Board approved the partial release of surety for Mainline Supply in the amount of $423,866.25. F. COMMUNITY SERVICES Award Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids The Board approved bid awards for four rehabilitation and six replacement projects under the St. Lucie County CDBG DRI Grants, and authorized the Chair to sign the documents as approved by the County Attorney. G. GRANTS/CULTURAL AFFAIRS 1. Permission to sell beer at the National Navy UDT SEAL XXIV Muster at Pepper Park. The Board approved the National Navy UDT SEAL Museum's request to sell beer at the XXIV Annual Muster to be held at Pepper Park on November 6 and 7, 2009. 2. Fish America Foundation and NOAA Restoration Center's FY2009 Community -Based Habitat Restoration Projects Program — Grant Application The Board approved authorizing the submittal of a grant application to the Fish America Foundation and NOAA Restoration Center's FY2009 Community -Based Habitat Restoration Projects Program requesting funds of $50,000. 3. Workforce Solutions of the Treasure Coast's FY2009 Class -Sized Training & Youth Activities Program — Grant Application The Board approved authorizing the submittal of a grant application for Workforce Solutions of the Treasure Coast's FY2009 Class -Sized Training & Youth Activities Program requesting funds of $132,500.00. U.S. Department of Health and Human Services' FY2009 HIV/AIDS Prevention and Support Services for Women Partners of Incarcerated/Recently Released Men Program — Grant Application The Board approved authorizing the submittal of a grant application to U.S. Department of Health and Human Services' FY2009 HIV/AIDS Prevention and Support Services for Women Partners of Incarcerated/Recently Released Men Program requesting funds for an amount not to exceed $125,000. H. CENTRAL SERVICES Flooring for Community Services Offices The Board approved a ntering into contract with Agler Tile in the amount of $32,595 for the installation of floor covering at the Community Services offices, and authorized the Chair to sign documents as approved by the County Attorney. SUPERVISOR OF ELECTIONS Purchase a High Speed Counter with Credit Memo No. CM10329 The Board approved authorizing the purchase of a High Speed Counter with the Credit from 12 Precinct Tabulators that were returned and approved the 2008/2009 Budget Amendment for the Supervisor of Elections. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 09-007 — Chapter 7 Land Development Code — Street Trees This is the first of two public hearings. No action is needed at this time. The second public hearing will be on September 1, 2009, at 6:00 p.m. or as soon thereafter as may be heard. The Asst. County Attorney addressed the Board on this item. 3 No action required. B. COUNTY ATTORNEY Ordinance No. 09-026 — Court Fees Consider staff recommendation to approve of Ordinance No. 09-026. It was moved by Com. Grande, seconded by Com. Coward, to approve Ordinance No. 09-026, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY 2707 Avenue T; Open and Unsecure Structure Consider staff recommendation to authorize staff to have the structure secured, grass mowed, brought in compliance with codes and place a lien on the property for the costs. Mr. Kenneth Goyens, Hearken Properties, LLC property owner, addressed the Board and stated he has boarded up the many times only to return and find it broken into again. This is the only house on the street. Mr. Goyens stated his intention was to go back and have the house properly secured. Com. Craft recommended delaying action for two weeks giving the property owner the time to Re -board and secure the house properly. Com. Dzadovsky recommended moving staff recommendation to begin at the end of the two week period if the property is not property boarded and secured. Staff must be comfortable with the work. If staff is not comfortable with the work, the county will move forward to secure the structure, have the grass mowed, and brought into compliance with the codes and place a lien on the property for costs. Com. Craft stated he concurred with Com. Dzadovsky's recommendation. It was moved by Com. Dzadovsky, seconded by Com. Craft to approve staff recommendation to begin at the end of the two week period if the property is not properly boarded and secured. Staff must be comfortable with the work. If staff is not comfortable with the work, the county will move forward to secure the structure, have the grass mowed, and brought into compliance with the codes and place a lien on the property for costs, and; upon roll call, motion carried unanimously. D. PUBLIC WORKS Code Compliance Division - Unsafe Structure Consider staff recommendation to approve authorization to give the Code Compliance Division permission to demolish the structure, clean the property, and assess the entire cost which shall constitute a lien payable to St. Lucie County. Mr. Joe Zielinski, property owner, addressed the Board. He stated he has been unemployed for One and one half years. He stated he had contacted various agencies for assistance and was told money was not available. He advised the Board he has pulled permits for the demolition and expects a bull dozer to be available for the project in the next 4 days. Mr. Eddie Reed, area resident requested the Board take action. He believes this problem has been going on too long, since 2006. He advised the Board that the house also has need for repairs. Mr. Jim Moore, Ft. Pierce resident, addressed the Board and stated he believes Mr. Zielinski has made a good effort, however he needs to do more. Mr. Moore owns the property near the bam and has plans on putting his home on the market. Mr. Zielinski asked the residents to give him 30 days to demolish the structure and clean up the area. Com. Coward stated this was a public safety issue and must be demolished by September 1, 2009. Com. Craft requested the Board consider giving Mr. Zielinski a couple of extra days 4 Com. Dzadovsky stated we are presently in the tropical storm season and was not willing to give any additional time. The Community Services Director advised the Board she had made appointments with Mr. Zielinski to come into her office to fill out the necessary application for assistance and he cancelled one appointment with Stephanie Myers in February and did not show up for the other. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve staff recommendation should the demolition and clean up not be completed by September 1, 2009 as indicated in attachment B, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. COUNTY ATTORNEY House Bill 227 (2009) Consider staff recommendation to approve to agree to participate in the legal challenge to the constitutionality of House Bill 227 as a party plaintiff. It was moved by Com. Grande, seconded by Com. Dzadovsky to approve staff recommendation, and; upon roll call, motion carried unanimously. IX. Senate Bill 360 (Community Renewal Act) — Lawsuit filed by the City of Weston challenging Senate Bill 360 as being Unconstitutional Consider approving either Resolution No. 09-206A to join the Weston lawsuit or Resolution No. 09-206B to support the Weston lawsuit and authorize the Chairman to sign the Resolution. Com. Craft advised the Board he supported the law suit but was not inclined to join it and expend the $2500 since the suit was already filed. He believes they would be intervening and he believes they will be revisiting the issue at the next session at least this is what he is hearing from Tallahassee. Com. Grande stated he felt joining the suit would be critical and would show the county's stand on the issue. He believes the Senate President stated they would not be bringing this issue up at the next session. He believes this would be the only way to abolish the issue. Com. Dzadovsky stated he felt the law suit was extremely important for the residents and joining it would give the county the ability to participate in how it proceeds. He believes our legal team understands what the Board and the residents want and need. Com. Lewis stated she concurred with Com. Craft and stated all indications are that they will be revisiting it at the next session. She does not see the need to join the law suit at this time since it is already on going and believes there will be changes. Com. Coward addressed what Bill 360 would do and the consequences as well as the impact it would have on the counties and the cities i.e. not requiring concurrency and development at the present taxpayer's expense. He believes this is an important issue but not just a legal issue. They have the ability at the local level to work with the cities and have intergovernmental coordination and make sure developers pay for their share of the impact, this is what they should uphold and move forward with a JPA. He believes the law suit will not amount to anything and believes they should be addressing what they could do at the local level through cooperation of the local governments. Com. Grande stated he was in favor of the JPA, however, Senator Bennett clearly stated he intended for SB 360 to override any local solutions. Com. Craft stated he believed the law suit would take some time to be settled and believes changes will be made at the upcoming session. Com. Coward asked the County Administrator's opinion on this issue. The County Administrator advised the Board she felt the Bill as written was "egregious" and felt the $2500 expense would be well worth it from a staff perspective to help stress the county's position. Administratively it has been difficult for staff to understand such an "egregious" Bill. Com. Craft stated he would prefer to use the funds for an ad indicating those who have voted for this Bill. It was moved by Com. Grande, seconded by Com. Dzadovsky to approve 09-206A indicating the Board will be joining the Weston suit, and; upon roll call, motion carried unanimously. 5 Unagendad Com. Dzadovsky requested the Board ratify his appointment of Todd Mowery, to the Planning and Zoning Board. It was moved by Com. Craft, seconded by Com. Grande to ratify Com. Dzadovsky's appointment, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court R SIN OUR HANDS 2010 CENSUS: Complete Count Committees Press Kit N S SBU E IJ UnitedCensus aes 2010 Complete Count Committees Press Kit Contents Executive Summary 1 Complete Count Committee Press Release 2 About Complete Count Committees Potential Stories 4 Complete Count Committee Facts 6 Multimedia Resources 7 Contacts g United States USCL:NS_ S$URE..0 Census 2010 Executive Summary 2010 Census Complete Count Committees The U.S. Census Bureau cannot conduct the 2010 Census alone. Complete Count Committees (CCCs) are volunteer committees established by state, local and tribal governments, and/or community leaders to increase awareness of the 2010 Census and motivate residents in their communities to respond. They often include a cross section of community representatives — including government agencies, education, business, faith -based organizations and the media and aim to address the various racial, ethnic, cultural and geographic considerations of their communities. The following media materials provide useful information, story ideas and multimedia resources pertaining to CCCs and the important role they play in raising awareness of the 2010 Census, including: Reaching Hard -to -Count Populations — CCCs design and implement plans to inspire hard - to -count groups in their communities to participate. A History of Making a Difference — Since the 1980 Census, CCCs have played a major role in raising awareness of the census among all groups and populations. Speaking the Language of the Community — CCCs have their fingers on the pulse of their communities, so they are best suited to develop census awareness campaigns that address the special characteristics of their communities. U C NS S B U E U United States Census 2010 U.S. Census Bureau News U.S. Department of Commerce • Washington, D.C. 20233 FOR IMMEDIATE RELEASE THURSDAY, JULY 23, 2009 Public Information Office CB09-CN.13 301-763-3691 e-mail: <pio @census. gov> Complete Count Committees Are Forming Nationwide for the 2010 Census Local volunteer committees drivingparticipation in their communities Complete Count Committees (CCC) are forming across the country to spread the word about the importance of the 2010 Census and to motivate every resident in their community to complete and return their 2010 Census questionnaire. Made up of state, local and tribal governments, and/or community leaders, CCCs are one of the core strategic elements of the 2010 Census. Committees often include a cross section of community representatives — including government agencies, education, business, faith -based organizations and the media — and aim to address the various racial, ethnic, cultural and geographic considerations of their communities. Using local knowledge, expertise and influence, CCCs plan and implement census awareness campaigns that address the special characteristics of their communities. Local campaigns are designed to reach traditionally undercounted populations by stressing the importance of an accurate census count, including how data are collected and used. Since the 1980 Census, CCCs have played a major role in raising awareness of the census among all groups and populations through various activities. From now until May 2010, CCCs nationwide are implementing key activities, which often include: Holding events, such as a Census Day `Be Counted" Parade, that generate interest and participation. Distributing census information and materials through Web sites, newsletters and at events. (more) U�>CLNS S 3 U R E A, U Cen s 201� -2- Partnering with organizations in their communities to include census messaging in their communications. A number of CCCs are already in place in cities nationwide, and more are forming each day. Those interested in organizing a committee should call their regional census center or visit 2010.census.gov. ABOUT THE 2010 CENSUS The 2010 Census is a count of everyone living in the United States and is mandated by the U.S. Constitution. Census data are used to distribute Congressional seats to states, to distribute more than $300 billion in federal funds to local, state and tribal governments each year and to make decisions about what community services to provide. The 2010 Census questionnaire will be one of the shortest in history and consists of 10 questions, taking about 10 minutes to complete. Strict confidentiality laws protect the confidentiality of respondents and the information they provide. 5M Editor's note: More information, fact sheets and multimedia are available on the Census Bureau's online news room. Go to www.2010census.gov. As with all 2010 Census information, the address information collected by the Census Bureau is confidential by law (Title 13, U.S. Code, Section 9). All Census Bureau employees have taken a lifetime oath to protect confidentiality and are subject to a jail term, a tine — or both — for disclosing any information that could identify a respondent or household. tJ C NS S B U E_ U United States Census 2010 Potential Stories As members of the media, you have a unique opportunity to share news and information about the 2010 Census and the role and activities of Complete Count Committees (CCCs) with a broad and diverse audience. The story topics provided below will help raise awareness of CCCs and their work plan in communities in preparation of the questionnaire mail date in March 2010. Each of these story ideas can be easily customized with specific community information to reflect the activities and interests of your local market. For more information or to arrange time to speak with a Census Bureau representative, please see the Contacts section. Story 1 Complete Count Committees: Cross Section of Community Leaders Reaching Hard -to - Count Populations The Census Bureau cannot conduct the 2010 Census alone. Complete Count Committees (CCCs) are one of the core strategic elements of the regional Partnership program for the 2010 Census. These volunteer committees established by tribal, state and local governments, and community leaders, work best when they include a cross section of community representatives from government agencies, education, business, faith -based organizations and the media. Through a diverse make-up that is all-inclusive and addresses the various racial, ethnic, cultural and geographic considerations of the community, CCC members create and implement locally -based, grassroots outreach efforts geared toward reaching every resident, including hard -to -count groups. • Interview: Several community leaders that make up a local CCC — such as an elected official, a member of a faith -based organization and representative of a local business about their role on the committee and its 2010 Census outreach plans. • Visual: Cover a rally or community event with CCC or Census Bureau presence. Story 2 Complete Count Committees: A History of Making a Difference for the Census Bureau Since the 1980 Census, CCCs have played a major role in raising awareness of the census among all groups and populations. The expertise, influence, knowledge and experience of CCC members are resources that are invaluable to a successful enumeration. State and Local Government CCCs are constructed of community members appointed by the highest elected officials of a tribal, state, county or local governments, while Community CCCs are teams of community leaders and/or organizations brought together to design an outreach plan for hard -to - count areas or populations in their community. All three are driven to develop and implement census awareness campaigns that motivate every resident to complete their census questionnaire thoroughly and return it in a timely manner. UISCENS .. SBUL_E.,U CUrAted s 201� • Interview: A CCC member who has been part of a CCC in a past census and who can shed light on new challenges in 2010 and ways the CCC is addressing those in order to ensure a complete count in their community. • Visual: Event or activity designed to address anew challenge specific to the 2010 Census. Story 3 Complete Count Committees: Speaking the Language of the Community An integral part of achieving a complete and accurate count in the 2010 Census is identifying, communicating and inspiring hard -to -count groups to participate. One of the most strategic and effective ways is through the creation of CCCs, especially Community CCCs. Community CCCs are teams of community leaders that speak the language of their community, and utilize local knowledge, expertise and influence to design and implement a census awareness campaign targeted to inspire others to take action and participate in the 2010 Census. Community CCCs have the local knowledge and the ability to focus on potential problem areas such as populations speaking languages other than English, low response rates, high number of renters, and other hard -to -count groups. The knowledge and expertise then leads to the development of innovative activities geared to specific groups within the community. • Interview/visual: Cover an event geared toward a specific group within a community. Interview CCC members about goals and details of the event as well as several event attendees on their reactions to the event. U C NS S B U E U United States Census 2010 Complete Count Committees — Facts The goal of the 2010 Census Complete Count Committee (CCC) Program is to convene 10,000 CCCs that are well organized, highly productive and have quality outreach strategies in place. • A CCC is a volunteer committee established by tribal, state and local government, and community leaders or organizations to increase awareness and motivate residents to respond to the 2010 Census. • CCCs exist to plan and implement locally -based outreach campaigns built on the members' knowledge and understanding of what it takes to inspire action and raise awareness of the census and ultimately drive participation. • Since the 1980 Census, CCCs have played a major role in raising awareness of the census among all groups and populations. The expertise, influence, knowledge and experience of CCC members are invaluable resources to a successful enumeration. • CCCs should be all-inclusive, addressing the various racial, ethnic, cultural and geographic considerations of the community. • Government CCCs are committees of community members appointed by the highest elected officials of a tribal, state, county or local government for the purpose of developing and implementing a census awareness campaign that motivates residents to complete their questionnaire and return it in a timely manner. • Community CCCs are made of teams of community leaders and/or organizations brought together to design an outreach plan for hard -to -count areas or populations in their community. Their focus is to encourage individuals in their community to complete and mail back their questionnaire. • Census Bureau Partner Specialists will assist tribal, state and local governments, and nongovernmental organizations to organize and form CCCs for the 2010 Census. U «CLNS SBURE U u��as� Census 2010 Multimedia Resources • Complete Count Committee Information o Complete Count Committee Guide — http://2010.census.gov/2010census/p-df/2010 CCC Guide Final.ndf o Complete Count Committee Brochure — http•//2010.census.g_ov/partners/pdf/cccBrochure update.ndf • General 2010 Census Information o Operational Timeline — htti)://2010.census.gov/2010census/about 2010 census/013279.htm1 o 2010 Census logo — http://201 O.census.gov/partners/census-logos/ [J:C-NS'iSBU E.-tJ United States Census 2010 2010 CENSUS: IT, ANDS Contacts National Contacts To secure a spokesperson for national stories, request additional information or to schedule an interview, please contact: • Census Bureau Public Information Office: (301) 763-3691 or pio.2010na,census.eov Regional Contacts For regional/local story angles, please contact the following offices to secure an appropriate spokesperson, request additional information or to schedule an interview: • Atlanta Region (Alabama, Florida, Georgia) : 1-800-424-6974 • Boston Region (Connecticut, Maine, Massachusetts, New Hampshire, New York, Puerto Rico, Rhode Island, Vermont): 1-800-562-5721 • Charlotte Region (Kentucky, North Carolina, South Carolina, Tennessee, Virginia): 1-800-331-7360 • Chicago Region (Illinois, Indiana, Wisconsin): 1-800-865-6384 • Dallas Region (Louisiana, Mississippi, Texas): 1-800-835-9752 • Denver Region (Arizona, Colorado, Montana, Nebraska, Nevada, North Dakota, New Mexico, South Dakota, Utah, Wyoming): 1-800-852-6159 • Detroit Region (Michigan, Ohio, West Virginia): 1-800-432-1495 • Kansas City Region (Arkansas, Iowa, Kansas, Minnesota, Missouri, Oklahoma): 1-800-728-4748 • Los Angeles Region (Southern California, Hawaii): 1-800-992-3530 U`CENS. SBLJk EAU Cens s 201� • New York Region (New York): 1-800-991-2520 • Philadelphia Region (Delaware, New Jersey, Maryland, Pennsylvania, Washington D. C.): 1-800-262-4236 • Seattle Region (Alaska, Idaho, Northern California, Oregon, Washington): 1-800-233-3308 [J C NS S B U E. U United States Census 2010 9 �r ,v.y_ We e vc<n, Subjectst iu Z Releases « 2010 Census U.S. Census Bureau News U.S. Denanment of Commerce • Washington, D.C. 20233 FOR IMMEDIATE RELEASE TH U RS DAY, J U LY 23, 2009 Public Information Office CB09-CN.17 301-763-3691 2010 Census Web site e-mail: <pio.2010@census.gov> 2010 Census sample form [PDF] Printing of 2010 Census Questionnaires Under Way New 10-Question Survey Among Shortest Since First Census in 1790 The U.S. Census Bureau has begun printing 2010 Census questionnaires as the agency continues preparations for next year's count of the U.S. population. The new questionnaire, which every residential address will receive, is designed to be one of the shortest since the first census in 1790, asking just 10 questions and taking about 10 minutes to complete. "Our goal is to count everyone living in the United States once, only once, and in the right place," said Census Bureau Director Robert M. Groves. "Making that happen begins with the 2010 Census questionnaire, a powerful tool that provides critical data that will guide representation in Congress and the distribution of more than $400 billion in federal funds to state, local and tribal governments every year." Beginning in mid -March 2010, more than 120 million questionnaires will be delivered to U.S. residential addresses. To meet the goal, the Census Bureau will print more than 1.5 million documents every day. For the first time, more than 13 million questionnaires will be bilingual (English — Spanish). The move is based on tests showing that targeting the bilingual questionnaires toward areas with high concentrations of Spanish -only speakers will improve response rates. Questionnaires are also available on request in Spanish, Chinese (simplified), Korean, Vietnamese and Russian. Language guides, which provide instructions on how to complete the questionnaire, are available in nearly 60 languages. "The Census Bureau has gone to great lengths to make the printing process as efficient and eco-friendly as possible," Groves said. "The printing of 2010 Census questionnaires uses 30 percent less ink than 10 years ago and will be printed on 30 percent recycled paper." Another critical factor in the success of the census is the quality of the address list used for delivering the questionnaires next March. This spring, Census Bureau workers walked every street in the nation to match actual residential addresses on the ground with those provided in lists from the U.S. Postal Service and local governments. http://www. census. gov/Press-Release/www/releases/archives/2010—census/014018.html 7/24/2009 US Census Press Releases Page 2 of 2 The 140,000 workers who verified addresses operated out of 151 local census offices in the U.S. and Puerto Rico. In the fall, an additional 344 local census offices will open. The Census Bureau will hire approximately 1.4 million people to conduct the 2010 Census, including following up with households that do not return their questionnaire. "The 2010 Census is easy, important and safe," Groves said. "The Census Bureau is ready to undertake this massive domestic operation and looks forward to everyone's participation in the national count." The 2010 Census is a count of everyone living in the United States and is mandated by the U.S. Constitution. Census data are used to distribute congressional seats to states, to distribute more than $400 billion in federal funds to local, state and tribal governments each year and to make decisions about what community services to provide. The 2010 Census questionnaire will be one of the shortest and simplest to complete in history. Strict laws protect the confidentiality of respondents and the information they provide. -X- Source: U.S. Census Bureau I Public Information Office I Last Revised: July 23, 2009 http://www. census.gov/Press-Release/www/releases/archives/2010_census/014018.html 7/24/2009 About 2010 Census What Count The census is a count of everyone residing in the United States: in all 50 states, the District of Columbia, Puerto Rico and the Island Areas. Who Everyone All residents of the United States must be counted. This includes people of all ages, races, ethnic groups, citizens and non -citizens. When Every 10 years Every 10 years, and the next census occurs in 2010. Census questionnaires will be mailed or delivered to every household in the United States in March 2010. The questions ask you to provide information that is accurate for your household as of April 1, 2010. The Census Bureau must count everyone and submit state population totals to the U.S. President by December 31, 2010. The first Census was conducted in 1790 and has been carried out every 10 years since then Where Everywhere in the U.S. The census counts everyone residing in the United States: in all 50 states, the District of Columbia, Puerto Rico and the Island Areas. People should be counted where they live and sleep most of the year. Why The U.S. Constitution (Article I, Section 2) mandates a headcount of everyone residing in the United States. The population totals determine each state's Congressional representation. The numbers also affect funding in your community and help inform decision makers about how your community is changing. More info... How The Census Bureau will mail or deliver questionnaires to your house in March 2010. We will mail a second form to households that do not respond to the initial questionnaire. Households that still do not respond will be called or visited by a Census worker. (Census workers can be identified by a census badge and bag.) Source: U.S. Census Bureau I Public Information Office 1 (301) 763-3691 1 Last Revised: June 24, 2009 http://2010.census.gov/2010census/about 2010_census/index.html 7/24/2009 2010 Census: 2010 Census Timeline: Key Dates Page 1 of 1 2010 Census Timeline: Key Dates Fall 2008: Recruitment begins for local census jobs for early census operations. Spring 2009: Census employees go door-to-door to update address list nationwide. Fall 2009: Recruitment begins for census takers needed for peak workload in 2010. February — March 2010: Census questionnaires are mailed or delivered to households. April 1, 2010: Census Day April — July 2010: Census takers visit households that did not return a questionnaire by mail. December 2010: By law, Census Bureau delivers population counts to President for apportionment. March 2011: By law, Census Bureau completes delivery of redistricting data to states. Source: U.S. Census Bureau I Public Information Office 1 (301) 763-3691 1 Last Revised: June 19, 2009 http://2010.census.gov/201Ocensus/about-20I0—census/013279.html 7/24/2009 Why fill out the census form? Every household in the country will receive a questionnaire in 2010. To ensure an accurate and fair count of all populations at all geographic levels in the nation, the Census Bureau needs you or someone in your household to respond to the census questionnaire. • It's important. — Census data affect funding for your community, your community's representation in Congress and your community leader's planning decisions. More info... . It's easy. — The census questionnaire takes only a few minutes to answer and return by mail. . It's confidential. — Your responses are protected by law (Title 13, U.S. Code, Section 9). All Census Bureau employees have taken an oath to protect confidentiality and are subject to a jail term, a fine — or both — for disclosing any information that could identify a respondent or household. More info... • It's required by law. — The information you provide is combined with responses provided by your neighbors and other households across the country, to provide summary statistical data that are used by various local, state and federal agencies. It's important • Census affects funding in your community Census data directly affect how more than $300 billion per year in federal and state funding is allocated to communities for neighborhood improvements, public health, education, transportation and much more. That's more than $3 trillion over a 10-year period. Spending just a few minutes to fill out your census form will help ensure your community gets its fair share of federal and state funding. • Census affects your voice in Congress Mandated by the U.S. Constitution, the census is also used to apportion seats in the U.S. House of Representatives and to redistrict state legislatures. More information about the 2010 Census Redistricting_Data Program.. . • Census affects your representation in state and local government Census data are used to define legislature districts, school district assignment areas and other important functional areas of government. . Census informs your community's decisions The census is like a snapshot that helps define who we are as a nation. Data about changes in your community are crucial to many planning decisions, such as where to provide services for the elderly, where to build new roads and schools, or where to locate job training centers. Source: U.S. Census Bureau I Public Information Office 1 (301) 763-3691 1 Last Revised: June 19, 2009 http://20IO census.gov/2010census/about_2010_census/007625.html 7/24/2009 2010 Census: 2010 Census is Different Page 1 of 1 2010 Census is Different The Census Bureau has changed the way it conducts the national count. Goodbye Long Form In the past, most households received a short -form questionnaire, while one household in six received a long form that contained additional questions and provided more detailed socioeconomic information about the population. The 2010 Census will be a short -form only census and will count all residents living in the United States as well as ask for name, sex, age, date of birth, race, ethnicity, relationship and housing tenure — taking just minutes to complete. The more detailed socioeconomic information is now collected through the American Community Survey. The survey provides current data about your community every year, rather than once every 10 years. It is sent to a small percentage of the population on a rotating basis throughout the decade. No household will receive the survey more often than once every five years. View more information on the American Community Survey. A similar survey, the Puerto Rico Community Survey_ is conducted in Puerto Rico. Source: U.S. Census Bureau I Public Information Office 1 (301) 763-3691 1 Last Revised: June 19, 2009 http://2010.census.gov/2010census/about_2010_census/007622.html 7/24/2009 2010 Decennial Census Local Update of Census Addresses (LUCA) What's New? Federal Register Notice (March 31, 2009): Procedures for Participating in the Appeals Process for the 2010 Decennial Census Local Update of Census Addresses (LUCA) Program. [P• DFl (TEXTI Federal Register Notice (July 1, 2009): Procedures for Participating in the 2010 Decennial Census New Construction Program. [PDFJ EXT NOTE: A complete New Construction web page is coming soon. You will be able to access it from the Geographic Programs Pie. LUCA Program Information The Local Update of Census Addresses program, also known as LUCA, is a decennial census geographic partnership program that will allow the Census Bureau to benefit from local knowledge in developing its Master Address File (MAF) for the 2010 Census. Tribal, state, and local governments can contribute to a more complete and accurate census for their community by reviewing and commenting on the list of housing unit and group quarters addresses that the Census Bureau will use to deliver questionnaires within their community. The LUCA program is made possible by the Census Address List Improvement Act of 1994 (Public Law 103-430) which provides an opportunity for designated representatives of local, state, and tribal governments to review the addresses contained in the MAF. The program operates as follows: • The invited governments designate a LUCA liaison to review the portion of the Census address list covering the area under its jurisdiction. The LUCA liaison will be subject to the same confidentiality requirements as census workers, prohibiting the disclosure of census information. The address list is confidential under Title 13 U.S.C. and participants must review a set of security guidelines [PDFJ / [MS Word] and sign a confidentiality agreement [PDFJ / IMS Word l promising to protect the confidentiality of the addresses. • The Census Bureau will send the LUCA liaison an address list from the MAF, corresponding maps, and address tallies. • In areas with city -style addresses, the LUCA liaison can provide input regarding individual addresses on the list, as well as addresses missing from the list that should be added. The Census Bureau will verify this input during the Address Canvassing Operation and provide feedback to the participants about the results. • In areas with noncity-style addresses (e.g., rural route and box number or post office box numbers), the LUCA liaisons will provide input regarding the count of housing unit and group quarters addresses. The Census Bureau will visit each census block during the 2010 Census Address Canvassing Operation and update the Census address list. The Census Bureau will provide the LUCA participants with an updated address list and maps during the feedback phase. • Public Law 103-430 allows the LUCA participants to appeal the Census Bureau determinations provided during the feedback phase. All appeals must be adjudicated prior to Census Day to ensure that the housing unit is visited during the enumeration phase. An agency independent of the Census Bureau will review and decide on all appeals prior to Census Day, April 1, 2010. The Census Bureau is making a number of improvements to the 2010 Decennial Census LUCA program that are being tested during the 2008 Census Dress Rehearsal. • There will be a single review cycle for all address types versus the multiple cycle of review that was used for Census 2000. • There will be a longer review period: 120 calendar days versus 90 calendar days. • There will be more advance notice so that participating governments can prepare. • There will be more comprehensive communications as well as periodic contact to answer questions and gauge each participating government's progress. • For the Dress Rehearsal, state governments were offered an opportunity to directly participate in LUCA. • There will be three options for participation: • Option_1 - Full Address List Review, which requires the entity to sign a confidentiality agreement; • Option 2 - Provide your local address list (only city -style addresses) for Census Bureau http://www.census.gov/geo/www/luca20I0/luca.html 7/24/2009 2010 Census LUCA Program Page 2 of 2 matching and feedback (requires the entity to sign a confidentiality agreement); Option 3 - Provide your local address list (only city -style addresses) for Census Bureau matching but no feedback (no Title 13 confidentiality agreement) will be provided. Governments in the Commonwealth of Puerto Rico may only participate in the 2010 Decennial Census LUCA program using Option 1. Participating governments in the 2010 Decennial Census LUCA program will be offered the option of using the Census Bureau supplied MAF/TIGER Partnership Software application that combines the Census address list, address count list, and maps in an easy -to -use Geographic Information System (GIS) software package. Tentative 2010 Decennial Census LUCA Schedule Time Frame Activity January 2007 to LUCA Advance notice letters mailed to the highest elected official and other February 2007 contacts in all active functioning governments. invitation letters and registration materials mailed to the highest elected August 2007 7FLUCA official and other contacts of each government. August 2007 to Invited governments register for LUCA and the Census Bureau ships the LUCA January 2008 Ireview materials to each participating government. November 2007 to LUCA participants review and update the address list and return their comments March 2008 Ito the Census Bureau's Regional Office. October 2007 to Census Bureau reviews the participant's LUCA submission and updates the October 2008 Master Address File and the TIGER® geographic database. November 2008 to Census Bureau prepares for and conducts the Address Canvassing Operation July 2009 jusing GPS equipped hand-held computers. Census Bureau ships feedback materials to the LUCA participants showing how Fall/Winter 2009 11we processed each government's LUCA submissions. LUCA participants review their LUCA feedback. Participants that selected Option FaIlMinter 2009 1 or 2 have the opportunity to appeal the results to the LUCA Appeals Office. Winter 2009/2010 JILUCA Appeals Office reviews and adjudicates the appeals. Contact Information If you have any questions regarding the LUCA program, please contact the Local Geographic Partnerships Branch via e-mail at geo.luca@census.gov , by phone at 866-511-LUCA, or by mail to: Geography Division US Census Bureau Stop 7400 4600 Silver Hill Road Washington, DC 20233-7400 For technical questions please call the Geographic Partnership Help Desk by phone at 866-919-LUCA or by email at geo.tech.help o census.goy. http://www.census.gov/geo/www/luca2010/luca.html 7/24/2009 n m Z N C N V) 4-' O cz 4-J O � bn O O b.A r V,) W ;-4 V P--4 .� .--, O N � V) O O �ct O 4-J 4-1 r = W >' p � �O V .� n +-j O C,O +�.J (a) O V) � P cr = ct ;:S .--! 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IV-B DATE: August 25, 2009 REGULAR[x] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-252 recognizing St. Lucie County's agreement to be one of 39,000 Governmental Entities in partnership with the U.S. Census Bureau in 2010 to form a Complete Count Committee for the Decennial Census. BACKGROUND: The next Decennial Census will be taken in the year 2010, and political representation to the United States House of Representatives, state legislatures and local governments is determined by the Decennial Census, and St. Lucie County recognizes the equal importance of each resident in the 2010 Census count. St. Lucie County has agreed to be one of 39,000 government entities in partnership with the U.S. Census Bureau. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-252 as drafted. COMMISSION ACTION: CONCURRENCE: �] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 _-n Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ ]Management @ Budget: ( ]Purchasing: Daniel S. McIntyre (] Road fx Bridge.: () Parks @ Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 RESOLUTION NO. 09-252 A RESOLUTION RECOGNIZING ST. LUCIE COUNTY'S AGREEMENT TO BE ONE OF 39,000 GOVERNMENT ENTITIES IN PARTNERSHIP WITH THE U.S. CENSUS BUREAU IN 2010 TO FORM A COMPLETE COUNT COMMITTEE FOR THE DECENNIAL CENSUS WHEREAS, the next Decennial Census will be taken in the year 2010, and political representation to the United States House of Representatives, state legislatures and local governments is determined by the Decennial Census, and St. Lucie County recognizes the equal importance of each resident in the 2010 Census count; and WHEREAS, St. Lucie County has agreed to be one of 39,000 government entities in partnership with the U.S. Census Bureau; and WHEREAS, St. Lucie County understands that its primary role in this partnership is to formulate a COMPLETE COUNT COMMMITTEE that should include, but is not limited to the following sub -committees: Government, Education, Media, Faith-Based/Religion, Community - based Organizations, Business, Recruiting, and Special Housing; and WHEREAS, St. Lucie County understands that the purpose of the Complete Count Committee is to bridge gaps between the community and the Census Bureau; to raise awareness within the community of the importance of being counted through outreach, education and advertising; to connect the broadest possible combination of socioeconomic, ethnic, cultural and community based groups into the Census process; and to generally support local, regional, and national efforts towards attaining a complete count; and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: 1. St. Lucie County hereby proclaims full support of and participation in the overwhelming success of 2010 Census through the formulation of a COMPLETE COUNT COMMITTEE. PASSED AND DULY ADOPTED this 25`h day of August, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS 08/21/09 FZABWARR FUND TITLE 001 001164 001184 001188 001194 001436 001500 001501 001505 101 101002 101003 101004 101006 102 102001 102809 107 107001 107002 107003 107005 107006 107205 107206 109 121 130 140 140001 150 160 183 183004 183006 185009 189100 189201 310002 310205 310806 316 316202 318 318102 382 401 418 ST. LUCIE COUNTY - BOARD WARRANT LIST #47- 15-AUG-2009 TO 21-AUG-200-9 FUND SUMMARY General Fund USDOJ Violence Against Women Grant CDBG 07 Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community INTACT Inspired Network to Achieve FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Drug Abuse Fund Blakely Subdivision Fund SLC Public Transit MSTU Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2007/2008 Home Consortium FHFC Hurricane Housing Recovery Pla Impact Fees -Parks FDEP/FRDAP MLK/Dreamland Park FIND-S. Causeway Island Park Imp County Capital Summerlin Boat Dock County Capital -Transportation Bond FHWA Angle Rd Sidewalk & Signalizat Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund EXPENSES - 287,718.78 25,357.97 92.44 827.63 20.16 800.65 36.82 4, 601.85 6,112.82 11,773.71 17,665.21 4, 980.80 4,264.10 2,682.97 33,103.77 16,585.65 1,010.00 553,152.94 4,723.32 19,823.84 8, 916.54 8, 627.75 20,189.33 458.85 611.05 35.00 99.36 161.39 5,076.25 148.80 115.00 253.58 4,542.86 449.65 1,388.13 151.03 102.51 1,067.13 294,909.70 44,267.86 36,721.07 9,800.68 19,750.00 10,475.00 2,272.00 190.12 162,800.51 21,098.20 PAGE PAYROLL 603,623.29 0.00 1,242.41 11,204.58 266.27 1,157.60 508.08 2, 969.81 0.00 38,631.77 46,661.07 23,000.51 17,542.35 0.00 77,445.03 5,555.78 0.00 144,768.64 1,113.60 1,113.60 0.00 0.00 8, 736. 95 2,076.00 0.00 0.00 0.00 2,176.18 14,841.82 0.00 1,523.20 3,351.26 3, 009.49 5, 404 . 72 0.00 2,163.26 1,340.00 3,411.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 57,393.86 21,567.14 08/21/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #47- 15-AUG-2009 TO 21-AUG-2009 FUND SUMMARY FUND 451 458 461 471 478 479 491 505 611 665 801 TITLE S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund SLC Art in Public Places Trust Fund Bank Fund EXPENSES 10,552.43 39.16 39,524.74 121,187.29 96.28 16,501.56 5,207.79 183,419.92 226.97 35,430.00 212,987.06 PAGE 2 PAYROLL 3,269.15 529.39 18,618.40 7, 689.75 1,304.30 1,481.04 33,425.62 2, 354.79 2,001.06 0.00 0.00 GRAND TOTAL: 2,275,187.98 1,174,473.57 AGENDA REQUEST I COUNTY F L Ci R I D R TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-13-1 DATE: August 25, 2009 REGULAR[] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: John Franklin Settlement Proposal BACKGROUND: See CA No. 09-0829 PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board deny the John Franklin Settlement Proposal presented by Richard L. Brown, Esq. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [) OTHER: Approved 5-0 Review and Approvals ;r [X] County Attorney: E.j A [ ]Management & Budget: Daniel McIntyre [ ] Road & Bridge.: [) Parks & Recreation Director [ ]Finance:(check for copy only, if applicable) Faye W. Outlaw, MPA County Administrator [ ) Public Works: [ ] Solid Waste Mgr 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: 09-0829 DATE: August 25, 2009 SUBJECT: John Franklin Settlement Proposal BACKGROUND: St. Lucie County has received a settlement proposal from Richard L. Brown, Esq., legal counsel for John Franklin. On March 5, 2009, John Franklin filed a claim against St. Lucie County for wrongful termination. On May 18, 2009, his attorney submitted a settlement proposal, a copy of which is attached. RECOMMENDATION/CONCLUSION: Staff recommends that the Board deny the John Franklin Settlement Proposal presented by Richard L. Brown, Esq. Respectfully submitted, Katherine Mackenzie -Smith Assistant County Attorney KMS/cb Attachment May 10 09 O4:01p RICHARD L. 13ROUN,P.R. i772)231-Bfl55 Fo LERWHITE B URNETT MIAMI FORTLAVOERCALE • WESTPALriSEACH • ST.PETERSOURG I VEROBEACIA May 18, 2009 Teel L. Shinkle, Esquire Gray Robinson -1795 West Nasa Boulevard Post Office Sox ..1870 Melbourne, Florida 32901 RE: John Franldin v. St Lucie Our idle Number: 76898 Dear Mr. Shinkle: P.2 4445 HCHM HI(iHWAYA I A SJJrrE 130 VCaO BEACH, FLARIOA 3 z 963 TELEFiIOHE (772) 23 1-1 777 FAC 31V NLF (7 72} 23 I ,LSa 5 5 'AwW, rOv4f.R-W)n e2. CO.4 RICHARo L. $ROwN DIRECT PHgWfc No,: (77P_) 4(39-1 �71 OJME=r r' CWMILE KO,; 1772) 'te3y• 1 372 NITRO W:�(s0) FO W �CR'fVHlTE. GOJa V°IA° PACSIMILE: 321=984-4122.. AND FIRST CLASS M;r11L; FOR SETTLEMENT PLWOSES Oh-Ly Please let this letter serve as a follow-up to our telephone conference in April regarding the above -referenced matter. I have had the opportunity to spek with my client with regard to this matter. His desire in this matter is the following: 1. He would like to be reinstated to a position of equal pay and status within the County. It is my understanding that bis previous position was a grant funded position. 2, He would like. reinstatement of all health iusurance benefits repayment of all monies expended on health insurance in the Interim between the time he was terminated wrongfully and today. 31 He would like a rcinstatement of all unpaid sick leave and accrued sick and 1,acation time. 4, Any and all information in his official personnel file to be held confidential. 5. lIe would like to be eligible for retirement/pension entitlement. 6. Repayment of money from personal retirement accounts maintain household and pay bfls during the time which he has been wrongfully terminated by the County, 7- Repayment of all legal fees in this matter, 8. Disability Insurance offered by the County, Fow-FR WHrrE BURNETT P.A. �ta� lA 09 04102F RICHRRD L. BROWN,P.A. t7721231-6855 P•3 Ted L. Shinkle, L, squire May 18, 2009 Page 2 9. A future loss of earnings claim since he purchased property built in a Martial Arts studio and due to the injury and bis teryablation he is unable to proceed. Unfor-tnnately, i do not have any numbers specifically assneiated with any of the monetary claims in this letter. I will, however, follow-up with Mr. Franklin to discuss this further if this outline of a proposal for settlement is something that the County would be able to entertain, Thank you vary much for your prompt attention to this matter. Very truly s� Richard G Brown cc: Client (Li1i)LVii7b8981LFTC1PP72,KIK(51�8/9�11.431 FOWLER WHITE BURNETT P.A. *,or AGENDA REQUEST C6UNTY F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-2 DATE: August 25, 2009 REGULAR[] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Frank and Lois Zarbo and Clyde and Deanna Decker for delinquent Impact Fees pursuant to Resolution No. 09-114. BACKGROUND: See CA No. 09-0889 PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Frank and Lois Zarbo and Clyde and Deanna Decker and sign the Agreement as drafted by the County Attorney's Office. COMMISSION ACTION: CONCURRENCE: [ APPROVED [ ] DENIED [ ] OTHER. - Approved 5-0 i2- Review and Approvals [X] County Attorney: [ ]Management & Budget: Daniel McIntyre [ ] Road & Bridge.: [) Parks & Recreation Director [ ]Finance:(check for copy only, if applicable) Faye W. Outlaw, MPA County Administrator [X) Public Works:...- Chris Lestrange f [ ] Solid Waste Mgr r r? Effective 01109 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: 09-0889 DATE: August 25, 2009 SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Frank and Lois Zarbo and Clyde and Deanna Decker 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 the 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 payers. 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 Payers. B) The Fee Payers 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 fees 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 Payers 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. Frank and Lois Zarbo and Clyde and Deanna Decker of 319 SW Kestor Drive, Port St. Lucie have asked for your consideration to enter into the Impact Fee Payment Agreement. Their payment would be $233.75 for 18 months for a total of $4207.50. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Frank and Lois Zarbo and Clyde and Deanna Decker and sign the Agreement as drafted by the County Attorney's Office. Respectfully submitted, KMS/cb Katherine Mackenzie -Smith Attachment Assistant County Attorney I IMPACT FEE PAYMENT AGREEMENT 1. PARTIES. "Zarbo/Decker" means "Frank and Lois Decker and Clyde and Deanna Decker" 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 January 23, 2008, the County recorded a Claim of Lien for failure of impact fees to be paid. PROMISE TO PAY. Zarbo/Decker promises to pay the principal sum of $3038.00 plus interest fees and cost for a total of $3922.16. Interest will continue to accrue on this amount until paid in full. Zarbo/Decker 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, Zarbo/Decker shall pay $233.75 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 Zarbo/Decker. RIGHT TO PREPAY. Zarbo/Decker 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 Zarbo/Decker 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 Zarbo/Decker 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 Zarbo/Decker 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 law. County's rights are cumulative and may be exercised together, separately, and in any order. S:\ATTY\SUITS\l - Foreclosure Blank Forms\Impact Fee Lien Foredosures\1 - PAID VIA PAYMENT AGREEMENTS\Zarbo-Decker - 319 SW Kestor Dr\IMPACT FEE PAYMENT AGREEMENT.wpd Pagel of 2 7. WAIVERS. Zarbo/Decker 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. GIVING OF NOTICES. Unless applicable law requires a different method, any notice that must be given to Zarbo/Decker under this Agreement will be given by delivering it or by mailing it by first class mail to Zarbo/Decker at 319 SW Kestor Drive, Port St. Lucie, FL 34953 or at a different address if Zarbo/Decker 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 4.13, or at a different address if Zarbo/Decker 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. ATTEST: Deputy Clerk WITNESSES: `W.—m K WITNESSES: 0 61 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney FRANK ZARBO BY: -;=7 Fx� Print Name: f I2 A- lC A LOIS ZARBO r BY: Print Name: CLYDE DECKER BY: (Z�-2LX/29 Print Name:C�-y�� WITNESSES: DEANNA/DECKER , If a -'�-`�-� Print Name: S:\ATTY\SUITS\l - Foreclosure Blank Forms\Impact Fee Lien Foreclosures\1 - PAID VIA PAYMENT AG REEMENTS\Zarbo- Decker - 319 SW Kestor Dr\IMPACT FEE PAYMENT A;REEMENT.wpd Page 2 of 2 IMPACT FEE PAYMENT AGREEMENT Address 319 SW Kestor Dr Public Building - Correction $ 242.88 Tax ID number 3420-335-2913-0009 Public Building - Other $ 125.12 Permit number 0703040 Parks $ 484.00 Road $ 2,186.00 $ 3,038.00 10% Delinquency fee $ 303.80 Loan amount $ 3,922.16 $ 3,341.80 Annual interest rate 9.00% Interest (09-25-07 to 7-31-09) $ 551.86 Loan period in years 1.5' Recording fees $ 28.50 Start date of loan 8/1 /2009 Loan amount $ 3,922.16 Monthly payment $ 233.75 Number of payments 18 Total payment $ 4,207.50 Payment Beginning Monthly No. Date Balance Payment Principal Interest Ending Balance Payoff Amount 1 9/1/2009 $ 3,922.16 $ 233.75 $ 204.34 $ 29.42 $ 3,717.82 $ 3,951.58 2 10/1/2009 $ 3,717.82 $ 233.75 $ 205.87 $ 27.88 $ 3,511.96 $ 3,745.71 3 11/1/2009 $ 3,511.96 $ 233.75 $ 207.41 $ 26.34 $ 3,304.54 $ 3,538.30 4 12/1/2009 $ 3,304.54 $ 233.75 $ 208.97 $ 24.78 $ 3,095.58 $ 3,329.33 5 1/1/2010 $ 3,095.58 $ 233.75 $ 210.53 $ 23.22 $ 2,885.04 $ 3,118.79 6 2/1/2010 $ 2,885.04 $ 233.75 $ 212.11 $ 21.64 $ 2,672.93 $ 2,906.68 7 3/1/2010 $ 2,672.93 $ 233.75 $ 213.70 $ 20.05 $ 2,459.22 $ 2,692.98 8 4/1/2010 $ 2,459.22 $ 233.75 $ 215.31 $ 18.44 $ 2,243.92 $ 2,477.67 9 5/1/2010 $ 2,243.92 $ 233.75 $ 216.92 $ 16.83 $ 2,026.99 $ 2,260.75 10 6/1/2010 $ 2,026.99 $ 233.75 $ 218.55 $ 15.20 $ 1,808.45 $ 2,042.20 11 7/1/2010 $ 1,808.45 $ 233.75 $ 220.19 $ 13.56 $ 1,588.26 $ 1,822.01 12 8/1/2010 $ 1,588.26 $ 233.75 $ 221.84 $ 11.91 $ 1,366.42 $ 1,600.17 13 9/1/2010 $ 1,366.42 $ 233.75 $ 223.50 $ 10.25 $ 1,142.91 $ 1,376.67 14 10/1/2010 $ 1,142.91 $ 233.75 $ 225.18 $ 8.57 $ 917.73 $ 1,151.49 15 11/1/2010 $ 917.73 $ 233.75 $ 226.87 $ 6.88 $ 690.87 $ 924.62 16 12/1/2010 $ 690.87 $ 233.75 $ 228.57 $ 5.18 $ 462.30 $ 696.05 17 1/1/2011 $ 462.30 $ 233.75 $ 230.28 $ 3.47 $ 232.01 $ 465.76 18 2/1/2011 $ 232.01 $ 233.75 $ 232.01 $ 1.74 $ - $ 233.75 P,-inted: 7/15/2009 Page 3 of 3 AGENDA REQUEST ITEM NO. VI.B.3 DATE: August 25, 2009 ' REGULAR PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Mark Godwin SUBJECT: Request to approve a Contractual Rate Agreement with United for Families, Inc. (UFF) for drug testing services received at the St Lucie County Drug Screening Lab for FY 2009 — 2012. BACKGROUND: Please see attached memorandum regarding the SLC Drug Screening Lab. FUNDS AVAIL: Funds received for drug testing (up to $15,600.00 per year, not to exceed 40,456.00 through June 30, 2012) would be deposited into the general fund in the account string: 001-2360-369940-2053. PREVIOUS ACTION: The St. Lucie County Drug Screening Lab opened for testing on July 1, 2008. On March 3, 2009, the Board approved the previous Contractual Rate Agreement with United for Families, Inc:, which expired July 30, 2009. RECOMMENDATION: Staff recommends the Board approve The Contractual Rate Agreement with United for Families, Inc. for testing clients receiving services, and fees will be paid in part or whole, by UFF. The clients are adult caregivers of children who are at risk of abusing, neglecting and or abandoning the children under their care. The clients are referred by dependency case managers and/or by the Department of Children and Families (DCF) Protective Investigators for drug testing. COMMISSION ACTION: [�l APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: FAYE W. OUTLAW County Administrator Coordination/Signatures County Attorney:_X V Management & Budget X Purchasing: ,,, ,., i Originating Departmen • i r er: Other: INTER -OFFICE MEMORANDUM ® ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 09-0986 DATE: August 25, 2009 SUBJECT: Request to re -approve a Contractual Rate Agreement with United For Families, Inc. (UFF) for drug testing services received at the St. Lucie County Drug Screening Lab. BACKGROUND: The St. Lucie County Drug Screening Lab opened for business on July 1, 2008. 'Since that time the lab has tested clients from the Courts, Sheriff's Office Employees, County Employees, Indian River State College Police Academy Cadets, CORE Probation clients, Pretrial Release Clients and members of the public. Due to the excellent reputation, credibility and cost savings of the SLC Drug Testing Lab, United For Families, Inc., has requested that the lab continue to test all UFF referrals made by case management and protective investigation staff. This will be a fixed price agreement in which Uri- will reimburse Tne )uc, Drug Lab $20.00 per test for a maximum of $15,600.00 per year, and not to exceed$40,560.00 thru June 30, 2012. This revenue would be deposited back into the general fund 001-2360- 369940-2053. Recommendation / Conclusion: Staff recommends the Board re -approve the Contractual Rate Agreement with United for Families, Inc. Respectfully submitted, Mark odwin Criminal Justice Coordinator ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY United for Families, Inc. Contractual Rate Agreement This agreement is made and entered into by and between United for Families, Inc., (hereinafter referred to as "UFF"), and St. Lucie County Drug Screening Lab, (hereinafter referred to as the "SERVICE PROVIDER"). WITNESSETH, that whereas SERVICE PROVIDER offers the services described in this Contractual Rate Agreement for sale to UFF, and whereas UFF desires to acquire said services by purchase from the SERVICE PROVIDER. NOW THEREFORE, for and in recognition of the good and valuable consideration to be exchanged between the parties as provided in Contractual Rate Agreement #UA979, SERVICE PROVIDER hereby agrees to sell to UFF and UFF hereby agrees to purchase from SERVICE PROVIDER said service in accordance with terms and conditions of the referenced Contractual Rate Agreement, which includes the SERVICE PROVIDER assurances section, ATTACHMENT I, and all associated EXHIBITS thereto. No services are to be provided to UFF by the SERVICE PROVIDER unless and until the parties have signed this document and it has been returned to: United for Families, Inc., ATTN: Contract Manager 10570 S. Federal Hwy, Suite 300 Port St. Lucie, Florida 34952 Payment under the Contractual Rate Agreement shall be made upon submittal of an invoice after performance of the portion of services, which each payment represents. The final payment shall not be made until the work is completed. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post audit thereof. United for Families retains the right of unilateral cancellation for refusal by the.SERVICE PROVIDER to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, F.S. made or received by the SERVICE PROVIDER in conjunction with this agreement. The term of this agreement shall commence as of July 1, 2009 and shall continue until midnight, Eastern Standard Time on June 30, 2012, unless sooner terminated pursuant to the terms of this agreement. This is a multi -year agreement, and the total dollar amount will not exceed the sum of the amounts appropriated for each fiscal year. The current agreement total amount will not exceed $40,560.00, subject to the availability of funds. UFF will evaluate this agreement on an annual basis in order to determine and to consider funding for the upcoming fiscal year, and the total agreement amount may be adjusted by UFF if necessary accordingly. UFF agrees to pay for services according to the terms and conditions set forth herein in exchange for the SERVICE PROVIDER's delivery of child welfare services as set forth herein. By signing this contract, both parties agree that they have read and agree to the contents therein. IN WITNESS WHEREOF, the parties hereto have caused this twenty-five (25) page contract, CONTRACT #UA979, to be executed by their undersigned officials as duly authorized. SERVICE PROVIDER: UFF: ST LUCIE COUNTY DRUG SCREENING LAB UNITED FOR FAMILIES, INC. Signed By: Name: Faye W. Outlaw Title: County Administrator Date: Signed By: Name: Christine W. Demetriades Title: Chief Executive Officer Date: ederal I.D. 4 59-6000835 Federal I.D. 4 59-3616410 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY SERVICE PROVIDER ASSURANCES NOTICE TO SERVICE PROVIDER: In accordance with Florida Law (Section 287.058, F.S.) United for Families, Inc., requires that all contractual services procured by the agency be covered by a two-party agreement. This document fulfills that requirement. It is recommended that action be taken, in regard to the agreement provisions stated in this document immediately to address indicated and PRIOR to or CONCURRENT with the provision of the service outlined herein. Your invoice(s) will not be paid without it. Receipt by the SERVICE PROVIDER of the Contractual Rate Agreement, combined with its failure to reject the Contractual Rate Agreement by notice to the agency in writing within ten (10) calendar days of receipt, constitutes acceptance of all the terms of the Contractual Rate Agreement. The terms and conditions may not be unilaterally modified by the SERVICE PROVIDER. After said 10-day period in which no written rejection notice has be received by the agency, the terms and conditions of the Contractual Rate Agreement become binding on the parties. The SERVICE PROVIDER agrees to comply with all UFF policies and procedures, where applicable. The SERVICE PROVIDER's failure to perform in accordance with the term of this agreement shall be grounds for termination thereof. ACCREDITATION: UFF is committed to ensuring the provision of the highest quality services to its clients. Accordingly, UFF has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, SERVICE PROVIDERs will either be accredited, have a plan to meet national accreditation standards, or will initiate one within a reasonable period of time. Once acquired, evidence of such accreditation, and renewals, shall be provided to the UFF Contract Manager within thirty (30) calendar days of initial acquisition or expiration date. AMENDMENT OR MODIFICATION: This contract may be amended or modified in writing as mutually agreed upon by both parties. Modifications of service provisions to this contract shall only be valid when requested in advance, mutually agreed upon by both parties and approved by contract management or designee. ANNUAL APPROPRIATIONS: The agency's obligation to pay under this Contractual Rate Agreement is contingent upon an annual appropriation by the legislature contracted to the Lead Agency. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS: This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360 — 20369). Each SERVICE PROVIDER whose contract/subcontract equals or exceeds $25,000 in federal moneys must sign this certification (ATTACHMENT III) prior to execution of each contract. Additionally, SERVICE PROVIDERS who audit federal programs must also sign, regardless of the contract amount. The Department of Children and Families and UFF cannot contract with these types of SERVICE PROVIDERS if they are debarred or suspended by the federal government. CIVIL RIGHTS REQUIREMENTS: The SERVICE PROVIDER agrees not to discriminate against any employee in the performance of this Contractual Rate Agreement or against any applicant for employment because of age, race, religion, color, disability, national origin, marital status or sex. The SERVICE PROVIDER further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees because of age, race, religion, color, disability, national origin, marital status or sex. This is binding upon the SERVICE PROVIDER employing fifteen (15) or more individuals. If applicable, the SERVICE PROVIDER shall complete the Civil Rights Compliance Questionnaire, CF Forms 946 A and B (EXHIBIT C), in accordance with CFOP 60-16. CONFIDENTIALITY OF CLIENT INFORMATION: The SERVICE PROVIDER agrees to not use or disclose any information concerning a recipient of services under this agreement for any purpose prohibited by state or federal laws or regulations (except with the written consent of a person legally authorized to give that consent or when authorized by law). 4 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY DISPUTE RESOLUTION: The SERVICE PROVIDER agrees to adhere to UFF's complaint and grievance procedures, as it is related to this contract. These types of issues shall first be discussed with the UFF Contract Manager. If the complaint cannot be resolved initially, then the SERVICE PROVIDER must submit the complaint, dispute, or grievance in writing to the assigned UFF Contract Manager who will attempt further resolution. If the UFF Contract Manager is unable to resolve the complaint, the complaint will be elevated to UFF's Senior Management Team. If the issue cannot be mutually satisfactorily resolved at this level, it will be elevated in accordance to UFF's CEO, where an attempt to resolve the complaint will be made. SERVICE PROVIDER and UFF shall make every reasonable attempt to resolve any dispute arising under this contract between them. Both parties recognize that resolution of all disputes without third party intervention is most desirable. Should SERVICE PROVIDER and UFF not be able to resolve any dispute arising under this contract after forty-five (45) calendar days of discussion, both parties may suggest additional mediation as a means to resolve the dispute. EMERGENCY PREPAREDNESS: If the tasks to be performed pursuant to this Contractual Rate Agreement include the physical care and control of clients, the SERVICE PROVIDER shall, within thirty (30) calendar days of the execution of this contract, submit to the UFF Contract Manager an emergency preparedness plan, which shall include provisions for pre -disaster records protection, alternative accommodations for clients in substitute care, supplies .and a recovery plan that will allow the SERVICE PROVIDER to continue functioning in compliance with the executed contract in the event of an actual emergency. UFF agrees to respond in writing within thirty (30) business days of receipt of the plan accepting, rejecting or requesting modifications. In the event of an emergency, UFF may exercise oversight authority over such provider in order to assure implementation of agreed emergency relief provisions. GOVERNING LAW: If this contract contains federal funds, the SERVICE PROVIDER shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR Part 92. If this contract contains federal funds and is over $100,000, the SERVICE PROVIDER shall comply with all applicable standards, orders or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), section 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 30) and Public Law 100-690, the Drug Free Workplace Act of 1988, and any modifications thereto. The SERVICE PROVIDER shall report any violations of the above to UFF. GRATUITIES: The SERVICE PROVIDER agrees that it will not offer to give or give any gift to any UFF employee. As part of the consideration for this contract, the parties intend that this provision will survive the contract period of two (2) years. In addition to any other remedies available to UFF, any violation of this provision will result in referral of the SERVICE PROVIDER's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the SERVICE PROVIDER's name on the suspended vendors list for an appropriate period of time. GRIEVANCE SYSTEM: UFF shall maintain a grievance procedure for clients, their families, custodians and guardians. The SERVICE PROVIDER shall, in accordance with the UFF's Quality Management Plan, ensure that all grievances and appeals are processed fairly and timely. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY (HIPAA): Where applicable, the SERVICE PROVIDER agrees to comply with the Health Insurance Portability and Accountability Act (42 U.S.C. 1320d.) as well as all regulations promulgated thereunder (45 CFR Parts 160, 162, and 164). INCIDENT REPORTING AND CLIENT RISK PREVENTION: If services to clients are to be provided under this contract, the SERVICE PROVIDER shall, in accordance with the UFF Quality Management Plan, report critical incident information to ensure child safety and to prevent future risk using the Incident Reporting Form, to be accessed via the web at www.uff.us/providers.php (see EXHIBIT F for reference). The SERVICE PROVIDER will immediately report knowledge or reasonable suspicion of abuse, neglect or exploitation of a child, aged person or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1-800- 96ABUSE). As required by Florida Statutes Section 39 and 415, this provision is binding upon both the SERVICE PROVIDER and its employees. INDEMNIFICATION: To the extent allowed by law, the SERVICE PROVIDER shall be liable for and indemnify, defend and hold United for Families and all of its officers, agents, and employees harmless from all claims, suits, judgments, or N ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY damages, including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by the SERVICE PROVIDER, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof. INFORMATION SYSTEMS/ SECURITY OBLIGATIONS: The SERVICE PROVIDER will ensure that all SERVICE PROVIDER employees who have access to UFF and/or DCF information are provided a copy of CFOP 50-6 and sign the DCF Security Agreement Form (CF114) annually (EXHIBIT B). The SERVICE PROVIDER will identify an appropriately skilled individual to function as its data security officer. The SERVICE PROVIDER will supply to the UFF Contract Manager, within thirty (30) calendar days of contract execution, the names, title, e-mail and telephone number of the SERVICE PROVIDER's security officer, and in the event the security officer personnel member changes, the SERVICE PROVIDER will immediately notify the UFF Contract Manager, via e-mail, with the new contact information of the new security officer. This security officer shall act as the liaison to UFF's security staff and will maintain an appropriate level of data security for the information the SERVICE PROVIDER is collecting or using in the performance of this contract. This includes ensuring that all SERVICE PROVIDER personnel members associated with this contract sign the Security Agreement form, when applicable, approving and tracking all SERVICE PROVIDER employees that request system or information access and ensuring that user access has been removed from all terminated SERVICE PROVIDER employees. The SERVICE PROVIDER shall appropriately utilize any and all information systems required by DCF or UFF. The SERVICE PROVIDER shall maintain data integrity in each of the systems, update the required information as required, and abide by DCF and UFF data security policies and procedures. INSURANCE: The SERVICE PROVIDER agrees to provide continuous adequate liability insurance coverage during the existence of this Contractual Rate Agreement and any renewal(s) and extension(s) of it. By execution of this Contractual Rate Agreement, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the SERVICE PROVIDER accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the SERVICE PROVIDER and the clients to be served under this Contractual Rate Agreement. Within thirty (30) calendar days of the execution of this contract, the SERVICE PROVIDER shall furnish UFF with written verification supporting both the determination and existence of all applicable insurance coverage identifying UFF as a certificate holder. SERVICE PROVIDER shall furnish UFF, throughout the contract duration, with written verification of the renewal of such insurance coverage within thirty (30) calendar days of coverage expiration date. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. UFF reserves the right to require additional insurance. PROFILING & CREDENTIALING: The SERVICE PROVIDER shall have thirty (30) calendar days from the execution of this contract to complete the UFF Provider Profiling and Credentialing System (a/k/a Profiler). The profiler system can be found at www.uff.us/providers.php. PUBLIC ENTITIES CRIMES: In accordance with Chapter 287.133 (2) (a), a person or affiliate who has been placed on the convicted SERVICE PROVIDER list following a conviction for a public entity crime may not submit a bid on a contract to provide services to a public entity or its agent, may not submit a bid on a contract with a public entity or its agent for the construction or repair of a public building or its' agent, may not submit bids on leases of real property to a public entity or its agent, may not be awarded or perform work as a contract, supplier, subcontractor, or consultant under a contract with any public entity or its agent and may not transact business with any public entity or its agent in excess of the threshold amount provided in section 287.017 F.S. for CATEGORY TWO ($25,000) for a period of thirty-six (36) months from the date of being on the convicted vendor's list. RECORDS ACCESS, MONITORING AND RETENTION: The SERVICE PROVIDER shall establish, maintain, and retain sufficient records (all client records, financial records, supporting documents, statistical records, and any other documents [including electronic storage media] pertinent to this Contractual Rate Agreement) sufficient to reflect all income and expenditures of funds provided by UFF under this Contractual Rate Agreement, and sufficient to demonstrate SERVICE PROVIDER's compliance with the terms of this Contractual Rate Agreement. Furthermore, the SERVICE PROVIDER shall comply with all of the Florida Statewide Advocacy Council and the Florida Local Advocacy Council's requirements by allowing access to records of clients and the ability to make use of, unless otherwise protected by law, all client records, files and reports in any program, service 4 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY or facility that is operated, funded, licensed or regulated by DCF, or its duly authorized contractor UFF, for the purposes of investigations and monitoring. The SERVICE PROVIDER shall permit, at no additional cost to UFF, persons duly authorized by UFF to access, inspect and copy any records, papers, documents, facilities, goods and services of the SERVICE PROVIDER which are relevant to this Contractual Rate Agreement, and to interview any clients, employees and subcontractor employees of the SERVICE PROVIDER to assure UFF of the satisfactory performance of the terms and conditions of this Contractual Rate Agreement. SERVICE PROVIDER agrees to comply and cooperate immediately with any and all UFF (or authorized designee) monitoring, inspections, reviews, investigations, or audits deemed necessary by UFF. Following such review, UFF will deliver to the SERVICE PROVIDER a written report of its findings and request for development, by the SERVICE PROVIDER, of a corrective action plan, where appropriate. The SERVICE PROVIDER hereby agrees to timely correct all deficiencies identified in the corrective action plan. SERVICE PROVIDER understands that corrective action plans may be required for noncompliance, nonperformance or unacceptable performance under this contract. SERVICE PROVIDER further understands that penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. So, non compliance involving service provision which does not have a direct effect on client health or safety shall result in the imposition of a five percent (5%) damage amount. Non compliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent (2%) damage amount. SERVICE PROVIDER agrees to submit to UFF an annual financial and compliance audit and to ensure that all related party transactions are disclosed to the auditor (see ATTACHMENT Ill). SERVICE PROVIDER shall retain all records for a period of six (6) years after the completion of this Contractual Rate Agreement. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or litigation. The SERVICE PROVIDER shall, at no additional cost to UFF, facilitate the duplication and transfer of any records or documents during the required retention period upon UFF's request, and the SERVICE PROVIDER shall ensure that audit working papers are made available to UFF, or its designee, upon request, for a period of three (3) years from the date the audit report is issued, unless extended in writing by UFF. RENEWAL: This Contractual Rate Agreement may be renewed for an additional twelve (12) consecutive months, subject to the SERVICE PROVIDER's adherence to the conditions specified in this Contractual Rate Agreement, needs of UFF, and availability of funds. Any subsequent renewals will require a modification of the fee schedule set forth in ATTACHMENT I of this Contractual Rate Agreement. SPONSORSHIP: If this contract is sponsored wholly or in part by UFF, then the SERVICE PROVIDER agrees to include language, on all publicizing, advertising, or descriptive marketing materials for its program, which states: "Sponsored by SERVICE PROVIDER's name and United for Families". If the SERVICE PROVIDER is a non -governmental organization, which sponsors a program financed wholly or in part by UFF, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state in accordance with s. 286.25: "Sponsored by SERVICE PROVIDER's name, United for Families and the State of Florida." If the sponsorship reference is in written material, the words "United for Families" and "State of Florida" shall appear in the same size letters or type as the name of the SERVICE PROVIDER. SERVICE PROVIDER is exempt from this provision if they receive less than thirty-five (35) percent of their total cumulative agency/organizational funding from the State, in accordance with F.S. 409.1671. TERMINATION: This contract may be terminated with or without cause by either party giving thirty (30) calendar days written notice to the other party. However, this contract may be terminated or suspended by UFF without notice if UFF determines that SERVICE PROVIDER poses a risk of danger to any client, or if UFF's contract with DCF is terminated. In the event that this contract is terminated, regardless of the circumstances of termination, SERVICE PROVIDER shall continue to serve any clients receiving services from SERVICE PROVIDER prior to the termination notice for a maximum of (180) calendar days after receipt of such notice in order to allow for an appropriate transition of such clients to other SERVICE PROVIDERS with minimum disruption in service delivery. During such transition period, SERVICE PROVIDER and UFF will continue to operate in accordance with the terms of this contract, which shall remain in effect until all invoices are resolved and all final payments have been made to SERVICE PROVIDER. Confidentiality, Records Access, Audits and Retention, and Indemnification shall survive the termination of this contract. 5 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY TESTIMONY: The SERVICE PROVIDER shall provide, without additional compensation, as a normal and necessary part of the services to be performed under this contract, expert and/or other testimony, including provision of written reports, records and/or exhibits, at the request of UFF, DCF or the courts as indicated periodically. USE OF FUNDS FOR LOBBYING PROHIBITED: The SERVICE PROVIDER agrees to comply with provisions of Sections 11.062 and 216.347, F.S., which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. Each SERVICE PROVIDER must sign this certification (ATTACHMENT IV) prior to execution of each contract. Con ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY ATTACHMENT I A. SERVICES TO BE PROVIDED 1. DEFINITION OF TERMS a. General Terms For the definition of words commonly used in this agreement, please refer to the UFF Glossary of Contract Terms, which by reference is incorporated in this contract. A copy of this Glossary is available from the UFF Contract Manager by request. b. Program or Service Specific Terms (1) Client (synonymous with recipients and persons who are receiving services): Any individual who is receiving services in any substance abuse or mental health program whose cost of care is paid, in part or in whole, by UFF, Medicaid, or local match. (2) Chain of Custody: A legal term that refers to the ability to guarantee the identity and integrity of the specimen from collection through to reporting of the test results. (3) Observed Drug Screening: A urine specimen collection witnessed by a staff member of the SERVICE PROVIDER. The client must be physically observed while providing the specimen. The specimen receives a full panel screening for eleven (11) types of illicit substances (including cocaine, marijuana, opiates, alcohol, methadone, barbiturates, amphetamine, benzodiazepines, oxycodone, PCP and propoxyphene), with additional validity tests completed for creatinine and specific gravity levels. 2. GENERAL DESCRIPTION The SERVICE PROVIDER shall be responsible for providing substance abuse services to adult caregivers referred by UFF dependency case managers and/or by the Department of Children and Families (DCF) protective investigators. 3. SCOPE OF SERVICE SERVICE PROVIDER agrees to provide the following services as outlined below: a. Full panel Observed Drug Screens [screened for eleven (11) types of illicit substances, with additional validity tests completed for creatinine and specific gravity levels] 4. CLIENTS TO BE SERVED The SERVICE PROVIDER shall serve adult caregivers of children at risk of abuse, neglect and/or abandonment who are referred by UFF dependency case managers and/or by the Department of Children and Families (DCF) protective investigators. A client must have photo identification and a chain of custody form (EXHIBIT E) with them before the SERVICE PROVIDER will provide service. The form will be filled out and signed by client at time of actual specimen collection. 5. CONTRACT LIMITS This Contractual Rate Agreement does not allow the SERVICE PROVIDER to subcontract for the provision of any services under this contract without prior written approval of UFF. B. MANNER OF SERVICE PROVISION 1. SERVICE TASKS a. Task List & Limits ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY (1) The SERVICE PROVIDER agrees to collect urine specimens, document chain of custody, conduct drug screens and report results for clients' drug tests to the UFF dependency case management organizations' designated representative(s) within forty-eight (48) hours. (2) The SERVICE PROVIDER is required to report the results via secure fax of the drugs screens to: Dependency Case Management Martin: St. Lucie: Indian River: Okeechobee: UFF/ UFF/ UFF/ UFF/ Children's Home Society Family Preservation Children's Home Society Children's Home 3465 SE Willoughby Services of FL, Inc. 1436 C Old Dixie Society Blvd. 121 N. 2nd Street; Suite Highway 1690 NW 9th Avenue Stuart, Florida 34994 301 Vero Beach, FL 32960 Okeechobee, FL 34972 Office: 772-223-2550 Fort Pierce, FL 34950 Phone: 772-770-6710 Phone: 863462-5753 Fax:772-223-2639 Phone:772-429-2100 Fax: 772-770-6739 Fax:863-462-5205 Email: CTS_MCkuffus Fax: 772464-0087 Email: CTS IRC@uff.us Email: Email: CTS SLC uffus CT$_gE@uff.us 2. STAFFING LEVELS, QUALIFICATIONS, & CHANGES a. The SERVICE PROVIDER shall maintain an adequate level of staff and properly trained, screened, and certified staff (administrative and programmatic) to meet the contractual responsibilities and in compliance with all applicable administrative rules and statutes. Moreover, in order to prevent business interruption, the SERVICE PROVIDER must maintain adequate staff coverage to ensure no deficiency or gap in any UFF required service delivery aspect exists on a daily operating basis or an emergency need basis. b. The SERVICE PROVIDER shall notify the UFF Contract Manager in writing at least fourteen (14) calendar days prior to a vacancy, and, upon SERVICE PROVIDER's receipt of notice of an anticipated vacancy of the Executive Director, Program Director or significant staff to the provision of contractual service, the SERVICE PROVIDER shall provide the name of the interim contact person or permanent replacement. 3. DELIVERABLES a. Service Units A service unit, for purposes of this contractual rate agreement, shall be constituted as a complete screening or verification of a positive screening administered to a UFF/DCF referred client. 4. SERVICE LOCATION & TIMES a. Service Delivery Location (1) The SERVICE PROVIDER shall administer services in the following Florida county(ies): St Lucie County (2) The SERVICE PROVIDER's service delivery locations) is as follows: St Lucie County Drug Screening Lab 218 S 2°d Street Room 228 Ft Pierce, FL 34950 772-462-6739 (3) The SERVICE PROVIDER's administrative location(s), where financial records and administrative records will be maintained, is as follows: St Lucie County Drug Screening Lab 2300 Virginia Ave Ft Pierce, FL 34982 8 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY (4) The SERVICE PROVIDER's designated point of contact for this contract will be: Mark J. Godwin, Criminal Justice Coordinator b. Service Times (1) The days and times for service delivery shall be defined as: Monday through Wednesday and Friday from 8:30 a.m. to 4:30 p.m. and Thursday from 8:30 a.m. to 6:30 p.m. (2) Administrative offices shall be open Monday through Friday, from 8:00 a.m. to 5:00 p.m. (3) In the event of an emergency, critical incident, natural or man made disaster the SERVICE PROVIDER will notify UFF immediately of any changes in times, location, or method of service delivery. c. Changes in Location The SERVICE PROVIDER shall notify the UFF Contract Manager, in writing, at least thirty (30) calendar days in advance of any change in street address or mailing address of the SERVICE PROVIDER's administrative or service location office(s). All other changes in administrative functions, phone or fax, shall be provided, in writing, within twenty-four (24) hours of the change. C. METHOD OF PAYMENT 1. PAYMENT SYSTEM a. Payment Clause - Fixed Price (Unit Cost) Method of Payment This is a fixed price (unit cost) contract. UFF shall pay the SERVICE PROVIDER for the delivery of service units provided in accordance with the terms of this Contractual Rate Agreement for a total dollar amount not to exceed $15,600.00 for Fiscal Year 2009-2010, subject to the availability of funds. Fiscal Year 2010-2011 and Fiscal Year 2011-2012 will be determined by UFF on an annual basis, subject to the availability of funds. b. Service Units Fixed Price (Unit Cost) Method of Payment Chart UFF agrees to pay for the service units at the unit price(s) and limits listed below for Fiscal Year 2009- 2010 for services rendered. Fiscal Year 2010-2011 and Fiscal Year 2011-2012 will be determined by UFF on an annual basis, subject to the availability of funds. PROJECTED UNIT MAXIMUM TOTAL SERVICE RATE NUMBER OF UNITS nits x Rate) Full Panel Observed Drug Screening $20.00 780 $15,600.00 [screened for eleven (11) types of illicit substances, with additional validity tests completed for creatinine and specific gravity levels] 2. INVOICE REQUIREMENTS a. The SERVICE PROVIDER shall request payment on a monthly basis through submission of a properly completed invoice (EXHIBIT A), within ten (10) calendar days following the end of the month for which payment is being requested. b. Invoices shall be submitted to: United for Families, Inc. Attn.: Contract Manager 10570 S. Federal Highway, Suite 300 Port St. Lucie, Florida 34952 E ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY c. United for Families' decision to reduce or withhold funds shall be in writing and submitted to the SERVICE PROVIDER. The written notice will specify the manner and extent to which the SERVICE PROVIDER failed to comply with the terms of the agreement. d. UFF shall provide notice to SERVICE PROVIDER of any invoice requiring correction or documentation within five (5) business days of receipt of such invoice. SERVICE PROVIDER will then be permitted up to three (3) business days from the notification date to correct deficiencies, so invoice can continue processing in accordance with regular timeframes. However, if needed, SERVICE PROVIDER shall have thirty (30) calendar days from the time of notification by UFF to correct problems with its invoices. e. With the exception of payment to health care service providers for hospital, medical, or other health care services, and in accordance with UFF policy, UFF will issue payment to contracted SERVICE PROVIDERs within thirty (30) business days, measured from the latter of the date either the goods or services are received or the date the invoice is received, inspected, and approved for processing. L Fiscal year billing reconciliation will occur annually regardless of the terms of the contract outlined above. Therefore, the SERVICE PROVIDER will be required to submit an annual invoice no more than forty-five (45) calendar days after the close of each UFF fiscal year, and this invoice must include all relevant costs for June and any outstanding prior year expenditures requested for payment. If the SERVICE PROVIDER fails to do so, all rights to payment are forfeited and UFF will not honor any requests submitted after the aforesaid time period. g. Any payment due under the terms of this contract may be withheld by UFF until all reports due from the SERVICE PROVIDER, and necessary adjustments thereto, have been approved by UFF. 3. DOCUMENTATION OF EXPENDITURES Documentation of all expenditures incurred under this contract shall be maintained by the SERVICE PROVIDER and is subject to being requested or reviewed by UFF at any time during this contract period. Expenditures should be made in accordance with applicable State and Federal Rules and Laws and be directly related to this contract. Expenditure reviews may result in an increase/decrease of the contract amount in the current or future contract year(s). 4. SLIDING FEE SCALE In accordance with F.A.C. 65E-14.018, the SERVICE PROVIDER, where applicable, shall: a. Develop an annual sliding fee scale that applies to persons for services that are paid for by state, federal, or local matching funds who have an annual gross family income at or above 150 percent of the Federal Poverty Income Guidelines. The sliding fee scale does not apply to services paid for by Medicaid. b. Make a determination of ability to pay in accordance with the sliding fee scale for all clients seeking substance abuse and mental health services. Payment of fees shall not be a pre -requisite to treatment or the receipt of services. c. Inform clients and responsible parties of the state laws that require the assessment and collection of fees. d. Require persons meeting the criteria listed below to contribute to their treatment costs consistent with the provisions in Section 409.212, F.S.: (1) Persons who receive optional supplementation payments or are receiving a supplemental security income check. (2) Persons determined to be eligible for optional supplementation by the Department. (3) Persons who meet program eligibility criteria for assisted living facilities, foster care family placements, long-term residential care, or any other special living arrangements. 10 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY e. Require persons who are involuntarily admitted for substance abuse treatment and mental health examination pursuant to Sections 397.675 and 394.463, F.S., to contribute to the cost of care in accordance with the sliding fee scale, unless charging a fee is contraindicated because of the crisis situation. The SERVICE PROVIDER shall inform the client and responsible party when the fee has been waived and shall document such circumstances in the client's file. L Have written procedures for determining annual gross family income for the purpose of assessing, billing and collecting client fees. (1) Current income, from either part-time or full-time employment, received by an adult client and all other adult family members of the household, including the spouse, is derived by multiplying: (i) An hourly wage by 2080 hours (for part-time employment use anticipated annual hours); or (ii) A weekly wage by 52 weeks; or (iii)A biweekly wage by 26 weeks; or (iv)A monthly wage by 12 months. g. Accept the client's statements related to income and family size at the initial assessment. h. Recognize fee liability exceptions, whereas the following parties shall not be liable for payment of fees: (1) Parents of minor clients, when the client has been permanently committed to the Department and parental rights have been permanently terminated. (2) Parents of a minor child, when the child has requested and is receiving services without parental consent. Additionally, the SERVICE PROVIDER understands that they will retain fees collected for services rendered, deduct them from the invoicing to UFF, and use these funds to support the provided service. D. SPECIAL PROVISIONS 1. In accordance with s. 402.181, F.S., the SERVICE PROVIDER may file claims with the Department of Legal Affairs at its office in accordance with regulations prescribed by the Department of Legal Affairs for the purpose of making restitution for property damages and direct medical expenses for injuries caused by foster children. 2. In accordance with Chapter 402, F.S., the SERVICE PROVIDER shall comply with all of the Florida Statewide Advocacy Council and the Florida Local Advocacy Council's requirements by allowing access to records of clients and the ability to make use of, unless otherwise protected by law, all client records, files and reports in any program, service or facility that is operated, funded, licensed or regulated by the department for the purposes of investigations and monitoring. 3. The SERVICE PROVIDER shall comply with s. 402.24, F.S., for Recovery of third party claims for medical services. 4. The SERVICE PROVIDER shall comply with s. 402.17, F.S., for claims for care and maintenance; trust property. 5. SERVICE PROVIDER will submit a copy its entity's annual tax filing (i.e. Non Profits = 990 or 990EZ) to the assigned UFF Contract Manager within 180 calendar days of the end of the SERVICE PROVIDER's fiscal year. 6. The SERVICE PROVIDER has no standing to apply for or to retain Social Security, SSI, or any other benefits for any foster care child for which the Department or UFF has legal standing to receive benefits as representative payee or by order of the court. Any such benefits that may be received by the SERVICE 11 ST LUCIE COUNTY DRUG SCREENING LAB UA979--- ANCILLARY PROVIDER shall be paid to the Department or UFF as the legally constituted representative payee on behalf of any such child. 7. The terms and conditions of the current Department of Children and Families Community -Based Care Agency (CBC) Services Contract, and any subsequent amendments that are applicable to subcontractors, are incorporated herein by reference and made a part of this agreement. In as much as this agreement is in part fulfilling obligations arising out of the CBC Services Contract, in the event of a conflict between the terms of this agreement and the CBC Services Contract, the terms of the CBC Services Contract shall control. A copy of the CBC Services Contract will be provided to the SERVICE PROVIDER upon request. 8. Fees - No fees shall be imposed by the SERVICE PROVIDER or subcontractors other than those set by the Department or UFF and described in the current State of Florida Title XX Pre -Expenditure Report. Fees collected in compliance with the aforementioned report shall be disposed of in a manner authorized by the Department or UFF. 9. Third Party Payments - The funding available in this contract is for services excluding all successfully billed third party payments, including but not limited to, Medicaid. Supporting documentation of aggregate third party collections shall be available at the SERVICE PROVIDER's location or at the subcontractor's locations for inspection by the Department or UFF. 10. Medicaid Services — UFF shall not pay for Medicaid -eligible behavioral health services with this contract's funds. Services that are allowable to be billed under the Medicaid Community Behavioral Health Services Handbook, herein referenced, are not allowed to be billed under this contract. 11. Signatory Authority —Only the personnel members listed on the UFF signatory authority form (EXHIBIT D) will be considered authorized personnel to sign for contract related items or invoice submissions for payment. If SERVICE PROVIDER signatory authorities change at any time, this information must be provided immediately to the UFF Contract Manager. 12. Licensure — The SERVICE PROVIDER represents and warrants that, for the duration of this contract, the SERVICE PROVIDER will remain duly licensed and/or certified in accordance with the laws of the State of Florida and, as applicable, for the provision of services to clients. The SERVICE PROVIDER shall provide evidence to UFF of any license and/or certification that is required by law to permit the SERVICE PROVIDER to provide the services covered by this contract. Within thirty (30) calendar days of the execution of this contract, the SERVICE PROVIDER shall furnish UFF with written verification supporting both the determination and existence of all applicable licensure. SERVICE PROVIDER shall furnish UFF, throughout the contract duration, with written verification of the renewal of such licensure within thirty (30) calendar days of licensure expiration date. SERVICE PROVIDER shall notify UFF immediately verbally and in writing if SERVICE PROVIDER's license and/or certification to practice is/are restricted, suspended, revoked or otherwise terminated. 13. UFF Determinations — Final authority in all disputes related to this contract rests solely with UFF. This includes, but is not limited to, client eligibility, data collection, monitoring, payment and reporting. UFF reserves the exclusive right to make certain determinations. The absence of UFF setting forth a specific reservation of right does not mean that all other areas of the contract are subject to mutual agreement. UFF reserves the exclusive right to make any and all determinations which it deems are necessary to protect the health, safety and welfare of the clients which are served by UFF either directly or through any one of its contracts SERVICE PROVIDERS. UFF reserves the right to determine satisfactory performance of the SERVICE PROVIDER in carrying out tasks and completing deliverable specified in this contract through review of status reports on deliverables and reports on service tasks to be submitted by the SERVICE PROVIDER and programmatic monitoring conducted by UFF. 14. FSFN—The SERVICE PROVIDER will utilize the Florida Safe Families Network system as the information system of record for all dependency client information. All SERVICE PROVIDER direct care staff will be trained and, subsequent to training, will utilize FSFN as the central portal for case file updates (i.e. chrono notes, etc.) within the 2009-2010 fiscal year. 12 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY 15. Option to Extend — The total duration of this contract, including the exercise of any annual renewal options under this respective clause, shall not exceed three (3) years. The SERVICE PROVIDER'S obligation for performance of this contract beyond the expiration date is contingent upon the availability of funds from which payment for contract purposes can be made and UFF's satisfaction of the SERVICE PROVIDER'S fiscal and programmatic performance on an annual basis. E. LIST OF EXHIBITS EXHIBIT A: Invoice Form EXHIBIT B: Security Agreement Form EXHIBIT C: Civil Rights Compliance Form EXHIBIT D: Signatory Authority Form EXHIBIT E: Chain of Custody Sample Form EXHIBIT F: Incident Reporting Form 13 ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY EXHIBIT A INVOICE FORM INVOICE AND CLIENT LOG FOR ANCILLARY SERVICES :.f••l.-1 ', .,r l'-`t 1'. `a:4 ,'a._�. IDJ_ iL!'iFJ` -'Y l -•i r it, Avr f_i ll_tiC`f Yic.• i.x1a15ec"mi 7_t, c-ex,.r Lr.It L-IC—t R—h-1 C llert•:zrc ra.:mGar IS717,0C'YVJ Cate,vol S-1— __nce:-1 Ca Mew Moni1 of P.a.,de7 Pefse—cr Clo Ch-rla T_1`,lc—f ft fli : v fr .• fl fc _o IL DJ jar - the ane'.a to ra crvxct In A]-aa•nart wPh 11a aparry : r;cc•d : and alt^ tno tail: o-tvo aamcma+n w-m Jnitad for caT, a- Ire .i. rnrlc.1 ey' 5J'a+t4r4 ' �tl< _"•t.Pt,,- {,.._.,:•V,-►f.�C'. FC,?n:_..--:f(-'A'Z!•T _. C•f CONTRACT MANAGLUENTDEPT. Feccircu (FINANCE DEPARTMENT > FOR FAMILIES USE ONLY: I.31- r.7PfOVE Dal, S4C ='RC'C• GL =1 VWL- hL51 Y4 xt•, 14 ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY EXHIBIT B SECURITY AGREEMENT FORM ray SECURITY AGREEMENT FORM Ttte D-�p: iament of Children and Families has auihcrizea you: 6.�,�t�yco'c tbmo!Orpml:�aon to havj1 access o SCcs N/C data through the use of computer -related Izarciin (,r' g printed rr'rorts mirrc`iche, system a•igu!ry, on-line update, or a-iy niogriet.c media). Coltil-'titer ci mv!:: aic a violation of :111c0 dep31t•1 ',en''_: StatnttWAS of ConLILICt ,11111. in :1t1(1 tioll to (1ppnrtmental d c(Mire, tier, roirmission of computer crimes may *esult in I-ederal anki or St.l1r fea.)ny cait] rrIll clrrrUes. 1 i nderstnnd that zi sec, in;y violation may rest: t in criminal prosecution accorcing to ie pi stuns o` Federal and State s.rtute5 and sr.ay also ies'ult in disc,pliriary +ctioi� against the accord n5 to VIC depai :i7aent S Standards of Coneuct rt tl c Employee 1 I.indhooK, By my sirnattite below, I icxomdedge tt- at I lea- a received, read understand and agree to be bourd by the fcl owing: 0 The CCWl)Uter Related Crimes Act, Chz*ipter 815. F.S. • Sec!iotis 7213. 7213A, and 7431 of Vie Intertial Revenue Code. vdi'z;h pievide civil :arid crinairral peaait;es for unniithor-zeri inspection or rlisclosare of I-ede :-ai :tax dnin. • 6 1 R?(1)(7) of tilt, Inte: na1 Reve'nuo Codt,, which hrovide> '. confidow ality .ind lei :closure of returns -leaf fetum 111forti-a ion. • (:FOP '11''1 57 • I: is thtz policy of Me Department of Children and Farw,es tnat no contract emp`oyee shall Ian allowed acre ss to 'RS !-ix iiifolmation or FOLF 41fixmait ov. titilcss Cinch ror•tract employee is formally approved in uniting by na+iic rinds position. to access. :l,r�t'if ter: infolmot Gl" os. autl'oiize tc L�y rugulottun siidior :aiitute. • I: is the I)NICY of thu 1)" Children and Fain ics t-iat personal pacsv:ord . , c riot 'o hr c1 :closF:f • 1: i , 11)1� policy of the Penartmrm! o,;' Chi!drer nrd Fnnii ids 1 int information is not to tat, ubtairrec `ul 11 y uv.11 o1 emother hessun's pei-ond use. • 1 veill or, v iccecs c- v ^w in'orr•intion or data that I am ntithorized, and have a teat mate bti _ inCS4 rCL1� On -11 tnC COU1:3^ of tl' C pertorma-ice of my dut es. I ri all lira;ntain t,i intenfity of a l --oi~fide-11iai ..111c1 sensitive dcccssed 0 l lie "c;istial viewing- of employee or rlie•it data, even data '.ha* is n-Jl confidential oe c�tlit; „risF- taxt. -isw 60111 di,=rlosaW art ri r+lhlir: m ;reset of 'Icct- ss i , 1-;rat r.cceptab e, atin v t] no! be tolerated 0 it is the poticy et the Department O' r:iillcren end f amllies *11at thitalaaist- he perfo _need on as egul�ar, Lases to ire it+fy Ire rise of access. It •.r 01.117r h:.0 '!l,n.*hto c! =- p-iroi-sor Data DJ!" zl1" 1t O 7 lJ-i'mt.11 �tIC''. ]f'/� �' r't♦ 15 ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY EXHIBIT C CIVIL RIGHTS COMPLIANCE FORM CIVIL RIGHTS COMPLIANCE CHECKLIST PART I. -1'7;ljI iA W. 0- T.,I:ea I .;.AIr ' ..i1!:...-. i:a°:�I^ i .:nrr• i .-r��•1�.. At C;UR'-1 N I �NIFL 0'1'� Lp itL:;-; -it: C".0 "Vil L- F er—j —7 0ffN7SCUR!R=% TLY ENROLLED OR =EGISTERED illevive uj(L: [lj G` Vn�WNI-' 3CARU. 1; A�FJGAULL __ _ 'O'-.I v '-:.ra.e "• 1^.•:•. " 4 .^or. l ",vll. rcw Ala PART IL JSF A b- "AFATF. S =FE'r i,,)F -'A R -014 ANY '-Y, ANA 1:0N Rt QUHN! 11C H ;�IACF I%A Y=S t. li-el I.- the po1:jj-jj - A-0 -Sa Cf:-e CCOL Jl:,n? l"4A,)rl\ll, frxpai- r-lA y;- 5 hc on to To :ccp.) al wl A-- at ji %A jr NC Qr,VL -I V1. YES No , . :— F J. A,E) - li(;:) lj'-1 I 6qL -jjrijE III,. Nil !al -JxL. _P:j iL: -, L: CIL: -it LI 'L: U P1 Wlti WIVIC AI L: 4e.'J W! 10. YFS NO ar se raga-Sc -x:= f%A YLS W A —a acoa velfact,,e =�v nnlo% acp --ri, -I. re L 16 ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY PART II. Uc"- %'% SV'i%rv4T= 07 'A`E:-� '4DR ANY EX-'LAN.'^•'J �cJU Z Nt7i SI'.= r.;F 12. 1 ; T--- .4, NA NO, _xPle n � yl_ f I I 3. •4 e tc a-rs, i :{ can+s pa ItF• 1.1J. 'FcJ sGa ' ' a s_r m:-al II vEfi h :•il ❑ l'C'ecl 4r'Cn 31Cf -Ni, er NO oxplerr. L U U [I-.!Ibe• alc: cu..>r: s (us c` ar, di:cli -ir,6011 _-o-n'c airs [era'd nc tc :ic-s c ❑ . nre "11le =.jai st t le �H NU :'LILT `J s t•lE I'Y=cGi,,zlibk :0 •IICC IC, I'd:.!I y: allly :, ill' ik' :4.a NA 0' �`.", excla KA Y�=—S� NO L, U PART III. '-,AE F:;WL iA`K; :;UFE TMONti j '.�I'f _v -O rR ;Rf,': J AND Fr"GL.IT FS 1l*il F- lr; ON f:'O=tF - :'='.:'YI:-.:; > ,iJ_ a :=I'•_:�d ua:l' l'_' 'ICI i•1G [0 IGL" II'j' J-1y ;.:cllll': (V at nl c� a'icva'tcL ru_•.aJ . "hat r.:J L AA llus auu ,r�c__y .`l : _ "cap jkon cf •_vr ala Is, .F N; exNI il' lc Hii.era,t'.eerr?� 1n=tent^ror-in—aFrr1r.n:,";d..c-lp.rn-........:.s'If?.Cr{a111 _. U, : _u u lolcl : a�1C loh'lc_;v l ,• vJx, _ t:. - is s_• _Ful _a s. _ '{ ayoes a'lc �drl, Is u' tun s nr A r' n : 1. .:,1= r n-ndr- ') i tN--), n.rl, r 2(. A"? a.l� iarr airs avai ab a to aaa,."- acce�=4:,li'.r of =. a.l ces 1L t"c=r n.i anc rich' rta=i ac rdiv J:.21s'r It `: r cu Jl 1 G ❑ YLS `lam cn PART IV. JR ' 2O:il-:At.?a (:: I AC LI I LS '.: I °:::;h V0 4 _ .V :):_ :5 fit. ) I L: LI2A- (;Q% 12AC I r L1" _5l ! 1L•.' 01� ':10%i.L f r.es Ina c "' 1"=1t' ':ar. ily h.=:? .a •,r.L'?^ a` 'ntal •.. i a' aro• a n'? If 4, erP1.a I_ ❑ DEPARTMENT OF CHILDREN AND FAMILIES USE ONLY iti°. " ,'_ "•, hI Ccnp:iarce: C Y=S _ NC Nziiice of Coriectiva D^.., tc or I,( t ;'gSDO^Se cue: i C C^-Site f)esk. Revia•r,• Re�ac sa Recs . ,_.rr_ro•-•t._p3s r_•c-tl _t.-ct..._-nr'.r"__ 17 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY EXHIBIT D SIGNATORY AUTHORITY FORM The Service Provider represents that the following persons are authorized to negotiate and sign on its behalf with UFF in connection with this contract. Please list all associated individuals below, or attach additional form, if more room is needed. The SERVICE PROVIDER will be responsible throughout the contract period for submitting in writing, to the UFF Contract Manager via e-mail, any changes to this requested information below. Contract Signatory Authority(ies): Print Name and Title: Sign Name: Invoice Signatory Authority(ies): Print Name and Title: Sign Name: 18 ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY EXHIBIT E CHAIN OF CUSTODY FORM SAMPLE r. J%'. -1 1: 123,1567 =C-YPL--E:, By CCA . F.--i7A 17A F%-PI AV FR 1?rrR-f%r4--%vvr - �..v 7.. 0, 1- *4 11 % . b 11: 01 -3 I f R., 3 LP CCVPLCTU: SY CCI r: A 1—,.-f so a ;1.1 24 M m of. vv HY i-Ci I IZP( Ahj LUNIII J.' L�: L' 'LINT' x in c x L1> P. Z. or RECERIF0 AT LAB. x Ism, n S44 Inla:* 1, rislwuy _LZA Lt;.LI* L0111 rn 'A" 6.0 1 VV.- $1 u.n. I---.--- F— x —4" P11.111,11 III'1111111111111111 P-ACE 12345-57 1234567 A OVER SPECIM: E0—TL F SEAL 111111 1 11 Jill 1111111. llrl'lll:lll '234567 1234567 ;IT ' V XQR SOULE SEA— COPY I • L45CRATCW, r I 19 ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY EXHIBIT F INCIDENT REPORTING FORM Preferably to be completed online by going to: Or email completed form to: www.uff.us/nroviders.php UFF — OWW17F.US iX F — Rte hanie m—G)A,F �t�to. fl I. IDENTIFYING INFORMATION Circuit Log #: UFF Log #: Date of incident: Time of incident: [:]AM ❑PM Person reporting incident : Incident Reporter Telephone #: Reporter's Position & Agency: Date the reporter became aware of the incident: Time the reporter became aware of the incident: ❑AM ❑PM Incident Primary Category: If Other specify: Incident Secondary Category (if applicable): If Other specify: Region: Circuit 19 County of Incident: (If out of circuit, please indicate the child's home coun Abuse Hotline/CSA Report #: Program Area: If Other, Explain: Full Name of Victim/Person Involved: Victim/Person Type (choose only one): ❑ Child ❑ Adult Victim/Person Group (choose only one): ❑ Client ❑ Employee ❑ Other IL LOCATION OF INCIDENT Contract SERVICE PROVIDER Name/Foster Home: Location/address of Incident: Type of Facility: If Other specify: Victim's Primary Residence is Florida? ❑ Yes 0 No ❑ Don't know Reviewed at UFF By: (removed info) Date Report Received at UFF: Time Report Received at UFF: ❑AM ❑PM IL PARTICIPANT(S) WITNESS(ES) (IF APPLICABLE) Full Name Birth Date Age Race Gender P/W 111. DESCRIPTION OF INCIDENT Give a detailed account — Who, What, When, Where, Why, How. IV. CORRECTIVE ACTION AND FOLLOW UP Immediate Corrective Action: Is follow up action needed? Is a written Safety Plan required? GI ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY ❑ Yes ❑ No ❑Yes ❑ No If yes, please specify: V. INDIVIDUALS AUTOMATICALLY NOTIFIED To be completed by DCF VI. INDIVIDUALS NOTIFIED Abuse Registry Health Care Admin Law Enforcement Name: Badge/ID# Date: Time: Called: ❑ ❑ ❑ Copied: ❑ ❑ ❑ Acce ted: ❑Yes ❑ No Parent/Guardian/ Family Member DCM DCM Supervisor Name: Date: Time: Called: ❑ ❑ ❑ Copied: ❑ El (Please Specify) Other: Other: Please Specify) Other: (Please Specify) Name: Date: Time: Called: ❑ ❑ ❑ Co ied• ❑ ❑ ❑ P VII. DEATH REVIEW INFORMATION Date of Death: Time of Death: Place of Death: Suspected Cause of Death: Classification of Death: Explain: Vill. UFF Follow -Up (To be completed by UFF) Is follow-up by UFF required: ❑ Yes ❑ No 21 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY ATTACHMENT II The administration of resources awarded by UFF to the SERVICE PROVIDER may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised, UFF may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on - site visits by UFF staff, limited scope audits as defined by OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by UFF. In the event UFF determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by UFF regarding such audit. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from UFF. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with UFF in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due UFF shall be fully disclosed in the audit report package with reference to the specific contract number. PART II: STATE REQUIREMENTS This part is applicable if the recipient is a non -state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor, the Department of Financial Services and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from UFF, state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non -state entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial 22 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 or 10.650, Rules of the Auditor General. The schedule of expenditures should disclose the expenditures by contract number for each contract with UFF in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due UFF shall be fully disclosed in the audit report package with reference to the specific contract number. PART III: FOR -PROFIT RECIPIENTS/SUBRECIPIENTS Although PART I and PART II above govern recipients that are a State or local government or a non-profit organization as defined in OMB Circular A-133, the pass -through entity (UFF) is responsible for establishing requirements, as necessary, to ensure compliance by for -profit recipients/subrecipients. Therefore, UFF will require its contracted for -profit recipients/subrecipients who receive $500,000 or more per year in federal or state funds to have one of the following: 0 A single audit in accordance with the requirements of A-128 or A-133. 0 A program -specific annual independent financial and compliance audit conducted and prepared in accordance with Generally Accepted Government Auditing Standards, applicable laws and regulations; or For profit entities must further comply with PART IV and V stated below, herein ATTACHMENT H. PART IV: REPORT SUBMISSION Any reports, management letters, or other information required to be submitted to UFF pursuant to this agreement shall be submitted within 120 calendar days after the end of the SERVICE PROVIDER'S fiscal year or within thirty (30) calendar days of the recipient's receipt of the audit report, whichever occurs first, directly to each of the following unless otherwise required by Florida Statutes: United for Families 10570 S. Federal Hwy, Suite 300 Port St. Lucie, Florida 34952 Attn: Contracts Manager SERVICE PROVIDERS, when submitting audit report packages to UFF for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for -profit organizations), Rules of the Auditor General, should include, when available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report package was delivered by the auditor to the SERVICE PROVIDER must be indicated in correspondence submitted to UFF. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six (6) years from the date the audit report is issued and shall allow UFF or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available UFF or its designee upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by UFF. 23 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY ATTACHMENT III CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360 - 20369). INSTRUCTIONS 1. Each provider whose contract/subcontract equals or exceeds $25,000 in federal moneys must sign this certification prior to execution of each contract/subcontract. Additionally, providers who audit federal programs must also sign, regardless of the contract amount. The Department of Children and Families cannot contract with these types of providers if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contract/subcontract is entered into. If it is later determined that the signer knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The provider shall provide immediate written notice to the contract manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred", "suspended", "ineligible", "person", "principal", and "voluntarily excluded", as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department's contract manager for assistance in obtaining a copy of those regulations. 5. The provider agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract/subcontract unless authorized by the Federal Government. 6. The provider further agrees by submitting this certification that it will require each subcontractor of this contract/subcontract, whose payment will equal or exceed $25,000 in federal moneys, to submit a signed copy of this certification. 7. The Department of Children and Families may rely upon a certification of a provider that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the certification is erroneous. 8. This signed certification must be kept in the contract manager's contract file. Subcontractor's certification must be kept at the provider's business location. CERTIFICATION (1) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/subcontract by any federal department or agency. (2) Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. Signature Date Name (type or print) Title CF 1125, PDF 09/2003 24 ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY ATTACHMENT IV CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Name of Authorized Individual Name of Organization Address of Organization CF 1123, PDF 03/96 Date Application or Contract Number 25 -1 AGENDA REQUEST Mi COUNTY F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-134 DATE: August 25, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Unclaimed Monies Deposited or Collected by the St. Lucie County Clerk of Court BACKGROUND: See attached memorandum CA No. 09-0989 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the attached Affidavit of Publication be filed and recorded in the Board minutes. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA Approved 5-0 County Administrator Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: Daniel S. McIntyre_ [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) Effective 5/96 INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 09-0989 DATE: August 25, 2009 SUBJECT: Unclaimed Monies Deposited or Collected by the St. Lucie County Clerk of Court BACKGROUND: Section 116.21, Florida Statutes, provides that the sheriff and clerks of the courts of the various counties of the state are authorized at their discretion on or before September 25 of each year to pay into the fine and forfeiture fund of their county any or all unclaimed monies deposited or collected by them in their official capacity prior to January 1 of the preceding year and for which claim has not been made. The Clerk of Court compiled a list which contained the name of the defendants and the amounts of unclaimed monies and has it available on their website. The advertisement for unclaimed monies was published on July 31, 2009. Florida Statutes requires that proof of the publication be filed and recorded in the Board minutes. Attached is the Affidavit of Publication. RECOMMENDATION/CONCLUSION: Staff recommends that the attached Affidavit of Publication be filed and recorded in the Board minutes. Ily submitted, i A'&r , `✓f DSM/cb/ Attachment Daniel S. MCI County Atton rla D 0 •L U F- Z 0 rn Z Y Z L d Of _J tLl U J U) UJ U � _ U m � J � J C N J "It C O N E L tp C M (Da.� Z fn C n C (D '0 U O 0J 4% U Q cn 'Ct r Do X ad N N m CD E O (D Z a) C CL E -O Z aj O p to N O Q FO U ryj ■ usiness tto9�.46 �%3D to to�AL2 PAGE Its a F R I O A Y, JULY 31, 2009 • T C P A L M. C O M • S L LOCAL TREASURE COAST and senior safety tips -Mr. Appliance For more information, franchise is topscall Ruth Donohue or Alicia Diekman at (772) 22513M. Mr. Appliance Corp m. ognized Chris Greer and MARTIN COUNTY Trey and Matt Beattv of Royal Concrete the Mr. Appliance of The addin to fire station Treasure Coast franchise g as Francld-se Owners of the Royal Concrete Concepts, Year doing the company's a manufacturer of pre - national conference in Las engineered concrete build - Vegas. ing systems, is adding eight They serve Indian Riwr, dorm rooms totaling 5,000 St. Lucie and Martin square feet to Fire Station counties. No. 32 in Hobe Sound that "Thisisthelughesthonor arestronger cheaper toheal given toafranchiseowner," and cool, longer lasting and said Doug Rogem president quicker to construct Ulan of Mr. Appliance. "Chris, conventional structures Matt and Tmv am deserv- The concrete units were ing of this award because delivered from the compa. they set a high standard ny's Okeechobee plant on for their ftanchise and are Julv 16 and completion of excellent examples to other the work is expected to take franchise owners." threemfourweeks.Thet7re "We'rehonored torece w station remains fully fimc- this award," Beatty said tional as work progresses "We couldn't have accom- "these dorms will pro- plished this without the vide a safe haven for us dedication of our employ. from hurricanes at the ees and the quality service station, which is almost 35 they deliver every day" years old Mr. Appliance also roc- The units seem very ognized one of its service well built and will do the professionals, Phlip Duffle, job more than adequately" with the Salesperson of the Martin County Fire Resume Yearawandfor the employee District Chief Cliff Appe who contributes the highest said. volume of sales. The project includes add- ing two bathiroremS because JENSEN BEACH facilities don't currently exist for the firefighters to SerdOrCOInIl1UtL1)' offers new services shower. Summerville at Jensen JENSEN BEACH Beach, an Emeritus senior KidsAcademvoffers Living Community, has Part-time child care launched a free home visits Pa program. International Kids Acad- Summerville wants to emynowoffersdropoffand help all local seniors find part-time child tare options the programs and serv— in conjunction with its full - best suited to therm, even if time day care services. they do not live at Stammer. To quality for part-time ville at,lensen Beach child care the child must A few of the services attend at least two full days Summerville will offer to of day care For prices, call seniors are nurse evalu. Jolmetta Wilson, owner of a tionsupport system International Kids Acad- check,, referrals, post emy at(7�)334160, 5or visit follow-up coordination the day care at 1370 N.E. with families and refer- Dixie Highway in Jensen ral sources, and access to Beach Emeritus resources such as its family lending library From su-r report EXECUTIVE PLANNER DATED MEETINGS lottenphooesound.org. So•moaat e•am^g c•^f•r•^p•'�+^^x REGULAR MEETINGS castn,aion prolAxYs, services. FII small ausin•sa Range county Calrvenlnn Caner, De,mtooment c"'t -- west B.M19, Wl5 C,14, 0111 o, Met.,. Cmrueaing for Ihragh Aug. t sEBC3HOW— smiIl b smn owner. IRSC. 3209 ..E ._IIIHobe ound S vrgiw Ave., Fort PlerceIg6 , @ng ehamtw of commerce, r95o S.E E Boom 123,11 am. Da e H u •ax s am., con Jiy s p.m. Mondayfdday Free. (008) 37. ApodriMml,(772)546-47K 2834177. NATION I axon, Shell extend For Exxon, the world's profit rou j1 streak biggest publicly traded oil company a 66 percent profit Oil giants Exxon Mobil plunge for the second quar- and Royal Dutch Shell on ter marked its lowest result Thursday added to the in nearly six yearn industry's worst midyear Shell saki its profit slid 67 showing in years, stung percent to $3.82 billion, but by m sluping global energy results exceeded analysts' demand that threatens to estimates further slow exploration and production. wire rayon TREASURE COAST STOCK SPOTLIGHT sae — rw Iw — m 1= a—T nc LW 13 13 <DN ♦�9 emsaanm,a 1 . v . ra BFOIam r.3 )fl 11.9r ♦aa8 Blwtl a 3 1 Comcast r 1.B I1 ♦-IL1A gsnB ]5 I.J ]F M32 3 ♦11b ).W •50 ♦ a WCryp Z3 n 1'.1a 9 ♦H; dp s Jmeorvs s a ro .t1s wmliwa _ �so .Jiff No-1Fst 3.13 Is 5.3 1-5 anyalek 9 Lao _ _ ae s 11 ♦� SolppsEW _ _ -13 • 1 aeacoastak .,xvlreq 3 as �i v Jt.e ` lV LI _ 1fl93 131 •3i9 IS.. 1. o zx 15 Fed . by . as writ, arw ss .a Another Quiznos closing its doors they ate nmable to perform try to reopen." Store owner Fabian Andino said overhead at Quiznos operational Melbourne franchisee costs have eaten away his savings standards. Francisco Melia reopened We will look to reopen the Sebastian store on the Port St. Lucie store April with Quiznos high stan. Of the original 15 Tres. BY SHELLEY OWENS bank are cooperating, dards to continue to serve sure Coast Quiznos, only cnmcatnm&,,l but not Quiznos; he said. the community" r1w stores were still listed ST. LUCIE WEST — On Andino said the company Kramer explained in a on the Quiznos Web site on Sunday yet another Quiz- has failed to return his phorecallthat"everystore Thursday Andino's store nos will close on the Ties- calls to renegotiate fran- that has been closed, for was not on the list sure Coast. chise fees or even to give whatever reason, we will That is when Fabian guidance to help him to Andino, owner of the St. stay open. Lucie West Quiznos, is "Ieveriwroteane-mail IN A MESS WITH THE throwing in the towel after tothe CEObuthavenever Fred Nabulovsky a two-year battle to stay heard from him," Andino �Iy�- CPA mIcaL said. ;� 772-287-1888 "I have no money inmy s o swome-maia, Quiz- r VEN'iFILEDINYEAR57cALLLiar 1-898-2IRS■ESS account and my reserves nos spokeswoman Ellen are gone," Andino said. Kramer -said, "During , ,la p•,gy,gN t.nmgm h Rbab-� "This economy is in bad these difficult economic aornaraalw.ia,ce shape and, in Port St. times, many businesses •rlw nwermnmre tlr BLS- •yr.mnlAstala ll,paln.r Lucie, you really feel the are struggling, and even 1 m Rmrrsa P°1Y" Pr°°'ra"01 tscession." good businesses are fail- • At wort Don. incuLr- • Frew u5 MI.:,a a ww AuBw Andno said his biggest ing. With that in mind NOI""q""1Y1atl away '""Iar Critl"ci'0'°�1° ,zraH!^a,a,u,Ic„r,,,ny v" a,,., xxinw,uu,l- [hat not only does he not iry a top priority; Quiznos have an income, his flue has developed a number employees will be without of programs aimed at wok in a bad economy providing its franchise Overhead costs for the owners some financial store have eaten away relief, including lease Andino's savings and he renegotiation, rebates said hejUSt can't keep oper- and reimbursements. ating in the red Unfortunately,someres- "The landlord and the taurants close because UNCLAIMED MONIES Joseph E. Smith Clerk of the Circuit and County Courts St. Lucie County, Florida From the Office of Joseph E. Smith: Anyone who has a claim to money held by the St. Lucie County Clerk of the Courts may go to www.slccierkofcourt.com under"doyou havean unclaimed check?" to search for outstanding amounts due to them. According to Section 116.21, Florida Statutes, regarding unclaimed court -related property, if a claim is not made on or before September 1, 2009, the funds will be forfeited. Publication Date: July 31, 2009 National Night Out AS Against (rime August 4, 2009 4PM-7PM (Fireworks after the Game) Tradition Field, SL Lucie West FREE Admissionl Great outside Vactivities including Games for the Children, Crime Prevention Tips, Vendor All Demonstrations and Music for everyone. Plus, Food, 50/50 Raffle and Giveaways. Brought to you by Port St. Lucie Police Department and Neighborhood Crime Watch Fireworks sponsored by: Toyota of Stuart C WANTED, • COINS TO BW Nam Cat1772.283.4131 � A-hm Jewelers A Ban uee p ,am„8 �. N..r. per•'. ' - g �Cl.mlci[�Fm�Papers �TtoN., 5773 SE Deer Run Drive, #3G nS fin °w.,+-;' mm"i"6r I1m Run Or.: Lnty 4JC 13 V,IIu SAT • AUG 1 • 2 p.m. I'mic at 100 I rior p m. (or N p I 4 n ad goo aglt,GlNr3 Wig•: eKarwm, rnv W 1,Li��styn • Q 'o,M,I. / lawn/ pool ,re • Bea f 1 pan lake v,rn5 f . TTSmmond, I -I au -u uvura e, y..{ 'li•in5 P,",.,aal d..i .rrgeM •960a ,trace I.wf main -I 1-1 T..n ..»./. Rennick faxe•,:reF,"'•' .. �saue 1C/s xFAl.xixsn.lt)c'naxla,xs is t>—Iran^W"<<yv^niaih Fl.3296p TO: Board of County Commissioners SUBMITTED BY(DEPT): County Attorney AGENDA REQUEST ITEM NO. VI-B-5 Date: August 25,2009 Regular [ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: St. Lucie County International Airport - Interlocal Agreement with Sheriff for Airport Facilities and Security Services BACKGROUND: See C.A. No. 09-1022 FUNDS AVAIL.(5tate type & No. of transaction or N/A): N/A RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Interlocal Agreement with the Sheriff, and authorize the Chair to sign the Agreement. COMMISSION ACTION: [�Q APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney; Daniels. c yre Originating Dept.: D na ewis r=ir: nce (Check for Copy only, if applicable): CONCURRENCE: Coordination/Signatures Mgt. & Budget: Other: Faye W. Outlaw, M.P.A. County Administrator Purchasing: Other : INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1022 DATE: August 14, 2009 SUBJECT: St. Lucie County International Airport - Interlocal Agreement with Sheriff for Airport Facilities and Security Services BACKGROUND: Attached to this memorandum is a proposed interlocal agreement with the Sheriff for use of facilities at the St. Lucie County International Airport. The Sheriff will use the buildings located at 2850 Curtis King Boulevard and 2900 Industrial Avenue 3 to provide general security services at the airport. The value of these services, including personnel and equipment, is one hundred fifteen thousand and 00/100 dollars ($115,000.00) and will offset the fair market rental value of the Facilities which would be one hundred seven thousand two hundred and 00/100 dollars ($107,200.00). The agreement will be reviewed every ten years to determine whether the use fee should be adjusted. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Interlocal Agreement with the Sheriff, and authorize the Chair to sign the Agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Finance Director Management and Budget Director Sheriff 10 INTERLOCAL AGREEMENT (SHERIFF'S FACILITIES - AIRPORT) THIS INTERLOCAL AGREEMENT made this day of , 2009, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called "County" and the ST. LUCIE COUNTY SHERIFF, a State of Florida constitutional officer, hereinafter called "Sheriff'. WHEREAS, Section 163.01, Florida Statutes, provides that local government units and independent constitutional officers may cooperate by agreement to provide necessary and essential public services, and WHEREAS, the purpose of Section 163.01, Florida Statutes, is to permit local government units to make the most efficient use of their powers by cooperating with other local government units and independent constitutional officers for their mutual advantage; and WHEREAS, the Sheriff provides security services at the Airport as provided in Exhibit "A" and these services offset the fair market rental value of the buildings that the Sheriff's staff is occupying. NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties agree as follows: 1. Sheriff Services; Use of Buildings. The Sheriff shall use the Facilities located at 2850 Curtis King Boulevard and 2900 Industrial Avenue 3, Fort Pierce, Florida, (hereinafter referred to as the "Facilities") to provide general security services to the St. Lucie County International Airport and related facilities. As determined by the Sheriff, the Sheriff shall maintain sufficient personnel and related equipment to provide security services. 1 S:\ATTY\AGREEMNT\INTERLOC\SHERIFF - USE OF AIRPORT FACILITIES 8 .14.09.DOCX I 2. Use Fee; Escalation Clause; and Method of Adiusting Rates A. In consideration and recognition of the general security services provided to the St. Lucie County International Airport, as described in Exhibit "A", attached hereto, and which far exceed the current annual fair market rental value of the Facilities (which as of the date of this Agreement equals $86,500 for 2900 Industrial Avenue 3 and $20,700 for 2850 Curtis King Boulevard), the Sheriff shall pay no further rent to the County during the Term of this Agreement, unless it is subsequently shown that the cost of providing the services set forth in Exhibit "A" no longer equates to, at least, the then established fair market rental value of the Facilities. B. The County and Sheriff recognize and agree that the purchasing power of the United States dollar is evidenced by the Consumer Price Index ("CPI"). Beginning upon the commencement of the second year of the Agreement and continuing each year thereafter, the Annual Use Fee, if applicable under Paragraph 2.A above, shall be adjusted in accordance with the provisions hereinbelow. Said adjustments shall be computed one (1) month prior to the end of each year beginning one year from the date of the Agreement and continuing each year thereafter, with the adjusted Fee to be paid in equal consecutive monthly installments. The adjusted Annual Fee for the applicable Term or Renewal Term shall be determined by multiplying the Annual Fee then in effect for the Term of this Agreement by a fraction, the numerator or which is the Consumer Price Index (All Items and Major Group Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as of three (3) months prior to the expiration of the Term, as the case may be, and the date of commencement of this Agreement. The County shall provide the Sheriff with the new Annual Fee amount and County calculations to arrive at same within ten (10) days following the aforementioned calculation date. C. This Agreement shall be subject to review and re-evaluation at the end of each 10 year period by the County and the use fee may be adjusted according to its action, not to exceed the CPI during the prior 12 month period, if it is shown that the cost of providing the services set forth in Exhibit "A" no longer equates to, at least, the then established fair market rental value of the Facilities. 2 S:VWTTY\AGREEMNT\INTERLOC\SHERIFF -USE OF AIRPORT FACILITIES 8 .14.09.DOCX 3. Airport Protection. It shall be a condition of this Agreement, that the County reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in said airspace, and for use of said airspace for landing on, taking off from or operating on the Airport. The Sheriff expressly agrees for itself, its successors and assigns to restrict the height of structures, objects or natural growth and other obstructions on the hereinabove described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. The County expressly agrees for itself, its successors and assigns, to prevent any use of the hereinafter described real property which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard. 4. Revenues. Any revenues generated from a sublease of the Facilities are to be used exclusively for the operation and maintenance of the airport. 5. Term; Termination. This Agreement shall continue in effect from the day and year first written above until terminated by either party upon no less than sixty (60) days written notice to the other party. 6. Sublease and Assignment. The Sheriff shall not sublease all or any part of the Facilities, or assign this Agreement in whole or in part without the County's written prior consent. 7. Maintenance and Repairs. A. During the Term, the Sheriff shall be responsible for the grounds and all custodial services provided for the Facilities during the term of this Agreement. 3 S.�ATTY\AGREEMNT\INTERLOC\SHERIFF - USE OF AIRPORT FACILITIES 8 .14.09.DOCX B. During the Term, the County shall be responsible for all interior maintenance and all necessary interior repairs, at its expense, to the Facilities, including such items as routine repairs of floors, walls, ceilings, HVAC system, and other parts of the Facilities, subject to the obligations of the parties otherwise set forth in this Agreement. The County's Central Services Department shall be responsible for maintaining the exterior of the building. 8. Alterations and Improvements. A. The Sheriff, at its expense, shall have the right following the County's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Facilities from time to time as Sheriff may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Consent by County shall not be unreasonably withheld. B. As it may deem necessary during the term of this Agreement, Sheriff shall have the right to place and install new flooring, personal property, trade fixtures, equipment and other temporary installations in and upon the Facilities, and fasten the same to the facilities. C. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by the Sheriff at the commencement of the term or placed or installed on the Facilities by the Sheriff thereafter, shall remain Sheriff's property free and clear of any claim by County. The Sheriff shall have the right to remove the same at any time during the term of this Agreement provided that all damage to the Facilities caused by such removal shall be repaired by the Sheriff at the Sheriff's expense. 9. Insurance. A. County shall maintain fire and extended coverage insurance on the Facilities with replacement cost coverage limits of not less than the replacement cost of the building. The County shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property and removable trade fixtures, located in the Facilities. 4 S:\ATTY\AGREEMNT\INTERLOC\SHERIFF - USE OF AIRPORT FACILITIES 8 .14.09.DOCX B. The Sheriff shall carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. C. The Sheriff shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the County, protecting and insuring the County against any and all of the foregoing with coverage limits of not less than $1,000,000 for bodily injury and property damage as a result of any single occurrence concerning the Sheriff's operation of the Facilities. The described policies of insurance and all renewals of those policies shall be delivered to the County. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non -renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by the Sheriff to the County at the time of execution of this Agreement. D. Except as otherwise provided in this Agreement, if the facilities or any part of them (including any leasehold improvements), shall be damaged or destroyed, the County may, to the extent that insurance proceeds are available and subject to the availability of up front County funding, determine to repair or replace the same, and any insurance proceeds shall belong to the County. It shall be the County's decision whether to repair or reconstruct the facilities as appropriate. If such a substantial portion of the Facilities is destroyed so that the County determines that the Sheriff cannot reasonably continue to utilize the Facilities until the same are repaired or replaced, then the County may elect to either repair or replace the same, to the extent that insurance proceeds are available, or to abstain from repairing or replacing the same and to terminate this Agreement, whereupon any insurance proceeds shall be paid to the County. E. The Sheriff shall provide the County with current Certificates of Insurance evidencing the Sheriff's compliance with this Paragraph. 5 S:\ATTY\AGREEMNT\INTERLOC\SHERIFF - USE OF AIRPORT FACILITIES 8 .14.09.DOCX 10. Utilities. A. The Sheriff shall be responsible for all charges for water, sewer, gas and electricity used at the Facilities during the term of this Agreement. The Sheriff shall also pay for, and be responsible for, installation of its own telephone and computer/internet services, including wiring and hookups, to be used by the Sheriff at the Facilities. B. The Sheriff hereby acknowledges that the Facilities are designed to provide standard office use electrical facilities and standard office lighting. 11. Signs. Following the County's consent, which shall not be unreasonably withheld, the Sheriff shall have the right to place the Facilities, at locations selected by the Sheriff, any signs which are permitted by applicable zoning ordinances and private restrictions. The County may refuse consent to any proposed signage that is in the County's opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Facilities. 12. Notice. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 If to Sheriff: St. Lucie County Sheriff 4700 West Midway Road Fort Pierce, Florida 34950 0 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 S \ATTY\AGREEMNT\INTERLOC\SHERIFF - USE OF AIRPORT FACILITIES 8 A4.09.DOCX 13. Indemnification. Subject to the limitations set forth in Section 768.28, Florida Statutes, each party agrees to indemnify and save the other party harmless from and against any and all claims, suits, damages, liabilities, or causes of action arising out of, or related to, or in connection with the negligent performance or nonperformance of any provision of this Agreement required of the indemnifying party, including personal injury, loss of life, or damage to property, and from and against any order, judgment, or decree that may be entered on this Agreement, and from and against all costs, attorneys' fees, expenses, suits incurred in and about the defense of any such claim, and the investigation thereof, provided, however, that nothing in this Agreement shall be deemed to indemnify a party for any liability or claim arising out of the negligence, performance, or nonperformance of such party or as a result of the negligence of any unrelated third party. 14. Nondiscrimination. The Sheriff for itself, its agents, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that the Sheriff shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the County shall have the right to terminate the agreement and to re-enter and as if said agreement had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. 7 S:\ATTY\AGREEMNT\INTERLOC\SHERIFF - USE OF AIRPORT FACILITIES 8 .14.09.DOCX 15. Property Rights Reserved. This Agreement and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the County acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the Agreement of such lands from the County, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the County pertaining to the Airport. 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, properly authorized, executed, and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 17. Venue. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. In the event of litigation regarding this Agreement, the prevailing party shall be entitled to payment from the defaulting party of all court costs and reasonable attorneys' fees incurred in the action. 18. Filing. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. [The next page is the signature page.] U S:\ATTY\AGREEMNT\INTERLOC\SHERIFF - USE OF AIRPORT FACILITIES 8 .14.09.DOCX IN WITNESS WHEREOF the parties hereto have accepted, made, and executed this Agreement upon the terms and conditions above stated on the day and year first written above. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY SHERIFF BY: KEN MASCARA 9 S:\ATTY\AGREEMNT\INTERLOC\SHERIFF - USE OF AIRPORT FACILITIES 8 .14.09.DOCX EXHIBIT A SHERIFF'S GENERAL AIRPORT SECURITY DUTIES • Patrol of Airport Grounds • Responding to Alerts • Checking Suspicious Planes and People The cost for these services are based on 8 hours per day, 365 days per year, for coverage by aviation staff, road patrol staff, Special Investigations staff and new staff stationed at the Airport. The breakdown is as follows: • Salary/Wages $ 56,000 • FICA/Medicare $ 4,284 • Retirement $ 11,715 • Workers Compensation $ 4,217 • Health/Life/Dental $ 20,707 • Equipment/Fuel/Repairs/ IT costs/Data Communication $18,077 TOTAL $115,000 10 S:\ATTY\AGREEMN-RINTERLOC\SHERIFF - USE OF AIRPORT FACILITIES 8 .14.09.DOCX c i I�ev l5ed. INTERLOCAL AGREEMENT (SHERIFF'S FACILITIES - AIRPORT) THIS INTERLOCAL AGREEMENT made this day of , 2009, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called "County" and the ST. LUCIE COUNTY SHERIFF, a State of Florida constitutional officer, hereinafter called "Sheriff'. WHEREAS, Section 163.01, Florida Statutes, provides that local government units and independent constitutional officers may cooperate by agreement to provide necessary and essential public services, and WHEREAS, the purpose of Section 163.01, Florida Statutes, is to permit local government units to make the most efficient use of their powers by cooperating with other local government units and independent constitutional officers for their mutual advantage; and WHEREAS, the Sheriff provides security services at the Airport as provided in Exhibit "A" and these services offset the fair market rental value of the buildings that the Sheriff's staff is occupying. NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties agree as follows: 1. Sheriff Services; Use of Buildings. The Sheriff shall use the Facilities located at 2850 Curtis King Boulevard and 2900 Industrial Avenue 3, Fort Pierce, Florida, (hereinafter referred to as the "Facilities") to provide general security services to the St. Lucie County International Airport and related facilities. As determined by the Sheriff, the Sheriff shall maintain sufficient personnel and related equipment to provide security services. 2. Use Fee; Escalation Clause; and Method of Adiusting Rates. A. In consideration and recognition of the general security services provided to the St. Lucie County International Airport, as described in Exhibit "A", attached hereto, and which far exceed the current annual fair market rental value of the Facilities (which as of the date of this Agreement equals $86,500 for 2900 Industrial Avenue 3 and $20,700 for 2850 Curtis King 1 Ab Boulevard), the Sheriff shall pay no further rent to the County during the Term of this Agreement, unless it is subsequently shown that the cost of providing the services set forth in Exhibit "A" no longer equates to, at least, the then established fair market rental value of the Facilities. B. The County and Sheriff recognize and agree that the purchasing power of the United States dollar is evidenced by the Consumer Price Index ("CPI"). Beginning upon the commencement of the second year of the Agreement and continuing each year thereafter, the Annual Use Fee, if applicable under Paragraph 2.A above, shall be adjusted in accordance with the provisions hereinbelow. Said adjustments shall be computed one (1) month prior to the end of each year beginning one year from the date of the Agreement and continuing each year thereafter, with the adjusted Fee to be paid in equal consecutive monthly installments. The adjusted Annual Fee for the applicable Term or Renewal Term shall be determined by multiplying the Annual Fee then in effect for the Term of this Agreement by a fraction, the numerator or which is the Consumer Price Index (All Items and Major Group Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as of three (3) months prior to the expiration of the Term, as the case may be, and the denominator of which shall be the Index for the same month of the prior year. The County shall provide the Sheriff with the new Annual Fee amount and County calculations to arrive at same within ten (10) days following the aforementioned calculation date. For example: An agreement is signed in May 2007 for an annual rent of $100 000.00. The annual rent adiustment would be due in May 2008. The adiustment is calculated based on the U.S. Department of Labor Bureau of Labor Statistics Data for Consumer Price Index U.S. City Average for February 2008 (three months prior to annual adjustment due in May 2008) which was 634.139 and the Average for May 2007 (month one year prior) which was 622.827. The formula used to determine the adjusted annual rent is: 2/08 Average 634.139 5/07 Average X Current Annual Rent = Adiusted Rent 622/827 X$100,000.00= $101,800.00 C. This Agreement shall be subject to review and re-evaluation at the end of each 10 year period by the County and the use fee may be adjusted according to its action, not to exceed the CPI during the prior 12 month period, if it is shown that the cost of providing the services set forth in Exhibit "A" no longer equates to, at least, the then established fair market rental value of the Facilities. 2 3. Airport Protection. It shall be a condition of this Agreement, that the County reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in said airspace, and for use of said airspace for landing on, taking off from or operating on the Airport. The Sheriff expressly agrees for itself, its successors and assigns to restrict the height of structures, objects or natural growth and other obstructions on the hereinabove described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. The County expressly agrees for itself, its successors and assigns, to prevent any use of the hereinafter described real property which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard. 4. Revenues.. Any revenues generated from a sublease of the Facilities are to be used exclusively for the operation and maintenance of the airport. 5. Term; Termination. This Agreement shall continue in effect from the day and year first written above until terminated by either party upon no less than sixty (60) days written notice to the other party. 6. Sublease and Assignment. The Sheriff shall not sublease all or any part of the Facilities, or assign this Agreement in whole or in part without the County's written prior consent. 7. Maintenance and Repairs. A. During the Term, the County's Central Services Department shall be responsible for the grounds and all custodial services provided for the Facilities during the term of this Agreement. B. During the Term, the County shall be responsible for all interior maintenance and all necessary interior repairs, at its expense, to the Facilities, including such items as routine repairs of floors, walls, ceilings, HVAC system, and other parts of the Facilities, 3 subject to the obligations of the parties otherwise set forth in this Agreement. The County's Central Services Department shall be responsible for maintaining the exterior of the building. 8. Alterations and Improvements. A. The Sheriff, at its expense, shall have the right following the County's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Facilities from time to time as Sheriff may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Consent by County shall not be unreasonably withheld. B. As it may deem necessary during the term of this Agreement, Sheriff shall have the right to place and install new flooring, personal property, trade fixtures, equipment and other temporary installations in and upon the Facilities, and fasten the same to the facilities. C. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by the Sheriff at the commencement of the term or placed or installed on the Facilities by the Sheriff thereafter, shall remain Sheriff's property free and clear of any claim by County. The Sheriff shall have the right to remove the same at any time during the term of this Agreement provided that all damage to the Facilities caused by such removal shall be repaired by the Sheriff at the Sheriff's expense. 9. Insurance. A. County shall maintain fire and extended coverage insurance on the Facilities with replacement cost coverage limits of not less than the replacement cost of the building. The County shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property and removable trade fixtures, located in the Facilities. B. The Sheriff shall carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. C. The Sheriff shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the County, protecting and insuring the County against any and all of the foregoing with coverage 4 Ir limits of not less than $1,000,000 for bodily injury and property damage as a result of any single occurrence concerning the Sheriff's operation of the Facilities. The described policies of insurance and all renewals of those policies shall be delivered to the County. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non -renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by the Sheriff to the County at the time of execution of this Agreement. D. Except as otherwise provided in this Agreement, if the facilities or any part of them (including any leasehold improvements), shall be damaged or destroyed, the County may, to the extent that insurance proceeds are available and subject to the availability of up front County funding, determine to repair or replace the same, and any insurance proceeds shall belong to the County. It shall be the County's decision whether to repair or reconstruct the facilities as appropriate. If such a substantial portion of the Facilities is destroyed so that the County determines that the Sheriff cannot reasonably continue to utilize the Facilities until the same are repaired or replaced, then the County may elect to either repair or replace the same, to the extent that insurance proceeds are available, or to abstain from repairing or replacing the same and to terminate this Agreement, whereupon any insurance proceeds shall be paid to the County. E. The Sheriff shall provide the County with current Certificates of Insurance evidencing the Sheriff's compliance with this Paragraph. 10. Utilities. A. The Sheriff shall be responsible for all charges for water, sewer, gas and electricity used at the Facilities during the term of this Agreement. The Sheriff shall also pay for, and be responsible for, installation of its own telephone and computer/internet services, including wiring and hookups, to be used by the Sheriff at the Facilities. B. The Sheriff hereby acknowledges that the Facilities are designed to provide standard office use electrical facilities and standard office lighting. 5 1 11. Signs. Following the County's consent, which shall not be unreasonably withheld, the Sheriff shall have the right to place the Facilities, at locations selected by the Sheriff, any signs which are permitted by applicable zoning ordinances and private restrictions. The County may refuse consent to any proposed signage that is in the County's opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Facilities. 12. Notice. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 If to Sheriff: St. Lucie County Sheriff 4700 West Midway Road Fort Pierce, Florida 34950 13. Indemnification. With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 Subject to the limitations set forth in Section 768.28, Florida Statutes, each party agrees to indemnify and save the other party harmless from and against any and all claims, suits, damages, liabilities, or causes of action arising out of, or related to, or in connection with the negligent performance or nonperformance of any provision of this Agreement required of the indemnifying party, including personal injury, loss of life, or damage to property, and from and against any order, judgment, or decree that may be entered on this Agreement, and from and against all costs, attorneys' fees, expenses, suits incurred in and about the defense of any such claim, and the investigation thereof, provided, however, that nothing in this Agreement shall be deemed to indemnify a party for any liability or claim arising out of the negligence, performance, or nonperformance of such party or as a result of the negligence of any unrelated third party. 14. Nondiscrimination. The Sheriff for itself, its agents, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the 6 benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that the Sheriff shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the County shall have the right to terminate the agreement and to re-enter and as if said agreement had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. 15. Property Rights Reserved. This Agreement and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the County acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the Agreement of such lands from the County, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the County pertaining to the Airport. 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, properly authorized, executed, and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 17. Venue. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. In the event of litigation regarding this Agreement, the prevailing party shall be 7 entitled to payment from the defaulting party of all court costs and reasonable attorneys' fees incurred in the action. 18. Filing. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF the parties hereto have accepted, made, and executed this Agreement upon the terms and conditions above stated on 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: BY: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY SHERIFF BY: KEN MASCARA S:\atty\agreemnt\interloc\Sheriff — Use of Airport Final.doc 8 EXHIBIT A SHERIFF'S GENERAL AIRPORT SECURITY DUTIES • Patrol of Airport Grounds • Responding to Alerts • Checking Suspicious Planes and People The cost for these services are based on 8 hours per day, 365 days per year, for coverage by aviation staff, road patrol staff, Special Investigations staff and new staff stationed at the Airport. The breakdown is as follows: • Salary/Wages $ 56,000 • FICA/Medicare $ 4,284 • Retirement $ 11,715 • Workers Compensation $ 4,217 • Health/Life/Dental $ 20,707 • Equipment/Fuel/Repairs/ IT costs/Data Communication 18,077 TOTAL $115,000 I ITEM NO. VI-B-6 DATE: 08/25/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: �• ,/ Mark J. Godwin SUBMITTED BY: County Attorney/Criminal Justice Div. Criminal Justice Coordinator SUBJECT: Approve Budget Amendment Request to utilize Contingency Funds in the amount of $50,567.00 with a plan to repay these funds in FY 09/10. BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: Please see the attached Budget Amedment BA09-035. PREVIOUS ACTION: In 2007 the Board awarded the Lab appx. $48,000.00 in drug abuse trust fund dollars. In 2008 the Board awarded the Lab $14,300.00 in drug abuse trust fund dollars. RECOMMENDATION: Staff requests that the Board allow the lab to utilize contingency funds ($50,567.00) from this budget and allow the lab to refund the "borrowed" contingency funds in next year's budget (09/10). Further recommend the Board approve the attached Budget Amendment BA09-035, which will allow the lab to pay for chemicals and contracted personnel costs. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED _------} ( ) OTHER Faye W. Outlaw, MPA County Administrator Approved 5-0 Coordination/Siclnatures County Attorney k OMB Director ( ) Budget Analyst (Name) (Name) INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 09-1024 DATE: August 25, 2009 SUBJECT: Approve Budget Amendment Request to Utilize Contingency Funds in the amount of $50,667.00 with a plan to repay these contingency funds in FY 09/10 BACKGROUND: On March 18, 2008, the Board approved the implementation and opening of the St. Lucie County Drug Screening Lab. The Lab opened on July 1, 2008, and currently averages five hundred fifty (550) individual tests per week. Since the Lab was opened, we have seen a dramatic increase in indigent court ordered defendants utilizing the services of the Lab. Furthermore, when the Lab opened, the State Department of Children and Families (D.C.F.) contributed $25,000.00 towards the purchase of chemicals, But unfortunately, we have not received their funding as of this date. Additionally, in last budget year the Lab had received a $40,800.00 award in a "mini -grant", but this year the Lab only received $14,942.00. Additionally, the previous Administration removed $50,000.00 from the Lab's reserve budget for cash carry forward. The Lab plans to refund the County in FY 09/10 with the following business plan strategy: Utilize the entire amount of funds generated from the defendants paying into the Substance Abuse and Drug Trust fund, which is regulated by the authority of the County. This fund is expected to generate $63,000.00 in FY 09/10. This is pending Board Approval on the August 18, 2009 agenda. 2. We will be asking the courts to give the Lab Staff the authority to determine if individual defendants have the ability to pay in accordance with the Federal Poverty Guidelines. This would eliminate the courts having to rely on "guesstimates" by defendants and provide more accurate information before a determination of waiver status is made by the judges. During the next six (6) months, the Lab will be putting together an aggressive marketing plan. This will allow the Lab to screen employees of private businesses in accordance with the "Drug Free Work Place" requirements. Recommendation / Conclusion: Staff requests that the Board allow the Lab to utilize contingency funds ($50,567.00) from this budget and allow the Lab to refund the "borrowed" contingency funds in next year's budget (09/10). Further recommend the Board approve the attached Budget Amendment BA09-035, which will allow the Lab to pay for chemicals and contracted personnel costs. F Ar f BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: County Attorney - Criminal Justice Drug Lab PREPARED DATE: 8/12/2009 AGENDA DATE: 8/18/2009 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-2360-534000-2053 Other Contractual Services $18,000 001-2360-552000-2053 Operating Supplies $32,567 FROM: 001-9910-599100-800 Contingency $50,567 REASON FOR BUDGET AMENDMENT: To cover the invoices due to Kelly Services for tempora help and for Siemens Healthcare Diagnostics, Inc. to purchase reagents/chemicals for the Druq Lab to the end of the fiscal year. CONTINGENCY BALAN THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: $772,175 $ 50, 567 $721.608 BA09-035 FISCAL YEAR 2008-2009 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $772,175 DEPARTMENT ITEM Approved Budget Contingency Grants/D. Recovery Severe Repetitive Loss Pilot Program BA09-022 SOE-Special Primary and General Elections County Admin / VAB Pay invoices to FYE for Special Magistrate Services County Attorney Additional funds for litigation services Central Services To repair elevator Proposed action: County Attorney County Attorney ACCOUNT # 001-9910-599100-800 001-1350-531000-1931 001-8191-599080-800 001-1325-531000-100 001-1410-531000-100 001-1925-546000-100 Total used: Balance Available Ciminal Justice -Drug Lab -Pay invoices to Kelly Services 001-2360-534000-2053 Ciminal Justice -Drug Lab- Purchase reagents/chemicals 001-2360-552000-2053 Balance Available After Proposed Action: Balance Available After Proposed Action: AMOUNT $1,041,175 $24,000 $150,000 $10,000 $35,000 $50,000 $269,000 $772,175 $18,000 $32,567 $50,567 $721,608 $721,608 AGENDA REQUEST ITEM NO. VI-C1 DATE: 08/25/09 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY - Lee Ann Lowe SUBMITTED BY: Administration Assistant CounW Administrator SUBJECT: Advisory Board Procedures BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution 09-241 adopting operational procedures for advisory boards as provided in Attachments A and B of the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approve 5-0 Motion to approve as amended. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( vj OMB Director .L„ i7; ^ Budget Analyst leather Young Originating Dept. (✓) Lee Ann Lowery Atu (Name) (Name) (Name) hDMINISTRATION MEMORANDUM TO: Board of County Commissioners THROUGH: Faye W. Outlaw, MPA County Administrator FROM: Lee Ann Lowe Assistant Coun dministrator DATE: August 25, 2009 SUBJECT: Advisory Board Procedures ITEM NO. VI-Cl Background: St. Lucie County has significantly reduced staff since 2006 and is currently at 2000-01 Staffing levels. At the BOCC 2008 Strategic Planning meeting, staff was directed to establish operational procedures for advisory boards. Following BOCC direction, the following steps were taken_ • An internal work group -was established to develop the procedures. This work group included representatives from various County departments which support advisory boards as well as staff from the County Attorney's office. • Research was conducted to determine the active advisory boards, the instrument which created the advisory board and the whether there were statutory, grant or other requirements related to the board. • Individual meetings were held with Commissioners to review the proposed procedures, advisory board list and status recommendations. • A meeting with advisory board chairs, department directors and staff liaisons was held on May 21, 2009 to discuss the draft procedures and advisory board list. • Draft procedures were emailed to all advisory board chairs on June 17, 2009 with a request for comments no later than July 23, 2009. One response was received. During the review process, the only concern expressed by a committee member was that advisory board chairs were limited to two terms and the negative impact this might have on a board. However, the procedures provide, at the discretion of the BOCC, additional term(s) for both chairs and members may be approved. Operational procedures are provided in Attachment A. The advisory board list and status recommendations are provided in Attachment B. Recommendation Board approval of Resolution 09-241 adopting operational procedures as provided in Attachments A and B of this agenda memorandum. s RESOLUTION NO. 09-241 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ADOPTING OPERATIONAL PROCEDURES FOR ADVISORY BOARD AND COMMITTEES WHEREAS, the Board of County has made the following determinations: 1. The Board has created numerous advisory boards and committees which play a significant role in the operation of County government; and 2. The adoption of uniform operational procedures will result in the more efficient and effective use of the services provided by these advisory boards and committees and the County staff assigned to assist them. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. The Board hereby adopts the "Operational Procedures for St. Lucie County Board of County Commissioners (BOCC) Non -quasi-judicial Advisory Boards and Committees", a copy of which is attached hereto and incorporated herein as Attachment A. B. This resolution shall be effective on the date of its adoption. After motion and second, the vote on this resolution was as follows: Chair Paula A. Lewis XX Vice Chair Charles Grande XX Commissioner Doug Coward XX Commissioner Chris Craft XX Commissioner Chris Dzadovsky XX PASSED AND DULY ADOPTED this 25th day of August, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND BY: s: \atty\resoltn\2009\09-241.doc CORRECTNESS: County Attorney ATTACHMENT A Operational Procedures for St. Lucie County Board of County Commissioners (BOCC) Non -quasi-judicial Advisory Boards and Committees August 2009 The following procedures are applicable to all BOCC advisory committees/boards. When these operational procedures conflict with the resolution or other instrument creating an advisory committee/board or with any committee bylaws or procedures, these procedures will be followed unless the County Administrator approves an exception. However, these procedures will not supersede a County ordinance or other legal or grant requirements. Although these operational procedures do not apply to the Planning & Zoning Board and quasi-judicial committees/boards, they should serve as guidelines for the general operation of these boards. I. General Procedures 1. All advisory boards/committees will be assigned a category by the BOCC: a. Standing board/committee — meets at regularly scheduled meetings (monthly, bi-monthly, quarterly, etc.) to accomplish ongoing responsibilities; or b. Ad hoc board/committee — meets only when required to prepare and/or vote on a formal recommendation to the BOCC; or c. Special Task board/committee — established to accomplish a specific task(s) by a particular date, after which the board/committee will sunset. The timeline for accomplishment of task(s) may be extended by the BOCC. Attachment B indicates the assigned category for current advisory boards/committees. 2. Per Attachment B, all advisory boards and committees shall be subject to a review at least every five years. The review shall be conducted by the County Administrator or designee, in cooperation with the advisory board chair, and will include, but is not limited to, the following information: a. Date committee/board was established; b. Review of statutory or other legal requirements for committee/board, if any; c. Number of scheduled meetings per year and number of meetings conducted. For meetings that were cancelled, the reason(s) will be provided, i.e., lack of a quorum, no business, etc.; d. Purpose, goals and/or duties as stated in the resolution or instrument creating the committee/board. Any additional duties assigned by the BOCC will also be identified; e. Specific accomplishments of the committee/board related to goals, purpose and/or duties. 3. Following the review, the County Administrator will present recommendation(s) for BOCC consideration which may include, but are not limited to, revisions to committee/board membership, mission or goals, assigned category or sunset of committee/board. 4. Prior to establishing a new advisory board or committee, the BOCC will consider the potential for an existing board/committee to assume responsibilities or tasks. 1 ATTACHMENT A 5. Advisory boards/committees provide recommendations to the BOCC and are prohibited from submitting comments, opinions and recommendations to others, except as private citizens. The recommendations of a board/committee shall not be presented in any form as the position or recommendation of the BOCC, its members or County Administration. Advisory boards/committees and/or individual members shall not direct, manage or oversee County staff. 6. Members of BOCC advisory boards/committees shall comply with Florida's Government -in -the - Sunshine laws. II. Meetings of Committees Meetings of Standing boards/committees should be limited to no more than one per month. Ad hoc boards/committees meet only when required to prepare and/or vote on a formal recommendation to the BOCC. Special Task boards/committees may meet from one to four times per month based on the availability of staff and members. Special meetings of all boards/committees should only be called for time -sensitive, substantive issues. . 2. Meetings of all advisory boards/committees should be scheduled with a minimum of two weeks' notice to the members. 3. All boards/committees should meet only when a quorum is expected to be present. Meetings should be limited to a maximum of 2 hours and a reasonable effort should be made to establish agendas which will not exceed this time limit. 4. The staff liaison will ensure that meeting notices and agendas are properly posted in a public location (typically the media bulletin board in Media Relations office) no less than 48 hours in advance of the meeting (unless additional notice is required by ordinance, statute, etc.) Meeting notices and agendas, as well as cancellations and location changes, must also be provided to Administration for posting on the County website and Administration Building monitors. Notice of meeting cancellations and/or location changes should be provided to members as soon as known and receipt of notice confirmed by the Department Director or designee. 5. Member attendance via phone or videoconference may not be counted toward establishment of a quorum. However, once a quorum is established, members attending via phone or videoconference may fully participate in meetings, including voting on advisory board/committee 6. Meetings should be conducted during normal operating hours of the building in which they are held. After-hours meetings in the Administration Building may only be held in accordance with approved policy. 7. Agendas will be jointly established by the Chair and the staff liaison, who shall be the Department Director or designee. The agenda and related materials should be provided to members at least 5 days in advance of a meeting, preferably electronically. 8. Committee/board members should review agenda items prior to meetings. To maximize use of committee/board meeting time, non -substantive comments and questions should be submitted to or discussed with the staff liaison prior to the scheduled meeting time. 2 ATTACHMENT A 9. The staff liaison will ensure that attendance is taken and summary minutes provided for committee/board approval at the next scheduled meeting. Copies of approved minutes must be provided to the County Administrator's office and kept on file in the department. Recording of advisory board/committee meetings is not required and verbatim minutes will not be taken or transcribed from any recordings. III. Membership 10. Department Directors or designees should provide an orientation for all new Committee members within 60 days of appointment or as soon as practical. Such orientation shall be documented and include a copy of these procedures, the instrument establishing the advisory board/committee and information provided by the County Attorney on the applicable requirements of Florida's Government -in -the -Sunshine laws. 11. A member who is absent for three successive meetings, or more than three times in six months, is considered to have resigned, unless an excused absence is requested by the member and approved by the board/committee chair. 12. When a vacancy occurs, the staff liaison must notify the County Administrator's office as soon as possible to initiate the appointment process. When the member represented an organization which is specified as a member of the committee, the staff liaison should contact the organization to request a new appointee. 13. Citizens may serve on a maximum of two BOCC advisory committees or boards at a time, unless prohibited by law. Appointees, including those representing an organization, shall serve no more than two full terms (or no more than eight years if terms are not specified) unless waived by the BOCC. Appointees of Constitutional Officers serve at the will of the Constitutional Officer. 14. Standing and Ad hoc advisory boards/committees will elect a chair at the first meeting of each calendar year. Special Task boards/committees will elect a chair at the first meeting. No member shall serve more than two consecutive years as chair unless waived by the BOCC. 3 Ch L N O N m C O O N U) 'O a �+ E .� L E 0 H O d U � N W U N U O m m m r M — Q O Q O N .-- c- Q a-- Q — Q r- O O N — 4) N z N z N N CIAz N z N z N C)N CD d a' O a) c 5 E M IT 0 3 a) c d O Co L` O �O N m a) co U c C O "0 m..- N Nw M a3 O a) a) N '2 o a) O OL = aJ C C .Q O fl_ C a) E to U U C .di O in 7 U = cn C N a) a) = 33 C a C O --' U 7 z t�ico)� 3coi� t�iJ�) cn O o`oEU a`) CO o Ix a0) .2 t o rn- C 0 N— XO N OY QUO �2 N C Or•O 0 N N 7 M 7 •d 3 _�_ 7 _N 7 O c) C 7 O N U O •j c v0Na) Q•50 cr00 �t..�ch N Q' 0 of I— V) OC of w i) w ao N t N oro o �o Q c 3 c m 0` a = a) a) o N aD ca N ' a) Co Z N () a) N C j Y N (q N v) E f- a) cn F— y IA a t U 0 4) L C L L L_ � -U V N C - C �7 a) LU a LL ) Q U) Q ! 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C U N C N O N m Q U lL > m a cc CO)Ccc U o M LL m 4) c a) C.)t:f c Q o Q _i 0 a3i N m s `0 3 o a o u, 7 0 o._ o 5 E 0 c 0 N Q Q ¢ m m i� U U= U o p w ti = x R N L cc O m U) O O c�0 N N 0) 4) Q+ E s E u N O d U � .a U) w U cn U O m m m r O m N m o Q Q m o rM m co 3 d N N N N Z Z N N N N G1 t m 3 C o � c c 'N w a o as o Co o � E n cn O > n o as E Z cn o w o E m C N W w ` a) n 7 C 'O O cm C N o x n� a U ti U) y � �.+ fn m 4 t: Cca0 U N 3 N c0 N C N +- N (D N a) a) E ca U N of v c E U C C c t t A t o t c Q Q U)Q (D cn m Q U) (n Q L O O y a) O O 0 a a)CD a) C O U N U CD C O c fA N a) " ` O` 6 c a) (n ' 'y a) a) "6 c 0 U C .N W a) c (D -O -O L O O a) a) (Da) 'O �. _U m J 0 O C Co a)0 p o o Z aa) '0 O U ` U Y c O C� a1 �. O w+ ui U Q a) o >� m U a—). C Q) .. O 0 .r a) a)a) V C L C 0 y E C 2 mC ,Y N y .— N �' •C p E — a) w O 0a-oa-0 ai 7 -0 w I—U-0 O w a d E C a> a) O E U O E E — Q E c o U E E E O U i c CD o U Cj c o c ci c C o a) c o m U C U E O U) m O O N y c E U O °5 c m o O w ca c > > 'D E U O m o o U > `o Q Q n o y N U)N .. Q O L a) O 'o O y � Q Q .� as c O �j 0 y U U a)N Q > Q a 3 c .. H co Q _0 cc.- p 0 fA r m co to 7 M m -i J d W- R' fn fn H F- > N ATTACHMENT A %W Operational Procedures for St. Lucie County Board of County Commissioners (BOCC)F? Non -quasi-judicial Advisory Boards and Committees EVIR � August 2009 The following procedures are applicable to all BOCC advisory committees/boards. When these operational procedures conflict with the resolution or other instrument creating an advisory committee/board or with any committee bylaws or procedures, these procedures will be followed unless the County Administrator approves an exception. However, these procedures will not supersede a County ordinance or other legal or grant requirements. Although these operational procedures do not apply to the Planning & Zoning Board and quasi-judicial committees/boards, they should serve as guidelines for the general operation of these boards. I. General Procedures 1. All advisory boards/committees will be assigned a category by the BOCC: a. Standing board/committee — meets at regularly scheduled meetings (monthly, bi-monthly, quarterly, etc.) to accomplish ongoing responsibilities; or b. Ad hoc board/committee — meets only when required to prepare and/or vote on a formal recommendation to the BOCC; or c. Special Task board/committee — established to accomplish a specific task(s) by a particular date, after which the board/committee will sunset. The timeline for accomplishment of task(s) may be extended by the BOCC. Attachment B indicates the assigned category for current advisory boards/committees. 2. Per Attachment B, all advisory boards and committees shall be subject to a review at least every five years. The review shall be conducted by the County Administrator or designee, in cooperation with the advisory board chair, and will include, but is not limited to, the following information: a. Date committee/board was established; b. Review of statutory or other legal requirements for committee/board, if any; c. Number of scheduled meetings per year and number of meetings conducted. For meetings that were cancelled, the reason(s) will be provided, i.e., lack of a quorum, no business, etc.; d. Purpose, goals and/or duties as stated in the resolution or instrument creating the committee/board. Any additional duties assigned by the BOCC will also be identified; e. Specific accomplishments of the committee/board related to goals, purpose and/or duties. 3. Following the review, the County Administrator will present recommendation(s) for BOCC consideration which may include, but are not limited to, revisions to committee/board membership, mission or goals, assigned category or sunset of committee/board. 4. Prior to establishing a new advisory board or committee, the BOCC will consider the potential for an existing board/committee to assume responsibilities or tasks. ATTACHMENT A 5. Advisory boards/committees provide recommendations to the BOCC and are prohibited from submitting _comments, opinions and recommendations to others, except as private citizens. The recommendations of a board/committee shall not be presented in any form as the position or *00 recommendation of the BOCC, its members or County Administration. Advisory boards/committees and/or individual members shall not direct, manage or oversee County staff. 6. Members of BOCC advisory boards/committees shall comply with Florida's Government -in -the - Sunshine laws. II. Meetings of Committees Meetings of Standing boards/committees should be limited to no more than one per month. Ad hoc boards/committees meet only when required to prepare and/or vote on a formal recommendation to the BOCC. Special Task boards/committees may meet as required based on the needs created by their current special task(s). Special meetings of all boards/committees should only be called for time -sensitive, substantive issues. . 2. Meetings of all advisory boards/committees should be scheduled with a minimum of two weeks' notice to the members. 3. All boards/committees should meet only when a quorum is expected to be present. Meetings should be limited to a maximum of 2 hours and a reasonable effort should be made to establish agendas which will not exceed this time limit. 4. The staff liaison will ensure that meeting notices and agendas are properly posted in a public vo location (typically the media bulletin board in Media Relations office) no less than 48 hours in advance of the meeting (unless additional notice is required by ordinance, statute, etc.) Meeting notices and agendas, as well as cancellations and location changes, must also be provided to Administration for posting on the County website and Administration Building monitors. Notice of meeting cancellations and/or location changes should be provided to members as soon as known and receipt of notice confirmed by the Department Director or designee. 5. Member attendance via phone or videoconference may not be counted toward establishment of a quorum. However, once a quorum is established, members attending via phone or videoconference may fully participate in meetings, including voting on advisory board/committee 6. Meetings should be conducted during normal operating hours of the building in which they are held. After-hours meetings in the Administration Building may only be held in accordance with approved policy. 7. Agendas will be jointly established by the Chair and the staff liaison, who shall be the Department Director or designee. The agenda and related materials should be provided to members at least 5 days in advance of a meeting, preferably electronically. 8. Committee/board members should review agenda items prior to meetings. To maximize use of committee/board meeting time, non -substantive comments and questions should be submitted to or discussed with the staff liaison prior to the scheduled meeting time. 2 ATTACHMENT A 9. The staff liaison will ensure that attendance is taken and summary minutes provided for %W committee/board approval at the next scheduled meeting. Copies of approved minutes must be provided to the County Administrator's office and kept on file in the department. Recording of advisory board/committee meetings is not required and verbatim minutes will not be taken or transcribed from any recordings. III. Membership 10. Department Directors or designees should provide an orientation for all new Committee members within 60 days of appointment or as soon as practical. Such orientation shall be documented and include a copy of these procedures, the instrument establishing the advisory board/committee and information provided by the County Attorney on the applicable requirements of Florida's Government -in -the -Sunshine laws. 11.A member who is absent for three successive meetings, or more than three times in six months, is considered to have resigned, unless an excused absence is requested by the member and approved by the board/committee chair. 12. When a vacancy occurs, the staff liaison must notify the County Administrator's office as soon as possible to initiate the appointment process. When the member represented an organization which is specified as a member of the committee, the staff liaison should contact the organization to request a new appointee. 13. Citizens may serve on a maximum of two BOCC advisory committees or boards at a time, unless 11%w prohibited by law. Appointees, including those representing an organization, shall serve no more than two full terms (or no more than eight years if terms are not specified) unless waived by the BOCC. Appointees of Constitutional Officers serve at the will of the Constitutional Officer. I%W 14. Standing and Ad hoc advisory boards/committees will elect a chair at the first meeting of each calendar year. Special Task boards/committees will elect a chair at the first meeting. No member shall serve more than two consecutive years as chair unless waived by the BOCC. 3 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration/Media Relations SUBJECT: Media Relations Policy BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ITEM NO. VI-C2 DATE: 08/25/09 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT (X) PRESENTED BY: Shane DeWitt j D Technical Operations Manager PREVIOUS ACTION: August 16, 2005 - BOCC approval of the SLCTV operating guidelines and manual March 12-13 2008 - BOCC discusses charging non-profit groups at Strategic Planning April 22, 2008 - BOCC approval of revisions to the SLCTV operating manual June 30, 2009 - BOCC discusses additional policy revisions at its Informal Meeting RECOMMENDATION: Board approval of Resolution No. 09-229 and the Media Relations Policy as shown in Attachment A and authorization for the Chair to sign the resolution. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) a"�Coordnation/Signatures L (Name) CONCURRENCE: Faye W. Outlaw, MPA County Administrator ADMINISTRATION Media Relations MEMORANDUM TO: Board of County Commissioners THROUGH: Lee Ann Lowery, Assistant County Administratorh-9✓ FROM: Shane DeWitt, Technical Operations Manager c-r Administration/Media Relations -.1 D DATE: August 25, 2009 SUBJECT: Media Relations Policy ITEM NO. VI-C2 Background: As discussed at the June 2009 Informal Meeting of the Board of County Commissioners (BOCC), the current SLCTV operating and guidelines manual needs to be updated to reflect additional policy issues that have recently arisen, including policies relating to the Public Information Officer and County website. The original manual was more of an operating manual and not a policy manual. The latest revised manual strengthens the policies of the County's Office of Media Relations to provide clear direction from the BOCC on the division's mission and goal to provide accurate, timely information regarding St. Lucie County government. Major changes include: • St. Lucie County Commissioners, Commissioner Aides, Constitutional Officers or other elected officials shall not personally host any programs aired on SLCTV. This prohibition does not apply to Commissioners, Constitutional Officers or other elected officials fulfilling their official duties. • SLCTV may offer an annual competitive grant program for production of a video Public Service Announcement(s) (up to 60-seconds) to non-profit and/or government agencies. Following the awarding of the grants, any requests to provide video production services at no or reduced costs must be approved by the BOCC. • Preparation and distribution of press releases and video production services are provided at no charge to the BOCC and County departments, divisions and offices. • County departments, divisions and offices are prohibited from utilizing social networking sites and/or interactive communications (blogs, chat rooms, etc.) such as, but not limited to, Facebook, MySpace and Twitter to promote County programs and services due to Florida public records and Sunshine Law requirements. The proposed Media Relations Policy is provided in Attachment A. Under the proposed policy, a Media Relations operating procedures manual will be established by the County Administrator. Recommendation Board approval of Resolution 09-229 and the Media Relations Policy as shown in Attachment A and authorization for the Chair to sign the resolution. 2 r ATTACHMENT A St. Lucie County Board of County Commissioners Media Relations Policies August 2009 The County Administrator or designee shall develop written procedures consistent with the Board of County Commissioners' Media Relations Policies as listed below: I. SLCTV is a government access channel. Appropriate programming includes: A. Public service announcements (PSAs) of government -sponsored events and services B. Informational or instructional programs on various government agencies and government -sponsored services C. Public meetings of government policy -making boards/commissions D. Election coverage of vote counting data by the Supervisor of Elections Office only E. Candidate forums and debates sponsored by the League of Women Voters F. St. Lucie County -sponsored town hall meetings when approved by the Board of County Commissioners G. Emergency service operations for natural and man-made disasters, pandemic and/or health -related emergencies, weather phenomena, poison prevention, first aid, etc. II. SLCTV PROGRAMMING A. It shall be the policy of SLCTV to cooperate with all related news agencies (commercial, educational, and industrial) to the extent that cooperation will not interfere with the operation of SLCTV or its policies and/or procedures. B. SLCTV recognizes the jurisdiction of the Federal Communications Commission guidelines pertaining to television programming. It is the responsibility of the contributing entity to ensure that such guidelines are followed. Community standards of good taste will be adhered to at all times. The County Administrator or designee shall reject programming which does not comply with FCC guidelines and the following programming restrictions: 1. Meetings/programs containing obscene, offensive or defamatory material/language; 2. Programs containing copyrighted materials will not be broadcast without proper copyright authorization; 3. Programs which have as the primary purpose to promote commercial/profit-making products or services, political candidates, products, trade or business; 1 concerning any lottery, gift inform whole or part that contain any rizes based in 4 programs info romotion offering P enterprise, or similar p or donations unless for a upon lot or chance; directly solicit funding 5. Programs that roicit or service; s onsored event, p or municipal county- P county 6 programs that would violate any federal, state, statute or law; all declared candidates for 7. Political advertisements by or on behalf of legally public office; and listings may be le ballots Sudervisor of Elections or g. Endorsements of ballot issues; sample Lucie County artisan voter education permitted if submitted by spokesperson. Non-p resentation State Division of Elections information on ballot referendums will only be allowed if the P is non -endorsing. amming based on availability of airtime in the following C. SLCN will sche dule progr priority' Count order of p Y� Board of County Commissioners, y departments for use in connection with official St. Lucie � . St. Lucie County or programs County -sponsored activities. nment agencies for use in connection onsored 2. Local, State and Federal g overgovernment an government-sp their official non -partisan g government an residents in activities that affect the interests of local g St. Lucie County. and/or 3. Programs which impact St. Lucie County residents originated by produced by non-profit group(s) Commissioner Aides, Constitutional Officers or D. St. Lucie County Commissioners, ersonally host any programs aired on SLCTV. other elected officials shall not p This prohibition does not apply to Commissioners, Constitutional Officers or other p elected officials fulfilling their official duties. III. USE OF PRODUCTION FACILITIES AND EQUIPMENT Rental and Use: A. Production Services / Equipment and Studio Facility e video production services for the St. Luc; 'l. SLCN shall only provide fre County Board of County Common i n be madeers and intthe eevent divisions and offices. An excep declared emergency or at the County Administrator's discretion. 2. SLCN may provide video production services for any nr individual, government agency, business or corporation at a those services sufficient to cover all related costs. ensaton for staff,ef include, but are not limited to, full comp equipment and miscellaneous fees to cover other costs production(s). 2 3. Use of SLCTy e and only P equipment may be made available hour) Y upon approval of the Countyupon agency, drate will be charged to Administrator or desigrittennee request char an designee. An business or corporation and n-County individual, government County Attorney an agreement Y must be executed. g ment approved b 3. SLCTV ma Y the y charge competitive rates to rent the studio and equipment any non -County individual, government The County Administrator or agency, business or corporation qualified too designee shall ensure that the renter is to have to operate the studio and equipment or charge appropriate TV staff present. A facility use agreement must be executed. IV. NON-PROFIT GRANT PROGRAM A. SLCTV may offer an annual competitive grant program for Public Service Announcements production of a video government agencies. () (up to 60-seconds g Written notice of the grant program twill b-Profit and/or e provided and criteria for evaluation and selection of award -winners) shalt be d Criteria for selection may include but is not limited to: described. 1. Local non -profits or government agencies that have been in existence for at least one year; 2. Value of in -kind services to be provided by the agency; 3. Impact the Public Service Announcement will have on the community; and Service 4. Level of development of concept or idea for the Public S Announcement. B. The grant application(s) will be evaluated by a selection committee approved the County Administrator or designee. Decisions of the selection commttee may be appealed to the County Administrator. y C. Once the grant(s) have been awarded for that year, any Production work for non-profit or non -county government approved by the Board of County Commissioner- v. PUBLIC INFORMATION OFFICER free or discounted agencies must be 1. All press releases must be distributed by the Public Information Officer. County Board of County Commissioners and County departments, divisions and 2. The Public Information Officer shall only distribute press releases for the St. Lucie offices. An exception can be made in the event of a declared emergency or at the County Administrator's discretion. 3. County ribbon -cuttings, press conferences and special events must be coordinate with the Public Information Officer. d 4. Department directors/division managers or designees may respond to any media request for general information, but should also brief the Public Information Officer following the interview. Members of the the media seeking comments from the Count should be directed to the Public Information Officer, who will either respond or coordinate a response with the a y Administrator. appropriate department director/manager or County 3 5. Members of the media seeking official comments from the Board of County Commissioners will be directed to the Commission Chair, followed by the Vice Chair, unless the media requests to speak to a specific County Commissioner. 6. The official logo for St. Lucie County is maintained by the Public Information Officer. St. Lucie County departments, divisions and offices are not authorized to alter or use a different logo for county promotions without prior approval from the County Administrator or designee. Digital copies of the county logo can be obtained from the Office of Media Relations. VI. WEBSITE 1. All St. Lucie County departments, divisions and offices must utilize the County website and designate a staff person to be responsible for regularly updating the content on their department web pages and ensuring the accuracy of all posted information. 2. County departments, divisions and offices are encouraged to maximize the use of the department and/or County website to provide timely information to the general public. Public access to current County forms, procedures, event information, meetings, workshops and program information should be readily available to the greatest extent feasible. 3. Information posted on St. Lucie County's website must relate to programs and/or events managed or primarily sponsored by the Board of County Commissioners or Constitutional Officers. 4. County departments, divisions and offices are prohibited from utilizing social networking sites and/or interactive communications (blogs, chat rooms, etc.) such as, but not limited to, Facebook, MySpace and Twitter to promote County programs and services due to Florida public records and Sunshine Law requirements. 4 n RESOLUTION NO. 09-229 A RESOLUTION APPROVING THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS MEDIA RELATIONS POLICIES ATTACHED HERETO AND MADE A PART HEREOF AS "ATTACHMENT A" WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The SLCTV Operating and Guidelines Manual, which was approved by the Board of County Commissioners (BOCC) in August 2007, was revised in April 2008 to reflect additional changes approved by the BOCC, including the charging of non-profit and other government agencies for production services. 2. At the June 2009 Informal Meeting of the BOCC, there was discussion regarding the current Manual. 3. The Manual needs to be updated to reflect additional policy direction that was provided by the BOCC at the June 2009 Informal Meeting including new policies relating to the Public Information Officer and County website. 4. The latest revised Manual strengthens the policies of the County's Office of Media Relations to provide clear direction from the BOCC on the division's mission and goal to provide accurate, timely information regarding St. Lucie County government. 5. The proposed Media Relations Policy is provided in Attachment A. Under the proposed policy, Media Relations operating procedures will be established by the County Administrator. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida. 1. This Board does hereby approve the St. Lucie County Media Relations Policies attached hereto and made a part hereof as "Attachment A". 2. The St. Lucie County Media Relations Policies attached to this resolution shall become effective upon adoption. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice -Chairman Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 25th day of August, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ITEM NO. VI-D1 DATE: 08/25/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Leo J. Cordeiro SUBMITTED BY: Solid Waste Department Director CC SUBJECT: Board approval of Equipment Request EQ09-041 and Budget Amendment BA09- 034. Additionally, request Board authorization to purchase a Dingo Compact Utility Loader from Kelly Tractor for a total purchase price of $10,500. (State Contract #212-515-630-M) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Budget Amendment BA09-034 Moving funds from 401-3410-599300-300 Reserves to 401-3410-564000-300 Equipment & Machinery PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Equipment Request EQ09-41 and Budget Amendment BA09-034. Additionally, Board authorization to purchase a Dingo Compact Utility Loader from Kelly Tractor for a total purchase price of $10,500. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) ( ) DENIED Faye W. Outlaw, MPA County Administrator (Name) (Name) Coordination/Signatures OMB Director ( X ) Budget Analyst Purchasing (X ) rh� rk *Maneieo—u�in—(A Tawonna Johnson Desiree Cimino Solid Waste MEMORANDUM TO: Board of County Commissioners FROM: Leo J. Cordeiro, Director Solid Waste Department DATE: 08/25/09 SUBJECT: Board approval of Equipment Request EQ09-041 and Budget Amendment BA09- 034. Additionally, request Board authorization to purchase a Dingo Compact Utility Loader from Kelly Tractor for a total purchase price of $10,500. (State Contract #212-515-630-M) ITEM NO. VI-D1 Background: The Baling & Recycling Facility has a tunnel under each conveyor that runs from the tipping floor to the baling floor. Each tunnel is seventy five feet long with a ceiling clearance of seventy two inches. The tunnels must be cleaned at the end of each work day as they accumulate the garbage that falls through the conveyors. The method of cleaning has been done manually with four people using shovels and wheelbarrows. The process takes approximately one hour and may unnecessarily expose the workers to potential hazards. Annually this translates to 1,040 man hours at a cost of approximately $15,600. Solid Waste staff has located a piece of equipment that allows one person to complete the task in less than one half hour. The cost of the equipment is $10,500 and can be purchased off State Contract #212-515- 630-M. Amortizing the cost of the equipment, over a five year period and adding the operation and maintenance costs, makes the total annual operating cost $5,035. Attached are the Equipment Request EQ09-041 (Attachment A), Budget Amendment BA09-034 (Attachment B) and the quote from Kelly Tractor for the Dingo Compact Utility Loader (Attachment C). Recommendation: Board approval of Equipment Request EQ09-41 and Budget Amendment BA09-034 authorization to purchase a Dingo Compact UtilityL. Additionally, Board Loader from Kelly Tractor for a total purchase price of $10, 500. LJC:dls Attachments Attachment A ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 AGENDA DATE 8/25/09 DEPARTMENT. SOLID WASTE RECOMMENDED: YES NO REVISED DIVISION: SOLID WASTE APPROVED: YES NO REVISED s � r EQUIPMENT: DINGO COMPACT UTILITY LOADER ADDITIONAL COSTS BUDGET AMOUNT $10,500 X NEW I REPLACEMENT YES X NO . WEK UT JUSTIFICATION: Purchasing this unit will allow Solid Waste staff to reduce the task from 4 employees to I employee thus reducing the man hours required to complete the task by 75%. Additionally, this will allow the 3 employees to operate other pieces of equipment versus performing a physically demanding task in an environment that may expose the workers to potential hazards. 1 r I I i i� t I Attachment B --� TO: FROM: BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: 401-341 REASON FOR BUDGET AMENDMENT: CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: Solid Waste 8/4/2009 8/25/2009 n/a n/a n/a 09-034 10,500 10,500 Attachment C Contact Name: Robert Brown / Ron Roberts Compact Utility Equipment Company: St Lucie County Solid Waste 31-Jul-09 REF: Quoted as per State Contract: Lawn Equipment, ITB No. 212-515-630-M Wesco Turf Supply, Inc (21%State Contract Discount) NO. List Contract Total Model Description Units Price Price Sale Dingo® Compact Utility Loaders 22308 Dingo TX 413 (13hp Honda) 1 $14,585 $11 522 $11,522 22317 Dingo 220 (20hp gas Kohler wheeled unit) $14,827 $11 713 22318 Dingo 323 (23hp gas Kohler 4-PawTA° wheeled unit) $18,453 $14 578 22323 Dingo TX 525 $23,130 $18 273 22324 Dingo TX 525 Wide Track $24,165 $19 090 22321 Dingo TX 427 (27 hp Kohler) $20,2831 $16,024 22322 Dingo TX 427 Wide Track (27 hp Kohler) $21,318 $16 841 Buckets 22409`" Standard Bucket - 4.3 cu. Ft. $546 $431 22410 22422 Light Materials Bucket - 6.4 cu. Ft. Compact Bucket (TX-413) 2.8 cu. Ft. (34.5" width) 1 $628 $448 $496 $354 $354 22520 Narrow Bucket - 3.2 cu. Ft. (34.5" width) $486 $384 Material Handling Equipment 23164 jAdjustable Forks (Manually adjustable pallet forks) $770 $608 22423 Multi -purpose tool(3 tine ripper, tow bar and tree boom) 1 $634 $501 23135 Concrete Breaker (1801b class - conical bit) $6,9741 $5 509 22442 lCernent Bowl (Use with Auger Power Head to mix concrete) $814 $643 22438 Tree Fork (Hydraulically adjustable nursery forks) 1 $1,4131 $1,116 22475 TX Convertible stand -on Platform (for gas track models) $588 $465 22476 TX Platform Convertible stand -on (for diesel track models) $689 $544 22521 Grapple Rake (fork type) $2,8811 $2 276 Augers 22805 High Torque Auger Power Head (Up to 30" auger bits) $2,653 $2 096 22806 Universal Swivel Auger Power Head (Great for fencing) $2,786 $2,201 22804 JTX 413 Auger Power Head (Up to 24" Auger bits $1,641 $1 296 22810 6" Auger Bit $283 $224 22811 9" Auger Bit $382 $302 22812 12" Auger Bit $431 $340 22813 15" Auger Bit $530 $419 22814 18" Auger Bit $630 $497 22815 24" Auger Bit $672 $531 22816 30" Auger $868 $685 22818 12" Auger Extension $145 $115 22819 24" Auger Extension $203 $160 22454 9"Rock Auger $1,491 $1178 Trenchers &Underground Digging Equipment 22470 3' Trencher High Torque (Chain Sold Separately)(while they last) 1 $4,306 $37402 22471 3' Trencher High Speed (Chain Sold Separately)(while they last) 1 $4,3061 $3 402 22473 1 High Torque Trencher Attachment (NEW) (Requires boom & chain) 1 $3,677 $2.905 22474 1 High Speed Trencher Attachment (NEW) (Requires boom & chain) 1 1 $3,6771 $2 905 22975 24" Boom 1 $490 $387 22976 36"Boom $628 $496 22977 48" Boom $775 $612 22483 24" x 6" Soil Chain $490 $387 22490 36" x 6" Soil Chain $714 $564 22492 48" x 4" Soil Chain $449 $355 22465 2' Trencher w/ chain 1 1 $3,9851 $3,148 22472 ITrench Filler (dual auger hydraulic trench filler) $2,6841 $2,120 22464 ITrencher Crumber $384 $303 22489 36" x 6" Rock Chain $1,081 $854 22420 Bore Drive Head (horizontal boring unit) $2,309 $1 824 22421 Rod and Reamer Kit (5'rods up to 20ft) $1,069 $845 22911 " Vibratory Plow (High efficiency low impact installation) $5,871 $4,638 Page 1 of 2 ti i Compact Utility Contact Name: Robert Brown / Ron Roberts Equipment Company: St Lucie County Solid Waste 31-Jul-09 REF: Quoted as per state Contract: Lawn Equipment, ITB No. 212-515-630-M Wesco Turf Supply, Inc (21%State Contract Discount) No. List Contract Total Model Description Units Price Price Sale Earth Movin Digging Equipment 23163 Backhoe w/ 13" bucket $8,804 $6 955 23161 Dingo Wheeled Unit Fit -up Kit $382 23162 Dingo TX Unit Fit -up Kit $248 $302 22414 Utility Blade (Adjustable dozer style blade) $2,008 $196 22425 Power Box Rake (for light grading, sod prep, backfilling) $6,955 $1 586 23165 Leveler (Land Planer & backfill too]) $622 $5,494 22445 Tiller $491 23102 Soil Cultivator (One pass seed bed preparation) $3,939 $5,9891 $3,112 Snow / Debris $4 731 22456 •' Snow thrower (Throws snow 40') $4,0531 22429 Stump Grinder $3 202 $3,9391 $3 112 Tracks 22662 Rubber Over -the -Tire Tracks (mdl-22303,22305,22311 &22318) $3,1841 Trailers $2,515 22999 IDingo TX 413 Trailer (custom attachment mounts 5'6"x8'6"-30001bs) A-5 0051 22979 JTRX dedicated trailer Integrated tie downs, ramp, torsion axle $3 954 $1,850 Miscellaneous $1 462 20035 ISnow Cab (Contact: Original Tractor Cab at #765-663-2214) 30088 ISun Shade (Contact: Original Tractor Cab at #765-663-2214) Toro TRX Trenchers -'Ri ht on Track' 22970 115hp TRX (traction unit only) $10,4091 $g 2P3 22971 119hp TRX (traction unit only) $12,7981 $10,110 Sitework TRX Trencher Booms 22975 24" Boom $490 $387 22976 36" Boom $628 496 22977 48"Boo m $775 $612 22980 TRX Backfill Blade $375 $296 Sitework Trencher Chains (Dingo & TRX) 22480 24" x 4" Soil Chain $367 $290 22481 24" x 4" Combo Chain $631 $498 22482 24" x 4" Rock Chain $651 $514 22483 24" x 6" Soil Chain $490 $387 22484 24" x 6" Combo Chain $760 $600 22485 24" x 6" Rock Chain $815 $644 22486 36" x 4" Soil Chain $490 $387 22487 36" x 4" Combo Chain $869 $687 22488 36" x 4" Rock Chain $924 $730 22490 36" x 6" Soil Chain $714 $564 22491 36" x 6" Combo Chain $978 $773 22489 36" x 6" Rock Chain $1,081 $854 22492 48" x 4" Soil Chain $449 $355 22493 48" x 4" Combo Chain $699 $552 22494 48" x 6" Soil Chain $539 $426 22495 48" x 6" Combo Chain $789 623 22979 TRX dedicated trailer Integrated tie downs, ramp, torsion axle 1 $1,8501 $1,462 22477 Trencher Crumber $3851 $304 "Attachments that require added components available through parts system (See Below) For commercial customers with approved credit in business for two years - $5000 minimum Compact Utility Loader Total: $11,876 Price Quotes good for 30 days. Monthly payment based on 60 month lease with $1 payout. No penalty for early payment At participating dealers Sub Total $11,876 -$1,376 Additional Discount: Company: St Lucie County Solid Waste Total: $10,500 FOB St Lucie County Solid Waste Signature: Page 2 of 2 I* ITEM NO. VI-D2 DATE: 08/25/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Leo J. Cordeiro SUBMITTED BY: Solid Waste Department Director SUBJECT: Termination of October 25, 1994 Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority for leachate disposal at the Glades Road Landfill. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 25, 1994 — The Board approved an Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority for leachate disposal at the Glades Road Landfill. RECOMMENDATION: Board authorization to terminate the October 25, 1994 Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (y� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator CoordinationlSignatures County Attorney ( X) OMB Director ( ) Budget Analyst Daniel S. McIntyre Originating Dept. ( ) (Name) ERD ( ) (Name) (Name) (Name) Solid Waste MEMORANDUM TO: Board of County Commissioners FROM: Leo J. Cordeiro, Director Solid Waste Department DATE: 08/25/09 SUBJECT: Termination of October 25, 1994 Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority for leachate disposal at the Glades Road Landfill. ITEM NO. VI-D2 Background: On October 25, 1994, the County entered into an Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority (FPUA). A copy of the Interlocal Agreement is attached. Under the terms of the Agreement, the County has the right to dispose of leachate from the County's Glades Road Landfill into FPUA's wastewater treatment facility (WW TF). The County now has a disposal source in Lakeland (Aqua Clean Environmental Pretreatment Facility) and no longer needs to dispose of its leachate at FPUA WWTF. Paragraph 6C of the October 25, 1994 Agreement provides that either party may terminate the Agreement without cause with sixty (60) days prior written notice. FPUA has limited or stopped accepting our leachate discharge sporadically over the past two years due to operational upset at their wastewater treatment plant. As of July 10, 2009 FPUA has not accepted any leachate from St. Lucie County Solid Waste. Staff has determined that transporting the landfill leachate to Aqua Cleans' facility is the best environmental and most economical solution. This has been discussed with FPUA and they have also determined that dissolving the Industrial Wastewater Permit and Interlocal Agreement is the best course of action. Additionally, the termination of the Agreement may also satisfactorily mitigate and resolve the associated fees and penalties. Recommendation: Board authorization to terminate the October 25, 1994 Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority and authorization for the Chair to sign documents as approved by the County Attorney. LJC:dIs Attachments Attachment A INTERLOCAL AGREEMENT THIS is an AGREEMENT made and entered into this 26-A day of 1994, Sy and between ST. LUCIE COUNTY, a political subdivision of the S =ate of Florida ( the "County") , the FORT PIERCE UTILITY AUTHORITY, as Authority created and established by the City Commission of the CLty of Fort Pierce, Florida (the "FPUA"), and the CITY OF FORT PIERCE, a municipality organized under the laws of the State of Florida (the "City"). WHEREAS, the County owns and operates the St. Lucie County Glades Road Landfill (the "Landfill")?• and WHEREAS, the percolation of water through the solid waste at the Landfill generates a leachatee-product (the "Leachate") which must be treated pricr to disposal; and WHEREAS, the FPUA has the capability to properly treat the Leachate at the FPUA Wastewater Treatment Plant; and WHEREAS, the FPUA has agreed to provide treatment service to the County for the Leachate to be conveyed initially by truck (Phase I) and ultima=ely through a force main to be constructed by the County (Phase II); and WHEREAS, as a prerequisite for the County to use the City Wastewater Treatmen= Plant and for FPUA to provide treatment service to the County, the City requires the County to enter into a Voluntary Annexation Agreement, a copy of said Agreement being attached hereto and incorporated by reference herein. NOW, THEREFORE, FPUA, County and City hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, t.ie Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terns, conditions, or obligations other than those contained herein, and other than those contained in the Annexation Agreement attached hereto. This supersede Agreement shall all 9 previous telecommunications, representations, or agreements, either 0 verbal or written, between the parties hereto. Approvals required x by any other the parries shall not be unreasonably withheld. 0 0 2. LEACHATE TREATMMNT AND DISPOSAL. x The FPUA agrees that it shall accept Leachate conveyed from 0 the County for treatment and disposal under the terms and conditions provided herein, and shall not refuse to accept Leachate IrJ for treatment and disposal, except for non-payment of properly Q� rendered invoices or for failure to provide pretreatment should such pretreatment be determined to be necessary as provided for herein. c� 3. LEACHATE QUALITY; TESTING; PRE-TREATMENT. A. The County agrees to comply with the provisions of N Sections II-3C, II-4, II-5, and II-6 of FPUA Resolution No. U.A. µ 93-6 relating to industrial pretreatment requirements for wastewater and as such requirements may be amended from time to time to comply with federal, state and local regulations. A copy of Resolution No. U.A. 93-6 is attached hereto as Exhibit "A". B. The County agrees that it shall not concentrate nor dilute Leachate after it leaves the holding ponds prior to conveyance of the Leachate to the FPUA. C. The County agrees to provide for semi-annual sampling and analysis of the Leachate to be performed by an independent laboratory certified in the State of Florida. The County shall direct the laboratory to provide the FPUA with a copy of the results of the initial and all subsequent sampling and analysis events. During Phase I operations, one sampling point shall be established at each location from which Leachate is withdrawn for conveyance to FPUA. Upon commencement of Phase II operations the sampling point shall be the wetwell of the Leachate pump station. The first sampling an3 analysis shall be completed, and the report of same received accepted by the FPUA, prior to commencement of Phase I operations. Tie pollutants for which sampling and analysis shall be performed are set forth in Section II-4 of FPUA Resolution U.A. 93-6 and as may be amended from time to time. D. The FPUA shall have the right at all times, upon giving reasonable notice, to have* a different independent laboratory certified in the State of Florida perform sampling and analysis at the established sampling points at the sole cost of the FPUA. If the FPUA elects to gave such additional sampling and analysis performed, it shall direct the laboratory to provide the County with a copy of the results of the sampling and analysis. -2- E. The County and FPUA acknowledge that, based on the results. of analyses of Leachate previously conducted, no pretreatment is required at the present time. However, the County agrees that if the results of any sampling and analysis conducted by it, the FPUA or any other agency, state or federal, indicate that one or more pollutants exceed the allowable limits set forth in Article II of FPUA Resolution No. U.A. 93-6 or other federal, state or local regu_ations, the County will cause an additional sampling and analysis by the independent laboratory certified in the State of Florida to be performed within fifteen •(15) days of receipt of the initial report from that laboratory. The County shall be responsible for the cost of the additional sampling and analysis. F. If the results of the retesting performed by the County confirm the presence of one or more pollutants in excessive amounts as described above, or if any state or federal agency having jurisdiction over any aspect of the FPUA operation of the wastewater plant or any adjunct operation thereto, asserts a problem, serves a notice of violation, or such similar action, or enters an order relative to its operation and the County's use is asserted to be a causative factor, the County shall immediately take action on an emergency basis, employing the best available technology for pretreatment, to remedy the problem. An additional sampling and analysis shall be conducted within one week after the emergency pretreatment operations have commenced. The County shall be responsible for --he cost of such emergency pretreatment and additional sampling and analysis. G. If the emergency pretreatment operations are effective in achieving compliance with the provisions of Section II-4 of FPUA Resolution No. U.A. 93-6, and applicable State or Federal law, rule or regulation, the County shall have the option, at its sole discretion, to either continue with such emergency pretreatment operations, or to construct and operate permanent pretreatment facilities. H. If the results of the retesting performed after commencement of emergency pretreatment operations indicate that such operations are not effective in meeting the limitations of Section II-4 of Resolution No. U.A. 93-6 or other federal, state or local regulations, t:ien, upon the written request of the County, FPUA agrees to give the County a reasonable time but not less than two (2) years to bring the Leachate back into compliance (the "Extension Period"). If requested by FPUA in writing, the County agrees to discontinue the conveyance of Leachate to the FPUA force main during the Extension Period or until the Leachate is brought back into compliance. If the County does not request the Extension Period or if the County determines that it cannot bring the Leachate into compliance within the Extension Period, either the County or FPUA may terminate this Agreement. If either party so terminates this Agreement, FPUA agrees to refund to the County the -3- remaining value of the Conveyance System as of the effective date of termination bases on historical booked asset values (the "Refund"). Payment of the Refund to the County shall be made within six weeks of the effective date of termination of this Agreement. For the purposes of the Refund, the Conveyance System will be assumed to have a useful life of twenty (20) years. The remaining value to be refunded to the County will be an amount equal to the historical booked asset values divided by twenty (20) multiplied by the balance of the twenty (20) year life remaining at the termination date, expressed in years or fractions thereof; provided, however, that the parties agree that no refunds shall be made to the County after the facility has been in service for fifteen (15) years. 4. PHASE I. A. Delivery of Leachate. 1. The County agrees to deliver all Leachate in 6,000 gallon tanker trucks to the Discharge Point at the wetwell of FPUA Lift Station No. 59 located on Rock Road. The County agrees not to discharge Leachate into the FPUA system at any location other than the Discharge Point, unless permitted or directed to do so in writing by FPUA staff. FPUA agrees that it shall not permit any deliveries of wastes from any entities other than the County to be discharged into Lift Station No. 59. 2. The County agrees that it will limit all deliveries of Leachate to the period of 7 a.m. to 5 p.m., Monday through Saturday, and excluding holidays. The County shall limit its deliveries to a maximum of twenty (20) truck loads during any 7 a.m. to 5 p.m. delivery period. 3. FPUA shall allow the County to deliver Leachate by tanker truck until the Phase II improvements have been constructed, are placed into service, and actually conveying Leachate. B. Payment. The County will pay to the FPUA an amount not to exceed $25.20 per tanker truck load equivalent to $4.20 per thousand gallons of Leachate. All tanker trucks shall be presumed to deliver full loads of 6,000 gallons. The rate of $4.20 per thousand gallons shall be construed as including all .Sewer surcharge fees for: cZemical oxygen demand ("C.O.D."); biochemical oxygen demand ("B.O.D."); suspended solids ("SS"); and total fats, oil, and grease ("TFOG"). 5. PHASE II. The long-term method of conveying Leachate contemplated by this Agreement is through the construction of a "Conveyance System") to include a pump station at the Glades Road Landfill, construction of a 6" diameter force main along the route described -4- 0 00 0 0 x in paragraph 5.A.2. below, and discharge into the FPUA-force main adjacent to the Palm Lake Gardens lift station. The County shall be responsible for all costs associated with the design and construction of the Conveyance System. A. Conveyance Svstem. 1. Upon execution of this Agreement by all parties, the County shall commence the design phase for the Conveyance System. The County shall be responsible for all permits and easements needed for the Conveyance System. FPUA shall permit the County to utilize FPUA easements when available. Upon approval of the design by the FPUA, and the obtaining of all necessary easements and permits, the County shall, pursuant to County Purchasing Policy, immediately commence the bidding and construction phase of the project and shall use its best efforts to complete the project within eighteen (18) months of execution of this agreement. 2. The pump station force main and related appurtenances which comprise the Conveyance System to be constructed by the County shall be generally as follows: pump station at the Glades .Road Landfill shall be of sufficient capacity to deliver Leachate to the Palm Lakes Garden lift station; the force main receivinc flow from the pump station shall run northeastward along Glades Road under the Florida Turnpike, cross the Florida East Coast Railroad east of the Florida Turnpike, run generally parallel to the Florida Turnpike southeastward in or near the Chiquita property to Midway Road, run parallel to Midway Road eastward along Midway Road to Hawley Road, and run parallel to Hawley Road northward along the west side of Hawley Road to the FPUA's Palm Lake Gardens lift station. Any modifications to the route must be agreed to by the parties in writing. 3. During the design phase of the Conveyance System, County staff and/or i.s designee, shall meet as needed with FPUA staff and/or its designee to coordinate and facilitate the design process. The County shall furnish all necessary easements, road right-of-way use permits, and a complete set of design documents, plans and specificaticns, for review and approval by the FPUA. The accepted design documents shall serve as a basis for construction. The County shall select a contractor(s) to construct the Conveyance System based on the standard County purchasing policies and provide a proposed contract with that contractor(s) to FPUA for review and approval. FPUA shall have the right to review and evaluate the contract documents and acquisition and installation of materials. If FPUA determines there are deficiencies in the contract documents, t.`�e County shall take appropriate action to correct the deficiencies. Said review and evaluation of bids or contract documents by the FPUA shall not relieve the County of any responsibilities and liabilities for defects in said contracts. -5- N N N 4. The County shall furnish inspection of construction, shop drawing approvals, change order approvals, project certification, and record drawings. Upon completion and approval of the project by t-le FPUA, the County shall convey title of the Conveyance System to the FPUA from the Point of Connection downstream to the termination point of the project at the Palm Lake Gardens lift station. Both parties agree that the "Point of Connection" shall be the upstream connection fitting of the force main to the meter in the meter pit to be situated at the point at which the force main first crosses the property line of the Glades Road Landfill. Upon acceptance of the project, the FPUA shall own, operate and maintain such facilities from the Point of Connection downstream. 5. The County shall incorporate into the design and construction of the meter pit at the Point of Connection, a meter suitable for measuring the flow of Leachate. The meter. shall be capable of recordinc and displaying totalized flows. Both County and FPUA staff shaA have access to the locked meter pit. FPUA meter reading personnel shall read the flow meter each month and record the totalized flow. The FPUA shall use such totalized flows as the basis for rendering monthly bills to the County. The FPUA shall have the flow meter inspected and calibrated at least bi- annually (once every two years) by the manufacturer or a person qualified to perforn such inspections. The FPUA shall bear the total cost of such bi-annual inspection and calibration. The FPUA shall furnish a copy of the report of such bi-annual inspection and calibration to the County. The County shall have the right at any time, upon giving Df reasonable notice to the FPUA, to have additional inspections and calibrations performed of the flow meter if the County believes the meter is not operating within its design accuracy range. If .he meter is found to be operating outside its design accuracy range, the FPUA shall bear the total cost of such meter inspection and calibration; if the meter is found to be operating within its design accuracy range, the County shall bear the cost of such meter inspection and calibration. 6. The County agrees to assign, to the FPUA, contractor warranties for the completed work pursuant to this agreement. The warranty shall begin on the date of final acceptance by the FPUA. The terms of the warranty shall be that the Contractor shall reimburse the FPUA for any work required to be done on the project resulting from defic_encies in or failure of the design, materials or installation done pursuant thereto. 7. The County agrees to pay all fees and costs associated with the Conveyance System up to the time of acceptance by the FPUA including, but not limited to, consultants, testing, permitting, utility connections, surveying, legal, construction management, certification, bonds, warranties, and record drawings. The County shall bear the cost of construction of a 6-inch diameter 0 z 0 0 x 0 0 W (11 c� N N N force main, and the FPUA shall be responsible for any additional cost of sizing the .force main larger than 6-inch diameter. B. The County agrees to convey title to the FPUA for the facilities it constructs, downstream from the Point of Connection, under the terms of this agreement, as a contribution - in -aid -of -construction. The FPUA agrees to accept the Conveyance System in lieu of amy impact fee, connection charge, or any other capital charge. The FPUA agrees that it will enter into a reimbursement agreement with the County for a fair share pro-rata reimbursement within one year of completion of the project. FPUA agrees not to allow anyone to connect to the line until it has entered into a reimbursement agreement with the County. The purpose of such a reimbursement agreement is to allow the County to be reimbursed for a portion of construction costs when other customers connect to the line. The County will not reasonably withhold approval of such an agreement. Nothing in this Agreement shall be construed to prevent the County from imposing special assessments against properties that may specially benefit from the construction of the facilities if the FPUA and the County do not enter into such an agreement within the specified time. In the event the County im?oses a special assessment district, the FPUA agrees that it will not allow connections by persons within the district who had not paid the assessment to the County or made other arrangements satisfactory to the County for a period of 15 years from the placement of the line. into use. Any payments made to the County shall be credited against amounts, if any, due from the FPUA to the .County in the event of termination of this agreement. 9. The County agrees that if sections of the force main are south of the centerline of Midway Road, FPUA may connect wastewater customers from the north side of Midway Road to that force main. The County pumping systems will have sufficient it capacity so that re -pumping of Leachate will not be required at the Sheriff Office' s lif . station or at Palm Lake Gardens lift station. B. Treatment Capacity. 1. The County currently contemplates that it will require an ultimate rapacity of 100,000 gallons per day, computed as the average daily flow during any consecutive 30-day period. However, if the County determines at some future time that it requires additional capacity beyond the 100,000 gallons per day, the County shall regiest in writing from the FPUA such additional capacity. The County shall not exceed the 100,000 gallons per day limit unless and until it receives written approval from the FPUA to do so. 2. The County agrees to mitigate its impact on the capacity of the FPUA's conveyance and treatment facilities by pumping all Leachate volume at a relatively constant rate over 24 0 x m 0 0 x 0 W 0► b c� hours each day. If and when pumping leachate during system peak 0 hours places burden upon the Conveyance System, the County agrees to coordinate with t'ie FPUA to modify its time of pumping and flow rates to reduce such burden. o x C. Pavment. 1. The County shall be classified as an Industrial User, but not a Significant User, as such terms are defined in FPUA Resolution No. U.A. 93-6. The County shall obtain an Industrial Wastewater Discharge Permit, and pay all required fees for such permit. Upon commencement of operations of the Conveyance System, the FPUA shall commence billing the County monthly as an Outside City - General Service Customer in accordance with the prevailing wastewater user charge system. In addition to the wastewater user charges, the County agrees to pay any Sewer surcharge fees for those pollutants determined from the semi-annual sampling events to exceed the standard strength concentrations set forth in Section III-4A of FPUA Resolution No. U.A. 93-6. 2. The County agrees to pay to the FPUA, at the time of commencement of operations, the prevailing Sewer Initiation Charge and Sewer Deposit for the size of meter installed in the meter pit at the Point of Connection. Such charges shall be based on the Outside City - General customer classification. The County agrees to install a properly sized meter in the meter pit at the Point of Connection, and convey said meter to the FPUA as a contribution- in - aid -of -construction. In recognition of the County bearing the cost of the meter installation, the FPUA agrees to accept such installation in lieu of any Meter and Service Charge for the County. 3. The Ccunty agrees to be billed monthly at the FPUA' s prevailing wastewate= user charge schedule based on the Outside City - General Customer rate for the size of meter actually installed in the meter pit at the Point of Connection, and the totalized flows read by FPUA meter reading personnel. 4. If FPCA can demonstrate a higher cost of operation as a direct result of the County exceeding the limits specified in Section II-4 of U.A. Resolution No. 93-6, including, but not limited to, the cost of solids residuals disposal, the County shall bear the total additional cost thus demonstrated. 6. TERMINATION. A. Any of the parties to this Agreement may terminate for cause or for a breach or violation of any terms or conditions of this Agreement. In the event of litigation arising out of the terms of this Agreement, the prevailing party shall be entitled to reasonable fees and costs. It B. If the County fails to pay its monthly payments within o sixty (60) days of the date on which such payment is due, FPUA shall be entitled to terminate this Agreement upon not less than fifteen (15) days prior written notice to the County, provided, however, that the County shall be entitled to cure the default in x payment prior to the expiration of this notice period. C. The County shall have the right to terminate this 0 Agreement without cause on sixty (60) days prior written notice; provided, however, in the event the County determines to terminate W the Agreement pursuant to this subsection, the County shall not be Q1 entitled to any reinbursement from FPUA for the cost of the line extension. 'a c� 7. CONDITIONS OF ANNEXATION. N The County agrees to sign the City's standard annexation N agreement on condition that the City will not exercise any rights N to annex the County's landfill property sooner than fifteen (15) N years from the date the County signs the annexation agreement. If the City annexes the St. Lucie County Glades Road Landfill (the "Landfill") into the jurisdiction of the City, the City agrees that it shall not enact or enforce any regulation (hereinafter referred to as the "Conditions of Annexation") which would in any way affect the operation of the Landfill without the express written consent of t:ie County or unless the City'is specifically required to do so by clear mandate of a State or Federal statute, rule or regulation. Regulation of the Landfill by the City includes, but is not limited to, regulations related to zoning, land use designation,' site plan or any other development regulations. The parties stipulate and agree that this agreement on behalf of the City with respect to the Conditions of Annexation is a material consideration for the County to enter into this Agreement and except for the City's agreement to the Conditions of Annexation, the County would not have entered into this Agreement. The Landfill is the existing county landfill being operated by St. Lucie County, Florida. The County wishes to deliver leachate from said Landfill fcr the purpose of treatment and disposal to the FPUA Wastewater Treatment Plant. As an express consideration and condition of this Agreement, the City agrees that if the annexation of the County Landfill ever occurs, the City wi-1 never try to regulate, restrict, manage, control or limit the operation of said County Landfill. The City will not restrict the opening of new cells, will not restrict the expansion of said Landfill and will not restrict the further development of said Landfill. QM The County shall have the right to seek injunctive relief or to seek damages if the City should violate any of the terms or conditions of this Interlocal Agreement as to any attempt to regulate or restrict the development of said Landfill. Both the City and the County agree that under Florida Statute 403.706, the governing body of the County has been given the responsibility and the power for the operation of the Glades Road Landfill, and the City would have no authority or power to interfere with the County in operating said Landfill. The only other governmental bodies with any authority to regulate landfills are the Department of Environmental Protection and the Federal Government. 8. NOTICE 0 x w 0 0 x 0 0 W 01 �v 0 01 All notices or other communications hereunder shall be in N writing and shall be deemed duly given if delivered in person or N sent by certified mail return receipt requested and addressed as �} follows: N If to County: With a copy to: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue, Annex 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 Public Works Director 2300 Virginia Avenue, Annex = Fort Pierce, Florida 34982 If to FPUA: With a copy to: Director of Utilities FPUA Attorney Fort Pierce Utilities Authority Fort Pierce Utilities Authority 206 South Sixth Street 206 South Sixth Street _ P.O. Box 3191 P.O. Box 3191 Fort Pierce, Florida 34948 Fort Pierce, Florida 34948 If to the City: With a copy to: City Manager Fort Pierce City Attorney City of Fort Pierce 100 North U.S. One 100 North U.S. One P. 0. Box 1480 Fort Pierce, Florida 34950 Fort Pierce, Florida 34954 9• AUDIT; NO TERRITORIAL AGREEMENT. The parties ag_ee that the other party or any of its duly authorized representatives shall, until the expiration of three (3) -10- years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of that party involving transactions related to this Agreement. This Agreement shall not be construed to o constitute a territorial agreement, nor to prohibit the FPUA from w extending service to any area to which it may lawfully do so. o 10. PUBLIC RECORDS x The parties agree to allow public access to all documents, Papers, letters, or other material subject to the provisions of Chapter 119, Florida W Statutes, and made or received by them in conjunction with this Agreement. 01 11. ASSIGNMENT b Neither party shall assign this Agreement to any other persons or firm without first obtaining the other parties' approval. 12. FILING N This Agreement and any subsequent amendments thereto shall be filed N with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. ATTEST: D�Ctax rCp f' 'rJC33 ATTEST:. SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA`-'- BY: CHAIPa�AN 7L�5hYl% FORT PIERCE UTILITIES AUTHORITY BY: �Q /CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: 15=41 o) , rn FPUA Attoey CITY OF FORT PIERCE BY: Mayor APPROVED AS TO FORM AND CORRECTNESS: City Lorney -12- A j� Attachment B Christopher Steers From: Leo Cordeiro Sent: Thursday, August 13, 2009 9:06 AM To: Christopher Steers; Daniel McIntyre Cc: Ron Roberts; Justin Gattuso; Grotke, Eric Subject: FW: Landfill Permit Termination Attachments: image002.jpg; Mark Mathis.vcf; LP4.jpg; LP3.jpg; image003.png I will keep you informed Thanks Leo From: Mark Mathis [mailto:mmathis@fpua.com] Sent: Thursday, August 13, 2009 8:34 AM To: Leo Cordeiro Cc: Eileen Snoberger; Dave Mellert; Larry Benning; Valerie Schulte; Bill Thiess Subject: Landfill Permit Termination Leo, My superiors have authorized the following conditions and considerations: FPUA will consider waiving the fees and penalties stated in the enforcement action letter dated, August 6, 2009; 1. If FPUA receives a letter from SLC rior to the scheduled show cause hearing stating that SLC is permanently ceasing discharge of Leachate to FPUA 2. If FPUA receives written request from SLC rior to the scheduled show cause hearing to terminate the Landfill industrial Wastewater Discharge Permit 3. If SLC demonstrates that the Leachate delivery system has been permanently disconnected from the FPUA WW System in a manner that allows for periodic visual verification, e.g., submit color photographs 4. If FPUA receives written authorization from SLC prior to the scheduled show cause hearing allowing FPUA to inspect the point of disconnect initially and randomly thereafter (during normal business hours) 5. If SLC adheres to the terms of termination listed in the interlocal agreement between FPUA and SLC and any subsequent amendments to that agreement Any other fees, excess strength surcharges or penalties for previous violations not noticed to SLC and that went uncollected on August 6, 2009, are not part of these conditions and remain in full effect. FPUA has no choice and cannot forego the newspaper publication requirements of 62-625 F.A.C., for significant violations. FPUA will discharge its responsibility to publish all such significant violations identified in the F,A,C August 6, 2009, Notice of 5ilgrimicant N oncompliance letter as required under Rule 62-625 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error. . please notify the sender by reply e-mail and delete all materials from all computers. AGENDA REQUEST ITEM NO. VI -El DATE: 08/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY� Stefanie Myers m SUBMITTED BY: Community Services/Social Services Assistant Director SUBJECT: Budget Resolution and Equipment Request for the INTACT contract BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001424-6420-361100-600 Department of Financial Services My Safe Florida Home 001436-6420-361100-600 INTACT Inspired Network to Achieve Community Together PREVIOUS ACTION: October 23, 2008 —Approval of contract renewal with INTACT RECOMMENDATION: Board approval of Budget Resolution 09-238, Equipment Request EQ09-040 and authorization for the Chair to sign the documents as approved by the County Attorney. COMMISSION ACTION: ( yQ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director 1W bij Dr3,4 Budget Analyst DanieY S. McIntyre Originating Dept. ( ) �W Beth Ryder Marie Gouin Sophia Holt J Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Stefanie Myers, Assistant Directors DATE: 08/25/09 SUBJECT: Budget Resolution and Equipment Request for the INTACT contract ITEM NO. VI -El Background: INTACT, the long term disaster recovery organization for St. Lucie County, contracted with St. Lucie County Community Services to provide program and case management services. The contract funds were placed in an interest bearing account based on the originating funding award between INTACT and the Volunteer Florida Foundation (VFF). While the contract between the County and INTACT does not place parameters around the use of interest funds, the VFF Agreement indicates that the interest must be used toward achievement of project goals for approved expenditures only. Equipment purchases in support of program applicants are an approved expense. As demand for assistance has increased, an additional public access computer is needed. This new equipment will improve staff efficiency by allowing clients to independently: • complete job searches; • search for prescription assistance; • apply for benefits (e.g. food stamps, social security); • submit financial aid application; and • access money management educational tools Recommendation Board approval of Budget Resolution 09-238, Equipment Request EQ09-040 and authorization for the Chair to sign the documents as approved by the County Attorney. Attachment: Budget Resolution 09-238 Equipment Request EQ09-040 Equipment Quote 117947 RESOLUTION NO. 09-238 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 Interest allocation in the amount of $1,487. 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 25th day of August, 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 001424-6420-361100-600 Interest on Investments $1,107 001436-6420-361100-600 Interest on Investments 380 Total $1,487 APPROPRIATIONS 001424-6420-564000-600 Machinery and Equipment $1,107 001436-6420-564000-600 Machinery and Equipment 380 Total $1,487 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 25T" DAY OF AUGUST, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2008-2009 AGENDA DATE: AUGUST 25, 2009 DEPARTMENT: COMMUNITY SERVICES RECOMMENDED: X YES NO REVISED DIVISION: SOCIAL SERVICES APPROVED: YES NO REVISED EQUIPMENT: DESKTOP COMPUTER 11ADDITIONAL COSTSy BUDGET AMOUNT: $1,200 X NEW I REPLACEMENT I YES I NO Community Services is in need of a new computer in order to provide clients access to online services, including applications for benefits, employment search, financial education training, and more. This will allow us to more effectively meet the program requirements in helping our residents toward self-sufficiency. IIEQUIPMENT REQ#: EQ09-040 IACCOUNT#: 001424-6420-564000-100, & 001436-6420-564000-100j i BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY Inlbrn��Non Tichnolopy 2300 VIRGINIA AVENUE IT Quote FORT PIERCE, FL. 34982 Phone: (772) 462-1681 Fax: (772) 462-1443 — dbV AUG 0 3 2009 NAME/DEPARTMENT VENDOR INFORMATION Stefanie Marks Myers Dell Computer Corporation Community Services Shannon Graham 772-462-1176 One Dellway RR2E, Box 4 Round Rock, TX 78682 Phone: 800-981-3355 Fax: 800-433-9527 Product Description Part No. Quantity Price Extended Dell OptiPlex 760 Standard with Software 1 1,166.00 1,166.00 Dell 22" Flat Panel Widescreen E228FP 1 0.00 0.00 T Software package includes Office 2007 Pro and Adobe 9 std. "' Sub Total $1,166.00 Shipping Price $0.00 Price Adiustment 10.00 goods and/or services as quoted hereon have been requested in the quanity Total $1,166.00 quality stated. Quotes are valid for 30 days unless othewise stated. QUOTE VALID I 08/31/2009 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved: ❑ Denied: ❑ Authorized Signature Date ITEM NO. VI-E2 COUNTY F L O R I D A AGENDA REQUEST DATE: 08/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B . Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Ma ge SUBJECT: HUD Housing Counseling Provider Application and Housing Counseling Plan BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution No. 09-239 authorizing the Community Services Department to administer housing counseling activities, approval of the Housing Counseling Plan, 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/Sianatures County Attorney ( ) OMB Director `) as n Budget Analyst ' 't Dani I S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) Beth Ryder COUNTY F L O R 1 D A TO: Board of County Commissioners f THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manager DATE: 08/25/09 Community Services MEMORANDUM SUBJECT: HUD Housing Counseling Provider Application and Housing Counseling Plan ITEM NO. VI-E2 Background: For 14 years, St. Lucie County Community Services has administered State and Federal funding for housing related activities. It is a requirement of all down payment assistance applicants to attend a homebuyer education course prior to receiving assistance. Historically, St. Lucie County has contracted with a HUD Certified agency to provide these services. On August 1, 2009, the County contracted with Consumer Credit Management Services in the amount of $10,000 to provide housing counseling services. By becoming HUD certified, the County saves the money previously spent contracting with a provider and is then eligible for additional grants to support counseling activities and staff. In order to effectively serve the residents of the County, Community Services is applying to become a HUD certified counseling agency in the following areas: • Homebuyer Education; • Pre -purchase Counseling; • Post -purchase Counseling; • Money/debt Management; • Fair housing Assistance; • Mortgage Delinquency; and • Renter Assistance/Section 8 and public housing. St. Lucie County's Housing Counseling Plan outlines the activities listed above, and the process for delivering these services. Upon approval of the application and the Housing Counseling Plan by HUD, staff will offer group Homebuyer Education courses and one-on-one counseling sessions. Recommendation Board approval of Resolution No. 09-239 authorizing the Community Services Department to administer housing counseling activities, approval of the Housing Counseling Plan, and authorization for the Chair to sign documents as approved by the County Attorney. Attachments: Resolution No. 09-239 St. Lucie County Housing Counseling Plan Application for Approval as a Housing Counseling Agency RESOLUTION NO. 09-239 A RESOLUTION AUTHORIZING THE COMMUNITY SERVICES DEPARTMENT TO ADMINISTER HOUSING COUNSELING ACTIVITIES AS OUTLINED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. The residents of St. Lucie County would benefit from a local housing counseling program to provide guidance on housing related issues. 2. The Community Services Department has the responsibility of performing housing related activities using available grant funding. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: 1. The Board hereby authorizes the Community Services Department to provide housing counseling to County residents under the guidance of the U.S. Department of Housing and Urban Development. 2. This resolution shall become effective on adoption. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman Charles Grande XXX Commissioner Chris Dzadovsky XXX Commissioner Doug Coward XXX Commissioner Christ Craft XXX PASSED AND DULY ADOPTED THIS 25TH DAY OF AUGUST, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Application for Approval as a U.S. Department of Housing and Urban Development Housing Counseling Agency Office of Housing Housing Counseling Program Federal Housing Commissioner See last page, Page 5, for Public Burden Statements OMB Approval No. 2502-0261 (Exp. 2/28/2009) This form is to be used by all organizations requesting HUD approval as a housing counseling agency. Send Section A of the application with original signature and all supporting documentation and narrative statements, as requested in Section B, to the appropriate HUD office listed in Appendix 2b. SECTION A - Complete and return this Official Name of the Organization Address of the Main Office (list branch offices on a separate sheet of paper). St. Lucie County Board of County Commissioners/Community Services Dept. 437 N. 7th Street, Ft. Pierce, FL. 34950 Acronym; aka, or dba, if applicable. Executive Director's Name: SLC BOCC Paula A. Lewis, Chairperson Counseling Program Administrator's Name & Title Name, Title, Date & Signature of Authorized Person: Jessica Parrish, Housing Manager Paula A. Lewis, Chairperson Sign: Date: Agency Telephone Number (772) 462-2375 TyW of organization. Please check one box. National Organization (Has branches or affiliates in 9 or more states and covers more than one regional area, but need not function in all 50 states) Regional Organization (Serves a regional area such as the Southwest or the Northeast and offers services in eight or fewer contiguous states) 0 Local Organization (Has one location or a main office with one or more branch offices within the same state or no more than two adjacent states) Type(s) of Housing Counseling Services to be provided. Check all services the agency plans to offer if HUD approval is granted. See Handbook 7610.1, Chapter 3 for complete definitions. FA Homebuyer education (must also offer prepurchase counseling for HUD approval) Prepurchase counseling Mortgage Delinquency Loss Mitigation Post -purchase (including home improvement and rehabilitation) Home Equity Conversion Mortgage (HECM) Mobility and relocation assistance Renter Assistance/Section 8 and public housing Money/Debt Management Fair Housing Assistance Homeless Other (please list) Replaces HUD-9900-A, 9900-B, & 9900-C Page 1 of 5 form HUD-9900 (0312002) which are obsolete. ref Handbook 7610.1 Application for Approval as a HUD Counseling Aeency 1. Non-profit Status: N/A 2. Local Government: Submit a copy of the document that authorizes you to provide housing counseling if you are a unit of local, county, or State government. Please see attached the Board Resolution authorizing the Community Services Department to provide housing counseling. 3. Community Base: A. Submit a narrative statement describing the agency's experience and record of achievement in providing housing counseling, services to the communities in which you plan to provide operate in. This statement should include specific activities relating to the services described in your housing counseling plan. The St. Lucie County Community Services Department has administered state and federal funding for housing related activities such as rehabilitation, purchase assistance, relocation, mortgage delinquency, and mitigation assistance for the past 14 years. The application process allows the housing case managers the opportunity to provide one-on-one counseling to each client to identify and provide assistance or referrals for other needs. The Community Services Department is contracted with a HUD certified counselor to provide first time homebuyer workshops. A housing case manager is present and participates in each workshop. In order to provide counseling that better fits the community needs, St. Lucie County proposes to become a HUD Certified Counselor, and in time, take over the entire counseling function. The Community Services Department also provides the following services and programs: • The Community Services Block Grant (CSBG) program goal is to aid in the reduction of the causes of poverty in communities by assisting low income clients to secure employment, attaining education, make better use of income, obtain adequate housing and emergency assistance, achieving self-sufficiency and greater community involvement. • Indigent cremations and burials • Administration of a program which oversees the state mandated share of county Medicaid Hospital and Nursing Home funding • Administration of funds for the Health Care Responsibility Act (HCRA) • Administration of funds for the Care to Share program through Florida Power and Light • Access to a computer for residents to complete applications to the Department of Children and Families (Food Stamps, Medicaid, Nursing Home Assistance) on-line • Veterans Services • Community Transit B. For intermediaries provide a written description of the responsibilities of both the main office or parent organization and the branches or affiliates. Include the following information in your description: N/A 4. Counseling Resources: Describe your agencies and branches or affiliates' resources for areas listed below. These counseling resources can include funding possessed by the applicant, regardless of their sources, that the applicant can use to deliver housing counseling. Funds the applicant has on hand or has a written commitment to receive from any sources fall into this category. Submit a detailed narrative statement of these resources that are "on hand" as of the date of your application. Do not include projections of what you hope to receive or plan to seek. Describe the following resources in detailed: St. Lucie County Housing has completed within the last five years or in the process of administering the following programs: PROGRAM/SERVICE TOTAL FUNDING SH I P FY 07/08 Housing Rehabilitation/Down Payment Assistance/Disaster Mitigation $605,304 SHIP FY 07/08 Administration $67,255 SHIP FY 08/09 Housing Rehabilitation/Down Payment Assistance/Disaster Mitigation $597,970 SHIP FY 08/09 Administration $66,441 SHIP FY 09/10 Down Payment Assistance - Florida Homebuyer Opportunity Program $95,634 SHIP FY 09/10 Administration $10,625 FFY 2008 Small Cities Community Development Block Grant (CDBG) Housing Rehabilitation $637,500 FFY 2008 Small Cities CDBG Administration $112,500 CDBG DRI 2005 Lead entity in a partnership with the Cities of Port St Lucie and Fort Pierce; Housing Rehabilitation/Down Payment Assistance/Flood and Drainage $452,361 CDBG DRI 2005 Administration $39,973 CDBG DRI Supplemental Lead entity in a partnership with the Cities of Port St Lucie and Fort Pierce; Housing Rehabilitation/Housing Replacement/Flood and Drainage/Water and Sewer Improvements $4,366,515 CDBG DRI Supplemental Administration $135,047 FFY 2007 HOME Investment Partnership Program Lead entity in a partnership with the Indian River and Martin Counties; Housing Rehabilitation/Down Payment Assistance $604,416 FFY 2007 HOME Investment Partnership Program Administration $67,157 FFY 2008 HOME Investment Partnership Program Lead entity in a partnership with the Indian River and Martin Counties; Housing Rehabilitation/Down Payment Assistance $580,053 FFY 2008 HOME Investment Partnership Program Administration $64,450 Hurricane Housing Recovery Program (HHR) Repair and Replacement of Site Built Housing/Down Payment $6,202,159 Assistance/Re-entry and Foreclosure Prevention Assistance/Hazard Mitigation/Land Acquisition/Repair and Replacement of Post 1994 Manufactured Homes/Acquisition of Building Materials/Construction and Development Financing/Acquisition of Building Materials HHR Administration $1,094,499 Neighborhood Stabilization Program (NSP) Acquisition/Rehabilitation/Disposition of Foreclosed Properties/Down Payment Assistance $3,713,648 NSP Administration $270.953 A. Staff: Submit a resume/dossier for each staff person that will be involved in delivering any or all parts of housing counseling activities, including supervisory and clerical support staff. 2) State position title, duties, and whether the position is a full-time or part-time, is paid or volunteer capacity. 3) Indicate the extent of each counselor's knowledge of HUD housing programs, and other programs available in the target community. Cite training received, and/or any certificates received relating to the above programs. 4) Language skills of the counselors if your agency is intending to serve non-English speaking clients. 5) Identify any other jobs or activities the counselor performs that could result in a conflict of interest as identified in Chapter 5 of HUD Handbook 7610.1. The Housing Division provides housing assistance to an estimated 200 clients per year, and each client receives a level of counseling, either one-on-one and in a group setting. Each Housing program specialist has facilitated housing counseling for each proposed strategy. Jessica Parrish, Housing Manager (Full time paid position) Jessica Parrish earned a BA Degree in Marketing from the University of Florida and an MBA degree from Nova Southeastern University. She has five years of government housing experience. In her capacity as the Housing Manager, Jessica Parrish has successfully directed the administration of the St. Lucie County HOME Consortium, the State Housing Initiative Program (SHIP), the Hurricane Housing Recovery Program (HHR), three Community Development Block Grant Disaster grants, the My Safe Florida Home (MSFH) grant program, the CDBG Small Cities grant program and the HOME Again grant. Prior to this position, Ms. Parrish was the Housing Project Coordinator for 4 1/2 years. Special training includes HOME certification, SHIP income qualifications, a detailed understanding of State and Federal housing regulations, and a complete knowledge of the assistance and counseling process. In order to avoid a conflict of interest, Mrs. Parrish will not supervise the counseling duties of the Housing Division. Dina Prestridge, Housing Project Coordinator (Full time paid position) Dina Prestridge earned an AS Degree from Indian River State College. She has five years of government financial experience including two years in the Housing Division. As Housing Project Coordinator, Mrs. Prestridge manages the grant finance and reporting requirements and coordinates the daily functions for Housing Staff. She has been essential in the administration of all Housing grants for the past two years. She is skilled in application intake, income qualification, client counseling, financial monitoring, government procurement and contracting, reporting, and all facets of grant administration. Courtney Merricks, Housing Program Specialist (Full time paid position) Courtney Merricks earned a BS Degree at Southern University in A&M College in Therapeutic Recreation and Leisure Studies and a MBA at LeTourneau University. He has been an essential member of the Housing Division for nine months. He joined the team with four years of case management experience and three years of education experience. As Housing Program Specialist, Mr. Merricks administered the My Safe Florida Home grant program and he is the lead for the St. Lucie County HOME Consortium partnership, which includes down payment assistance and rehabilitation. He is skilled in the application and income certification process, the government procurement process, client counseling, rehabilitation, purchase assistance and mitigation strategies. Jennifer Cruz, Housing Program Specialist (Full time paid position) Jennifer Cruz earned an AA Degree from Indian River State College. She has five years of government experience including two years in the Housing Division. As Housing Program Specialist, Mrs. Cruz has assisted in the administration of all housing grant programs for the past two years. She is the lead staff member for the CDBG Small Cities grant, which provides rehabilitation funding. She is CDBG certified to perform environmental reviews and trained to perform inspections. She is fluent in Spanish and skilled in American Sign Language. She is skilled in income qualification and client intake, counseling, rehabilitation, purchase assistance, mortgage assistance, and mitigation strategies. Jennifer Hance, Housing Program Specialist (Full time paid position) Jennifer Hance has been an essential member of the Housing Division for two years. As a Housing Program Specialist, Mrs. Hance has assisted in the administration of all housing grants. She is the lead staff member for the HHR, SHIP, and FHOP grant programs, which include down payment assistance, rental assistance, purchase assistance, mortgage assistance, and developer financing. She has skilled in these strategies as well as with client intake, counseling, income qualification, the mitigation strategy and she is trained to inspect potential rehabilitation sites. Connie Proulx, Executive Assistant (Full time paid position) Connie Proulx has four years of government experience including two years in the Community Services Department. As a Housing Program Specialist, Ms. Proulx is the lead staff member for the CDBG Supplemental Disaster grant that funds rehabilitation assistance throughout St. Lucie County. She is skilled in application intake, income qualification guidelines, the government bidding and contracting process, and client relations. Ms. Proulx is well known for keeping the Housing Division well organized. Mary Coallier, Executive Assistant (Full time paid position) Mary Coallier is enrolled at Indian River State College completing her bachelor's degree in Organizational Management. She has four years of government financial experience. She has knowledge of GAAP, fund accounting, program regulations, legal requirements, and internal control procedures to analyze accounting and fiscal policies. Other fiscal functions involve accounting, budgeting, payroll, auditing, analysis, grants, purchasing and inventory, assuring that all financial transactions and reporting comply with generally accepted accounting principles. She currently assists in grant accounting and reporting requirements for the Social Services Division and Transit Division. B. Facilities: (Local agency applicants only). 1) Indicate whether the agency owns or rents the facility. The Community Services Department is located at 437 N. 71h Street, Fort Pierce, Florida 34950. 2) Indicate the agency's operating hours. The normal operating hours are Monday -Friday, 8 a.m. — 5 p.m. Public meetings are held in the evening hours to accommodate client schedules. 3) Describe accessibility features for disabled and elderly clients that may have special needs. If accessibility features are not present, indicate its absence and how, if at all, you would provide counseling to the clients that have special needs. The Community Services building has two accessible entry doors, all restrooms are handicap accessible, and the walkways and offices are maintained clear for wheelchair access. The building does not have a second floor. For Deaf clients, the County would request interpretation services from Deaf and Hard of Hearing Services of the Treasure Coast. 4) Indicate what public transportation, if any, is close to the facility (example: within 15 minutes walking). The St. Lucie Intermodal Bus Facility is being constructed next door to the Community Services building. 5) Describe what is available for one-on-one and group counseling. A private conference room is available for one-on-one counseling. Each housing counselor has a private office to maintain confidentiality while on the phone and in meetings. Two large conference rooms will be available for the group sessions. Each conference room is equipped with a Smart Board and projection system. 6) Describe your record -keeping system and client files to ensure confidentiality. Budgets are maintained in the Banner Access system and audited by the Finance Department, and every program budget has a separate account. Each client has a separate file, which is kept in a locked file cabinet when not in use. Telephone logs are kept by each case manager for miscellaneous calls, and they are stored closed in each desk. C. Funding: 1) List the sources and amounts of funds from those sources that you have "on hand." "On hand" means you either possess the cash, or written commitment for the funds within the initial 12-month period of being a HUD -approved housing counseling agency. All funding sources for the Housing Division are listed under Section 4 — Counseling Resources. 2) Submit a copy of your current housing counseling budget and indicate the sources of the funds for the budget. FY 09-10 Budget Source $10,000 HHR Funds 3) If you plan to charge for counseling, submit a schedule of charges to ensure that you are in compliance with the requirements of chapter 6 of Handbook 7610.1. N/A 4) List funds received during the last 12 months from lenders or other industry professionals for services performed by your agency such as homebuyer education, loan application completion, or client referral. N/A D. Community Resources. Submit a list of local, State, Federal, public and private agencies with whom your agency and branches or affiliates have established firm working relationships for the provision of various kinds of assistance to your clients. Include a brief description of the type(s) of community resources or services each agency listed will provide for your clients. Community resources include HUD -approved counseling agencies with which the applicant and its branches or affiliates will work cooperatively with. AGENCY SERVICES PHONE NUMBER Crisis Counseling, Domestic 211 Abuse, Suicide Hotline 211 Tax -Aide, Volunteer, Senior AARP Citizen Employment 888-687-2277 ALPI (Agriculture & Labor 461-7788 Ext.43 or 44 - Ft. Program) Child Care, Utility Pierce 466-22631- Port St. Lucie ADVOCACY CENTER Disability Services 800-342-0823 AMERICAN CANCER SOCIETY Medical Services 1-866-227-2345 AMERICAN HEART ASSOCIATION Medical Services 1-800-242-8721 772-461-3950 - St. Lucie 772-287-2002 - Martin AMERICAN RED CROSS Homeless/Emergency Housing 772-562-2549 - Indian River 461-4214 - Ft. Pierce ANGELFOOD MINISTRIES Food/Food Pantries 801-8502 - PSL After School Programs, ARC OF ST. LUCIE COUNTY Employment 468-7879 BIG BROTHERS/BIG SISTERS Youth Development 466-9918 After School Programs, Youth BOYS & GIRLS CLUB Development 460-9918 BETTER BUSINESS BUREAU Consumer Complaints 335-2017 CARENET (Pregnancy) Medical Services 800-395-4357 C.A.S.T.L.E Child Abuse 465-6011 CENTER FLORIDA TREATMENT CENTERS Methadone Clinic 468-6800 CHILD ABUSE Child Abuse 800-962-2873 877-326-8689 CHILD SUPPORT State Child Support Office 800-622-5437 - Enforcement CHILDREN'S HOME SOCIETY Adoption/Foster Care 800-247-4600 CHILDREN'S MEDICAL 467-6000 SERVICES Medical Services 1-800-266-1354 CILO ( Coalition for Independent Living) Disability Services 1-800-683-7337 CITY OF FT. PIERCE Local Government (General) 460-2200 CITY OF PORT ST. LUCIE Local Government (General) 871-5225 462-1825 - Ft. Pierce 871-5010 - Port St. Lucie CODE COMPLIANCE Code Violations 462-1571- County Financial Services/Money COOPERATIVE EXTENSION Management 462-1660 Community Resources Continued: AGENCY SERVICES PHONE NUMBER Assistance Provided -Housing, Mortgage, Rental, 462-1777 - St. Lucie Utility, Prescription, Burial 772-288-5641- Martin COMMUNITY SERVICES Education, Transportation 772-978-0265 - Indian River 464-7433 - Ft. Pierce COMMUNITY TRANSIT Transportation 871-501- Port St. Lucie CONNECTOR BUS Transportation 464-2272 CONSUMER CREDIT Financial Services/Money COUNSELING Management 1-866-616-3720 Adult Education, 465-5220 - Ft. Pierce COUNCIL ON AGING Elderly/Senior Services 336-8608 - Port St. Lucie 1-866-762-2237- Case Info 1-866-968-8655 - Food Stamps/Cash Food Stipends 1-888-356-3281 1-888-367-6554 - Medicaid DEPARTMENT OF CHILDREN 1-800-962-2873 - Protective & FAMILY (DCF) Medical Services Svcs DEAF & HARD OF HEARING SERVICES OF THE TREASURE Deaf & Hard of Hearing, COAST Disability Services 772-335-5546 DEPARTMENT OF FINANCIAL Financial Services/Money SERVICES Management 1-800-848-3792 DIVISION OF BLIND SERVICES Disability Services 1-866-225-0794 DIVISION OF CONSUMER SERVICES Consumer Complaints 1-800-435-7352 DIVISION OF VOCATIONAL Employment for People 468-3948 - Ft. Pierce REHABILITATION with Disabilities 467-3133 - Port St. Lucie DMV (Driver's License) DMV Services 468-3957/460-3658 DOMESTIC VIOLENCE 1-800-500-1119 HOTLINE Abuse Prevention 595-6363 EARLY LEARNING COALITION OF ST. LUCIE COUNTY Child Care 595-6363 EHEAP Elderly/Senior Services 1-800-480-7927 461-5201- St. Lucie EMERGENCY MANAGEMENT Disaster Relief 462-1736 - Port St. Lucie FAU Education 873-3300 FEMA HELPLINE Disaster Relief 1-800-621-3362 FLORIDA ABUSE HOTLINE Child Abuse 1-800-962-2893 FLORIDA COMMUNITY Medical Services/Sliding HEALTH DEPT scale 461-1402 FL DEPT. OF BUSINESS & PROFESSIONAL REGULATION Consumer Complaints 1-866-532-1440 FLORIDA DEPT. OF ELDER AFFAIRS Elderly/Senior Services 1-850-414-2000 FLORIDA EQUAL JUSTICE Legal Services 1-561-582-3921 FLORIDA OUTREACH PROGRAM Adoption/Foster Care 772-460-1419 FLORIDA RELAY SERVICES I Disability Services 1-800-955-8771 Communitv Resources Continued: AGENCY SERVICES PHONE NUMBER FLORIDA RURAL LEGAL SERVICES Legal Services 1-800-284-4588 FPHA FAMILY SELF-SUFFICIENCY Financial Services/Money Management 772-429-6427 FOSTER GRANDPARENT PROGRAM Elderly/Senior Services 1-800-963-5337 FPL Utilities/Weatherization 462-0555 1-800-226-3545 FRONTLINE FOR KIDS (Grades 6-12) After School Programs 772-940-2871 FT. PIERCE HOUSING AUTHORITY/SECTION 8 Homeless/Emergency Housing 461-7281 FT. PIERCE UTILITIES Utilities/Weatherization 466-1600 GOODWILL Clothing, Furniture 461-9727 - Ft. Pierce 398-8448 - Port St. Lucie GUARDIAN AD LITEM PROGRAM Adoption/Foster Care 785-5804 HABITAT FOR HUMANITY Housing Repairs 464-1117 HARVEST FOOD & OUTREACH Food Bank 618-2897 HEAD START Discounted Childcare 466-2631 HEALTH DEPARTMENT Medical Services 462-3800 HEALTHY START Nutrition/Parent Education 467-2016 HIBISCUS CHILDREN'S CENTER Child Care 1-800-403-9311 HOMELESS FAMILY CENTER, INC Homeless/Emergency Housing 567-2766 HOPE NOW ALLIANCE Mortgage Assistance 1-888-995-4673 HOUSING (SHIP) Home Purchase/Down Payment Assistance, Housing Repairs 462-1290 - COUNTY 460-2200 ext-226 - Ft. Pierce 871-5220 - Port St. Lucie HOSPICE Hospice Care 4034500 HOSPICE THRIFT AND GIFT STORE Clothing 466-1797 HUD/Housing Counseling Financial Services/Money Management 1-888-653-8357 HUMANE SOCIETY Animal Adoption/Stray Animal Services 461-0687 HURRICANE HOUSE Education 462-1660 HURRICANE REGISTRY Special Needs Disaster Relief 461-5201 HURRICANE SHELTERS Disaster Relief 461-3950 IMMIGRATION ASST. CENTER OF STUART Immigration Issues 772-286-2668 INDIANTOWN NON PROFIT Housing Repairs, Weatherization 1-877-212-0309 INDIAN RIVER STATE COLLEGE Education 462-7400 - Ft. Pierce 336-6200 - Port St. Lucie IRS IRS 340-5606 - Local 1-800-829-1040 LABOR FINDERS Employment 466-8667 LEGAL AIDE Legal Aid 466-4766 LIFELINE PROGRAM AND LINK -UP FLORIDA Telephone Service Assistance 1-800-540-7039 MANPOWER Employment Svcs. 464-7771 Community Resources Continued: AGENCY SERVICES PHONE NUMBER MARTIN COUNTY LEGAL SERVICES Legal Aid 772-334-2926 465-5220 - Ft. Pierce MEALS ON WHEELS Food/Food Pantries 336-8608 - Port St. Lucie MEDICAID BUS SERVICE Medical Transportation 1-877-722-9334 Elderly/Senior Services, 1-800-633-4227 MEDICARE Medical Services 1-800-963-5337 - SHINE MEDICAL SOCIETY (COMPLAINTS) Medical Complaints 466-6574 Clothing, Utility, Food/Food Pantries, Furniture, 465-6021- Ft. Pierce MUSTARD SEED MINISTRIES Volunteer 340-1406 - Port St. Lucie NEW HORIZON (Mental Health, Substance Abuse) Medical Services 468-5600 NEIGHBORHOOD TEAM Code Violations, Volunteer 462-1418 PROJECT ROCK SOUTH Youth Development 336-9930 PROJECT RESPONSE- HIV Medical Services 464-0420 PUBLIC DEFENDER OFFICE Legal Services 462-2048 SENIOR WHEELS USA Wheels Chairs 1-800-246-6010 SAFESPACE (Domestic Violence) Clothing, Domestic Abuse 464-4555 Clothing, Utility, Food/Food Pantries, Furniture, Rental, SALVATION ARMY School Supplies, Volunteer 464-4846 SECTION 8 HUD funded housing 461-7281 SOCIAL SECURITY OFFICE Social Security/Disability 336-2960 462-1736 - St. Lucie 772-287-1652 - Martin Disaster Relief, Storm 772-567-8000 - Indian River SPECIAL NEEDS SHELTER Shelter 863-763-3212 - Okeechobee STATE ATTORNEY OFFICE Legal Services 465-3000 ST. VINCENT DE PAUL Rental, Utility, Volunteer 465-4551- Ft. Pierce TEEN HOTLINE Youth Development 1-800-881-8855 TREASURE COAST FOOD BANK Food/Food Pantries 489-5676 Homeless/Emergency TREASURE COAST HOMELESS Housing 772-778-4234 1-866-778-7356 - Questions Unemployment 1-866-204-2418 - Apply by UNEMPLOYMENT Compensation/Employment Phone UNITED FOR FAMILIES Adoption/Foster Care, (Domestic Violence) Domestic Abuse 398-2920 464-5300 - St. Lucie 772-220-4472 - Martin UNITED WAY School Supplies, Volunteer 772-567-8900 - Indian River Healthy Nutrition for Women, Infants and WIC Children 462-3900 WORKFORCE SOLUTIONS Employment 335-3030 - St. Lucie Other Agency Housing Activities. Briefly describe any other housing programs or activities the applicant agency and branches or affiliates offer. Examples include administering down payment assistance programs, developing housing projects, managing apartment buildings, rehabilitating and reselling HUD homes, and selling real estate. Identify those programs that housing counseling clients may be referred to. The St. Lucie County Community Services Department administers the following funding assistance programs: • Down payment assistance • Rehabilitation/Replacement • Disaster Mitigation • Flood and Drainage Improvements • Water and Sewer Improvements • Re-entry and Foreclosure Prevention Assistance • Land Acquisition for Affordable Housing/Slum & Blight Reduction • Repair and Replacement of Post 1994 Manufactured Homes • Construction and Development Financing for Private Affordable Projects • Demolition of Blighted Structures • Acquisition/Rehabilitation/Disposition of Foreclosed Properties COUNTY F LORI DA-40 St. Lucie County Housing Counseling Plan I. TARGET AREA Below is a detailed description of the targeted area identified. The description includes size of population, racial and ethnic make-up of the population, socio-economic factors, age and condition of housing. The data in this report was taken from the U.S. Census Bureau and the Shimberg Center for Affordable Housing websites. St. Lucie County, including the Cities of Fort Pierce and Port St. Lucie, is the target area. Located on the Southeast coast of Florida, St. Lucie County covers approximately 572 square miles. As of 2008, the population estimate was 265,108. It is projected that by 2030 St. Lucie County's population will be 460,297 making it the 19th most populous county in Florida. According to the US Census Bureau, in 2007 the population breakdown was as follows: White persons 79.3% Black persons 17.4% American Indian and Alaska Native persons 0.3% Asian persons 1.6% Native Hawaiian and Other Pacific Islander 0.1% Persons reporting two or more races 1.2% Persons of Hispanic or Latino origin 15.2% White persons not Hispanic 65.1% The majority of residents residing in St. Lucie County have an education level of no further than high school. As of 2007, the top three industries were construction, professional and technical services, and retail. St. Lucie County's housing stock is quite unique. The City of Port St. Lucie has the newest housing stock with a majority of it being built after 1970s. The City of Fort and unincorporated St. Lucie County has the most comparable with a majority o its housing stock being built after the 1960s. In 2007, 29,608 St. Lucie County households paid more than 30 percent (30%) of their income for housing, while 12,068 households paid more than 50 percent (50%) towards housing. A majority of these households fall into the low -to -moderate income range as depicted in the chart below: Household Income as Percentage of Area Median Income Amount of Income Paid for Housing 0-30% 30-50% 50% or more <= 30% AMI — Extremely Low Income 2,683 1,170 5,762 30.01-50% AMI — Very Low Income 3,445 4,306 3,997 50.01-80% AMI — Low Income 12,399 6,964 1,722 80.01+% AMI 60,712 5,082 605 Total 79,239 17,522 12,086 Source: Shimberg Center for Affordable Housing Within the past seven years, St. Lucie County has experienced tremendous growth. Average home prices have increased from $85,000 in 2000 to $229,900 in 2007. With the recent downturn in the economy, the average sales price has decreased to $161,861 for 2008 and is expected to continue to decrease for another year. 2 1 P a g e TARGET AREA Below is a detailed description of the targeted area identified. The description includes size of population, racial and ethnic make-up of the population, socio-economic factors, age and condition of housing. The data in this report was taken from the U.S. Census Bureau and the Shimberg Center for Affordable Housing websites. St. Lucie County, including the Cities of Fort Pierce and Port St. Lucie, is the target area. Located on the Southeast coast of Florida, St. Lucie County covers approximately 572 square miles. As of 2008, the population estimate was 265,108. It is projected that by 2030 St. Lucie County's population will be 460,297 making it the 191h most populous county in Florida. According to the US Census Bureau, in 2007 the population breakdown was as follows: White persons 79.3% Black persons 17.4% American Indian and Alaska Native persons 0.3% Asian persons 1.6% Native Hawaiian and Other Pacific Islander 0.1% Persons reporting two or more races 1.2% Persons of Hispanic or Latino origin 15.2% White persons not Hispanic 65.1% R�llSC� The majority of residents residing in St. Lucie County have an education level of no further than high school. As of 2007, the top three industries were construction, professional and technical services, and retail. St. Lucie County's housing stock is quite unique. The City of Port St. Lucie has the newest housing stock with a majority of it being built after 1970s. The City of Fort Pierce and unincorporated St. Lucie County has the most comparable housing with a majority of its housing stock being built after the 1960s. In 2007, 29,608 St. Lucie County households paid more than 30 percent (30%) of their income for housing, while 12,068 households paid more than 50 percent (50%) towards housing. A majority of these households fall into the low -to -moderate income range as depicted in the chart below: Household Income as Percentage of Area Median Income Amount of Income Paid for Housing 0-30% 30-50% 50% or more <= 30% AMI — Extremely Low Income 2,683 1,170 5,762 30.01-50% AMI — Very Low Income 3,445 4,306 3,997 50.01-80% AMI — Low Income 12,399 6,964 1,722 80.01+% AMI 60,712 5,082 605 Total 79,239 17,522 12,086 Source: Shimberg Center for Affordable Housing Within the past seven years, St. Lucie County has experienced tremendous growth. Average home prices have increased from $85,000 in 2000 to $229,900 in 2007. With the recent downturn in the economy, the average sales price has decreased to $161,861 for 2008 and is expected to continue to decrease for another year. 2 1 P a g e St. Lucie County has chosen this target area for multiple reasons. First, St. Lucie County, in particular the City of Port St. Lucie, has been one of the highest in foreclosure fillings in the nation. St. Lucie County becoming HUD Certified to provide mortgage delinquency counseling would be a tremendous asset to the area. Second, the need for homebuyer education counseling has increased due to the lower sales prices. Offering the services in County will accommodate the local residents. Finally, St. Lucie County chose to target the entire County due to the high ratio of very -low income households dedicating more than 50 percent (50%) of their income towards housing expenses. These types of families are most at risk for foreclosure and will benefit greatly from a local housing counselor. Currently, there are no housing counseling agencies based out of St. Lucie County. There are providers, such as Consumer Credit Counseling Services and Consumer Credit Management Services, who are willing to assist the residents but do not have their main offices within the County. Having a counseling agency located in the County will add a level of convenience for the residents. Attachment A is a map indicating the location of the counseling facility, the zip codes of the clients served within the last 12 months and the locations of other housing counseling agencies. II. HOUSING NEEDS AND PROBLEMS: The median household income for St. Lucie County is $59,600. As depicted in the chart below, a majority of the residents are low-income. Year <=30% 30.01-50% 50.01-80% 80.01-120% 2007 9,615 11,748 21,085 24,970 2010 10,061 12,402 22,524 26,750 2015 11,399 14,394 26,511 31,530 According to the Shimberg Center for Affordable Housing, the housing condition characteristics for St. Lucie County are as follows: Housing Condition Characteristics, 2000 Persons Per Room House Heating Fuel Kitchen Facilities Plumbing Facilities 1.01 or More Persons per Room Share of Occupied Units (%) No Fuel Used Share of Occupied Units (%) Lacking Complete Facilities Share of Occupied Units (%) Lacking Complete Facilities Share of Occupied Units (%) 3,485 4.5 862 1.1 214 0.2 382 0.4 In 1990, St. Lucie County had 3,072 households living in substandard conditions. As mentioned above, St. Lucie County's housing stock is quite unique. In 2004-2007, there was a housing construction boom. These figures have not yet been compiled and evaluated by the Shimberg Center for use. Below is a chart indicating the year structures were built, as of 2000. Year Built 1999- March 2000 1995- 1998 1990- 1994 1980- 1989 1970- 1979 1960- 1969 1950- 1959 1940- 1949 1939 or Earlier 2,520 9,053 13,633 33,259 18,722 7,208 4,237 1,394 1,236 31?age St. Lucie County has the capability to serve those residents who speak Spanish as their first language and those needing a sign language interpreter. Ill. HOUSING COUNSELING PLAN Housing clients will contact the Community Services Department if interested in receiving counseling. At that time, the client's basic information (name, address, phone number) and housing need, is obtained. Thereafter, an appointment will be made for the client to have a face to face interview with a housing counselor. For group counseling sessions, the participants will be required to call and pre -register. A client may make an appointment with a housing counselor for a face to face interview. During the face-to-face interview the counselor will obtain information from the client that allows the counselor to identify the clients housing need or problem. The counselor will then determine if the resources available will meet the need or resolve the problem. Follow up communication with the client will be done by the counselor to insure that the client is progressing towards his or her goal and to determine whether the counseling should be continued or terminated. Based on client needs, the counselor will take a preliminary application, collect various forms of documentation, create a file, and take notes on the specific needs and circumstance of the client. If the client is looking for pre -purchase counseling, he or she will receive a verbal overview of the housing programs available within the County. In addition, a written overview will be given with guidelines and requirements for down payment assistance and the opportunity to have a credit analysis completed. The client will be provided a complete overview of the home buying process. This overview includes the following: • assistance with credit issues (re -payment agreements, settlements etc.); • workshop schedules; • mortgage loan pre -approval; • submission for down payment assistance; • listing of available mortgage lenders and realtors; and • final analysis of the closing documents provided by the closing agent. Housing counseling will be provided in the following areas: • Homebuyer Education Group Session -The curriculum for this strategy will include topics such as selecting a home, fair housing laws, information on local, state and federal assistance programs, how to apply for a mortgage, purchase procedures, alternative financing, working with a realtor, rights and responsibilities of homeowners. Other topics that may be covered are homeowners insurance, home inspections, and avoiding predatory lenders. This strategy will be done in a group counseling session. A list of available workshop dates will be made available to the public. Individual pre -purchase counseling may be available on a case by case basis at the request of a homebuyer. • Foreclosure Prevention -Individual one-on-one counseling will be available to homeowners who are in danger of foreclosing on their home. The case assessment will include identifying the cause of default, budgeting finances, and developing a sustainability plan for the homeowner. The plan may include strategies for correcting underlying causes of delinquency. If the case plan shows that the homeowner will be able to sustain or if the cause of the delinquency was a onetime occurrence, assistance with the past due amount may be available depending of funding availability and program guidelines. 4 1 P a g e • Post Purchase -Home Improvement and Rehabilitation -This strategy will include, but is not limited to information on routine home maintenance, local, state, and federal home improvement programs, the application process, housing codes and enforcement procedures, bids and contracts, inspection of work and payments to the contractor, liabilities, and non- performance by contractors. This strategy will be done in a group counseling session. A list of available workshop dates will be made available to the public. • Mobility and Relocation- This strategy will include rights of owners forced with displacement, rights and responsibilities of the entity causing the displacement, relocation benefits and assisting the client with locating alternative housing. If sustainability can be proven assistance with move in cost may be available depending on funding availability and program guidelines. 5 1 P a g e Attachment A 34987 Housing Counseling Service Boundary Map 3a945 34951 34986 CCCS 591 SE Port St Lucie Blvd Port St Lucie, FL 34%6 34947 1 ^ 34950 34981 34983 34953 134984 f \ 34982 Community Services 437 N 7th Street Ft Pierce, FL 34952 N W E 5R, -ZisticG (/bH77� GIS o S ME c6uNTY F LORI D A AGENDA REQUEST ITEM NO. VI-E3 DATE: 08/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Mana er J SUBJECT: U.S. Department of Agriculture (USDA) Rural Housing Services for the Rural Community Development Initiative (RCDI) Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189100-6420-331510-600 FY07 HOME 189101-6420-331510-600 FY08 HOME PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit an application for the Rural Community Development Initiative, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (yU APPROVED ( ) ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) CONCURRENCE: DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures Darnel S. McIntyre V4_�.-r,17� �7 Beth Ryder OMB Director Budget Analyst I Y r Marie Go-uiinn Sophia Holt Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Directorf� FROM: Jessica Parrish, Housing Manager DATE: 08/25/09 )p SUBJECT: U.S. Department of Agriculture (USDA) Rural Housing Services for the Rural Community Development Initiative (RCDI) Application ITEM NO. VI-E3 Backaround: The Rural Community Development Initiative (RCDI) allocates funding to provide financial and technical assistance to organizations in order to develop capacity and the ability to undertake projects related to housing. The RCDI program provides training to organizations in the following areas: • Environmental Review adhering to 24 CFR Part 58; • Application intake, income qualification and contracting procedures; • How to become a Community Housing Development Organization; • Track and report project and activity finances, goals met and matching funds; • How to use available resources to answer administration questions; • Research grant opportunities; • Present a proposed CHDO activity for review/approval; • Develop a process manual; and • Incorporate energy efficient technologies into housing strategies. In providing training the participating organizations will be able to undertake housing projects that will benefit the community and its residents. A match of $184,000 will be provided using the HOME Investment Partnership Program. The application for this grant is due September 24, 2009 at 4:00 p.m. and will not exceed $180,000. Recommendation Board authorization to submit an application for the Rural Community Development Initiative, and authorization for the Chair to sign documents as approved by the County Attorney. Attachment: RCDI Application V Summary Page A. Applicant Name: St. Lucie County Board of County Commissioners B. Address: 2300 Virginia Avenue, Fort Pierce, FL. 34982 C. Telephone No.: (772) 462-1777 D. Contact Person: Jessica Parrish, Housing Manager, Community Services Department E. Contact Phone No.: (772) 462-2375 F. Fax No.: (772) 462-2855 G. County: St. Lucie County, Florida H. Congressional District Numbers: 16 & 23 I. Amount of Grant Request: $180,000 J. Tax ID Number: 59-6000835 K. DUNS Number: 072215403 L. Number of Recipients: 5 M. Equal Opportunity Survey Has the applicant ever received a grant or contract from the Federal government? Yes Is the applicant a faith -based organization? No Is the applicant a secular organization? No Does the applicant have 501(c)(3) status? No Is the applicant a local affiliate of a national organization? Local Government How many full-time equivalent employees does the applicant have? Over 100 What is the size of the applicant's annual budget? $5,000,000 or more St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 1 Source and Amount of Matching Funds: Matching funds will be provided from the following sources: Amount Source $44,700 HOME Consortium 2007 $63,900 HOME Consortium 2008 $71,400 HOME Consortium 2009 $180,000 Total The County understands that all matching funds must be expended within the RCDI contract period for activities in line with the RCDI purpose. St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 2 Rural Community Development Initiative (RCDI) TABLE OF CONTENTS SummaryPage .......................................................................................................................................... 1 Source and Amount of Matching Funds ..................................................................................................... Table of Contents Project Overview OrganizationalDocuments-----------------------------------------------------------------------------------------------------------------------•. Verification of Matching Funds ................. DUNSNumber Verification-------------------------------------------------------------------------------------------------------------------------. Recipient Information Evidence of Recipient Eligibility ................................................................ .................................................. Evaluation Criteria Timeline ProjectBudget--------------------------------------------------------------------------------------------------------------------------- -•------------. SF 424 —Application for Federal Assistance SF 424E — Assurances — Non -Construction Programs................................................................................... Form AD —1047 — Certification Regarding Disbarment — Primary Covered Transactions .............................. Form AD —1048 - Certification Regarding Disbarment — Lower Tier Covered Transaction ............................ Form AD —1049 — Certification Regarding Drug Free Workplace................................................................. Standard Form LLL, Disclosure of Lobbying Activities Form RD 400-4, Assurance Agreement Certification of Non -Lobbying Activities. ................... .. Indentify and Report Any Association/Relationship with Rural Development Employees ............................. EEOSurvey---------------------------------------------------------------------------------------------------..........................................1 St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 3 Overview: The St. Lucie County Community Services Department/Housing Division administers a variety of state and federal housing programs to perform rehabilitation/reconstruction, purchase assistance, water and sewer assessment assistance, foreclosure prevention, rental assistance, rental development, disaster relief, mitigation, and weatherization. The County partners with local Community Housing Development Organizations (CHDO) and non -profits in order to reach the maximum amount and a diverse population of beneficiaries. Each non-profit is commended for its individual strengths in performing housing activities. However, as the responsible entity, the County is ultimately responsible to ensure the non -profits administer each funding source following the grantor's standards. Each non-profit shows the potential for growth with the aid of technical assistance. The St. Lucie County HOME Consortium was created in 2007 and has brought about an immediate need for a strong base of local CHDOs to administer the annual CHDO set aside requirement. The Community Services Department/Housing Division proposes to hire a staff member to provide technical assistance to expand each non -profit's knowledge on administering grants, receiving CHDO certification, seeking funding opportunities, using energy efficient technologies, and create a consistent and efficient model for each funding program. The technical assistance will increase each entity's ability to successfully serve its beneficiaries. Type of Technical Assistance to be provided: St. Lucie County, the intermediary, proposes to provide technical assistance to develop recipients' capacity and ability to undertake projects specified in the St. Lucie County HOME Consortium annual action plans: rehabilitati on, purchase assistance, and other Community Housing Development Organization eligible activities. Technical assistance will include the following development training: • How to perform an Environmental Review adhering to 24 CFR Part 58; • How to complete application intake, income qualification, and contracting procedures under various program rules; • How to become a Community Housing Development Organization; • How to track and report project and activity finances, goals met, and matching funds; • How to use available resources to answer administration questions and search for grant opportunities; • How to propose a CHDO activity to the lead entity for review/approval; • Development of a step-by-step process manual for each strategy to ensure consistency between projects and entities; • How to find and apply for additional funding; and • How to include energy efficient technologies in housing strategies. How the capacity and ability of the recipients will be improved: St. Lucie County proposes that providing technical assistance development training will increase the recipients' capacity and abilities. Technical assistance will include training material development group training, and individualized training. St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 4 • Environmental Review Training: Currently St. Lucie County completes all environmental reviews for its sub recipients. Local non -profits do not seeking federal funding sources that require environmental reviews. The County proposes to train CHDO's and non -profit's staff members to complete the site specific reviews for rehabilitation and replacement projects. This training will develop each recipient's capacity to identify projects that are not eligible for federal funding early in the process, gain understanding of potential hold ups of review requirements and eliminate staff travel time. Furthermore, each entity will gain the ability and knowledge necessary to administer other federal grant opportunities thereby increasing their capacity to serve more beneficiaries. • Application Intake, Income Qualification, and Contract Requirements: St. Lucie County proposes to provide technical assistance to local non-profit organizations to help them understand the income qualification and document verification process required under HOME and other grant programs. Furthermore, the County proposes to familiarize each sub recipient with the required contract documents for purchase assistance and rehabilitation so that they can take a more active role in the process. By gaining this knowledge, each entity will be better equipped to carry out the St. Lucie County HOME Consortium strategies and more confident to seek leverage funding opportunities. • CHDO Certification Guidance: Currently, Sunrise City CHDO is the sole certified CHDO within St. Lucie County. The County proposes to provide guidance to Habitat for Humanity and INTACT to complete the CHDO certification process. The St. Lucie County HOME Consortium plans to expand in the coming years, and it is essential to have competent, well developed CHDOs to expend the required CHDO set aside funds. Without CHDO certification, the local non -profits are ineligible to receive HOME funds. • Report Training: The County proposes to introduce its budgeting and reporting practices to the local non -profits, train the non -profits how to keep separate budgets for each project, train the non -profits how to complete quarterly and annual reports, and train how to track matching funds as required by the HOME program. The report training will increase each non -profits' ability to identify budgeting issues, enhance record keeping abilities, and understand the importance of establishing reporting methods prior to starting a new program. • How to use available resources to answer administration questions and search for grant opportunities: Websites hosted by the US Department of Housing and Urban Development, Florida Housing Finance Corporation, and the Florida Department of Community Affairs, program documents which provide essential tools to the daily administration of funds. Furthermore, grant opportunities can be found on various websites. St. Lucie County proposes to teach the non -profits how to navigate through the websites and better use these resources to find quick and accurate program guidance and grant opportunities. This will develop their individual capacity and confidence to receive and administer HOME and other federal and state funds. St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 5 • How to propose a CHDO activity to the lead entity for review/approval: In order to monitor the CHDO activities, St. Lucie County requires the CDHO to provide a project proposal prior to committing funds. St. Lucie County proposes to create a uniform proposal format that will require completion in order for a project to be considered. This will shorten the review time necessary and develop the CHDOs capacity to create an effective plan and budget for each proposed project. By evaluating the plan versus the actual outcome, the CHDOs will gain valuable knowledge about how to modify future projects for the best possible outcome. • Development of a step-by-step process manual for each strategy: The County proposes to create a step-by-step process manual for each strategy to create consistency among projects, lessen the training time needed after staff turnover within a partnering agency, and increase each partner's understanding of the HOME program requirements. • How to find and apply for additional funding: St. Lucie County Community Services/Housing Division actively seeks grants for housing related activities. Many grant opportunities are geared towards non-profit organizations. Sub -recipient funds may be insufficient to develop the necessary staff to meet the non -profits' goals. St. Lucie County proposes to provide guidance to the non -profits as they attempt to use grant databases and apply for state, federal, and foundation funding opportunities. The increased funding opportunities will increase each non- profits capacity to reach its organizational goals and to confidently apply for grants in the future. • How to include energy efficient technologies in housing projects: St. Lucie County has a long history of strong leadership and enthusiastic citizen support to preserve and protect natural areas and move the County toward becoming a more sustainable community. The Community Services/Housing Division has modified all programs to include energy efficient retrofits as part of housing rehabilitation projects, and actively seeks green funding opportunities. St. Lucie County proposes to share its knowledge and practices with the non -profits to increase their understanding of green product impacts, available retrofits, and assist them to apply for grant opportunities as they become available. The overall goals to be accomplished: Overall, St. Lucie County hopes to accomplish the following goals: • Develop the capacity of local CHDOs to effectively expend and administer HOME and other funding programs; • Increase the number of local CHDOs that are needed to successfully run the HOME Consortium; • Increase the acceptance and amount of energy efficiency improvements installed as part of new or existing housing programs; • Increase local entities' technical knowledge so they are better equipped to administer housing activities, apply for and receive grants, and meet all program requirements; • Create a uniform model program so that the St. Lucie County HOME Consortium runs efficiently and effectively for many years; and • Increase the amount of beneficiaries served. St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 6 Benchmarks to Measure Success: Individual recipient goals have been developed with each non-profit (see page 19). Benchmarks will include the completion of training materials, group training, individual training, and additional funding achieved. The detailed benchmarks chart on page 19 will be used to track achievements. Population and Income: Four of the recipients, INTACT, Mustard Seed Ministries, St. Lucie County Habitat for Humanity, and Sunrise City CHDO, are located within the City of Fort Pierce. The population of Fort Pierce is 37,516 and the median household income is $25,121. Indiantown Non-profit Housing, Inc. is located in Indiantown which has a population of 5,588 and the median household income is $28,977. U.S. Census 2000 data is attached. Population Calculation: (37,516 x 4 + 5,588)15 = 31,130 Income Calculation: (25,121 x 4) + 28,97715 = $25,892.20, $25,892.20141,994 = 61% St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 7 organizational Documents: Statules & Constitution :View Statutes :-2009-ChOW Section 59 : f)dme Sunshine Page 1 of 1 Select Year. 2DO9 _ _. The 20og Mori& Statutes Title 11 Chatter 7 View Entire Chapter STATE ORGANIZATION COUNTY BOUNDARIES 7.59 St Lucie County. --The bound3ry lines of St. Lucie County are as follows: Beginning on the eastern boundary of the State of Florida at a point where the north section line of section thirteen, township thirty-seven south, range forty-one east, produced easterly, would intersect the same; thence westerly on the north line of said section and other sections to the northwest corner of section eighteen, township thirty-seven south, range forty-one east; thence, south on the range line between ranges forty and forty-one east, to the township line between tovvnstrips thirty-seven and thirty-eight south; thence west on the said township line to the range line dividing ranges thirty-six and thirty-seven east; thence nw-th on said range line, concurrent with the east boundary of Okeechobee County, m the northwest comer of township thirty-foUr south, range thirty-seven east; thence east on the township line dividing townships thirty-three and thirty-four smAh, to the Atlantic ocean; thence continuing; easterly to the eastern boundary of the State of Florida; thence southerly along said east boundary, including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida, to the place of beginning- History_—ss. 1, 19, ch. 5567, 1905; S. 1, ch. 7401, 1917; RGS 54; s. 1, ch. IGHS, 1925; S. 1, ch. iOl SO, 1925; CGL 56. Copyright 01995-2W9 The Florida Legislature . Priw[y SMWG neat + Coot= Us http: F,' %ww.leg.state-fl-usm^STATtTMlhl&x.cfm?App_mo&—Display_Statute&—'Nrch Stri.-. 9(5P009 St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 8 Benchmarks to Measure Success: Individual recipient goals have been developed with each non-profit (see page- - }. Benchmarks will include the completion of training materials, group training, individual training, and additional funding achieved. The detailed benchmarks chart on page 1 will be used to track achievements. Population and Income: Four of the recipients, INTACT, Mustard Seed Ministries, St. Lucie County Habitat for Humanity, and Sunrise City CHDO, are located within the City of Fort Pierce. The population of Fort Pierce is 37,516 and the median household income is $25,121. Indiantown Non-profit Housing, Inc. is located in Indiantown which has a population of 5,588 and the median household income is $28,977. U.S. Census 2000 data is attached. Population Calculation: (37,516 x 4 + 5,588)15 = 31,130 Income Calculation: (25,121 x 4) + 28,97715 = $25,892.20, $25,892.20141,994 = 61% St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 7 Verification of Matching Funds Copy of a bank statement or a Icapy,of confirmed funding source; St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 9 DUNS Number Verification: Jennifer Cruz Fran_ govtodrsb_carrr Seat Thursday, August 08, 2DOG 12:11 PM To: Jennifer Cruz Subject Requested DUNS Number THIS IS AN AUTOMATED MESSAGE GENERATED BY TBE D&B CCR REGISTRATION PORTAL PLEASE DO NOT REPLY TO THIS MESSAGE.. Thank you far }roar request for your company's existing DUNS Number. Your D-U-N-S Number is 072215403 for ST LUCIE, COUNTY OF 2300 VIRGINIA AVE STE 226 FORT PIERCE FL,349825632 UN TED STATES OF AMERICA If you have any questions about your DUNS Number, please coact us at euv-tra—dnb_com. St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 10 Recipient Information: Congressional Contact Recipient Name Address County Districts Person Contact Phone Post Office Box 456 Indiantown Non- 15516 SW Osceola St Donna profit Housing, Inc. Indiantown, FL 34956 Martin 16 & 23 Carmen (772) 597-3700 Inspired Network to Achieve Community 437 N. 7th Street Stefanie Together (INTACT) Fort Pierce, FL. 34982 St. Lucie 16 & 23 Myers (772) 462-1777 Mustard Seed 3130 S. US Hwy 1 Stacy Ministries Fort Pierce, FL. 34982 St. Lucie 16 & 23 Malinowski (772) 465-6021 St. Lucie County 702 S. 6th Street Garret Habitat for Humanity Fort Pierce, FL. 34950 St. Lucie 16 & 23 Grabowski (772) 464-1117 Sunrise City Community Housing Development 1513 N. 23`d Street (772) 466-3099/ Organization (CHDO) Fort Pierce, FL. 34950 1 St. Lucie 16 & 23 Tobi Philpart (772) 370-5095 St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 11 Recipient Eligibility Documentation: RJG-4-2039 e--3s— = '= :5- LLC E OBITW Habitat October 21, 20(1S 7rc! 5+1377 T 1:4€cM855- P, 2 Patricia Scutt it. Lucie County i-labitst fnr Rumanity 706 S. 6* SL Fo;t Pierre, FL 34950-8342 Dear Patricia, This better will confirm that St Lu.ie County I labits far Hu-nmity of Fluric s, is an af}ilis with Habitat tt for Hurianit, Intcan ionul and continues to be considcrv! a subordintcteund" the group tr-x exemption wijlovllu of Habhut for Humanity lnternztionM, inn, ("14FHt') under section 501(cX3) of the ivettial Revs-ue Corie. The .group exmip ion number assi8ned o -IFJ11 by the IRS is 8545. ws number imy be provided to pmspmti a donors, fo utdafions and w.ber grant organizations as they n 4uwt it and is required on certain IRS forms. In partnership, t � Ot..-< L support Spxialist US Support Cen*&r Habitat for Hurr"nity Intcmationat 3 zr,,_- :W4M A •E,44.4nll • !zh�5 '011:r St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 12 rL---4.2EWF ' a3. SyR' i R3M.ST LLr-?E WeITAT M 06720a/ 111,14 PAL SL4 zf3 area Internal i ewnuR Service Oates kvust k 2004 Habitat For Humaltty Iltiemat'JO wi. Inc 322 W. Laffw SL Americus, GA 317084-M3 Dear Sr Of Madam; 77246"377 T-s. 4r,'—> 55 P.3 TEJZ CINTIF rd602/002 17izpwU mnt of 1ha Treasury P.,O_ Box 2500 cantinnali Ott 4=1 Persari to COnbKtI Tracy Gartigus rr31-0=7 Cushmw $r}Mm R*rnat tivu 74*11 Free Talapis ne lumber: a�tsastae:3opm.lsr 877-132II0 Flax Nambar. 513-2W756 Fedora[ Idcirlfflcatfan Dumber. 01-1e1486a Group Ocamptlon flumbar; 9545 Ttua is In responea to your request of Aug at 6. 2W regarditgi your orpanIzetian s tw+wam�npt atptus_ In Jauuur7 12V we issued 8 demrotnubw tart*^that raoogritaed your orgw4zailon as wakmpt from fedarat home me W. Our Mcords U)f#a',r VW your argari effon Is currently exempt Utsdar sacban SM(c)(3) of the intcrPal ReftX Q carte. Ouf r000rds fnIrata that your arganizoon is also daassbW as a pubic cha* under cectltxis 500(2)(1) acid 170(bX1)(A)(vf) of he Warnel Rev$nue Code. fused an the fafam Wen supp4ck wm reoognQed the subondbmts warned on Vw rat your organbmwn su6mibad a3 exa mtfiam Warai 41=ms sax widersec4w of'the Otte. OurracmOs Wicate It* c+ordtibutiont to your oigafiUmdon am dodurqbfe under seewn 170 ofthe Via, and ' drat yore are quaKed to r9=Iv4kta% d*aductlble beque3ta, devises,'twafCt9 or gifts k-ntfsi ,acaQ i 2{755, 2106 zr 2522 d the tnierrial Ravenue Mode. If you have aY questions, plem call us at it>< telephone nuanber shMy" In ttw heading of this totter. skmr*, ; VAyw JWna k SWca. Dir*CtM. TEAGE Oisla ner Aonount Satvloss St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 13 State of Florida Department of State I certify from the records of this office that SUNRISE CITY COMMUNrI Y HOUSING DEVELOPIVI NT ORGANIZATION INC_ is a corporation organized under the laws of the State of Florida, filed on January 10, 2001 _ The document number of this corporation is NO1000000234. I further certify that said corporation has paid all fees due this office through December 31, 2008, that its most recent annual report was filed on April 30, 2008, and its status is active_ I filrther certify that said corporation has not filed Articles of Dissolution - Given under my hand and the Great Seal of Florida, at raflahassee; the capit44 this the Fwentp Eighth day of Januaty, AM t?I S'ecretayy of State Aiwa ID:3991#2290173-01280ILNO1@BEiON23S To mate &is cetffiraMvistt tEte 6llwriar Site. MUM &is M. and d= Maw tie -moos tom. https:Hefilesanbiz.otWcertanthser.html St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 14 t CC pwr.Wwin ;of It- lis_amy IRT7 S?Ihf tfl-1 li.wAW 3-rvj,v P.O. Box 2508 In reply refer to: 0240322622 Cincinnati ON 45261 July 02, 2009 LTR 4168C ED 20-2629999 000aaa 00 000 00024214 BODC: T£ ST LUCIE INSPIRED NETWORK TO ACHIEVE COMMUNITY TOGETHER INC X COMMUNITY SERVICES 457 N 7TH ST FORT PIERCE FL 34950-2971 coa+,4 Employer Idelitifluation Number: 20-2629999 Person to Contact: Mrs. Eckert Toll free Ttlephone Number: 1-877-929-SSDC Dear Taxpayer: This 1s in response to your request of .tune 23, 2009. regarding your tax-exempt status. Our records indicate that a determination letter WAS issued In Navenber 2005, that recognized ynu sus erPMPt from Federal lntome tax, and discloses that you are Currently eXemPt under section 501(c)(3) of the Internal Revenue Code. Our records also Indlcate yeu are not a private foundation within the meanitly of Section 509(a) of the Cade because you are described in sec:lian(s) 509(a)(1) and 170(b)(I)fA)(vi). Donors may deduct contributions to you as provided in section 170 of the Cade. Bequests, legacies, devises. transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. If you have any questions, please call us at the telephone nunbar, shown in the heading of this 19tter. Sincerely yours, Michele M. Sullivan, Oper. Mgr. Pr(4 I Accounts Management Operations I y ,t-�dC y �j, il•^e� St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 15 08re7e2aey 14:r_ 4r,?3572 WSUKUti-; DstI'%ISTRY PACE C1 In4rrn81 Revenue Servlra h Dail : l rovember 2, 2000 Muslard SeW fdlrlktries of For` PleFC*, Inc. P.D.13ox 9612 Fort f'fatce, FL 3494U%12 `•3 r: 1Jear Sir or fatedow rn- Thls hoer Is In re"se to your wItmist for a uupi of your: lake the ptaar of ttte mpy you mquair.ed, OurraWrda Indiesta that a detarminW.Ion letter issued in Rim federal ir10 Ma tax under Aection 5o1(ei(5)of tit'- Inlarnal Ri Based on inl7ommfiorl subsequen6ly mihmifled, we elas8ifiea fourrdsltion within the meaning of sari on 6Dg(ai of the Cody seWons W%a)(1) and This da"Ifladnn was based on the slssumptlon dia: your a In #w.app9ciftn. K your orgairaat+vrf s snurces Of euppoft, purposes have Changed, •pleaso let us kna4i so wee corn Cor.. status and foundation status cf your ar+gsnizalion, yfaur,orgarr¢ation is required to file Frxrn 990, REftn1 Or -On "s Mceipts east, year are nanne0y rrors tharr MAN dory orals fifth fnorelir biter 1tW MId uI rile OrganiUiion's pn3 panafiy or $26 a day, up to a maximi.ir of 310,00a, when a Cause for" May. jNI exempt vraerOzatlons (unless ape eificarly exriuded) are Cenv"Iijonz Act (sdrCal sacurtfy tuxes) on remuneralion of catandar year. Your organi=a w is not Ruble for the tax im (F4)TA}• Ofganizafion0 thel sit net prorate fuun%itions am. not iubj+ Code'- hwmver, thwA organitzalloP!r are -not aubornatieally Donors may deduct contribution to : four orgMrl� r Uon at pi Idgodes, devlvme transfers, or gifts to yew orgmlization or gift tea pugmsse If Um meet the applicawe pravisiony of r. r•; N Of etc Treasury a, Box 250E nelnnatl, QN 45201 rrrso n to Cot'00: Ms. Smith'931-07M7 CustomerSewice Repnasentalve oll Free Telephone Number: r:ro i rL,n S20 pin EST 8"-829-5500 a x Number: 513.263••275e ederal Identification Number' 05-0017385 daterminatlon Wter, This 19135 granted yojr org:anizetbn exertlp anus Code. That leuar i6 still In effEot. your organization as one that is net a prM becsusr•1t is an.organi?.vWn cle4rribed in genizalidn's aoerations trmuid continua as s of. its dtprecter, FWhod.of opgrA ions, or ider the affect of the d►ange an the exempt u izaation Exs nt from Iticoma Tax, only Ir u retum is required, it must be filed by lire sl atr_,ourfing period. The aarw:rnposes e a0rrn is fried tale, unless there is reason& blv for taxes tinder"Fedemel Insuranura 100 Dr more paid bo evtt employee during isad under the Federal unemployment Tax to Iha excise laxes under C:IeapWrL7 of 9mpt from oihar redefel nxr. se taxes. fed irf a pion 17001 the Code. Q2quest. its usa are deductible for federal estate n pits 2055, 21015. and 2522 of the Code IrOM St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 16 Internal Revenue Service Date: June 26, 2006 11401ANTOWN NON PROFIT HOUSING INC PO BOX 456 I%IDIANTOWN FL 3495C-(4-1-6 Dear Sir or Madam: Department of the Treasury P. 0. Box 2508 Cincinnati, OH 45201 Person to Contact= Kathy Masters ID4 S1 -04015 Customw Service Roprcscntati-re Toll Free Telephone Number: 877-829-5500 Federal Identification Number: 59-1978388 This is in esponse to your re-qUeSt 0! JIM ?6. 2(Yj6, regarding your organi7..ation tax- Gxernpt status, In May 1962 we issueda detefmiflati0j, Iejjc-r!Vtaj tewgrjized your from fedur,,LjI income tax. Our records indicate that your Organization is currently exempt under section 501 (c)13) of the Internal Revenue Code. Our recorfi . indicate that your argini7ntion is also clan-WiPt' as A ptjhlir rwirit)( under section 509(aY2) of Pic Intornal Revenue Cocle. Our ror,urds indir^ite that ronifibutiopS .0 your OlgelliZ0,11orl are deductible Luldel'Sockni 170 Of the Cade, &id tr,,at you are qualified to receive tax deductible bequests, dovises, transfers or gifts under section 2055, 2106 ot 2522 of the Internal Revenuo Cocle. If you hava any que%ttonn, rIPjqp call its at thp tiIPphont3mjmbPrslwwm in thp hPading of this letter. Sincerely, z AtAA/At�,' Janna K. Sloifea, Director, I E/GE Cwstornor Account Services St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 17 EVALUATION CRITERIA NARRATIVE BUILDING CAPACITY Nature of financial and technical assistance to be provided to the recipients and the activities that will be conducted to deliver the technical assistance: St. Lucie County Community Services/Housing Division surveyed local non -profits to determine the best methods to increase local housing knowledge as it relates to each agency's goals. Below is a summary of the findings. Mustard Seed Ministries of Fort Pierce, Inc. provides rental assistance and foreclosure assistance to low to moderate income residents. The agency is interested in increasing its knowledge to apply for rental development funding. The agency is funded by private donors, FEMA, and St. Lucie County and has not applied for any grants in the past two years. Mustard Seed Ministries has basic to no experience in the skills the County is proposing to provide technical assistance. St. Lucie County Habitat for Humanity provides rehabilitation, reconstruction, purchase assistance, foreclosure prevention, disaster relief, and new construction to low income residents. The agency is interested in increasing its knowledge and ability to perform these strategies. It is funded by private donors, Habitat for Humanity International, St. Lucie County, HUD, the City of Port St. Lucie, and the City of Fort Pierce. It has applied for funding from the State for the Neighborhood Stabilization Program (NSP) and the Community Development Block Grant (CDBG) program within the past two years. The agency has basic experience in most areas and advanced experience with environmental reviews and budget management. Indiantown Non-profit Housing, Inc. (ITNP) provides rehabilitation, reconstruction, rental assistance, rental development, purchase assistance, foreclosure prevention, mitigation, weatherization, disaster relief, and new construction to low income residents in Martin, St. Lucie and Indian River Counties. The agency is open to training in all areas to expand their knowledge. ITNP has applied for and received funding from the following sources: DCA weatherization program, USDA 504 Rehabilitation, United Way, Community Foundation, Lost Tree Village Foundation, Martin County, and Florida Home Loan Bank Rehabilitation funds. INTACT provides minor rehabilitation, mitigation, and disaster relief to low income residents. The agency is interested in expanding to services provide rental and weatherization assistance with proper guidance. In the past two years, INTACT has applied for grants from Volunteer Florida Foundation and other non -profits, FEMA, My Safe Florida Home, and Social Services Block Grant. They claim to have basic experience in most proposed training areas, and they are very interested in training to expand their abilities. Sunrise City CHDO provides rehabilitation, reconstruction, rental development, purchase assistance, mitigation, weatherization, and new construction to low income clients in the Fort Pierce area. The CHDO is interested to expand to provide rental assistance and foreclosure prevention. Their sole funding source is the St. Lucie County HOME Consortium, and they have not applied for grants within St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 18 the past two years. The CHDO has expressed interest in all training areas, especially in seeking additional grants to meet the organization goals. The chart shows a breakdown of survey responses expressing need for training: (X=yes) Mustard INTACT Sunrise SL ITNP Training Class Seed City Habitat CHDO How to conduct an environmental review X X X No X Application intake and income X X X X X certification guidelines Contract signing procedures for No X X X X government programs Financial Reporting X X X X X Budget Management X X No No X Matching funds reporting X X X X X Annual reporting for SHIP, CDBG and X X No X X other programs Quarterly reporting for SHIP, CDBG and No X No X X other programs How to use available resources to answer X X X X X administration questions and search for grant opportunities How to propose a project to local No X X X X governments for funding Step by step guidance for housing X X X X X strategies How to apply for grant opportunities No X X X X Energy efficient products, pricing, cost X X X X X benefits, and rebate programs How to become a Community Housing No X X X X Development Organization How to become a HUD certified counselor X X X X X Assistance with program regulations for X X X X X SHIP, HHR, CDBG, HOME, etc. Based on the survey responses, local non -profits have expressed the need for more technical assistance than is currently received to expand their services and meet their maximum potential. Understanding that the County alone cannot meet the communitywide need for housing assistance, St. Lucie County Community Services proposed to hire a staff person that could work directly with the non -profits to meet their technical needs. The overall goal is to provide guidance during the grant period so that each non-profit will have trained staff to carry out the technical functions in the future. Nature of Financial and Technical Assistance: Technical assistance will be provided in the following areas to non -profits based on their expressed needs (see survey chart): St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 19 • How to perform an Environmental Review adhering to 24 CFR Part 58; • How to complete application intake, income qualification, and contracting procedures under various program rules; • How to become a Community Housing Development Organization; • How to track and report project and activity finances, goals met, and matching funds; • How to use available resources to answer administration questions and search for grant opportunities; • How to propose a CHDO activity to the lead entity for review/approval; • Development of a step-by-step process manual for each strategy to ensure consistency between projects and entities; • How to find and apply for additional funding; and • How to include energy efficient technologies in housing strategies. Technical assistance will range from basic to advanced depending on whether the non-profit has an immediate need for training. For example, every non-profit can participate in the group training sessions. But the St. Lucie County HOME Consortium partners will need advanced training in order to follow through with their goals. Prior to beginning, the County technical advisor will meet individually with each non-profit representative to determine the extent of training needed in each technical area. Each type of technical assistance will require research and development of training tools, such as presentations and reference guides prior to beginning training. The technical advisor will provide group training, to include all interested non -profits, before moving onto individualized training. The timeline on page sets forth a goal for each area to be covered and follow up assistance as needed during the three year period. Staff will also hold semiannual individual meetings with each entity to determine additional training needs and answer questions. Funding will be set aside to purchase technology equipment for the recipients as determined after individual meetings. Many of the non -profits are using outdated computers and limited programming to function, so the equipment will decrease operating time, and allow for further development of materials and systems to function more efficiently. How Assistance will Develop or Increase Recipients' Capacities: The County has identified individual goals or benchmarks to expand each participating non -profit's knowledge. The goals are in line with their agency's mission and will build local non-profit capacity to achieve housing activities. Goals will be developed further as part of training and development with each entity. Below is a list of each agency's goals they wish to accomplish after the three-year technical assistance period: Mustard Seed Ministries of Fort Pierce, Inc. • Increase staff knowledge to successfully administer, with minimal assistance, State funded SHIP, HHR, and CDBG sub -recipient programs (new function); • Become familiar with available resources to research grant opportunities and administer grants (expand existing function); • Become certified as a HUD certified counselor and seek grant opportunities to fund the program (new function); and St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 20 • Gain capacity to seek funding and provide minor energy efficient retrofits to low income clients that have high energy cost burdens (new function). St. Lucie County Habitat for Humanity • Receive CHDO certification within one year from technical assistance initiation (new function); • Gain the capacity and knowledge needed to expand services and successfully administer CHDO HOME funds through rehabilitation and reconstruction strategies (new function); • Gain the knowledge to income qualify SHIP clients rather than relying on Community Services/ Housing for application intake (expand existing function); and • Become familiar with available resources to research grant opportunities and administer grants (expand existing function). Indiantown Non-profit Housing, Inc. OTNP) • Increase in -staff capacity to perform environmental reviews for housing activities (expand existing function); • Increase knowledge of reporting requirements for local government programs in order to become more involved in the Martin County process (expand existing function); • Become certified as a HUD certified counselor for Martin County and seek grant opportunities to fund the program (new function); and • Increase staff knowledge to successfully administer, with minimal assistance, State funded SHIP, HHR, and CDBG sub -recipient programs (expand existing function). INTACT Sunrise City CHDO • Gain the capacity and knowledge needed to expand services and successfully administer CHDO HOME funds through rehabilitation and reconstruction strategies (expand existing function); • Gain the knowledge to income qualify clients rather than relying on Community Services/ Housing Division (new function); • Become familiar with available resources to research grant opportunities and administer grants (new function); • Shorten the time necessary to prepare and receive CHDO project approval to 7 days (expand existing function); and • Create procedure/system to increase ability to maintain separate detailed budgets for each project (expand existing function). St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 21 Measurement of Technical Assistance Results: Recipient goals (above) will be reviewed at each semiannual meeting with each recipient, as shown on the project timeline. The checklist will be used to track project benchmark goals. RECIPIENT Indiantown Non- INTACT Mustard Seed SL Habitat Sunrise City profit CHDO, Goal Actual Goal Actual Goal Actual Goal Actual Goal Actual fication, and Contract Requirements: 2 2 2 2 2 2 2 2 2 2 ledge 2 2 2 2 2 N 1 1 1 1 n/a 2 2 2 2 2 2 2 2 2 2 ledges =. r 2 2 2 2 2 45 ,£ A 2 2 2 2 2 ledge .;. 2 2 2 2 2 W r, 2 2 2 2 2 ledgee _, inual and Training: 2 2 2 2 2 ' 2 2 2 2 2 led e.:,•.'; Sources: 2 2 2 2 2 2 �letige �, 2 2 2 2 wining: 2 2 2 2 2 2 2 2 2 2 i i 1 i i St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 22 Measurement of Technical Assistance Results: Recipient goals (above) will be reviewed at each semiannual meeting with each recipient, as shown on the project timeline. The checklist will be used to track project benchmark goals. RECIPIENT Indiantown Non- INTACT I Mustard Seed I SL Habitat I Sunrise City BENCHMARKS profit CHDO Goal I Actual I Goal Actual Goal Actual Goal Actual Goal Actual Application Intake, Income Qualification, and Contract Requirements: Grow VabOlhop 2 2 2 2 2 # 2 2 2 2 2 #I — CHDO Certification Guidance: GroupfthAw # 2 2 2 2 2 One an one Uakting; 1 1 1 1 n/a Report Trainin : 2 2 2 2 2 Oneaftonetraialtv 2 2 2 2 2 Administration Resource Training: 2 2 2 2 2 # 2 2 2 2 2 #—Al�rir>�d se CHDO Project Proposal Training: 2 2 2 2 2 # OrwonOnetraWW 2 2 2 2 2 Sts-_by-stee Activity Press Manual and Training: GrOWWAdw 2 2 2 2 2 S 2 2 2 2 2 Finding and Applying for funding Sources: 2 2 2 2 2 # onecw0w 2 2 2 2 2 # Cease Energy Efficient Technologies Training: ennoballobv # 2 2 2 2 2 0won0nevrohdr4F #Staff—mwskflVhxxease 2 t 2 2 2 2 pI new 1 1 1 1 1 FWAft awarded! 1 1 1 1 1 Benchmarks to Measure Success: Overall goals are identified on page 20-21 and benchmarks for each non-profit are outlined on page 22. St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 22 EXPERTISE PAST PROJECTS INCLUDED: Mustard Seed Ministries Contact: Stacy Malinowski Phone: 772-464-1777 3130 S US Highway 1 Fort Pierce, FL 34982 Technical Advisor: Jennifer Hance Collective Project Amount: $200,000 Type of Financial and Technical Assistance: Since 2005, St. Lucie County has provided HHR and SHIP financial assistance to Mustard Seed Ministries to carry out Housing and Community Development activities such as re-entry education, rental assistance, utility assistance, and foreclosure prevention. For each funding contract, the County has served the non-profit as an advisor to ensure grant compliance. Prior to funding each individual project, Mustard Seed Ministries has sought guidance and approval based on eligibility, file completion, and program rules from County staff. To date, St. Lucie County has assisted Mustard Seed Ministries to provide assistance to over 50 clients throughout Fort Pierce and unincorporated St. Lucie County. Sunrise City CHDO Contact: Toby Philpart Phone: 772-466-3099/772-370-5095 1513 N 23rd St Fort Pierce, FL 34950-2023 Technical Advisor: Courtney Merricks Collective Project Amount: $500,000 Type of Financial and Technical Assistance: Since 2007, the St. Lucie County has provided HHR and St. Lucie County HOME Consortium funding assistance to the CHDO for new construction and rehabilitation activities. As the responsible entity, St. Lucie County has completed the environmental reviews, ensured program compliance, managed project finances, assisted in performing inspections, and provided program related training. St. Lucie County has assisted the Sunrise City CHDO to begin the rehabilitation of one housing unit for the purpose of redevelopment and resale, complete ten "Paint the Town" projects, two new construction projects, and the County HOME Consortium continues to assist to keep the CHDO on track towards its HOME Consortium goals. St. Lucie County Habitat for Humanity Contact: Garret Grabowski Phone: 772-464-1117 702 S. 6th Street Fort Pierce, FL 34950 Technical Advisor: Jennifer Hance Collective Project Amount: $500,000 Type of Financial and Technical Assistance: St. Lucie County Community Services continuously partners with Habitat for Humanity to fund new construction and rehabilitation projects with HHR and SHIP funds. For these clients, St. Lucie County has maintained financial records and completed application intake and income qualification on behalf of Habitat for Humanity. City of Fort Pierce Contact: Dorina Jenkins Phone: 772-462-2200 100N.US1 P.O. Box 1480 Fort Pierce, FL 34954 Technical Advisor: Jessica Parrish Collective Project Amount: $1,500,000 Type of Financial and Technical Assistance: St. Lucie County Community Services has provided technical and financial assistance to the City. In 2006, the County was the lead entity on a water and sewer project to install 4,966 linear feet of sewer lines and components in Fort Pierce. In 2008, the County funded and provided technical assistance to four families in Fort Pierce to receive rehabilitation disaster funding. The County is in the process of completing 20 more rehabilitation/replacement projects and providing technical assistance for a sewer installation project in the City. Technical assistance for these projects includes application intake, income qualification, procurement, construction inspections, record and budget keeping, and monitoring representation. St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 23 EXPERTISE CONTINUED: Furthermore, since 2004 the St. Lucie County Community Services/Housing Division has successfully applied for and administered the programs and activities listed below. The grant administration has provided all Housing staff hands-on education in technical administration of State and Federal funding. Programs Amount Activities Status Received 2004 CDBG Small Cities $750,000 a Rehabilitation Completed HOME Again $500,000 a Rehabilitation Completed CDBG Disaster Recovery 2004 $3 Million a Rehabilitation/reconstruction Completed e Water and Sewer Improvements CDBG Disaster Recovery 2005 $1.3 Million a Rehabilitation/reconstruction 90% Complete (Hurricane Jeanne) a Purchase Assistance e Slum & Blight e Infrastructure Project in Port St. Lucie CDBG Disaster Recovery — $4.5 Million a Rehabilitation/reconstruction 10 % Complete Supplemental (Hurricane Wilma) a Infrastructure Projects in Port St. Lucie & Fort Pierce Hurricane Housing Recovery $7.29 Million a Rehabilitation/reconstruction 80%Complete Program (HHR) a Purchase Assistance e Foreclosure Prevention e Rental Assistance e Rental Development e Disaster Relief St. Lucie County 2007 $658,912 a Down Payment FY 07 HOME Consortium 2008 $639,355 a Rehabilitation Encumbered/In 2009 $714,720 progress State Housing Initiative 04/05 $525,698 a Purchase Assistance FY 04-06 Partnership (SHIP) 05/06 $525,566 a Rehabilitation/reconstruction Complete / 06/07 $670,505 a Disaster Relief FY 09 pending 07/08 $672,559 allocation 08/09 $664,411 09/10 $106,259 My Safe Florida Home (MSFH) 2008 $750,000 a Mitigation Completed 2008 CDBG Small Cities 2009 $750,000 a Rehabilitation/reconstruction In Process Neighborhood Stabilization $3.98 Million a Purchase/rehabilitate/sale to first time Pending Program (NSP) home buyers contract e Purchase Assistance (Foreclosed properties) St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 24 EXPERTISE CONTINUED: Furthermore, since 2004 the St. Lucie County Community Services/Housing Division has successfully applied for and administered the programs and activities listed below. The grant administration has provided all Housing staff hands-on education in technical administration of State and Federal funding. Programs Amount Activities Status Received 2004 CDBG Small Cities $750,000 • Rehabilitation Complete HOME Again $500,000 • Rehabilitation Complete CDBG Disaster Recovery 2004 $3 Million • Rehabilitation/reconstruction Complete • Water and Sewer Improvements CDBG Disaster Recovery 2005 $1.3 Million • Rehabilitation/reconstruction 90% Complete (Hurricane Jeanne) • Purchase Assistance • Slum & Blight • Infrastructure Project in Port St. Lucie CDBG Disaster Recovery — $4.5 Million • Rehabilitation/reconstruction 10 % Complete Supplemental (Hurricane Wilma) • Infrastructure Projects in Port St. Lucie & Fort Pierce Hurricane Housing Recovery $7.29 Million • Rehabilitation/reconstruction 80% Complete Program (HHR) • Purchase Assistance • Foreclosure Prevention • Rental Assistance • Rental Development • Disaster Relief St. Lucie County 2007 $658,912 • Down Payment FY 07 HOME Consortium 2008 $639,355 • Rehabilitation Encumbered/In 2009 $714,720 progress State Housing Initiative 04/05 $525,698 • Purchase Assistance FY 04-06 Partnership (SHIP) 05/06 $525,566 • Rehabilitation/reconstruction Complete / 06/07 $670,505 • Disaster Relief FY 09 pending 07/08 $672,559 allocation 08/09 $664,411 09/10 $106,259 My Safe Florida Home (MSFH) 2008 $750,000 • Mitigation Complete 2008 CDBG Small Cities 2009 $750,000 • Rehabilitation/reconstruction In Process Neighborhood Stabilization $3.98 Million • Purchase/rehabilitate/sale to first time Pending Program (NSP) home buyers contract • Purchase Assistance (Foreclosed properties) St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 25 Fort Pierce city,. Florida - Fact Sheet - American FactFinder FacT SIFT Page 1 of 2 Fort Pierce- city, Florida taw a Fad sheet tar a race, abusc, or ancestry group Census 2M Demographic Probe HighUghts_ General Characteristics - show more» Number Percent U-S- Totab pap utatim 37.51$ map brief Mee 18.508 49.3 49.1% map brief Female 19,008 50-7 502% mars brief Median age (years) 35.4 (X) 35.3 mart brief Under 5 years Z644 7.6 62% map 18 years and over 27.313 7Z3 74.3% 65 years and over 6,501 17.5 114% map brief One race 3B.372 97.0 97-0% SVtrie 18.565 49Z 75.1% map brief Btad< or African fiamwican 15.326 40.9 12.3% map brief American balian and ,Alaska Native 122 0.3 D2% map brief Asian 29B 0.8 3.6% map brief Native Harman and Other Pacific Islander 30 GA 0.1 % map brief Some other race 2,011 5-4 5.5% map Two or more races 1,144 3.A 2.4% map brief Hispanic is or Latino (of any race) 5,629 15.0 1 Z5% map bid Household population 35.811 98-1 972% map brief Group s populaban 7D5 1.0 Z8% map Avg household size 258 (X) 259 map brief Average fanily size 3.19 (X) 3.14 map Total housing units 17.170 map Oocupied housing units 14.407 83.9 91A% beef Cw--occupiedhousigr s 7.871 532 662% reap Renter- occupied: housing units 6.736 48.8 338% map brief Vacant horsing units Z763 15-1 9.0% map Social Characteristics - show more» Number Percent U.B- Populabion 25 years and over 23.612 High school gpadtuale or higher 14.108 59-7 80-4% map brief BadneWs degree or higher 3.009 12.7 24.4% map Civilian vegans (titian population 18 yeas and 3.580 1 Z9 1Z7% map brief nnrer) Disability status (popuutatim 5 years and over) 10,554 30.5 19.3% trap brief Foreign born 8,897 18-4 t1.1% map brief Mate. Naar married, except separated (population 15 8.679 47.3 56-7% brief yeas and over) Fernaie, Now manned, except separated {population 0,052 40-9 521 % brief 15 years and over)_ _ English at homete {pop�utabon 6,591 24.8 17 9% map brief 55 years and over) Economic Charalerktics- show more » Number Percent U.B. In labor face (population 16 years ad over) 15,694 55.1 63.9% brief Mean irarel 6me to work it minutes (workers 10. years 24.6 V) 25Z reap brief and otter) Median household incmv in 1989 (deltas) 25,121 (X) 41.g94 map Median bmily income in 1999 (dollars) 29.458 (X) 5Dp46 mats Per capita income in 1M (dollars) 14.345 (X) 21 587 ma p Families below poverty lever Z251 25.4 9.2% map brief ln&aduuals below poverty level 11.471 302 12.4% maps Housing Characteristics - stow more >> Number Percent bl_B- SkVW-iarnilly owrw-acaupied homes 4.90 brief http.liiactfmckrcen=-gu lsm4eUSARTacts? erent=ClangeGeoConiext&geo i&--16 tO--- V12009 St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 26 In&antown CDP, Florida - Fact Sheet - American FactFinder FACT SHEET Indiantown CDP, Florida Census 2M Demographic Profile Highlights: General Characteristics - sham more s> Total paputafiun type Female Median age h+eas) Under 5 years 18 yeas and over 05 years are over One race ► fte Black or Airiran American American Indian and Alaska Native Asian Native Hawaiian and tither Pacific Islander Some other race Two or ornate races Ffrspa i c or Latino (of any rare) Household population Group quarters pWJab- Average household size Average family sae Total housing units Occupied housm9 units Owner -occupied housing units PxgAer-oomjpied'housing units vacant housing units Social Characteristics - show mare» Population 25 years and wen Hen sclhod graduate or higher Bachelor's degree or higher Civilian veterans (civian population 18 yeas and curer) Disability status (Population 5 years and over) Foreign tate Now married, except separaled (population 15 Fars and cn� ermi ow ff 'ad, enocept separated (population 15 years and over) Speak a language at herihan English at home (paputebon 5 years and over) EcorwxWc Characteristics -shah more» In labor force (population 18 yeas and over) Mean trard time b work in minutes (volt" 16 years are weI hWa n household income in 1999 (dollars) Median famly income in 1999 (dollars) Per capita income in 1999 (dollars) Farm below prr+wly level Indimiduals below pomV level Housing Characteristics - slow more» Since-iamly owrm-ocanpied lh mms Mew a Fad Sheet for a nrs� nillun6c, or mxmeb y group Number PenmA 5.588 3,082 552 Z506 44.8 29.7 M 484 8.7 3.845 58.8 908 182 5,415 964 2.588 452 t,173 21-0 128 23 11 02 54 14 1.483 28Z 173 3.1 2,734 48.9 5.588 1004 0 04 3.39 (X) 3.59 pCj 1,807 1.648 912 1.070 542 578 35.1 ilia 84 Number Percent 3.032 1,548 51.1 291 2-6 447 11.9 1.475 302 1.712 321 1.047 48.3 908 512 U.S_ 49.1% 504 L 35.3 6-8% 74.3% 12.4% 97.6% 75.17E 12.37E 0.9% 311% 0.1% 5.57% 2.4% 12.5% 972% 28% 2—Se 114 9147E 8627E 33.87E 9.0% U.S_ Page 1 of 2 map brief map brief map brief map brief map map brief map brief map brief mar brief map brief map brief map map brief rnap brief map brief MW map brief map MaP brief MW MW brief M 80.47E map brief 24.4% map 12.7% map brief 19.3% map brief 11.l% romp brief 5&7% brief 521% brie Z421 49.5 17.9% map brief Number Percent U.S. 2-252 58A 634% brief 38.1 (X) 25.5 map brief 28.977 (X) 41.994 math X675 (X) 50A46 map 11,085 (X) 21,%7 map 232 182 92% map brief 1.250 232 12.47E map Number Percent U_S_ 587 brief http://&ctfinder_ceum_govfsuvkVSAMacts? e%vnl=Search&geo id= il000US&-gwCo.._ €t1512009 St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 27 St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 28 SOUNDNESS OF APPROACH: Ability to provide the proposed financial and technical assistance based on prior accomplishments has been demonstrated: St. Lucie County has demonstrated its ability to provide technical assistance on page 4-7 in the Expertise section. The proposed financial and technical assistance program is clearly stated and the applicant has defined how this proposal will be implemented. The plan for implementation is viable: This section is addressed on pages 19-23, Overview and Building Capacity sections. Cost effectiveness/Grant and match are used to the maximum capacity: This section is addressed on page 2, Budget Proposal meets the RCDI objectives: This criteria is covered on pages 18-23, Overview, Building Capacity and RCDI Purposes St. Lucie County Board of County Commissioners Rural Community Development Initiative (RCDI) Page 29 COUNT y F L O R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Community Services/Housing Division Equipment Request EQ09-042 See attached memorandum. ITEM NO. VI-E4 DATE: 08/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED B Jessica Parrish Housing Man e ?, 189201-6420-564000-600 Hurricane Housing Recovery Program N/A RECOMMENDATION: Board approval of Equipment Request E009-042 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED OTHER ( � Faye W. Outlaw, MPA County Administrator Approved 5-0 Coordination/Si�natun3s County Attorney ( ) OMB Director ( ) Budget Analyst Danie S. McIntyre Marie Sophia Holt Originating Dept. ( ) Beth Ryder COUNTY F LORI DA-46 TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manager DATE: 08/25/09 SUBJECT: Equipment Request EQ09-042 ITEM NO. VI-E4 Background: Community Services MEMORANDUM The Community Services Housing Division has experienced an increase in grant funding over the past year which required hiring additional staff to manage the new programs. It is necessary to purchase two new computers in order to perform the program tasks. The purchase of the computers is an eligible grant expense under the Hurricane Housing Recovery Program. Recommendation Board approval of Equipment Request EQ09-042 and authorization for the Chair to sign documents as approved by the County Attorney. Attachment: Equipment Request EQ09-042 IT Quote 118178 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2008-2009 AGENDA DATE: AUGUST 25, 2009 DEPARTMENT: Community Services RECOMMENDED: X YES NO REVISED DIVISION: Housing APPROVED: I YES NO REVISED EQUIPMENT: Desktop Computers IIADDITIONA. COSTS BUDGET AMOUNT: $ 2,332.00 X NEW I REPLACEMENT I YES ix[No This equipment will be purchased using grant funds from the Hurricane Housing Recovery Program. The Board has approved two new Housing Program Specialists that will oversee new grants. Due to Community Services lack of additional computers, it is necessary to purchase two new computers in order for new staff to perform daily tasks. PMENT REQ#: EQ# 09-042 189201-6420-564000-600 BOARD OF COUNTY 4 COMMISSIONERS ST. LUCIE COUNTY ifOrmaHon Technology _ Va 2300 VIRGINIA AVENUE IT Quote FORT PIERCE, FL. 34982 lone: (772) 462-1681 Fax: (772) 462-1443 NAME/DEPARTMENT Jessica Parrish Community Services 772-462-2857 VENDOR INFORMATION Dell Computer Corporation Shannon Graham One Dellway RR2E, Box 4 Round Rock, TX 78682 Phone: 800-981-3355 Fax:800-433-9527 Product Description Part No. Quantity Price Extended Dell 22" Flat Panel Widescreen E228FP Dell OptiPlex 760 Standard with Software 2 2 0.00 1,166.00 0.00 2,332.00 Sub Total $2,332.00 Shipping Price $0.00 Price Adjustment $0.00 I Total $2,332.00 The goods and/or services as quoted hereon have been requested in the quanity and quality stated. Quotes are valid for 30 days unless othewise stated. DOTE VALID UNTIL 09/07/2009 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved: ❑ Denied: ❑ Authorized Signature Date both f BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY Infomiffon Technology ` 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 Phone: (772) 462-1681 Fax: (772) 462-1443 NAME/DEPARTMENT Jessica Parrish Community Services 772-462-2857 Date 08/06/2009 IT Quote Quote / Work Order # VENDOR INFORMATION Dell Computer Corporation Shannon Graham One Dellway RR2E, Box 4 Round Rock, TX 78682 Phone:800-981-3355 Fax: 800-433-9527 118178 Product Description Part No. Quantity Price Extended Dell 22" Flat Panel Widescreen E228FP 2 0.00 0.00 Dell O tiPlex 760 Standard with Software 2 1,166.00 2,332.00 NOTES: Sub Total $2,332.00 Shipping Price $0.00 Price Adjustment $0.00 The goods and/or services as quoted hereon have been requested in the quanity Total $2,332.00 and quality stated. Quotes are valid for 30 days unless othewise stated. DOTE VALID UNTIL 09/07/2009 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved: ❑ Denied: ❑ Authorized Signature Date Please sign both copies COUNTY F L O R I D A AGENDA REQUEST ITEM NO. DATE: REGULAR PUBLIC HEARING LEG. QUASWD VI—F 08/25/2009 CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ken J. Mascara SUBMITTED BY: St. Lucie County Sheriffs Office, Administration Sheriff SUBJECT: Permission to accept the 2009 Recovery Act: Edward yme Memorial Justice Assistance (JAG) Program — Local Solicitation Grant. BACKGROUND: The U.S. Department of Justice, Office of Justice Programs and Bureau of Justice Assistance have designated St. Lucie County to be the lead applicant and administrator for the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Program — Local Solicitation Grant. Upon acceptance, this $479,113 award will be split 50/50 between the St. Lucie County Sheriffs Office ($239,556.50) and the Ft. Pierce Police Department ($239,556.50). JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice programs. Each Law Enforcement agency will conduct its own local initiative and provide the St. Lucie County Office of Management and Budget with the required expenditure backup documentation and reports required for reimbursement of grant funding. No matching funds are required. FUNDS AVAILABLE: 107161-2110-331210-200 Recovery Act: Edward Byrne Memorial (JAG) Grant. PREVIOUS ACTION: April 7, 2009 — BOCC approval to apply. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the acceptance of the 2009 Recovery Act: Edward Byme Memorial Justice Assistance (JAG) Program —Local Solicitation Grant (2009-SB-B9-3137) in the amount of $479,113. Budget Resolution No: 09-246. COMMISSION ACTION: CONCURRENCE: ( APPROVED () OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) ( ) DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director ( ) Budget Analyst Dan McIntyre Marie Gouin (1 r _A.4� y O.Li Sophia Holt (Name) ERD ( ) (Name) Department Name MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriffs Office, inistration DATE: Tuesday, August 25, 2009 SUBJECT: Request to accept the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Program — Local Solicitation Grant. ITEM NO. VI — F Backaround: The U.S. Department of Justice, Office of Justice Programs and Bureau of Justice Assistance has designated St. Lucie County to be the lead applicant and administrator for the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Program — Local Solicitation Grant. Upon acceptance this $479,113 award will be split 50150 between the St. Lucie County Sheriffs Office ($239,556.50) and the Ft. Pierce Police Department ($239,556.50). JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice programs. Each Law Enforcement agency will conduct its own local initiative and provide the St. Lucie County Office of Management and Budget with the required expenditure backup documentation and reports required for reimbursement of grant funding. Recommendation Staff recommends that the Board of County Commissioners authorize the acceptance of the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Program —Local Solicitation Grant (2009- SB-69-3137) in the amount of $479,113. Budget Resolution No: 09-246. RESOLUTION NO. 09-246 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 Edward Byrne JAG Grant from the U. S. Department of Justice in the amount of $479,113. 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 25th day of August, 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 107161-2110-331210-200 U. S. Department of Justice $479,113 APPROPRIATIONS 107161-2110-581090-200 City of Fort Pierce $239,557 107161-2110-591900-200 Transfer to Sheriff $239,556 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 25TH DAY OF AUGUST, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA L--0 CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Department of Justice 3 ,i{ Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Ff aahitiglon, D.C. 20531 August 11, 2009 Ms. Faye Outlaw County of Saint Lucie 2300 Virginia Avenue Fort Pierce, FL 34984 Dear Ms. Outlaw: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation in the amount of $479,113 for County of Saint Lucie. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Naydine Fulton -Jones, Program Manager at (202) 514-6661; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, James H. Burch H Acting Director Enclosures Department of Justice Office of Justice Programs Office for Civil Rights Wavhingtnn, D.C. 20531 August 11, 2009 Ms. Faye Outlaw County of Saint Lucie 2300 Virginia Avenue Fort Pierce, FL 34984 Dear Ms. Outlaw: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery oi'services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more inl'ormation on the regulation, please see OCR's wcbsitc at http://w%%,w.ojp.usdoj.gov/ocr/ctfbo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case -by -case basis, to require that its funding agencies permit faith -based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring stall, even if the statute that authorizes the funding program generally forbids cAmsidering ol'religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints fmm both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(]) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.13, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.uwoj.gov/ocr/ecop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR_ The Certification Form can be found at httpJ/www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organisation must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for rcvicw. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all ol'the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sinccrcly, a A&A---- Michael L. Alston Director cc: Grant Manager Financial Analyst � Department of Justicc I Office of Justice Programs PAGE 1 OF 10 Bureau of Justice Assistance Grant 1. RECIPIENT NAME AND ADDRESS (including Zip Code) County of Saint Lucie 2300 Virginia Avenue 4. AWARD NUMBER: 2009-SB-B9-3137 5. PROJECT PER TOD: FROM 03/01/2009 TO 02/292013 Fort Pierce. FL 34984 BUDGET PERIOD: FROM 03/012009 TO 02/28/2013 i 6. AWARD DATE 09/112009 7. ACTION IA. GRANTEE iRS/VENDOR NO. 8. SUPPLEMENT NUMBER initial 596000935 00 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TiTLE 10. AMOUNT OF THiS AWARD $ 479,113 Special Projects for St. Lucie County Sheriffs Office and the Fort Pierce 11. TOTAL AWARD $ 479,113 Police Deparnncnt, St. Lucie County, FL 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT iS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). I I 13. Sl'A l'U JURY AUTHORITY FOR GRANT This project is supported under FY09 Recovery Act (BJA-Bymc JAG) Pub. L. No. 111-5, 42 USC 3750-3758 f 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL James H. Burch 11 Faye Outlaw Acting Director i County Administrator 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED_ RECIPIENT OFFICIAL 19A. DATE AGL•NCY USL ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. ISBUGT2893 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT 9 B SB 80 00 00 479113 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) i Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 10 Grant PROJECT NUMBER 2009-SB-B9-3137 AWARD DATE 08/ 112009 SPECIAL CONDITIONS j l . The recipient agrees to comply with the financial and administrative requirements set forth in the current edition ofthe Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.FR- Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and fiJrther understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5_ The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bnbery, gratuity, or j similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential Baud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W_ Room 4706 Washington, DC 20530 e-mail: oig hotline(ausdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www_usdoj_gov/oig. 6. RECOVERY ACT — Conflict with Other Standard Terms and Conditions The recipient understands and agrees that all other terms and conditions contained in this award, or in applicable OJP grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act) requirements. Recipients are responsible for contacting their grant managers for any needed clarifications. OJP FORM 40002 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2009-SB-B9-3137 AWARD CONTINUATION SHEET Grant AWARD DATE 08/11.2009 SPECIAL CONDITIONS PAGE 3 OF 10 7. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will he funded by the grant, the grantee agrees to contact BJA_ The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met_ The activities covered by this special condition are: a- New construction, b_ Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d_ Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories_ The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at [website], for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 8. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 9. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by law and detailed by the BJA in program guidance for the Justice Assistance Grant (JAG) Program_ Compliance with these requirements will be monitored by BJA. 10. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C_F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R_ Part 23 to he applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d)_ Recipient may not satisfy such a fine with federal funds. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 4 OF TO Grant PROJECT NUMBER 2009-SB-B9-3137 AWARD DATE 08/112009 SPECIAL CONDITIONS 11. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith - based organizations may, in some circumstances, consider religion as a basis for employment. See http://www_ojp.gov/about/ocr/equal_fbo.htm. 12. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www_itojp.gov/default_aspx?area=policyAndPractice&page=1046. 13. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 14. RECOVERY ACT - JAG - Trust Fund The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest -bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of either the Edward Byrne Memorial Justice Assistance Grant Program (JAG) or Recovery JAG Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days alter the end of the grant period, along with the final submission of the Financial Status Report (SF-269). 15. RECOVERY ACT — Access to Records; Interviews The recipient understands and agrees that DOJ (including OJP and the Office of the Inspector General (O1G)), and its representatives, and the Government Accountability Office (GAO), shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subrecipient, contractor, or subcontractor. The recipient also understands and agrees that DOJ and the GAO are authorized to interview any officer or employee of the recipient (or of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act award. 16_ RECOVERY ACT — One-time funding The recipient understands and agrees that awards under the Recovery Act will be one-time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional DOJ funding. OJP FORM 40002 (REV. 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION j f Bureau of Justice Assistance SHEET ! PACE OF 10 Grant i PROJECT NUMBER 2009-SB-B9-3137 AWARD DATE OK/I 12009 SPECIAL CONDITIONS 17. RECOVERY ACT — Separate Tracking and Reporting of Recovery Act Funds and Outcomes The recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including DOJ award funds from non -Recovery Act awards awarded for the same or similar purposes or programs_ (Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accounting systems of the recipient and all subrecipients must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The recipient further agrees that all personnel (including subrecipient personnel) whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non -award - related activities. 18. RECOVERY ACT — Subawards — Monitoring The recipient agrees to monitor subawards under this Recovery Act award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 19. RECOVERY ACT — Subawards — DUNS and CCR for Reporting The recipient agrees to work with its first -tier subrecipients (if any) to ensure that, no later than the due date of the recipient's first quarterly report after a subaward is made, the subrecipient has a valid DUNS profile and has an active registration with the Central Contractor Registration (CCR) database. 20. RECOVERY ACT - Quarterly Financial Reports The recipient agrees to submit quarterly financial status reports to OJP. At present, these reports are to be submitted on-line (at https://grants.ojp_usdoj.gov) using Standard Form SF 269A, not later than 45 days after the end of each calendar quarter. The recipient understands that after October 15, 2009, OJP will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days after the end of each calendar quarter, using the government -wide Standard Form 425 Federal Financial Report from (available for viewing at www.whitehouse.gov/omb/grants/standard forms/ffr.pdf). Beginning with the report for the fourth calendar quarter of 2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OJP on- line (at httpsJ/grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form, not later than 30 days after the end of each calendar quarter_ The final report shall be submitted not later than 90 days following the end of the grant period - ON FORM 400012 (REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION { = Bureau of Justice Assistance SHEET PAGE 6 OF 10 �F Grant PROJECT NUMBER 2009-SB-B9-3137 AWARD DATE 09/110-009 SPECIAL CONDITIONS 21. RECOVERY ACT — Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients (a) The recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215-21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations' and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments)_ (b) The recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A-133. This condition only applies if the recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Govemments, and Non-Prolit Organizations" This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA=' in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF - SAC. (c) The recipient agrees to separately identify to each subrecipient the Federal award number, CFDA number, and amount of Recovery Act funds, and to document this identification both at the time of subaward and at the time of disbursement of funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) The recipient agrees to require its subrecipients to specifically identify Recovery Act funding on their SEFA information, similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of Recovery Act funds as well as facilitate oversight by the Federal awarding agencies, the DOJ OIG, and the GAO. 22. RECOVERY ACT — Reporting and Registration Requirements under Section 1512 of the Recovery Act. (a) This award requires the recipient to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award Information from these reports will be made available to the public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first -tier recipients must maintain current registrations in the Central Contractor Registration (www.cer.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at www.FederalReporting_gov and ensure that any information that is pre -filled is corrected or updated as needed. OJP FORM 4000/2 (REV. 488) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 7 of 10 Grant I PROJECT NUMBER 2009-SB-B9-3137 AWARD DATE 08/112009 SPECIAL CONDITIONS 23. RECOVERY ACT Provisions of Section 1512(c) The recipient understands that section 1512(c) of the Recovery Act provides as follows: Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains— (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including — (A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 24. RECOVERY ACT — Protecting State and Local Government and Contractor Whistleblowers (Recovery Act, section 1553) The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non - Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdcj.gov/recovery. 25. RECOVERY ACT — Limit on Funds (Recovery Act, section 1604) The recipient agrees that none of the funds under this award may be used by any State or local govermnent, or any private entity, for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 26. RECOVERY ACT — Infrastructure Investment (Recovery Act, sections 1511 and 1602) The recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act Should the recipient decide to use funds for infrastructure investment subsequent to award, the recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from OJP. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections 1511 and 1602) is available at www.ojp.usdoj.gov/recovery. OJP FORM 400012 (REV. 4-98) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 8 OF 10 Grant PROJECT M MBER 2009-SB-B9-3137 AWARD DATE 08/11/2009 SPECIAL CONDITIONS 27. RECOVERY ACT Buy American Notification (Recovery Act, section 1605) The recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the OJP program office, and a Grant Adjustment Notice is issued that modifies this special condition to add government -wide standard conditions (anticipated to be published in subpart B of 2 C.F.R- part 176) that further implement the specific requirements or exceptions of section 1605. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements. For purposes of this special condition, the following definitions apply: "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi -State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Manufactured good" means a good brought to the construction site for incorporation into the building or work that has been— (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. For purposes of OJP grants, projects involving construction, alteration, maintenance, or repair of jails, detention facilities, prisons, public crime victims' shelters, police facilities, or other similar projects will likely trigger this provision - NOTE: The recipient is encouraged to contact the OJP program manager — in advance — with any questions concerning this condition, including its applicability to particular circumstances. ON FORM 4000/2 (REV.4-88) Department of Justice Office of Justice Programs f Bureau of Justice Assistance PROJECT NUMBER 2009-SB-B9-3137 AWARD CONTINUATION SHEET Grant AWARD DATE 08/11/2009 SPECIAL CONDITIONS PAGE 9 OF 10 28. RECOVERY ACT — Wage Rate Requirements under Section 1606 of the Recovery Act (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganisation Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that section. The standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the project_ The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29. RECOVERY ACT — NEPA and Related Laws The recipient understands that all OJP awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The recipient agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award 30. RECOVERY ACT — Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. RECOVERY ACT — Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future OJP (including government -wide) guidance and clarifications of Recovery Act requirements. 32. RECOVERY ACT - JAG - Delinquent section 1512(c) reports The recipient acknowledges that it has certified that it will comply with all reporting requirements under section 1512(c) of the Recovery Act. (An online reporting mechanism is anticipated to be available for award recipient use by October 10, 2009_) Further to this certification, a failure to comply with the section 1512(c) reporting requirements may, in addition to other penalties, subject the recipient to the following: (1) After failure to report section 1512(c) data for two consecutive reporting periods, the recipient may be (a) precluded from drawing down funds under any OJP award, and/or (b) deemed ineligible for future discretionary OJP awards, until such time as the recipient becomes current in its section 1512(c) reporting obligations; and (2) After failure to report section 1512(c) data for three consecutive reporting periods, the recipient, upon written demand of the Director of BJA, shall return to OJP any unexpended award funds (including any unexpended interest earned on award funds) within 15 calendar days of the date of the demand notice_ Thereafter, the recipient's award shall be converted to a cost -reimbursable grant until such time as the recipient becomes current in its section 1512(c) reporting obligations, and remains current for not less than two additional consecutive reporting periods. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE W OF 10 Grant i PROJECT NUMBER 2009-SB-B9-3137 AWARD DATE 091112009 SPECIAL CONDITIONS 33. RECOVERY ACT - Certification of Investment Infrastructure Recipient has certified that it does intend to use some portion of this award for infrastructure investment projects_ Except to the extent, if any, that BJA has given prior written approval to expend funds to conduct the review and vetting required by law, recipient may not draw down, obligate, or expend any funds received under this award for any infrastructure investment project until (1) section 1511 of the Recovery Act has been satisfied for each such infrastructure project, including the requirement that an adequate project -specific certification has been executed (by the Governor, mayor, or other chief executive as appropriate), posted, and submitted to BJA; and (2) all applicable requirements under the National Environmental Protection Act and other relevant federal environmental and preservation laws have been satisfied - OR FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Maria A. Berry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of Saint Lucie The Recovery Act emphasizes the importance of compliance with the National Environmental Policy Act (NEPA) in the use of public funds. The Recovery Act - Edward Byme Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a l QO-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.govBJA/resource/nepa.httnl. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Department of Justice r GRANT MANAGER'S MEMORANDUM, PT. L• " - office of Justice Programs PROJECT SUMMARY '- Bureau of Justice Assistance ``, Grant PROJECT NUMBER PAGE I OF 1 2009-SB-B9-3137 This project is supported under FY09 Recovery Act (BJA-Byrne JAG) Pub. L. No. 111-5, 42 USC 3750-3758 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Naydine Fulton -Jones William Simon 1 (202) 514-6661 Grant Programs Administrator 4700 W. Midway Road Fort Pierce, FL 34981-4825 I (7721462-3359 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) j BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation 1 I 4. TITLE OF PROJECT Special Projects for St. Lucie County Sheriff's Office and the Fort Pierce Police Department, St. Lucie County, FL 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE County of Saint Lucie � 2300 Virginia Avenue Fort Pierce, FL 34984 7. PROGRAM PERIOD 1 S. BUDGET PERIOD FROM: 03/012009 TO: 02/282013 FROM: 03/012009 TO: 02/282013 9. AMOUNT OF AWARD 10. DATE OF AWARD $479,113 08/112009 I 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. TH [RD YEAR'S BUDGET AMOUNT j � I 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) This grant program is authorised by the American Recovery and Reinvestment Act of 20M (Public Law 111-5) (the "Recovery Act) and by 42 U.S.C. 3751(a). The slaked purposes of the Recovery Act are: to preserve and create jobs and promole economic recovery; to assist Those must impacted by the recession; to provide investments needed to increase economic efficiency by spurring technological advances in science and health; to invest in transportation, environmental protection and other infrastructure that will provide long-term economic benefits; and to stabilize state and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases. The Recovery Act places great emphasis on accountability and transparency in the use of taxpayer dollars. Among other things, it creates a new Recovery Accountability and Transparency Board and a new website — Recovery.gov — to provide information to the public, including access to detailed information on grants and contracts made with Recovery Act funds. OJP FORM 4000/2 (REV. 4-88) The Justice Assistance Grant (JAG) Program funded under the Recovery Act is the primary provider of federal criminal justice funding to state and local jurisdictions. Recovery JAG fiords support all components of the criminal justice system, from multi -jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. Recovery JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The disparate jurisdictions of St. Lucie County and Fort Pierce City will use their Ro wvery Ad JAG award to assist both the SL Lucie County Sheriffs Office and the Fort Pierce Police Department in the prevention and control of crime in St Lucie County. The grant funds will be equally spilt between both law enforcement agencies. The grant will enable both the Fort Pierce Police Department and the St Lucie County Sheriffs Office to purchase law enforcement equipment and supplies. St. Lucie County, serving as the fiscal agent, will use its portion of the award to contract with a service provider to provide the sheriffs office with critical infrastructure security enhancements, upgrade the multi -agency firearms shooting range and training facility, provide training for the training unit supervisor, and purchase first responder PK4 cartridge mask filters and law enforcement -related equipment and supplies. The Fort Pierce Police Department will use its share of the funds to enhance its road patrol traffic enforcement capabilities with the purchase of an automatic vehicle locator system, upgrade 10 patrol cars with m-car video systems and capabilities, computer hardwareJroftware, and other law enforcement equipment and supplies. NCA/NC.'F AGENDA REQUEST ITEM NO. VI-G1 DATE: 08/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Roberta Breene 94M SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: Phase 2, Taylor Creek Dredging and Restoration - Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140001-4315-563000-4657, Port Development Fund — Taylor Creek Improvement PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit a grant application to the Florida Seaport Transportation and Economic Development Council for Phase 2, Taylor Creek Dredging and Restoration. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) A of�l Daniel McIntyre Marie Goui Budget Analyst (X) Patty Marston Originating Dept. (X) Public Works (X) zd�zl Director i liam Hoeffner Don West Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner04/ Grants/Disaster Recovery Director FROM: Roberta Breene /el3 Grants/Resource Developer DATE: August 25, 2009 SUBJECT: Phase 2, Taylor Creek Dredging and Restoration - Grant Application ITEM NO. VI-G1 Background: This agenda item requests Board authorization to submit a grant application to the Florida Seaport Transportation and Economic Development Council to assist with funding Phase 2 of the Taylor Creek Dredging Restoration project. The Taylor Creek Dredging Restoration Project will dredge Taylor Creek from the South Florida Water Management District Canal C-25 spillway and the Fort Pierce Farms Water Control District Canal Number One to the Indian River Lagoon. The 40-year accumulation of sediments has inhibited navigational access to Taylor Creek and posed a threat to sea grass health in the Lagoon. The project will restore Taylor Creek to its original design depth or hard sand bottom and will remove a total of approximately 205,000 cubic yards of muck sediments. The project has been divided into three phases: • Phase 1 of the dredging has been completed. Approximately 95,000 cubic yards of muck sediments have been removed from the navigation channel east of the Railroad Bridge to the Indian River Lagoon. • Phase 2 will include dredging approximately 110,000 cubic yards of muck sediments from west of the Railroad Bridge to the C -25 spillway structure. • Phase 3 was completed in 2008 and included shoreline stabilization. The cost of Phase 2 is $3,500,000. The funding agency is being asked for $1,750,000 (50%) and the grant requires a 1:1 match. The County's match of $1,750,000 is available in Account No. 140001-4315-563000-4657, Port Development Fund — Taylor Creek Improvement. Recommendation: Board authorization to submit a grant application to the Florida Seaport Transportation and Economic Development Council for Phase 2, Taylor Creek Dredging and Restoration. ITEM NO. VI — G2 DATE: 08/26/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jody Bonet SUBMITTED BY: Grants/Disaster Recovery Cultural Affairs Manager SUBJECT: Extension of Art in Public Places Contract, Lakewood Park Sculpture. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Art in Public Places Works of Art account #665-7310-567000-700. PREVIOUS ACTION: The Board approved the original contract on November 25, 2008. RECOMMENDATION: Board approval of the First Amendment to the Art in Public Places contract C08- 11-550 to allow for a two -month time extension for the Lakewood Park sculpture. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) OTHER Approved 5-0 County Attorney (X) ( ) DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures Management & Budget( ) Daniel McIntyre N't Originating Dept. (X) it iam Hoeffner Management & Budget Marie Gouin I �, Rob O'Sullivan ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants and Disaster Recovery Directorz' FROM: Jody Bonet, Cultural Affairs Manager DATE: August 25, 2009 SUBJECT: Extension of Art in Public Places Contract, Lakewood Park Sculpture. ITEM NO. VI — G2 Background: On November 25, 2008, the Board approved a contract with St. Lucie County artist, David Langley, to create the "Children of the World" sculpture for Lakewood Park. The original contract ends on September 1, 2009. The work cannot be completed by the contract expiration date. It is anticipated the work can be completed prior to November 1, 2009. An amendment to the contract is therefore needed to extend the contract by two -months. Recommendation Board approval of the First Amendment to the Art in Public Places contract C08-11-550 to allow a two -month time extension for the Lakewood Park sculpture. r u FIRST AMENDMENT TO NOVEMBER 25, 2008 AGREEMENT C08-11-550 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 DAVID LANGLEY, (the "Artist"). WHEREAS, on November 25, 2008, the parties entered into an agreement, hereinafter referred to as the "Agreement" for creation of public art for Lakewood Park Regional Park; and, WHEREAS, the parties desire to amend the Agreement to change the time of performance. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Section 3.1 of the Agreement, Time of Performance, shall now read as follows: 3.1. Time of Performance. Any and all services by the Artist and the Artist's subcontractors in connection with the Work of Art shall commence upon "Notice to Proceed" issued by the County's Project Manager and all services shall be completed on or before November 1, 2009. All services shall be in accordance with the construction schedule submitted by the Artist and approved by the County. Reasonable extensions may be granted by the County in the event that conditions beyond the Artist's control, or Acts of God, render compliance with the construction schedule impossible. The County shall be the sole judge of what conditions are "beyond the Artist's control." 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 DEPUTY CLERK -1- BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: DAVID LANGLEY -2- TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Grants/Disaster Recovery Department ITEM NO. VI-G3 DATE: 08/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Roberta Breene 446 Grants/Resource Developer St. Lucie County International Airport, Travel Survey and Marketing Strategy — Grant Application See attached memorandum. N/A. No cash match is required. See attached memorandum. RECOMMENDATION: Board authorization to submit a grant application to the U.S. Department of Transportation, Office of Aviation Assistance, Small Community Air Service Development for travel survey and marketing strategy, if indicated. COMMISSION ACTION: CONCURRENCE: (�) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) Daniel McIntyre MariMoui Budget Analyst (X) Patty Marston Originating Dept. (X) Public Works (X) T Director 2V D L WI1liAnh Hoeffner Diana Lewis Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William HoeffnereNV Grants/Disaster Recovery Director FROM: Roberta Breene `�Q Grants/Resource Developer DATE: August 25, 2009 SUBJECT: St. Lucie County International Airport, Travel Survey and Marketing Strategy — Grant Application ITEM NO. VI-G3 Background: This item requests Board authorization to submit a grant application to the U.S. Department of Transportation, Office of Aviation Assistance, Small Community Air Service Development for funding not to exceed $200,000. The purpose is to collect data through surveying travel interests of potential passengers in the region and to develop a marketing strategy, if indicated. Some community organizations and businesses have expressed interest in the possibility of commercial air service. However, there is not current data to determine whether such a service could be supported. In addition to information obtained through on -site review of the airport and interviews with airport management, fixed -base operators, air traffic control, and representatives of the County, previous reports and studies will be collected and analyzed. The study is anticipated to include a Passenger Demand Analysis, which will develop in-depth information on the travel patterns of local airline passengers who travel to/from the geographic area served by St. Lucie International Airport. This analysis will examine information such as: (1) the originating airports used; (2) an estimate of total airline passengers in the catchment area; (3) passenger traffic and related destinations, including domestic, regional and international; (4) airlines used by local air travelers; and (5) average airfares by origin/destination airport. In addition, groundwork will be laid for a marketing study, if so indicated. The cost of the study is estimated to be $200,000. However, communities providing local cash or in - kind contributions and demonstrating public/private partnerships are given priority consideration. The County has no cash match, but will include staff time and postage for the survey as match. Previous Action This grant was applied for unsuccessfully in both 2007 and 2008. Recommendation: Board authorization to submit a grant application to the U.S. Department of Transportation, Office of Aviation Assistance, Small Community Air Service Development for travel survey and marketing strategy, if indicated. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Grants / Disaster Recovery SUBJECT: Project Can Do — Letter of Intent and Resolution BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-5215-582000-500 County Job Incentive PREVIOUS ACTION: N/A ITEM NO. VI-G4 DATE: 08/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: William Hoeffner Director RECOMMENDATION: Board approval of Resolution 09-233 recommending that Project Can Do be approved as a qualified target industry business pursuant to Section 288.106, Florida Statutes; providing an appropriation of $128,000 as local participation in the Qualified Target Industry Tax Refund Program; and providing an effective date. Also, Board authorization to have the County Administrator send a Letter of Intent to offer Project Can Do: (1) An Impact Fee Mitigation phased over three years subject to Project Can Do making an approximate capital investment of $27,000,000 in St. Lucie County and employing 160 persons at an average annual wage of $60,000 (Estimated Value = $128,400), (2) An Ad Valorem Tax Abatement phased over ten years subject to Board approval at a public hearing, Project Can Do making an approximate capital investment of $27,000,000 in St. Lucie County and Project Can Do employing 160 persons at an average annual wage of $60,000 (Estimated Value = $1,113,750). COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER _ Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) Originating Dept. ( ) Daniel McIntyre 011�?� - -VVffligm' Hoeffner OMB Director ( ) Budget Analyst Marie 6oun 40 Jennifer Hill ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners �j FROM: William Hoeffner, Grants/Disaster Recovery Directovo DATE: August 25, 2009 SUBJECT: Resolution 09-183 - Project Can Do ITEM NO. VI-G4 Background: Florida's Qualified Target Industry Tax Refund (QTI) incentive is available for companies that create high wage jobs in targeted high value-added industries. This incentive includes refunds on corporate income, sales, ad valorem, intangible personal property, insurance premium, and certain other taxes. Pre -approved applicants, who create jobs in Florida, receive tax refunds of $3,000 per net new Florida full-time equivalent job created. For businesses paying 150% of the average annual wage, an additional $1,000 per job is available. The local community where the company locates is required to contribute 20% of the total tax refund. Project Can Do is a medical diagnostics research and manufacturing company that intends to locate within St. Lucie County and hire 160 full-time employees at an average annual wage of $60,000. This is 169% above St. Lucie County's average annual wage. The company plans to make a $27,000,000 capital investment. Based upon the number of jobs, the average projected wage and St. Lucie County's Economic Development Ordinance (Sec1-7.55-1); the company may be eligible for a 100% impact fee mitigation. It is estimated impact fees will total $128,400. Project Can Do will have to pay the impact fees and the County will then reimburse these fees. Reimbursement must come from an alternative funding source. It is recommended the impact fee be reimbursed over a period of three years through three equal payments from Fund 001-5215-582000-500 (County Job Incentive). The company may also be eligible for an ad valorem tax abatement phased over ten years and estimated to be valued at $1,113,750. Project Can Do is applying for the State's QTI incentive which, if approved, will be equal to $640,000. The State's application requirements include a local county government resolution in support of the company's plans and a 20% local financial match. Resolution 09-233 in support of the Project Can Do's application is attached as Addendum 1. The required 20% match is equal to $128,000. Proposed local incentives, which can be used as the required local match, exceed the required $128,000. If Impact Fee Abatement and Ad Valorem Tax Abatement incentives are approved by the Board, local incentives to be provided shall be the following: $128,400 - Impact Fee Mitigation, $1,113,750 - Ad Valorem Tax Abatement. $1,242,150 - Total Recommendation Board approval of Resolution 09-233 recommending that Project Can Do be approved as a qualified target industry business pursuant to Section 288.106, Florida Statutes; providing an appropriation of $128,000 as local participation in the Qualified Target Industry Tax Refund Program; and providing an effective date. Page 1 of 2 Also, Board authorization to have the County Administrator send a Letter of Intent to offer Project Can Do: 1. An Impact Fee Mitigation phased over three years subject to Project Can Do making an approximate capital investment of $27,000,000 in St. Lucie County and employing 160 persons at an average annual wage of $60,000 --- Estimated Value = $128,400, 2. An Ad Valorem Tax Abatement phased over ten years subject to Board approval at a public hearing, Project Can Do making an approximate capital investment of $27,000,000 in St. Lucie County and Project Can Do employing 160 persons at an average annual wage of $60,000 --- Estimated Value = $1,113,750. Page 2 of 2 RESOLUTION NO. 09-233 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY RECOMMENDING THAT PROJECT CAN DO BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO SECTION 288.106, FLORIDA STATUTES; PROVIDING AN APPROPRIATION OF ONE HUNDRED AND TWENTY-EIGHT THOUSAND AND 00/100 DOLLARS ($128,000.00) AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for St. Lucie County, Florida, has made the following determinations: 1. Project Can Do is a medical diagnostics research and manufacturing business. 2. Project Can Do will be located within St. Lucie County and will make a capital investment of approximately twenty-seven million dollars ($27,000,000). 3. Project Can Do will employ one hundred and sixty (160) people at an average annual wage of sixty thousand dollars ($60,000). 4. Project Can Do would not locate its facility to St. Lucie County without the incentive available through the Qualified Target Industry Tax Refund Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida as follows: A. The Board hereby recommends Project Can Do be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes. B. The necessary commitment of local financial support for the Qualified Target Industry Business for the Qualified Target Industry Tax Refund Program exists in the amount of one hundred and twenty-eight and 00/100 dollars ($128,000.00) under the County's Impact Fee Mitigation Program. This amount will be available consistent with the guidelines set forth by the Office of Tourism, Trade and Economic Development and will be paid to the Florida Economic Development Trust Fund with the stipulation that these funds are intended to represent the "local participation" required under Section 288.106, Florida Statutes. C. This resolution shall take effect upon adoption. Addendum 1 REVISED vs -c-,q RESOLUTION NO.09-233 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY RECOMMENDING THAT PROJECT CAN DO BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO SECTION 288.106, FLORIDA STATUTES; PROVIDING AN APPROPRIATION OF ONE HUNDRED AND TWENTY-EIGHT THOUSAND AND 00/100 DOLLARS ($128,000.00) AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM; PROVIDING AS ADDITIONAL LOCAL PARTICIPATION AN AD VALORM TAX ABATEMENT ESTIMATED TO BE VALUED AT ONE MILLION ONE HUNDRED AND THIRTEEN THOUSAND SEVEN HUNDRED AND FIFTY AND 00/100 DOLLARS ($1,113,750.00) PHASED OVER TEN YEARS SUBJECT TO THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS' APPROVAL AT A FUTURE PUBLIC HEARING, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for St. Lucie County, Florida, has made the following determinations: 1. Project Can Do is a medical diagnostics research and manufacturing business. 2. Project Can Do will be located within St. Lucie County and will make a capital investment of approximately twenty-seven million dollars ($27,000,000). 3. Project Can Do will employ one hundred and sixty (160) people at an average annual wage of sixty thousand dollars ($60,000). 4. Project Can Do would not locate its facility to St. Lucie County without the incentive available through the Qualified Target Industry Tax Refund Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida as follows: A. The Board hereby recommends Project Can Do be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes. B. The necessary commitment of local financial support for the Qualified Target Industry Business for the Qualified Target Industry Tax Refund Program exists in the amount of one hundred and twenty-eight and 00/100 dollars ($128,000.00) under the County's Impact Fee Mitigation Program. Additional local participation also exists in an ad valorem tax abatement estimated to be valued at one million one hundred and thirteen thousand seven hundred and fifty and 00/100 dollars ($1,113,750.00) subject to Board approval at a future public hearing. These amounts will be available consistent with the guidelines set forth by the Office of Addendum 1 Tourism, Trade and Economic Development and will be paid to the Florida Economic Development Trust Fund with the stipulation that these funds are intended to represent the "local participation" required under Section 288.106, Florida Statutes. C. This resolution shall take effect upon adoption. ITEM NO. VI-H COUNTY`` F LORI D A AGENDA REQUEST DATE: 08/25/2009 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Tom Genung SUBMITTED BY: COURT ADMINISTRATION Trial Court Administrator SUBJECT: Request approval for usage of Court Innovations Funds BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 107-6291-599300-6000 Court Innovations Reserve Fund Expenses will be disbursed from Fund #183. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Budget Resolution No 09-244 Budget and Amendment No. 09-036 to fund Civil Citation and other juvenile diversion efforts in the 191h Judicial Circuit. St. Lucie County's share would be $1,762 for September 2009, Indian River County has approved $863 for September 2009, Martin County has approved $900 for September 2009, and Okeechobee County has approved $225 for September 2009 (copies of approvals attached). COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director olm Budget Analyst D n McIntyre Originating Dept. ( X) ERD Tom Genung (X) Marie Gouin Sophia Holt (Name) COUNTY F L 0 R I D A COURT ADMINISTRATION DRUG COURT MEMORANDUM TO: Board of County Commissioners FROM: Tom Genung, Trial Court Administrator DATE: August 25, 2009 SUBJECT: Request approval from Court Innovations Fund. ITEM NO. VI-H Background: Over the course of the past 2 '/2 years, the 19th Judicial Circuit has been the gracious recipient of an OJJDP/DJJ grant to support Civil Citation operations in this Circuit. Civil Citation is an alternative to arrest which allows youth involved in minor offenses an opportunity to learn and grow from the experience. Recidivism rates involving this group are at 6% as compared to 45% for youth who are routed through our criminal justice system. Unfortunately, DJJ has terminated the grant effective July 31, 2009. There are 65 youth currently receiving services, and this is such an important program that we are asking to access the Court Innovations fund pursuant to s. 939.185, Florida Statutes, in the amount of $3,750 for the month of September to be used as contract dollars to sustain the civil citation and other juvenile diversion efforts in the 19th Judicial Circuit. Martin, Okeechobee and Indian River Counties have all approved their proportional share. Court Administration requests board approval to fund Civil Citation operations in this circuit from Court Innovations Funds pursuant to s. 939.185(1)(a)1., Florida Statutes, which is funded through court costs "to fund innovations to supplement state funding for the elements of the state courts system identified in s. 29.004 and county funding for local requirements under s. 29.008(2)(a)2", in the total amount of $3,750 for the month of September 2009 to be used to sustain the civil citation and other juvenile diversion efforts in the 19th Judicial Circuit. St. Lucie County's share would be $1,762 for September 2009, Indian River County has approved $863 for September 2009, Martin County has approved $900 for September 2009 and Okeechobee County has approved $225 for September 2009 (copies of approvals attached). Budget Resolution No. 09-244 is needed to establish the budget for other counties share of these expenses. Also, Budget Amendment No. 09-036 is to transfer St. Lucie County's portion from reserves in fund #183 and the budgeted transfer from Court Innovations fund will be increased to replace the reserves. Recommendation Staff recommends the Board of County Commissioners approve Budget Resolution No. 09-244 and Budget Amendment No. 09-036 to fund Civil Citation and other juvenile diversion efforts in the 19th Judicial Circuit. St. Lucie County's share would be $1,762 for September 2009, Indian River County has approved $863 for September 2009, Martin County has approved $900 for September 2009 and Okeechobee County has approved $225 for September 2009 (copies of approvals attached). RESOLUTION NO. 09-244 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 Other Counties Share of Court Administration Court Innovations Funds in the amount of S1,988. 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 25th day of August, 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 183-601-338900-6000 Other Counties Share-Ct Adm. APPROPRIATIONS 183-601-534000-6000 Other Contractual Services After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair Commissioner Charles Grande, Vice Chair Commissioner Doug Coward Commissioner Chris Craft Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED THIS 25TH DAY OF AUGUST, 2009. ATTEST: $1,988 $1,988 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Court Administration PREPARED DATE: 8/13/2009 AGENDA DATE: 08/25/209 ACCOUNT NUR TO: 183-601-534000-6000 FROM: 183-9910-599300-800 ACCI Other Contractual rves REASON FOR BUDGET AMENDMENT: To fund Court Innovations OJJDP/DJJ support for Civil Citation (Court Innovations funds budgeted transfer (#107-6291-59930C to replace the reserves). CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: n/a n/a BA09-036 will be increased 1,762 JULY 21, 2009 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS Action Summary 9:00 AM - MARTIN COUNTY COMMISSION CHAMBERS 2401 SE MONTEREY ROAD, STUART, FLORIDA 34996 COUNTY COMMISSIONERS Susan L. Valliere, Chairman Taryn Kryzda, Acting County Administrator Doug Smith, Vice Chairman Stephen Fry, County Attorney Patrick Hayes Marsha Ewing, Clerk to the Board Sarah Heard Edward Ciampi Approved: TK 07/24/2009 PRESETS 6C A Public Hearing for the Implementation of a Stormwater Utility to Fund Construction, Operation and Maintenance of a County Wde Stormwater Management Program 10:30 AM 8A1 CRA Update 1:30 PM 10 Public 5:05 PM 1. CALL TO ORDER ^- 9:00 AM A. INVOCATION - Reverend Rick Addison - The Grace Place B. PLEDGE OF ALLEGIANCE C. ADDITIONAL ITEMS - The Board added to the agenda the additional items of 4A1, 4A2, 6C, 7A, 8C4, 8C5, 8C6 and 8D1. D. APPROVAL OF AGENDA - The Board added to the agenda the additional items of 4A1, 4A2, 6C, 7A, 8C4, 8C5, 8C6 and 8D1. The Board approved the consent agenda with no pulls for discussion. The Board withdrew from the agenda item 861. The Board continued to the July 29, 2009 BCC meeting agenda items 8C1, 8C2 and 8C4. E. APPROVAL OF CONSENT AGENDA - The Board approved the consent agenda with no pulls for discussion. NOTE. Consent Agenda items are considered routine and are enacted by one motion and will have no action noted, but the 'Recommendation" as it appears on the Board item is the approved action. 2. PROCLAMATIONS, OFFICIAL ACTS, SPECIAL PRESENTATIONS, AND LEGISLATIVE AFFAIRS A. HEAR A BRIEF PRESENTATION FROM REPRESENTATIVES OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) IAFF representatives wish to share information with the Commission that affects their current contract with the Board. AGENDA ITEM: 804bb248 SUPPLEMENTAL MEMO ACTION TAKEN: The Board accepted the proposal and ratified the contract. B. ADOPT A PROCLAMATION DECLARING TREASURE COAST WATERWAY CLEANUP DAY IN MARTIN COUNTY, FLORIDA Commissioner Hayes wishes to recognize those participating in this cleanup effort. AGENDA ITEM: 804b3dee ACTION TAKEN: The Board adopted the proclamation. C. ADOPT A PROCLAMATION DECLARING MARINA DAY IN MARTIN COUNTY, FLORIDA Each year the Board acknowledges the value of the Marine Industry to the local economy. AGENDA ITEM: 804bd5cf ACTION TAKEN: The Board adopted the proclamation. 3. COMMENTS A. PUBLIC - PLEASE LIMIT COMMENTS TO THREE MINUTES. B. COMMISSIONERS C. COUNTY ADMINISTRATOR BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY JULY 21, 2009 4. CONSENT A. Clerk of the Circuit Court, Marsha Ewing ADDITIONAL ITEM 1. Minutes of the July 7, 2009 BCC meeting. ADDITIONAL ITEM 2. Minutes of the July 9, 2009 BCC workshop meeting. B. Administration, David Graham, Director 1. GRANT APPLICATION, AWARD AND/OR AMENDMENT ITEMS WHICH REQUIRE BOARD APPROVAL This item is a placeholder on all Board meeting agendas in an effort to streamline the process for grant related items requiring Board approval. Specific items requiring approval, if any, will be provided by Supplemental Memorandum. AGENDA ITEM: 804ab349 SUPPLEMENTAL MEMO 2. NOTED ITEMS Noted Items are documents for the Board's information that must be a part of the record but do not require any action. Transactions included in the Noted Items have been budgeted and are normally complete. AGENDA ITEM: 804abaf2 3. BUDGET REQUEST FROM RESERVES TO FUND CIVIL CITATION OPERATIONS FOR THE 19TH JUDICIAL CIRCUIT Effective July 31, 2009 the 19th Judicial Circuit will no longer be a recipient of the OJJDP/DJJ grant. This grant is used to support Civil Citations which is an alternative to arrests for minor offenses with youths. AGENDA ITEM: 804bbc89 C. Engineering, Don G. Donaldson, P.E., Director 1. REQUEST AUTHORIZATION FOR THE CHAIR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF STUART FOR THE TRAFFIC CONTROL SIGN INSTALLATION AND MAINTENANCE ON SW PALM CITY ROAD Staff recommends that the responsibility for the traffic control sign installation and maintenance on SW Palm City Road become that of the City of Stuart and that these responsibilities be documented in the form of an /nterlocal Agreement. AGENDA ITEM: 804b08e6 2. ACCEPTANCE OF ONE UTILITY EASEMENT FROM ROBERT K ERLANDSON AND CHARLENE A ERLANDSON FOR UTILITY RELATED EQUIPMENT (FORCE MAIN) This is a request for the adoption of a resolution accepting one Utility Easement from Robert K. Erlandson and Charlene A. Erlandson, husband and wife, for utility related equipment for the installation of a force main as part of the North River Shores Vacuum Sewer project, across residential property located at 1523 NW Spruce Ridge Drive, Stuart, Florida 34994. In consideration of the Erlandson's granting this easement, the County will grant the Erlandson property a credit for the applicable wastewater assessment, including capital facility charges, assessable against their property at an estimated value of $7, 000. AGENDA ITEM: 804b606d RESOLUTION NO. 09-7.30 D. General Services, Harold Markey, Director 1. APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN MARTIN COUNTY, MARTIN COUNTY SCHOOL BOARD AND THE CITY OF STUART REGARDING MOTOR FUEL MUTUAL AID Staff recommends approval of an Interlocal Agreement between the Martin County School Board, the City of Stuart and Martin County regarding motor fuel mutual aid. AGENDA ITEM: 804b5d46 Page 2 of 6 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY JULY 21, 2009 4. CONSENT E. Parks and Recreation, Richard Blankenship, Director 1. TOURIST DEVELOPMENT COUNCIL HAS REQUESTED TRANSFER OF FUNDS FROM VARIOUS CATEGORIES OF THE TOURIST DEVELOPMENT PLAN AND AMENDMENT OF THE TOURIST DEVELOPMENT ORDINANCE The Tourist Development Council is requesting that the Board approve additional funding to augment the Convention & Visitors Bureau's budget by transferring tourist tax funds from Category "D" (special events reserve), Category "G" (cultural arts promotion), and Category "/" (beach maintenance) into Category "A" (promotions). They have also requested that these changes be made permanent by amending the Tourist Development Ordinance. AGENDA ITEM: 804b3471 F. Utilities and Solid Waste, John Polley, Director 1. SOLID WASTE SWAP WITH WASTE MANAGEMENT OF FLORIDA, SOLID WASTE AUTHORITY PALM BEACH AND MARTIN COUNTY Board action is requested to amend the agreement for Solid Waste Management Services by and between Martin County and Okeechobee Landfill, Inc to allow transfer of Martin County's solid waste to the Solid Waste Authority of Palm Beach County. AGENDA ITEM: 804bl c9c ADDITIONAL ITEM G. Community Development, Nicki van Vonno, Acting Director 1. TEMPORARY CONSTRUCTION EASEMENTS FOR SEWER AND WATER CONSTRUCTION IN RIO CRA The Board is asked to accept temporary construction easements necessary to complete the sewer and water construction in the Rio CRA. These easements will allow construction on private property of connections to new water and sewer lines on Martin Avenue, Charlotte Street, Olive Street, Frances Street, and Railroad Street. The lines have been constructed as a joint Community Development Block Grant/ Community Redevelopment Agency project. AGENDA ITEM: 804c25b6 RESOLUTION NO. 09-7.31 5. BOARD AND COMMITTEE APPOINTMENTS- None at this time. 6. PUBLIC HEARINGS A. PUBLIC HEARING REGARDING AN AMENDMENT TO THE MARTIN COUNTY NOISE ORDINANCE Pursuant to Board of County Commissioners' direction, revisions to the current noise ordinance have been prepared and advertised for discussion and adoption by the Board of County Commissioners. AGENDA ITEM: 8001509 SUPPLEMENTAL MEMO ACTION TAKEN: The Board approved the ordinance and resolution. The Board struck from the draft ordinance section 67.309.G. RESOLUTION NO. 09-7.32 ORDINANCE NO. 824 B. A PUBLIC HEARING FOR THE IMPLEMENTATION OF A STORMWATER UTILITY TO FUND CONSTRUCTION, OPERATION AND MAINTENANCE OF A COUNTY WIDE STORMWATER MANAGEMENTPROGRAM This is a request for the acceptance of the Final Stormwater Utility Rate Study, the adoption of an amending Ordinance to the County's existing Stormwater Utility Code and the adoption of an Initial assessment Resolution relating to Stormwater Utility Service Assessments. AGENDA ITEM: 804blalf 10:30 AM PRESET SUPPLEMENTAL MEMO - Released Monday 7/20/2009 ACTION TAKEN: The Board approved the Final Stormwater Utility Rate Study, the amending Ordinance, the Initial Assessment Resolution and the Stormwater Management Responsibilities report. RESOLUTION NO. 09-7.33 ORDINANCE NO. 825 Page 3 of 6 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY JULY 21, 2009 6. PUBLIC HEARINGS ADDITIONAL ITEM C. QUASI-JUDICIAL: SAUL ENTERPRISES, INC. - REQUEST THE SECOND PUBLIC HEARING TO CONSIDER THE PROPORTIONATE FAIR SHARE DEVELOPMENT AGREEMENT FOR TRION VENTURES (NATIONAL CITY BANK) Saul Enterprises, Inc is a member of the SR 76 Corridor Improvement Group, LLC (SR 76 LLC), which entered into an agreement with Martin County on September 30, 2008, with payment of contributions to mitigate impacts on SR 76 with a CIP Improvement Development Agreement. Similarly, the County has adopted the Capital Improvement Element (CIE) updated on November 25, 2008, to recognize this series of agreements with participants of the SR 76 LLC. The current public hearing is the second of two required for Board consideration for acceptance of the draft Proportionate Fair Share Development Agreement for Trion Ventures (National City Bank). The site for the anticipated 3,213 square foot bank is located along South Kanner Highway (SR76), just north of the Publix Shopping Center at the northwest corner of SW Salerno Road and South Kanner Highway (SR76). AGENDA ITEM: 804c0627 CONTINUED FROM 07/14/2009 ACTION TAKEN: The Board approved the proportionate fair share development agreement for Trion Ventures (National City Bank). 7. REQUESTS AND PRESENTATIONS ADDITIONAL ITEM A. QUASI-JUDICIAL: REQUEST FROM SAUL ENTERPRISES, INC. FOR A PARKING RATE ADJUSTMENT TO INCREASE THE NUMBER OF PARKING SPACES BY 46% FOR A TOTAL OF 35 PAVED PARKING SPACES FOR THE NATIONAL CITY BANK PROJECT LOCATED ON SOUTH KANNER HIGHWAY Martin County has received an application from Saul Enterprises, Inc. requesting a parking rate adjustment for the National City Bank project located on South Kanner Highway, just north of the Publix Shopping Center. The project requires 16 paved spaces and the applicant is requesting 35 paved spaces. AGENDA ITEM: 804c06db CONTINUED FROM 07/14/2009 SUPPLEMENTAL MEMO ACTION TAKEN: The Board approved the resolution and grated the parking rate adjustment increase. RESOLUTION NO.09-7.34 8. DEPARTMENTAL A. Community Development, Nicki van Vonno, Acting Director 1. CRA UPDATE Staff will report progress on CRA projects in the County's seven community redevelopment areas. AGENDA ITEM: 8000842 1:30 PM PRESET ACTON TAKEN: The Board accepted the report. B. Parks and Recreation, Richard Blankenship, Director 1. DISCUSSION OF CELL TOWER MASTER PLAN RESULTS Discussion of the results of the cell tower master plan request for proposals. AGENDA ITEM: 804b0a6d ACTION TAKEN: The Board withdrew this item from the agenda. C. Growth Management, Nicki van Vonno, Director 1. WORKSHOP ON EAR -BASED COMPREHENSIVE PLAN AMENDMENTS TO CPA 09-10, COASTAL MANAGEMENT The Board of County Commissioners requested workshops to review the EAR -based amendments to the Comprehensive Growth Management Plan before the September 1, transmittal public hearing. AGENDA ITEM: 804aff4f SUPPLEMENTAL MEMO - Request to continue to 712912009 ACTION TAKEN: The Board continued this item to the July 29, 2009 BCC meeting. Page 4 of 6 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY JULY 21, 2009 8. DEPARTMENTAL C. Growth Management, Nicki van Vonno, Director 2. WORKSHOP ON EAR -BASED COMPREHENSIVE PLAN AMENDMENTS TO CPA 09-16, CIE The Board of County Commissioners requested workshops to review the EAR -based amendments to the Comprehensive Growth Management Plan before the September 1 and 2 transmittal public hearing. AGENDA ITEM: 804b40df SUPPLEMENTAL MEMO - Request to continue to 7129i2009 ACTION TAKEN: The Board continued this item to the July 29, 2009 BCC meeting. 3. WORKSHOP ON EAR -BASED COMPREHENSIVE PLAN AMENDMENTS TO CPA 09-07, TRANSPORTATION The Board of County Commissioners requested workshops to review the EAR -based amendments to the Comprehensive Growth Management Plan before the September 1 and 2 transmittal public hearing. AGENDA ITEM: 804b40f0 SUPPLEMENTAL MEMO ACTION TAKEN: The Board met in a workshop setting to discuss various changes with CPA 09-07, Transportation. ADDITIONAL ITEM 4. WORKSHOP ON EAR -BASED COMPREHENSIVE PLAN AMENDMENTS TO CPA 09-11, CONSERVATION AND OPEN SPACE The Board of County Commissioners requested workshops to review the EAR -based amendments to the Comprehensive Growth Management Plan before the September 1, 2009 transmittal hearing. AGENDA ITEM: 804c0718 CONTINUED FROM 07/14/2009 SUPPLEMENTAL MEMO -- Request to continue to 7/2912009 ACTION TAKEN: The Board continued this item to the July 29, 2009 BCC meeting ADDITIONAL ITEM 5. WORKSHOP ON EAR -BASED COMPREHENSIVE PLAN AMENDMENTS TO CPA 09-15, DRAINAGE AND NATURAL GROUNDWATER AQUIFER RECHARGE The Board of County Commissioners requested workshops to review EAR -based amendments to the Comprehensive Growth Management Plan before the September 1 transmittal public hearing. AGENDA ITEM: 804c0843 CONTINUED FROM 07/14/2009 ACTION TAKEN: The Board continued this item to a date which works with all of the members of the Board's calendars. ADDITIONAL ITEM 6. WORKSHOP ON EAR -BASED COMPREHENSIVE PLAN AMENDMENTS TO CPA 09-6, FUTURE LAND USE The Board of County Commissioners requested workshops to review the EAR -based amendments to the Comprehensive Growth Management Plan before the September 1, transmittal public hearing. AGENDA ITEM: 804afe81 CONTINUED FROM 07/14/2009 SUPPLEMENTAL MEMO (2) ACTION TAKEN: The Board met in a workshop setting to discuss various changes with CPA 09-6, Future Land Use. D. Engineering, Don G. Donaldson, P.E.,Director ADDITIONAL ITEM AUTHORIZE AWARDING THE CONSTRUCTION CONTRACT FOR MANATEE POCKET DREDGING Authorize the Engineering Department to award the contract for the dredging of Manatee Pocket. AGENDA ITEM: 804003e ACTION TAKEN: The Board awarded the bid to Dickerson Florida, Inc. in the amount of $10,981,855.60. The Board approved the revised FY 2009 CIP sheet. Page 5 of 6 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY JULY 21 2009 9. COMMISSIONERS - None at this time. 10. PUBLIC - TO BE HEARD AT 5:05 PM. PLEASE LIMIT COMMENTS TO THREE MINUTES. 11. ADJOURN — 7:05 PM Page 6 of 6 ACTION NOTES Board of County Commissioners Okeechobee County Florida July 23, 2009 BUSINESS: 1. Consent Agenda: a. Approved the Child Support Enforcement Program Incentive Funds in the amount of $1,517.00. b. Approved the renewal of the contract with Transworld Systems, Inc. for an additional one (1) year term. c. Adopted Resolution 2009-38, amending the 2008/09 fiscal budget to appropriate unanticipated funds from the Insurance Recovery Funds, in the amount of $6,564.16. d. Adopted Resolution 2009-37, to adopt the Florida Homebuyer Opportunity Program Assistance Strategy. e. Received the 2008 Recapitulation. f. Approved Warrant List # 14. g. Approved the renewal of agreement with Anderson Andre Consulting Engineers, Inc. for professional services for Geotechnical and Materials Testing Services for an additional one (1) year term, under the same terms and conditions. 2. Public Hearings: a. County Service Awards were presented. b. The motion to deny the six (6) month moratorium on the collection of impact fees in Okeechobee County failed to pass and directed staff to check into all components. c. Presented a Proclamation designating August 9, 2009 as Smokey Bear Day in Okeechobee County. d. Presented a Proclamation designating August 2009 as Firefighter Appreciation Month on behalf of Muscular Dystrophy. e. Received comments from Lynn Topel with Florida Highlands Rural Economic Development Initiative and Department of Transportation, and received a letter of support regarding the Mobility Study Report from the Board of County Commissioners. 3. General Business: a. Approved and directed staff to make a journal entry to pay utility fees to the Agri -Civic Center Facility Fees Account # 403-69-34700-0, from the Board of County Commission Promotions Account # 001-01-511-00-4800, in the amount of $1,579.88 for this year only. b. Approved Change Order # 3 on the Historic Courthouse Rehabilitation Project. c. Approved the contract award to Sunshine Land Design. d. Approved confirmation of the appointments: Commissioner Noel Chandler, Commissioner Joey Hoover and Attorney Glenn Sneider to the Value Adjustment Board. e. Approved the Board of County Commissioners to provide funding from the Court Innovations Fund Board of County Commissioners 1 Regular Session July 23, 2009 in the amount of $225.00 for September and $2,700.00 for FY09-10 to sustain the civil citation efforts of the 19`h Judicial Circuit. f. Authorized the Chairman to execute the Intergovernmental Cooperative Agreement contract and By - Law with Public Risk Management of Florida as amended and restated through June 19, 2010. g. Approved the allotment of $8,742.00 per employee for Health Care which includes life insurance. h. Adopted Resolution 2009-39, Preliminary Rate Resolution for Fire Rescue Services. i. Adopted Resolution 2009-40, Preliminary Rate Resolution for Solid Waste. j. Approved Resolution 2009-43, to apply for the Florida Boating Infrastructure Program Grant for Okee-Tantie Recreation Area. If grants funds are awarded, the County Commission is willing to enter into a twenty (20) year agreement for the maintenance and operation of the project. Staff Reports: County Administrator Bonner discussed the Recycling Grant with Waste Management and the security lights being adjusted after hours at the Judicial Center for security reasons. Board of County Commissioners 2 Regular Session July 23, 2009 Erick Mershon From: Ann Demko [ademko@ircgov.com] Sent: Wednesday, August 19, 2009 9:35 AM To: Erick Mershon Subject: RE: Erick On August 18, 2009, the Indian River County Board of Commissioners approved Miscellaneous Budget Amendment 021, Juvenile Civil Citation Programs. Staff recommended approval of funding in the amount of $863 to support Juvenile Civil citation and diversion programs for fiscal year 2008/2009 and funding in the amount of $10,350 for fiscal year 2009/2010. Ann Demko Budget Support Specialist Indian River County Budget Office 1801 27th Street Vero Beach, FL 32960 Telephone: 772-226-1214 ademkoCoD_ircgov.com From: Erick Mershon [ma iIto: Mershon E@circuitl9.org] Sent: Wednesday, August 19, 2009 8:05 AM To: Ann Demko Subject: Could please e-mail me an approval on our agenda item for the 181h. I have to have this at St. Lucie BOCC this morning. Thanks "Please note my new email address below" Erick Mershon Budget Manager State of Florida Court System Nineteenth Judicial Circuit Court 250 NW Country Club Drive Suite 217 Port St. Lucie, FL 34986 772-807-4385 Office 772-807-4377 Fax mershoneCcDcircuitl9.org 9x Indian River County _Consent Agenda Interoffice Memorandum Office of Management & Budget To: Members of the Board of ty Commissioners From: Jason E. Brown Director, Office of Manage ent & Budget Date: August 7, 2009 Subject: Miscellaneous Budget Amendment 021 Juvenile Civil Citation programs Description Thomas A. Genung, Trial Court Administrator, 19th Judicial Circuit, has requested to access Court Innovation funds to support Juvenile Civil Citation and diversion programs. Over the past 2-1/2 years, the 19"' Judicial Circuit has received a $100,000/year grant from the Department of Juvenile Justice to support Civil Citation operations in this circuit. The Department of Juvenile Justice has terminated the grant effective July 31, 2009. Court Administration is requesting that the Court Innovations Fund provide funds in the amount of $863 for the month of September and $10,350 for Fiscal Year 2009/2010 to be used as contract dollars to sustain the Civil Citation and other juvenile diversion efforts in the 19"' Judicial Circuit. Martin, Okeechobee and St. Lucie Counties will also be requested to approve their proportional share for the remainder of fiscal year 2008/2009 and for fiscal year 2009/2010. The attached entry appropriates funding in the amount of $863 from the Court Innovations Fund for fiscal year 2008/2009. A budget amendment to appropriate funding in the amount of $10,350 for fiscal year 2009/2010 will be prepared after October 1, 2009. Staff Recommendation Staff recommends approval of funding in the amount of $863 to support Juvenile Civil Citation and diversion programs for fiscal year 2008/2009 and funding in the amount of $10,350 for fiscal year 2009/2010. Additionally, Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2008/2009 budget. Attachment Budget Resolution Letter from Thomas A. Genung APPit ED AGENDA ITEM: BY: _t\A Joseph A. Baird County Administrator FO August 18, 2009 Indian River County ro Date Administrator 0 { cl v 1 Legal Budget S �/ Department Risk Management F:\BudgetVasonlbudget amendments 200809\021 mist ba court juvenile civil citation programs.doc 164 Vr TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing Green Collar Consortium See attached memorandum. ITEM NO. VI -I DATE: 08/25/09 REGULAR ( X ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Marie M. Gouin Director 001-1930-582000-096602 Aid to Private Organization (pending BOCC approval) June 23, 2009 — Board approval to proceed with work authorization with TRC Engineering and to reallocate $50,000 for the Green Collar Training Program. RECOMMENDATION: Board approval of Budget Resolution 09-242 to establish the Fiscal Year 2008/2009 budget for the donation from West Palm Beach Sheet Metal so it can be refunded to the Green Collar Consortium. COMMISSION ACTION: ( APPROVED ( ) ( ) OTHER Approved 5-0 County Attorney ( X ) Other ( ) CONCURRENCE: DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Y Budget Analyst Dan McIntyre (Name) Other (X)` Robert O'Sullivan (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director� DATE: August 25, 2009 SUBJECT: Green Collar Consortium ITEM NO. VI -I Backaround: The Board previously approved $50,000 of the budget for the St. Lucie County Logistic Center to be used for design of the Green Collar Training space in the Logistic Center. The renovation of the space and the associated costs will be handled by the Green Collar Consortium. In April 2009, the County received a $10,000 donation from West Palm Beach Sheet Metal for the renovation. The Green Collar Consortium has now established a non-profit corporation. The County will give the $10,000 to the non-profit corporation in order to pay for the renovation. Recommendation: Board approval of Budget Resolution 09-242 to establish the Fiscal Year 2008/2009 budget for the donation from West Palm Beach Sheet Metal so it can be refunded to the Green Collar Consortium. ram' 5 RESOLUTION NO. 09-242 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 donation in the amount of $10,000 for the Green Collar Consortium. 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 25th day of August, 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 001-1930-366900-096602 Donations $10,000 APPROPRIATIONS 001-1930-582000-096602 Aid to Private Organization $10,000 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 25T" DAY OF AUGUST, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI — J1 Cou NTY F L O R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works Administration Indian River Estates Pump Station Alum Facility See attached memorandum. DATE: 08/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Donald B. West Public Works Dire for 102001-3725-563000-425056 Drainage Maintenance MSTU Stormwater Management. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to change the funding source from the Grant account fund number to the Stormwater MSTU account fund number for Indian River Estates Pump Station Alum Facility construction contract. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Sianatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) OMB Director ( ) Budget Analyst Daniel McIntyre v Marie Gouin Originating Dept. ( ) � ERD ( ) Do ald B. West Karen Smith r' cou NTy F L O R I D A TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: August 25, 2009 Public Works Administration MEMORANDUM SUBJECT: Indian River Estates Pump Station Alum Facility ITEM NO. VI — J1 Background: On June 2, 2009 the Board of County Commissioners awarded a construction contract to Close Construction, Inc. in the amount of $106,884 for the Indian River Estates Pump Station Alum Facility. This project involved the installation of chemical metering pumps and a 5,000 gallon above ground storage tank for the completed Indian River Estates Stormwater Pump Station. This agenda item seeks to correct the funding source for award of the construction contract from an account number that was associated with a Florida Department of Environmental Protection grant contract. The work involved in construction of the Alum Facility cannot be funded by the grant. The Board approved this project in account fund number 102109-3725-563000-425056 Florida Department of Environmental Protection Grant, Indian River Estates Stormwater Improvements Stormwater Management. The correct account fund number will be 102001-3725-563000-425056 Drainage Maintenance MSTU- Stormwater Management. Previous Action: June 2, 2009 — BOCC approved to award the construction contract to Close Construction, Inc. in the amount of $106,884. August 4, 2009 — County Administrator signed Change Order No. 1 with Close Construction, Inc. in the amount of $7,146.75 with a time extension of 44 days. Recommendation: Board approval to change the funding source from the Grant account fund number to the Stormwater MSTU account fund number for Indian River Estates Pump Station Alum Facility construction contract. ITEM NO. VI - J2 Mr," C6UNTY F L O R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works Administration Lakewood Park Phase 1 See attached memorandum. 102807-3725-563000-425047 SFMWD Improvements, Stormwater Management. PREVIOUS ACTION: See attached memorandum DATE: 08/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Donald B. West W Public Works Dir ct Lakewood Park Storm Water RECOMMENDATION: Board approval of Change Order No. 1 with American Engineering and Development Corp. in the amount of $16,871 for Lakewood Park Phase 1 canal control structures, 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 Daniel McIntyre ! Mane Gouin Originating Dept. ( ) jDon kA + ERD B. West Karen Smith COUNTY F L O R I D A Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director ' DATE: August 25, 2009 SUBJECT: Lakewood Park Phase 1 ITEM NO. VI — J2 Background: This project involves replacement of the three primary water control structures with adjustable outfalls to provide maximum flexibility for stormwater management under varying conditions. The primary goals of this stormwater improvement project are flood control and groundwater recharge, accomplished by managing canal stages at optimum levels under variable conditions. The construction plans for Lakewood Park Phase 1 were advertised for bids on March 15, 2009 and the contract was awarded to American Engineering and Development Corp. The project was advertised for bids prior to obtaining the permits due to a grant deadline of September 30, 2009. Final permits were obtained on July 24, 2009, after modifications to the drawings were required by the Fort Pierce Farms Water Control District (FPFWCD). The Contractor has submitted the attached proposal (Attachment "A") as Change Order No. 1, (Attachment "B") to construct the project as modified per the FPFWCD permit. Funds are available in the grant to pay for the construction modifications. Previous Action: March 1, 2005 — BOCC approval of Work Authorization #16 with Hazen & Sawyer for design of Lakewood Park Phase 1 Improvements in the amount of $149,190. February 13, 2007 — BOCC approval of grant contract with South Florida Water Management District for Phase 1 construction in the amount of $250,000. September 23, 2008 — BOCC approval of Amendment #1 for grant contract time extension. April 28, 2009 — BOCC award of construction contract to American Engineering and Development Corp. in the amount of $116,870. Recommendation: Board approval of Change Order No. 1 with American Engineering and Development Corp. in the amount of $16,871 for Lakewood Park Phase 1 canal control structures, and authorization for the Chair to sign contract documents as approved by the County Attorney. Attachment "A" — Change Order Proposal from American Eng & Dev Corp Attachment "B" — Change Order No. 1 & Spreadsheet (2 pages) A Attachment "A" American ISO Engineering & Development OtIl Corporation AEDC PROJECT NO: 09-836 HCSS No. 836EP01 CHANGE ORDER PROPOSAL TO: St. Lucie County Public Works CHANGE ORDER NO. 01 Attn: Don West 7300 Virginia Avenue DATE: August 6, 2009 Fort Pierce, FL 34982-5652 PROJECT: Lakewood Park AEDC Job #: 09-831 The following change order is in response to revision 2 dated 7/2009, sheets C-2, C-5, and S-2. This change order is exclusive of the additional cost for the Whips slide gates as we are waiting for additional information from the manufacturer. Description Increase is size and new configuration of weir openings for the Eastwood canal control structure, and reconfiguration of weir opening in Seminole canal control structure. Overhead & Profit Bond Premium Quantity nit R Price Extension $ 14,525.00 $ 14,525.00 15% $2,179.00 1% $167.00 TOTAL ADDITION FOR THIS CHANGE ORDER PROPOSAL: THE PARTIES HEREBY AGREE to modify the Contract by the herein Change Order, which becomes part of the Contract. All work is to be performed under the terms and conditions of the Contract unless otherwise agreed in writing. Facsimile signatures are binding as originals. ACCEPTED: American Engineering & Development Corp Name: JJ Kopelakis Title: Project Manager Don West (ST. Lucie County) ME Name: Title: (Please sign, and return one copy for our records.) O:\ContractsVob Files\09831 - Lakewood Park Phase I\Change Orders\83 1 -01 (revised structures).doc $16,871.00 ADD $16,871.00 EXECUTIVE OFFICE. 11765 W. OKEECHOBEE ROAD - HIALEAH GARDENS, FL 33018 (305) 825-9800 - (888) 522-8160 - FAX: (305) 825-9806 WEST PALM BEACH BRANCH - 15075 CORPORATE RD. NORTH JUPITER, FL 33478 - (561) 242-9770 0 FAX: (561) 242-9680 Attachment "B" CHANGE ORDER ST. LUCIE COUNTY PROJECT: Lakewood Park Storm Water System Improvements TO (Contractor): American Engineering & Development Corp 11765 West Okeechobee Rd Hialeah Gardens, FL. 33018 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED EXHIBIT A —SPREADSHEET CHANGE ORDER NUMBER: 1 INITIATION DATE: 7/27/09 CONSULTANT'S PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C-09-04-246 CONTRACT DATE: 4/28109 Theoriginal (Contract Sum) was................................................................................................................................... $116,870 Net change by previous authorized Change orders..............................................................................................................$ -0- The (Contract Sum) prior to this Change Order was...................................................................................................... $116,870 The (Contract Sum) will be (increased) bythis Change Order....................................................................................................................................................... $16,871 The new (Contract Sum) including this Change Order will be...................................................................................... $133,741 The Contract Time will be (unchanged) by................................................................................................................... ( 0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 10/24/09 Funds Available: Account Number 102807-3725-563000-425047 The 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 the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the 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 under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order 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 Public Works St. Lucie County Public Works Architect/Engineer 2300 Virginia Ave. Ft. Pierce FL 34982 2300 Virginia Ave.. Ft. Pierce, FL 34982 Address Address By: Donald B. West, P.E., P/W Dir. Date: By: Donald B. West, P.E., P/W Dir. Date: Agreed To: American Engineering & Development Corp. Contractor 111765 West Okeechobee Rd., Hialeah Gardens FL 33018 Address By: John R. Sunderman, VP Date: Page 1 of 2 Authorized: St. Lucie County 2300 Virginia Ave., Ft. Pierce, FL 34982 Approved as to Form and Correctness: By: County Attorney Date: q 7 / £ � ƒ . Q k @ \ 7 _) d C E , > a a \ cc \ E / 0 f E E �� o / / \ \ (D ° n � e e o 2 ) E ¢ E 7 p 2 2 £ / / M q \ 2 / _\ � � / \ _ CO w ® ƒ ƒ @w ? ��■$i ( ( a); oQ W �. CD 2I u 0 \f \\ �U/kJ \ \ CD _ ) � Page 2 of 2 I ITEM NO. VI-K1 Originating Dept. COUNTY F LORI DA-14 TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Parks and Recreation, Administration DATE: 8/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Debbie Brisson Director Interlocal Agreement with School Board of St. Lucie County for use of Lawnwood and South County Regional Stadiums BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Interlocal Agreement with the School Board of St. Lucie County for Lawnwood and South County Regional Stadiums as outlined in the agenda memorandum, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (y� APPROVED ( ) ( ) OTHER Approved 5-0 County Attorney (X) Daniel McIntyre (X) -b-k' Debbie Brisson CONCURRENCE: DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst (X) rillJv Marle Gouin (Name) r Vi COUNTY F L O R I D A Parks and Recreation MEMORANDUM TO: Board of County Commissioners FROM: Debbie Brisson, Parks and Recreation Director DATE: August 25, 2009 SUBJECT: Interlocal Agreement with School Board of St. Lucie County for use of Lawnwood and South County Regional Stadiums ITEM NO. VI-K1 Background: In 1999, the BOCC entered into two Interlocal Agreements with the School Board of St. Lucie County for operation and use of Lawnwood and South County Regional Stadiums. Over the past ten years, the agreements have been amended as operations and use have changed. Recently, School Board staff requested amendments to the agreements. The new agreement supersedes the two previous agreements, CO3-10-696 and C06-09-523 and provides language for new financial arrangements and operational issues. The agreement and Exhibit "A" are attached. The new Interlocal Agreement provides an opportunity for the School Board to receive the revenue derived from paid attendance at School Board events. In return, the School Board will pay the County an amount equal to the revenue received from paid attendance for maintenance of the stadiums, or a minimum of $50,000, whichever is greater. Historically, the School Board did not receive any gate revenue and was forced to use general classroom funds to subsidize athletic programs. This agreement allows the School Board to participate in the maintenance and repair of the stadiums, up to $110,000, using capital funds as intended. It also allows the School Board to receive gate revenue up to $110,000, to fund athletic programs, freeing up general funds for classroom use. Once the $110,000 revenue cap is reached, the School Board may increase the maintenance payment or the County may retain ticket sales revenue to offset maintenance expenses. Major changes to operational issues outlined in Exhibit "A" include: 1. The County is no longer obligated to provide staff for ticket sales and entry gates when low attendance is anticipated. The School Board will sell tickets and provide staff, if they so desire. 2. The County agrees to provide priority scheduling for high school football, soccer and track (at Lawnwood only) for those schools that have been assigned to the stadium(s). Additional high schools may be assigned to a stadium upon agreement of the School Superintendent and the County Administrator. BOCC Meeting 8/25/09 VI-K1 3. Stadium lights will turn off one hour after the end of a game, unless a later time is approved by the Parks & Recreation Sports & Athletics Coordinator or designee. The School Board is not required to pay County lighting fees. 4. The vehicle pass gate will be opened for buses and authorized School Board vehicles only. Private vehicles will no longer be allowed inside the stadium grounds. The agreement allows the host school to rope off twenty VIP parking spaces in front of the stadium, if they provide staff to control the area. 5. The School Board, in conjunction with local law enforcement and SLC Fire District will determine the number of and fund law enforcement officers and EMS providers for each game, rather than having a set number required. 6. School Board identification will no longer be accepted at the admission gates. Everyone entering the stadium will be required to have a ticket. The School Board will staff the Will Call window. School Board faculty will present identification at the Will Call window to receive a courtesy ticket. 7. A detailed plan for safe collection of parking donations will be developed. Upon approval, student groups may collect donations for parking. 8. The School Board Superintendent and the County Administrator have the authority to establish ticket prices and to amend Exhibit "A" — Operating Procedures for Public School Events for Lawnwood Stadium and South County Stadium. Previous Action: Lawnwood Stadium: August 24, 1999 — BOCC approval of Interlocal Agreement with School Board of St. Lucie County for Operation of Lawnwood Stadium. October 14, 2003 — BOCC approval of Amended Interlocal Agreement with School Board for Operation of Lawnwood Stadium. September 12, 2006 — BOCC approval of Amended and Restated Interlocal Agreement with School Board of St. Lucie County for Operation of Lawnwood Stadium, Contract C06-09-523. South County Regional Stadium: November 11, 1999 — BOCC approval of Interlocal Agreement with School Board of St. Lucie County for South County Regional Stadium. September 12, 2006 — BOCC approval of Operations Interlocal with School Board for South County Regional Stadium, Contract CO3-10-696. Recommendation: Board approval of the Interlocal Agreement with the School Board of St. Lucie County for Lawnwood and South County Regional Stadiums as outlined in this agenda memorandum, and authorization for the Chair to sign documents as approved by the County Attorney. INTERLOCAL AGREEMENT FOR OPERATION OF LAWNWOOD STADIUM AND SOUTH COUNTY REGIONAL STADIUM THIS AGREEMENT is made and entered into as of the day of , 2009, between the SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as the "School Board" and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County." WITNESSETH: WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes, permits local governmental units to make the most efficient use of their respective powers by enabling them to cooperate with one another on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the County currently owns, operates, and maintains the Lawnwood Stadium Complex ("Lawnwood Stadium") and the South County Regional Stadium Complex ("South County Stadium"), each the "Stadium", and together the "Stadiums", and WHEREAS, the School Board has priority use of the Stadiums for all football and soccer events scheduled by the high schools using the Stadiums as home field, and track events at the Lawnwood Stadium; and WHEREAS, both the School Board and the County recognize the need to cooperate in the operation of the Stadiums and thereby prevent unwarranted duplication of services; and WHEREAS, both the School Board and the County mutually agree that the residents of the County should have access to the Stadiums for recreational purposes. NOW, THEREFORE, in consideration of the mutual promises made herein, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act of 1969. 1 2. COUNTY OPERATION AND MAINTENANCE RESPONSIBILITIES The County agrees to maintain and operate the Stadiums, in accordance with standards established by the Florida High School Athletic Association (FHSAA). Specifically, the County shall: A. have exclusive operation of all concession stands for all events when economically feasible as determined by the County. B. establish all ticket prices as mutually agreed to by the School Board Superintendent and the County Administrator. C. provide all tickets for School Board events. D. provide staff to manage, supervise and maintain operations of the Stadiums including personnel to sell tickets, manage gates and maintain facilities for high school football events. For J.V. football, soccer and track events, where low attendance is anticipated, the County is not obligated to provide staff. Upon notification to the School Board Athletic Director that the County does not intend to provide staff, the School Board can sell tickets, and manage the admission gates. E. pay all expenses related to the maintenance and operation of the Stadiums except as provided in paragraph 2 (I) below. F. provide priority scheduling for all high school football, soccer and track events for those high schools assigned to use the Stadiums as their home field. Additional High Schools may be assigned to the stadium(s) by mutual agreement of the School Board Superintendent and the County Administrator. Home School Stadium Assignments: Lawnwood Stadium: Fort Pierce Central High School and Fort Pierce Westwood High School South County Stadium: Treasure Coast High School and St. Lucie West Centennial High School The number of home events to be played at the Stadiums(s) will be according to the FHSAA requirement as set for each sport. 2 6. be the sole seller of advertising space at the Stadium, except as follows: School sponsored advertising shall be allowed on a game -by -game basis and shall be set up beginning one hour prior to game time and removed no later than one hour after the game ends. The County is not responsible for any school sponsored advertising left at the Stadiums after the event. H. make stadiums available for events, other than high school football, soccer and track events, sponsored by School Board of St. Lucie County at no expense to the County. I. provide the School Board the revenue from the gate receipts (paid attendance) generated by School Board sponsored events at the Stadiums up to $110,000. The County shall remit payment to the School Board monthly or as mutually agreed by the School Board Superintendent and County Administrator. In the event the School Board agrees to increase the total maintenance funding, the County will increase the gate receipt payment equal to the maximum maintenance funding. The County shall retain gate receipts in excess of the School Board's maximum maintenance contribution. J. follow the operations procedures as outlined in Exhibit A. These operating procedures may be changed by mutual agreement of the School Board Superintendent and the County Administrator. 3. SCHOOL BOARD RESPONSIBILITIES The School Board agrees to: A. schedule all football home games at the County Stadiums that are designated as school's home stadium, to the extent that the stadiums can accommodate a normal Thursday, Friday and Saturday varsity football schedule, and Junior Varsity games as the stadiums availability allows. Upon agreement of County Parks and Recreation Director and School Board Athletic Director home football games can be moved to alternate site to accommodate emergencies or extenuating circumstances. B. be responsible for purchase and repair or replacement, when needed, of all soccer and track equipment (not including the track surface). Upon request, the School Board may assist in the purchase or repair of other items required by School Board Stadium events as approved by the School Board Athletic Director. C. pay all FHSAA sanctioned officials for any athletic event sponsored by the School Board. D. follow the Stadium operating procedures for school sponsored events set 3 forth in the attached Exhibit "A". These operating procedures may be changed by mutual agreement of the School Board Superintendent and the County Administrator. 4. FLORIDA HIGH SCHOOL ATHLETIC ASSOCIATION SANCTIONED EVENTS NET REVENUE SPLIT For School Board sponsored FHSAA sanctioned events which are held after $110,000 has been generated in gate receipts, (i.e. post season playoff games, pre -season classics, spring football games, soccer, track) AFTER County Parks and Recreation expenses for the event are deducted, gate receipts will be split fifty percent (50%) to the County and fifty percent (50%) to the Host School. Implementation of this part of the Agreement will be conducted by the Project Managers or their designees. 5. PROJECT MANAGERS This Agreement is to be administered for the Board of County Commissioners by the Parks and Recreation Director or designee. This Agreement is to be administered for the School Board by the Superintendent's designee, the School Board Athletic Director. 6. MAINTENANCE AND REPAIR FUNDING The School Board payment for maintenance will be related to School Board use as measured by paid attendance. The School Board shall annually pay the County a minimum of $50,000 and a maximum of $110,000.00, to offset expenses of maintaining the Stadiums. The School Board payment shall be determined equal to paid attendance. The minimum payment of $50,000 shall be made to the County no later than September 1 of each year. Payments in excess of the minimum will be invoiced monthly to the School Board. In the event that the School Board's use, as measured by paid attendance, exceeds the $110,000, at the sole option of the School Board, they may agree to provide supplemental funds to further offset the maintenance expense of the Stadiums. 7. TERM This Agreement shall be effective as provided in paragraph 18 and shall remain in effect through September 1, 2056, unless earlier terminated as provided in paragraph 8 or renewed or extended by written agreement of the parties. 8. TERMINATION This Agreement may be terminated upon mutual agreement of the parties. In addition, either party may terminate the Agreement for cause if the other party breaches the Agreement and fails to cure the breach during the written notice period. Prior to terminating the Agreement for cause, the party seeking to terminate the Agreement shall provide the other party with a written notice ninety (90) days before the proposed termination identifying the alleged breach of this Agreement. In the event of termination of this Agreement, the School Board shall have the option, for a period of 180 days following termination, to reacquire the Lawnwood Stadium and real property described in the attached Exhibit "B", incorporated herein by reference, for a purchase price equal to the total cost of all capital improvements paid by the County for Lawnwood Stadium from the date of the transfer of the Lawnwood Stadium from the School Board to the County, less depreciation calculated on a straight line basis separately as to each claimed improvement. In the event the School Board exercises such option, it shall pay the cost of any due diligence (e.g. title insurance, boundary survey, environmental audit) that it might require. 9. NO DISCRIMINATION Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, ancestry, disability, age, sex, or marital status in the operation of the Stadium pursuant to this Agreement. 10. ANNUAL APPROPRIATIONS The obligations of both parties under this agreement are subject to annual appropriations by the School Board and the County. 11. COMPLETE UNDERSTANDING This Agreement contains the complete understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior oral or written agreements between the parties on the subject matter, including, but not limited to, that certain Amended and Restated Interlocal Agreement for Operations of Lawnwood Stadium, dated September 12, 2006, as recorded in Official Records Book 2662, at page 1299, of the Public Records of St. Lucie County, Florida, and that certain Operations Interlocal for South County Regional Stadium, dated September 12, 2006, as recorded in Official Records book 2670, at page 1971, of the Public Records of St. Lucie County, Florida. 12. NOTICES Any notice, payment, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered and given for all purposes, whether or not the same is actually received, if sent by registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: As to School Board: Superintendent of Schools 4204 Okeechobee Road Fort Pierce, Florida 34947 As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With copy to: School Board Attorney 4204 Okeechobee Road Fort Pierce, Florida 34947 With copy to: St. Lucie County. Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 or to such other address as the parties may from time to time specify in writing. Any such notice may at any time be waived by the person entitled to receipt of such notice. 13. AMENDMENTS This Agreement may only be amended by written document executed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other condition or subsequent breach whether of a like or different nature. 14. FURTHER DOCUMENTS The parties agree to execute and deliver such further instruments and do such further acts and things as may be necessary or desirable to carry out the purposes of this Agreement or any provision hereof. 15. SECTION -CAPTIONS Sections and other captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof. 16. SEVERABILITY Each provision of the Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 17. GOVERNING LAW This Agreement and the rights of the parties shall be governed by and construed in accordance with the laws of the State of Florida. 18. INDEMNITY; INSURANCE Subject to the provisions of Section 768.28, Florida Statutes, each party agrees to indemnify and hold harmless the other party for injuries or damages suffered as the result of negligent performance of the responsibilities outlined in this Agreement. Each party shall be responsible for determining whether to procure and maintain property/casualty insurance coverage on equipment and improvements owned by the party. 19. EFFECTIVE DATE This Agreement shall be effective upon filing a fully executed copy with the Clerk of the Circuit Court of St. Lucie County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seals this day of , 2009. ATTEST: SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA Michael J. Lannon, Superintendent and Ex Off icio Secretary STATE OF FLORIDA COUNTY OF ST. LUCIE 7 Dr. Judith Miller Chairperson APPROVED AS TO FORM AND CORRECTNESS: By: Daniel B. Harrell. Attorney for the School Board of St. Lucie County, Florida The foregoing instrument was acknowledged before me this day of 2009, by Dr. Judith Miller, as Chair of the School Board of St. Lucie County, Florida. She/he ❑ is personally known to be, or ❑ has produced as identification and ❑ did ❑ did'not take an oath. [Notary Seal] Notary Public -State of Florida Print Name: My commission expires: ATTEST: Print Name: Deputy Clerk STATE OF FLORIDA COUNTY OF ST. LUCIE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Paula A. Lewis Chairperson APPROVED AS TO FORM AND CORRECTNESS: By: Daniel S. McIntyre County Attorney The foregoing instrument was acknowledged before me this day of , 2009, by Paula A. Lewis, as Chair of the Board of County Commissioners. She/he ❑ is personally known to be, or ❑ has produced as identification and ❑ did ❑ did not take an oath. [Notary Seal] 0 Notary Public -State of Florida Print Name: My commission expires: EXHIBIT "A" OPERATING PROCEDURES FOR SCHOOL BOARD OF ST.LUCIE COUNTY EVENTS FOR LAWNWOOD STADIUM AND SOUTH COUNTY STADIUM 1. GENERAL ACCESS: The County will staff the Stadium to provide user access as follows: • Facility access provided for concessions, novelty sales, box office staff, and participant access gate two hours prior to scheduled game or event. • Stadium gates open one hour prior to scheduled game or event. • Stadium closes 45 minutes after end of event. Stadium secured and field lights off one hour after end of event, unless a later time is approved by the County Sports & Athletics Coordinator or designee. In consideration of the School Board's maintenance payment, stadium lighting costs are considered a part of the County's operational obligation and the School Board is not required to pay County lighting fees. 2. PARTICIPANT ACCESS GATE: Access through the participant access gate will be limited to School Board buses, team members, band members, coaches, cheerleaders and officials in uniform, equipment vehicles, and stadium security. The participant access gate will open two hours prior to the scheduled game or event. 3. PRESS BOX AND PUBLIC ANOUNCEMENT SYSTEM: Access to the press box will be limited to the announcer, scorekeeper, and game coaches and staff. The County will open the press box for the host school after which they shall be responsible for controlling access to the press box. The host school is responsible for providing security for all equipment and personal belongings left in the press box at all times. The County is not responsible for any loss or damage to any items in the press box. Prior to the start of an event the County shall set the audio controls for the PA system and lock access to same. Changes to the PA system's audio controls can only be made by the County Sports & Athletics Coordinator or designee. The School Board 10 Project Manager or designee is responsible for approving all recorded music broadcast over the PA system at a School Board event. The top of the press box will be reserved for Home and visiting School Board Personnel assigned to video-tape event 4. LOCKER ROOM: The County will open the locker rooms for teams after which each team shall be responsible for controlling access to their assigned locker room. Each team is responsible for providing security for all equipment and personal belongings of staff left in the locker room at all times. The County is not responsible for any loss or damage to any items in the locker rooms. 5. GENERAL: The following general criteria shall apply: • Field Crossing: Field crossing by unauthorized individuals is not allowed and will be prohibited by Stadium security staff. • Vehicles: No vehicles will be authorized to park in other than designated areas. Vehicles used for loading/unloading must be moved from the Stadium site one-half hour prior to gates opening. Vehicles that are not parked appropriately may be subject to ticketing or towing. • Admittance/Expulsion: The County or the School Board may admit or expel any individual from the Stadium when requested by Stadium security staff. • Security & EMS: The School Board shall in conjunction with local law enforcement and the SLC Fire District, determine and provide the number of security and emergency medical services personnel at School Board expense, required for all School Board events at the Stadiums. • Homecoming: The School Board Athletic Director shall provide the County with the names and contact information for each of the Stadium(s) home schools designated homecoming liaison no later than August 31. If special permits are required for homecoming event, application for such permits must be made prior to submitting homecoming plans to the County Sports & Athletics Coordinator or designee. • Field Lining: The County shall line stadium fields weekly for football and soccer 11 games. 6. GAME STAFFING: The School Board shall o provide all press box, scoreboard, and event related staffing (e.g., timekeepers, judges, referees, chain crew, spotters, stadium announcer, etc.) for all events sponsored by the School Board. o provide at School Board expense, such supplemental Stadium staff as the School Board shall determine appropriate for events sponsored by the School Board, which staff shall work under the direction, supervision, and control of the County. o designate game administrator from the host school to be responsible for assisting Sports & Athletics Coordinator or designee on situations dealing with injury, crowd control, possible gate problems enforcement of no reentry policy, and any other situation related to games management. For games where low attendance is anticipated, and upon agreement of the School Board Athletic Director, the Sports & Athletics Coordinator or designee must be on duty and available by phone but does not have to be at the stadium during the entire game. 7. TICKET SALES DISTRIBUTION AND WILL CALL: • All patrons must have a ticket to enter the stadium. The County shall provide all tickets for all School Board games. • For varsity football games, three (3) different colors of tickets will be used to classify and track admissions. Tickets will be classified as follows: o General admission (Ticket purchased at the Stadium) o School admission (Ticket purchased by School) o Courtesy admission (School Board Faculty and Game Worker) The School Board Athletic Director or designee will issue courtesy tickets to faculty and game workers. Courtesy Tickets are not considered paid admission UNLESS more tickets are collected by the County than are documented on the School's Courtesy Ticket List which shall be provided to the County Sports & Athletics Coordinator or designee prior to the end of the event. All courtesy tickets collected by the County must be accounted for on the School Board Courtesy Ticket List for the event. If more courtesy tickets are collected than are documented on the Courtesy Ticket List they shall be considered a School Admission and must be paid for by the School Board 12 at the established ticket price for the event. The School Board Athletic Director or designee shall verify that all individuals receiving a courtesy ticket are eligible. All courtesy tickets determined to be ineligible shall be considered a School Admission and must be paid for by the School Board at the established ticket price for the event. The following are eligible to receive courtesy tickets to be issued by the School Board Athletic Director or designee: • Faculty Staff ( two tickets per pass) • FHSAA Pass (one ticket per pass) • School Board Lifetime Pass (two tickets per pass) • School Board Gold Pass (one ticket per pass) • Special Event Pass (one ticket per pass) All persons eligible for a courtesy ticket must present identification and/or documentation at the Will Call window where they will receive a courtesy ticket for admission into the stadium. The Will Call window will be operated by school personnel who are responsible for controlling and issuing courtesy tickets to eligible persons. They are also responsible for maintain the Courtesy Ticket Log. Prior to the end of the event School Board personnel and the County Sports & Athletics Manager or designee will reconcile the Courtesy Ticket Log with courtesy tickets issued and collected. Records of ticket sales will be maintained by the County and verified by the School Board as required to meet Florida Department of Education audit requirements. For each game, the first and last ticket from the ticket rolls will be signed by the school personnel and be taped to the ticket report. 7. STADIUM PARKING, A. The host school may designate up to 20 VIP/Reserved parking spaces for school use for each event. The location of the VIP parking spaces must be approved by the County Sports & Athletics Coordinator or designee. It will be the school's responsibility to designate and control the VIP parking. B. With the submittal and approval by stadium security and the County Sports & Athletics Coordinator or designee, student groups may collect parking donations. All detailed plans for safely collecting parking donations must be approved in advance to insure the elimination of issues related to traffic entering the stadium safely and efficiently. 8. STADIUM CAPACITY 13 Stadium seating capacity is as follows: • Lawnwood Stadium: 6,000 people. • South County Stadium: 3,500 people. Capacity for the Stadium will not be exceeded for any reason. The County reserves the right to stop ticket sales if it determines that the Stadium capacity has been reached or is about to be reached. If it is determined that a school has oversold or overestimated patrons, the County will retain control of ticket distribution for future events of that school. The cost associated with providing such service shall be charged to the respective school. 9. NOVELTY SALES Each public school in the County retains the right to sell novelty items during Stadium events sponsored by each school. The location of a table for this purpose shall be at the discretion of the Sports & Athletic Coordinator or designee. The school shall notify the Sports & Athletic Coordinator or designee in advance of its intention to sell novelty items at any event. All sales points for novelty sales shall be ready for operation one hour prior to game time. All delivery vehicles must be parked in designated areas. Each school shall dispose properly of any trash or debris (boxes, etc.) generated during novelty sales, and shall return the site to its original condition. Security at all points of sale for novelty sales is the responsibility of the school. 10. CONCESSION SALES The County shall retain sole responsibility and control of all sales of food and beverages within the Stadium. For small events, where the County notifies the School that they will not open the concession, the school may provide and sell concessions, per State of Florida Health Department standards. Should a school decide to provide concessions they must provide their own concession stand and any equipment including tables, chairs, tent, etc. No school shall have access to the County concession stands. 11. DELAY OR CANCELLATION OF GAME 14 The School Board Stadium Security Staff shall retain final authority to decide if a game or other event should be delayed or canceled due to crowd management and security concerns. The FHSAA officials and designated school officials retain final authority to decide if a game or other event should be delayed or canceled due to inclement weather and field conditions. 12. STADIUM LIGHTNING POLICY The Thor Guard Lightning Predication System is currently installed at the Stadiums. ALL USERS, including but not limited to teams, participants, vendors, spectators, etc. MUST follow the following lightning policy: • When lightning poses a threat the Thor Guard Lightning Predication System will sound a fifteen (15) second siren and/or the systems flashing strobe light, located within the area, will go on. • Once the fifteen (15) second siren sounds, ALL USERS, including but not limited to teams, participants, vendors, spectators, etc., must leave the playing area/outdoor facility immediately and take cover in a vehicle in the parking lot. • When lightning no longer poses a threat, an all clear horn will sound three times for five (5) seconds and/or the flashing strobe light will go off. • Once the all clear horn sounds and/or the flashing strobe light goes off, the outdoor facility is open for play and users may return. • NO ONE, INCLUDING TEAMS, PARTICIPANTS, SPECTATORS, ETC., ARE ALLOWED TO RETURN TO THE OUTDOOR FACILITY UNTIL THE ALL CLEAR HORN SOUNDS OR THE FLASHING STROBE LIGHT GOES OFF NO MATTER WHAT THE WEATHER APPEARS TO BE. NO EXCEPTIONS. • No one, including County or School Board staff, shall alter in any fashion the Thor Guard Lightning Predication System. • The St. Lucie County Sports & Athletics Coordinator or designee shall cancel or postpone a game if the Thor Guard Lightning Prediction System has not cleared the area from a lightning threat one (1) hour after the system has activated. DISTRICT AND REGIONAL PLAY OFF GAMES ARE EXEMPT FROM THIS ELEMENT OF THE POLICY. 15 13. CHANGES TO OPERATING PROCEbURES These operating procedures may be changed by mutual agreement of the School Board Superintendent and the County Administrator. Annually, prior agreed to changes will be outlined in a Memo of Understanding approved and signed by same 16 EXHIBIT "B" LAWNWOOD STADIUM PROPERTY DESCRIPTION All of Block 113 lying North and East of the East 65 feet of Block 130; All of the South 325 feet of Block 114 lying North and West of the West 535 feet of Block 129; All of the portion of the South 325 feet of Block 115 lying North of the West 535 feet of Block 129; The West 535 feet of Block 129; The East 65 feet of Block 130; The East 65 feet of the North 125 feet of Block 137; The West 535 feet of the North 125 feet of Block 138; all of said land lying and being in LAWNWOOD ADDITION, according to the Plat thereof, as recorded in Plat Book 2, at Page 16, of the Public Records of St. Lucie County, Florida; TOGETHER WITH all adjacent street and alley rights -of -way vacated and abandoned by Ordinance No. E 233. Tax ID Number of subject property is 2416-504-0758-000/8 17 1 TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Parks and Recreation, Fairgrounds ITEM NO. VI -K2 DATE: 8/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Debbie Brisson Director First Amendment to Donation Agreement with SLC Fair Association for Fairgrounds Wastewater Treatment Plant Expansion BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 17, 2007 — BOCC approval of Donation Agreement RECOMMENDATION: Board approval of the first amendment to the Donation Agreement with the SLC Fair Association extending contract C07-04-307 one year as drafted by the County Attorney and authorization for the Chair to sign. COMMISSION ACTION: CONCURRENCE: (a APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Approved 5-0 Coordination/Signatures OMB Director County Attorney (x) /� Budget Analyst (x) Daniel S. McIntyre Marie Gouin Originating Dept. ( x ) ( ) Debbie Brisson (Name) Of Li COUNTY F LORI D AI, Parks and Recreation MEMORANDUM TO: Board of County Commissioners FROM: Debbie Brisson, Parks and Recreation Director 9k DATE: August 25, 2009 SUBJECT: First Amendment to Donation Agreement with SLC Fair Association for Fairgrounds Wastewater Treatment Plant Expansion ITEM NO. VI -K2 Background: In 2007, the BOCC approved the Fairground's wastewater treatment plant expansion project. This was necessitated by the planned addition of the Emergency Operations Center, the growth of the annual St. Lucie County Fair and the relocation of the Forestry Division's offices to the Fairgrounds. The Fair Association agreed to donate $50,000 toward the total cost of the expansion to be paid in five equal installments of $10,000. Payments are due May 23 of each calendar year beginning May 23, 2007 and ending on May 23, 2011. The Fair Association's first installment was received on June 25, 2007; the second on April 27, 2009. The Fair Association has requested the 2008 payment be deferred and the agreement be extended by one calendar year as the plant expansion project was not completed in time for the 2008 fair, per the attached letter to Mr. McIntyre. The extension of the contract will make the final $10,000 installment due on May 23, 2012. Recommendation: Board approval of the first amendment to the Donation Agreement with the SLC Fair Association extending contract C07-04-307 one year as drafted by the County Attorney and authorization for the Chair to sign. FIRST AMENDMENT TO APRIL 17, 2007 DONATION AGREEMENT ST. LUCIE COUNTY FAIRGROUND WASTE WATER TREATMENT PLANTS THIS FIRST AMENDMENT, made this day of , 2009, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", the ST. LUCIE FAIR ASSOCIATION, a Florida non profit corporation, hereinafter called the "Fair". WHEREAS, the Waste Water Treatment Plant at the St. Lucie County Fairgrounds (the "Fairground") requires increased capacity. WHEREAS, in an Agreement dated April 17, 2007, the Fair agreed to donate fifty thousand dollars ($50,000) to the project in ten thousand dollar ($10,000.00) installments over a five year period. WHEREAS, the Fair has requested a modification to the April 17 Agreement to provide that the five annual payments would be in 2007, 2009, 2010, 2011, and 2012; and WHEREAS, the Fair has paid the 2007 and 2009 annual payments. NOW, THEREFORE, IN CONSIDERATION of the mutual benefits received by each party, the parties mutually agree as follows: 1. Paragraph 1 "Fair Obligations" is amended to read as follows: 1. Fair Obligations. In consideration of the rights granted under this Agreement, Fair agrees as follows: A. Fair shall pay the County $50,000. The first ten thousand dollar ($10,000.00) installment was paid on June 25, 2007. The second installment was paid on April 27, 2009. B. Fair shall provide the County each additional installment by May 23" beginning May 23, 2010. 5:\ATTMAGREEMNT\Fair Association Donation-IA.wpd 1 The last $10,000 installment shall be due by May 23, 2012. IN WITNESS WHEREOF, the parties have executed or have caused this First Amendment to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this First Amendment. BOARD OF COUNTY COMMISSIONERS ATTEST. ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: FAIR ASSOCIATION S:\ATTY\AGREEMNT\Fair Association Donation-lA.wpd BY: NAME: q tf 01/15/2006 22:16 7724622579 SLC FAIRGROUNDS PAGE 01/01 April 29, 2009 Dear Mr. McIntyre This letter is to request that the donation agreement with regard to the waste water treatment plant between the St. Lucie County Fair Association and St. Lucie County be extended one year. The explanation is as follows: The Fair was told upon signing the agreement in April of 2007 that the sewer in the campgrounds would be completed by July of 2007, we were told in December of 2007 that the work would not be completed by fair time, February 2008. The donation to the County is based on additional revenues the Fair would generate by charging a higher rate to vendors for camping privileges during the annual fair. Those revenues were not collected in 2008 because of the delay in the project. We are asking to please extend the contract to 2012. We are grateful for our relationship with St. Lucie County and look forward to continuing to partner with the Park and Recreation Department to continue to make our fairgrounds one of the finest in the State. Thank you for your consideration in this matter. Sincerely, Donallen Hamrick President St. Lucie County Fair Association, Inc. Cc. Faye Outlaw, County Administrator Debra Brisson, Director Parks and Recreation ti AGENDA REQUEST 77OCINT771, E L U R 1 TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. if DATE: August 25, 2009 REGULAR [XX] ADDITIONS PUBLIC HEARING [] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: FPL Energy Secure Line (Natural Gas Pipeline) - Permission to Advertise - Project Informational Meeting BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant permission to advertise a public information meeting on FPL's proposed natural gas pipeline in late September 2009. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: fL� Daniel 5. McIntyre Originating Dept. Finance: (Check for copy only, if applicable) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals Management & Budget Purchasing: Public Works Dir: County Eng.: Eff. 5/96 womm's" COUNTY F L O R I D A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 09-1054 DATE: August 24, 2009 SUBJECT: FPL Energy Secure Line (Natural Gas Pipeline) - Permission to Advertise - Project Informational Meeting BACKGROUND: Florida Power & Light (FP) is proposed to build a natural gas pipeline that will start in Bradford County and end in Palm each County. The proposed pipeline is 280 miles long and will go through 14 counties including St. Lucie County. The permitting process for the pipeline is governed by the Natural Gas Pipeline Siting Act which is intended to provide a centralized permitting process to evaluate project impacts. The process is coordinated by the State of Florida Department of Environmental Protection (FDEP) and involves public hearings with an Administrative Law Judge with certification issued (or not) by the Governor and Cabinet sitting as the Siting Board. Under the terms of the Siting Act, local governments are encouraged to hold informational meetings to assist in explaining the project plans and impacts in order to better solicit comments from the public about the project. Although the Act does not require attendance by the applicant (FPL or FDEP), both FPL and FDEP appear and participate in the meeting. Staff is suggesting that the Board schedule an informational meeting in late September 2009 in the County Commission Chambers at 6:00 p.m. or as soon thereafter as the item may be heard. The Board should decide whether the meeting should be a special Board meeting or a meeting which is run by County staff. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise a public information meeting on FPL's proposed natural gas pipeline in late September 2009. Ily submitted Daniel 5. McInty County Attorney DSM/caf ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org 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 MINUTES Approve the minutes from the August 11, 2009 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 46 and 47. 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-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 11, 2009 Convened: 10:15 a.m. Adiourned_ 10-16a 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, Marie Gouin, OMB/Purchasing Director, Don West, Public Works Director, Jim David, Mosquito Control Director, Millie Delgado -Feliciano, Deputy Clerk I. MINUTES Approve the minutes from the July 14, 2009 meeting. It was moved by Com. Craft, seconded by Com. Grande to approve the minutes of the meeting held July 14, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT None III. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 42, 43, 44 and 45. The Board approved Warrant List Nos. 42, 43,44 and 45. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 08/14/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #46- 08-AUG-2009 TO 14-AUG-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 78,248.37 146 Mosquito State I Fund 9,175.09 GRAND TOTAL: 87,423.46 PAGE 1 PAYROLL 0.00 0.00 0.00 08/21/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #47- 15-AUG-2009 TO 21-AUG-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 33,588.82 GRAND TOTAL: 33,588.82 PAGE 1 PAYROLL 39,449.90 39,449.90 EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org 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 ru�u>t��tul;�tul��i�til`�u[u��t�€��utueulla�tuatuu�t;>�u��r �t�ilii�l�li�ti��t�til;itluut�irti<uifli�titt��li�ltt� MINUTES Approve the minutes from the August 11, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 46 and 47. B. PUBLIC WORKS South St. Lucie County Beach Restoration Project Consider staff recommendation to approve to submit permit applications for the South St. Lucie County beach and dune restoration alternative as recommended in the agenda memorandum. 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-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 11, 2009 Convened: 10:16 a.m. Adjourned: 10:20 a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Doug Coward, Chris Dzadovsky, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Christopher Steers, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, OMB/Purchasing Director, Don West, Public Works Director, Richard Bouchard, Erosion Manager, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve meeting minutes from the July 14, 2009. It was moved by Com. Lewis, seconded by Com. Grande, to approve the minutes of the July 14, 2009 meeting, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT Mr. Craig Mundt, Hutchinson Island resident, addressed the Board regarding item B-1 The Erosion Manager addressed Mr. Mundt's question. III. CONSENT AGENDA It was moved by Com . Grande, seconded by Com. Dzadovsky to approve the Consent Agenda as amended changing the term of agreement section language on item 4 of the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 42, 43, 44 and 45. B. PUBLIC WORKS FDEP Fort Pierce Shore Protection Agreement Consider staff recommendation to approve Change Order No. 1 to FDEP Fort Pierce Shore Protection Project Agreement 04SL1 as outlined in the agenda memorandum and authorization for the Erosion District Manager to sign the attached change order as the Grantee Grant Manager. Florida Beach Erosion Control Program FY-2010/11 Funding Request Consider staff recommendation to approve to submit the Florida Beach Erosion Control Program FY-2010/11 funding application request along with supporting Resolution No. 09-006. 3. Artificial Reef Grant Program Consider staff recommendation to approve to apply for artificial reef construction grant to the Marine Fisheries Initiative (MARFIN) for up to $525,000. Artificial Reef Grant Program Consider staff recommendation to approve of $50,000 supplemental grant funding from the Florida Fish and Wildlife Conservation Commission, acceptance of Budget Resolution 09-007 and authorization for the Chair to sign document as approved by the County Attorney. The Erosion Manager advised the Board about the change in the language in the the term of agreement section of the artificial reef construction project document to read, "The GRANTEE may apply expenditures for work, described in Attachment A, Scope of Services, completed between September 1, 2008 and August 31, 2009, to the required Match." There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 08/14/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #46- 08-AUG-2009 TO 14-AUG-2009 FUND SUM ARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 169.80 GRAND TOTAL: 169.80 PAGE 1 PAYROLL 0.00 0.00 08/21/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #47- 15-AUG-2009 TO 21-AUG-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 362.58 GRAND TOTAL: 362.58 PAGE 1 PAYROLL 4,966.40 4, 966.40 COUNTY � F L O R I D A " S AGENDA REQUEST ITEM NO. 111-B DATE: 08/25/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: Richard A. Bouchard,P.E. j SUBMITTED BY: Public Works — Erosion District Erosion District Manager SUBJECT: South St. Lucie County Beach Restoration Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Grant funding and consultant agreements have been previously authorized for the design and permitting of the South St. Lucie County Beach project. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to submit permit applications for the South St. Lucie County beach and dune restoration alternative as recommended in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( x)' Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel S. McIntyre Originating Dept. ( x) Don Id B. West AGEND356.PERMIT SCB Erosion District (x) Marie Gouin -- Tawonna Johnson (x) Richard A. Bouchard Public Works Erosion District MEMORANDUM TO: St. Lucie County Erosion District Board THROUGH: Donald B. West, P.E., Public Works Director. %A FROM: Richard A. Bouchard, P.E., Erosion District Manager] DATE: August 25, 2009 SUBJECT: South St. Lucie County Beach Restoration Project ITEM NO.: III-B Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal Shore Protection Project to provide for future re -nourishment of the beaches in the project area. During the 2006/07 budget session, the State approved $3 million to assist St. Lucie County with the South St. Lucie County Beach Restoration project because of impacts from hurricane activity. Several meetings and discussions took place with staff from the Florida Department of Environmental Regulation (FDEP) and the U.S. Army Corps of Engineers (USACE) to identify various tasks that would minimize duplication of effort and provide for an accelerated course of action. On January 23, 2007, the Board approved two separate work authorizations with Coastal Tech along with FDEP Project Agreement 07SL2 for $3 million in State funds to undertake these long-term tasks. Two public workshops took place on this project. The first workshop occurred in April 2007, primarily to delineate the study area and identify the purpose of the project, which is to: • offset sediment deficit (erosion) • restore and maintain the beach & dune system ■ provide for a recreational beach ■ create habitat for marine turtles and wildlife ■ provide storm protection for upland property and infrastructure The second public workshop took place in April of this year identifying the project area along with presenting the following alternatives: ■ no action ■ restore with no hard -bottom impacts ■ restore beach & dune to 1972 conditions ■ restore dune with 35' beach berm width (recommended plan) ■ restore dune with 70' beach berm width The vast majority of public comment recommended going with the alternative that includes partial restoration of the dune system with a 35' beach berm width. Attachment "A" delineates both the initial study area and the refined project area for the South County Beach Restoration project. The study area consists of approximately 7.3 miles and extends south from the St. Lucie Nuclear Plant to the Martin County line. Several factors such as CBRA zone designation, lack of August 25, 2009 Item III-B Page 2 development and "critical erosion" shoreline designation by FDEP have influenced the removal of various segments from the project area during the plan formulation. The proposed project area consists of approximately 3.7 miles and contains two shoreline segments, the Sand Dollar Shores/Dune Walk development to the north and the Normandy Beach segment south to the Martin County line. The intent is to provide for a one-time State -County beach restoration project in anticipation of future re- nourishments through the federal shore protection program. Attachment "B" provides a typical depiction of the recommended design alternative, similar to the Martin County beach project design immediately to the south. The proposed design includes an enhanced dune in concert with an equilibrated 35-foot beach berm width. Placement of dredged beach -compatible fill on the beach would occur from a near -shore borrow area as located on Attachment "C." One acre of near -shore hard -bottom impacts will most likely occur from the proposed beach fill requiring some form of mitigation. Estimates for the placement of beach -compatible fill in the project area are slightly more than 600,000 cubic yards at a cost of approximately $10,000,000. Considering the lengthy permitting process and sea turtle nesting season, it would appear the earliest construction could commence would be after October 31, 2011. With the recent addition of grassed parking areas at both Dollman and Waveland beach and the anticipated completion of the restroom at Dollman by September of this year, State cost sharing for this project should increase from 29.9% to 44% while the County's share should decrease to 56%. Additional cost savings are likely if a regional project could be coordinated with the Martin County, tentatively scheduled for construction during the spring of 2012. Additional agenda items for future Board consideration will include scopes of work to: • establish a fair and equitable funding mechanism to generate the local share of the project costs, • coordinate the National Environmental Policy Act/Environmental Impact Statement (NEPA/EIS) and • assist the County with engineering and construction administration. The attached project status report (Attachment "D") from Coastal Tech also contains additional project details. Previous Action: January 23, 2007 - Board approved FDEP Project Agreement 07SL2 and W.A. Nos. 6 and 7 with Coastal Tech for design & permitting and geotechnical work of the Southern St. Lucie County Beach project. April 30, 2007 - First Public Workshop to discuss study area and project needs. July 15, 2008 - Board approved Amendment No. 1 increasing the grant amount by $42,515. April 29, 2009 - Second Public Workshop to discuss plan formulation and various design alternatives. Recommendation: Board approval to submit permit applications for the South St. Lucie County beach and dune restoration alternative as recommended in this agenda memorandum. Attachment "A": Project Location Map (1 page) Attachment "B" Beach & Dune Design Section (1 page) Attachment "C Borrow Area Location Map (1 page) Attachment "D Coastal Tech's Project Status (4 pages) s,d`! 4 > r.. �e Q Q v °P a Pr to 3 0 J C m o LO LO U L� I I G i A W ' A LiJ ' ttl cp oU T, C7 0 Cn U U _ 03 t �7 r .----... '---- --- i ---- A c r C� SV Cei co (a.Z7 -E U 7 v u C t ; rT 0 0 1.1 A ---- ------ +---- - ---- -i---- ---- - - - I "Q - Q% ^1 C. C: T ' c r r t tLL �- ' a A lei LJ ; in L Y� 1 T i � i � U. f•Ir, ,.�I EL • � L Lo CL rn it 1 i i r' U A [ j 1!' I e I A LO 0 LO .� •— I T T C'U (CAVN-I,-),')A) ►JOI.PAOIZI r-1 S z u u O j.r . blJd�' %S L O O u Cil � L Lz. IM . Attachment "D" St. Lucie County South County Beach Project Project Status 24360.06 August 7, 2009 Key Issue: The original Project Design approach included criteria to limit the beach fill to that sufficient to restore the 1972 profile. A multitude of alternative fill areas were assessed subject to this "1972 criteria", but all alternatives were found to (a) require only minimal fill quantities that are likely most suitable for a truck -haul project, and (b) at best be marginally economically justified. Additional alternatives were investigated to formulate a more cost effective project that may entail fill beyond that needed to restore the 1972 profile. It has been concluded that a fill template including a Design Beach with a 35' berm — comparable to the USACE Martin County Project — is the most economically justified and is recommended by Coastal Tech. It is recommended that the Board of County Commissioners authorize County staff and the County's consultants to complete and submit permit applications to allow for construction of the recommended project with a 35' berm. Key Proiect Milestones to date: February26, 2007 - Design & Permitting work authorized by County for Study Area that extends from north of from FP&L Plant to Martin County Line; Project Area is to be identified. April 30, 2007 — Planning Charette held with public participation: ■ Conditions Assessment results were presented — 1972 to 2006 survey data indicates erosion losses of 291,353 cubic yards of sand over Study Area (-7.8cy/ft) from just north of the FP&L Plant to the Martin County Line. ■ Public Comments generally embrace limiting beach fill to that sufficient to restore the 1972 profile — as originally proposed in "1972 criteria". May 29, 2007 - pre -application conference held with USACE and federal agencies whereas National Marine Fisheries Service (NMFS) cited the requirement for a Essential Fish Habitat Assessment (EFH Assessment) for the proposed offshore borrow areas. June 2007 to Jul 2008 — Coastal Tech and County staff formulate work plans and seek agreement by FDEP and USACE staff for needed EFH Assessment and expanded/updated hardbottom mapping. February 7, 2008 -Ore-application conference with FDEP staff who noted that new and recent aerial photography and ground-truthing are needed to verify whether the 2006 hardbottom data is still representative of existing hardbottom resources. June 17, 2008 — Via Memo, County makes a formal request that FDEP designate entire Study Area as "critically eroded" as needed to justify State funding and to provide a basis for identification of Project Area. Note this was not concluded by FDEP until December 2008. k) COASTAL TECH COASTAL > ENVIRONMENTAL • 01.1L e ENG„NEERt��- F iJ. South County Beach Project - Project Status August 7, 2009 Page 2 of 4 July 17, 2008 — County authorizes Environmental & Supplemental Investigations to address EFH Assessment and expanded/updated hardbottom mapping required by NMFS and FDEP respectively. July 2008 — Aerial photography and ground-truthing transects begins in Study Area; transects by CSA are interrupted by weather; EFH work by Grant Gilmore is begun. December 5, 2008 — FDEP concludes via letter that: ■ Two shoreline segments in the Study Area are "Critically Eroded" and qualified for State funding: (a) R-80 to R-90.3 — from the FP&L Plant to south of Sand Dollar Shores, and (b) R-98 to the Martin County Line - from just north of Regency Island Dunes south to County line. ■ Although other "areas have experienced severe storm erosion, the available engineering data does not indicate erosion to such a degree that upland development, recreational interests, wildlife habitat or important cultural resources are threatened or lost." With USACE criteria for "Storm Damage Reduction", the above letter effectively delineates the Project Area as the developed area - limited to that shoreline from R-88.5 to R-90.3 (surrounding Sand Dollar Shores) and R-98 (just north of Regency Island Dunes) to the Martin County Line. January 16, 2009 - Coastal Tech meets with Richard Bouchard & Pat Pacitti to review recommendations by Coastal Tech based upon the original "1972 criteria" - to limit the beach fill to that sufficient to restore the 1972 profile"; the following was noted: ■ Within the Project Area, only about 34 of the 116 existing structures are currently vulnerable to damage in the event of a 15-year storm event — primarily associated with dune over -wash. This relatively "low -risk" existing condition does not appear to provide a firm basis for a project with fill densities greater than the "No Impact" alternative. ■ The "No Impact" Alternative minimizes environmental impacts; as a result, permits would likely be most rapidly obtained compared to other alternatives. The "No Impact" Alternative would place within the Project Area about 160,OOOcy which is about 80% of the fill associated with the "1972 Template" - previously identified as the maximum fill template. ■ Based upon the original criteria (limited to 1972 profile) and FDEP's conclusion regarding critically eroded areas, Coastal Tech recommended that the proposed Project fill entail the "No Impact" fill template with fill placement in two segments: R-88.5 to R-90.3 (surrounding Sand Dollar Shores) and R-98 (just north of Regency Island Dunes) to the Martin County Line. ■ It may be desirable to assess a more substantive fill project to ascertain whether it may be more cost-effective as the NED project. It was agreed that Coastal Tech would assess two additional alternatives: (a) a 35' berm — comparable to the USACE Martin County Project, and (b) a 70' berm. COASTALTECH COASTAL • EWRONMENTAL - CML • ENGINEERING AND PLANMNG South County Beach Project - Project Status August 7, 2009 Page 3 of 4 February 25 2009 - Grant Gilmore meets with Coastal Tech to review his draft report and key conclusions relative to fisheries impacts associated with potential use of offshore shoals as borrow areas. Grant conveyed that he believes the shoals can be used as a borrow source, but additional investigations are warranted to identify the most productive fish spawning grounds which should be avoided. March 4, 2009 — Coastal Tech meets with Richard Bouchard & Pat Pacitti to review Coastal Tech's assessment of the additional alternatives; "; the following was noted: ■ From 2006 to 2008, about 170,000cy (-5 cy/ft) has accumulated on the Project Area beaches recovery; this natural recovery is nearly equivalent to the fill quantities placed by the County after the 2004 hurricanes. This accumulation of sand has resulted in a reduction of: o the fill required to restore the 1972 profile , o the expected damages associated with the "Without Project" condition, and o the corresponding B/C ratio for the "no Impact" and "1972 Template" alternatives. ■ Coastal Tech recommends the 35' berm alternative to be brought forward as the preferred alternative. April 29, 2009 — Planning Charette held with County staff & public participation: • Project History was presented. ■ Additional fill alternatives (35' Berm and 70' Berm) were presented. • Recommendation of 35' Berm as preferred alternative presented ■ Public Comments generally embraced the recommendation of the 35' Berm as preferred alternative. May 27, 2009 — Letter from U. S. Fish and Wildlife Services (USF&WS) in response to a USACE request for a "consistency determination" under the Coastal Barrier Resources System Act (CBRA), clearly precludes "expenditure of Federal revenues" for: (a) "renourishment of the beaches" within the CBRA units, or (b) construction of "end structures such as groins or jetties within the excluded areas" adjacent to the CBRA units. July 2, 2009 — County staff and Coastal Tech meet with USACE staff whereas the following key conclusions were noted: (1) The County's proposed South County Beach Project (non-federal project) is intended to be the initial construction for the federal project, which would consider current or 2009 conditions as the "without -project" condition. (2) The significance of the May 27, 2007 letter from the U.S. Fish and Wildlife Service (USF&WS) was affirmed — as described above. (3) Any beach nourishment in the "excluded areas" would likely erode quickly and not perform well; the USACE would likely conclude that beach nourishment within the "excluded areas" is not economically justified for federal participation. (4) The County might propose a "Locally -Preferred -Plan" where the County would fund nourishment between the "excluded areas" which might yield an economically justified federal project including "excluded areas". The USACE can evaluate a "Locally -Preferred -Plan" as described above. COASTALTECH COASTAL ENVIRONMENTAL • ONIL • ENGINEERING AND D A:Jr�j it South County Beach Project - Project Status August 7, 2009 Page 4 of 4 (5) To initiate the NEPA/EIS process, the County must submit a permit application. (6) About $1 M federal funding maybe forthcoming in FY09/10 for the USACE to advance the South County Beach Project; the County and USACE will need to formulate a new agreement for this forthcoming funding. Future Actions & Timing (best case scenario) • August 27, 2009 - pending Board approval - submit JCP application • August 27, 2009 to July 8, 2010 or beyond — Permit processing (at least 4 Requests for Additional Information or "RAI" expected from FDEP) • October 15, 2009 — USACE issuance of Public Notice • September 2010 — Final EIS Completion • December 2010 - USFWS and NMFS Biological Opinions Completed • January 2011 — FDEP & USACE permits issued COASTALTECH COASTAL . ENVIRONMENTAL < CI'✓iL • ENGINEERING AND PLANNING