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HomeMy WebLinkAboutAgenda Packet 09-22-2009 c:~~/~ ittjulilltiliiit~i~udullt~~twiClt[i~~litiiEilttit~f~it#Nttti[litittl8i~ttiitiitt~it~ttittlltiillUNit~illWti~i~[Iliiiilitlit~i~iiti~ilii~illfitiPiii~Wiltliiil(ti iifiitii~iiiGiliiiiiiHiitiili September 22, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 09!18109 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 r~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 respecttul 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. September 22, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-I u ci e.fl. us www.stlucieco.org iillifitiiC~iliii~iiiitiui~li~liiiNiii~itli~tviii[(itiillililliiiii(illifiliiitiililliiiliiiiiilllti ~ #iiiNiiltiiffiil~iiti111ii[iiiitiilt~Liitt~tliif[iiii€iittTiiiliti~illitiiittii~iiiiiiiiiit 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 iiiiii{[ltiitiitfiiil~itiliiiiu~~i~iiiiiitliLfiiiiiiNlittiltiiiliiiii1111iiiiillgtli~lliiilliiiitllihiNlti~tiiiWNiiliiilitiii[itliti~i(Iiliiiiti~i~ilUit~tNlfiilifillii~liiiCiiiiiililtiiiiliitii I. INVOCATION II. PLEDGE OF ALLEGIANCE II~ MINUTES Approve the minutes from the September 10, 2009 Tentative Budget Public Hearing. f~ Approve the minutes from the September 15, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS ~ A. Resolution No. 09-261 proclaiming the fourth Monday in September 2009 (September 28, 2009) as "Family - A Day to Eat Dinner with Your Children" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-261 as drafted. B. Presentation by Linette Trabulsy of the Treasure Coast Chapter of the Florida Public Relations -_-I,ww Association =~Y C. Resolution No. 09-291 proclaiming the week of October 4 through October 10, 2009 as "Mental Health Awareness Week" in St. Lucie County, Floridan (~unlanu °r Garrz.l i~~~~`JGn ~ne, ~ Consider staff recommendation to adopt Resolution No. 09-291 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA ' ~r~ ~ ~ ~ ? ~ A. WARRANTS ~ ~~d i ~ I U}rl `f~ n 5~' 1 Approve warrant list No. 51 B. COUNTY ATTORNEY 1. Donation of Right-of-Way - St. Lucie County School Board - 5 feet on St. James Drive and 10 feet Temporary Construction Easement -Resolution No. 09-272 Consider staff recommendation to approve to accept the Quit-Claim Deed and Temporary Construction Easement authorize the Chair to sign Resolution No. 09-272 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED 2. Funding request for a Case Manager for Mental Health Court. Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community. Consider staff recommendation to approve to deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Case Manager position that works in the Mental Health Court. This contract term will be from 10/1/09 thru 9/30/10. 3. Amendment to Debris Removal and Monitoring Agreements Consider staff recommendation to approve the amendments to the debris removal and monitoring agreements as drafted by the County Attorney. 4. Resolution No. 09-230 -Amending the Articles of Incorporation for the Treasure Coast Local Council of Local Governments Consider staff recommendation to adopt the attached Resolution No. 09-230 and authorize the Chair to sign the Resolution. 5: Summer Wind - G&G/Aqua III, LLC -Conservation Easement -Resolution No. 09-273 Consider staff recommendation to accept the Conservation Easement, authorize the Chair to sign Resolution No. 09-273 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Indian River Estates MSBU -Master Meter -Parcel I.D. No. 3402-604-0055-000-7 City of Port St. Lucie -Utility Easement and Temporary Access and Construction Easement Consider staff recommendation to approve the Utility Easement and Temporary Access and Construction Easement in favor of the City of Port St. Lucie, authorize the Chair to execute the Utility Easement and Temporary Access and Construction Easement, authorize acceptance of a check from the City of Port St. Lucie for $3,951.00 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 7. Bear Point Mitigation Bank -Credit Reservation Agreement with Kiwi Partners, L.L.C. Consider staff recommendation to approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with Kiwi Partners, L.L.C., and authorize the Chair to sign the agreement. 8. Sustainable Resources International, Inc. -Second Amendment to Lease Agreement Consider staff recommendation to approve the proposed Second Amendment to the Lease Agreement with Sustainable Resources International, Inc., and authorize the Chair to sign the Second Amendment. 9. Resolution No. 09-284 -Authorizing Term Loan to Provide Permanent Financing for Harmony Heights MSBU Special Assessment Project Consider staff recommendation to approve to adopt Resolution No. 09-284 and authorize the Chair to sign the Resolution. B. COUNTY ATTORNEY CONTINUED 10. Resolution No. 09-285 -Extending Maturity of Advances under Loan Agreement for MSBU Line of Credit with SunTrust Bank Consider staff recommendation to approve to adopt Resolution No. 09-285 and authorize the Chair to sign the Resolution. 11. Resolution No. 09-286 -Authorizing Term Loan to Provide Permanent Financing for Sunland Gardens Phase II MSBU Special Assessment Project Consider staff recommendation to approve to adopt Resolution No. 09-286 and authorize the Chair to sign the Resolution. 12. Authorization to enter into an Impact Fee Payment Agreement with Dory and Maria Lopez for delinquent Impact Fees pursuant to Resolution No. 09-114. Consider staff recommendation to approve the Impact Fee Payment with Dory and Maria Lopez and sign the Agreement as drafted by the County Attorney's Office. 13. ADDITION TO AGENDA - T 8 T Land, Ltd. -Permission to Advertise Horse for Sale at Auction Consider staff recommendation to approve to authorize the sale of the horse to the highest qualified bidder at auction. C. HUMAN RESOURCES Compensation for staff called for active duty during the fiscal year of October 1, 2009 to September 30, 2010. Consider staff recommendation to approve authorization to extend the time frame for staff called to active duty for the fiscal year of October 1, 2009 to September 30, 2010. D. PARKS AND RECREATION 1. Bid waiver and award of contract to Sports Turf One, Inc. Consider staff recommendation to approve to waive the bid process and award a contract to Sports Turf One, Inc. in an amount not to exceed $75,000 as outlined in the agenda memorandum, and authorization for the Chair to sign documents as approved by the County Attomey. 2. Budget Resolution No. 09-277, Children's Services Council Summer Camp and Swim Lessons Grant Funds Consider staff recommendation to approve Budget Resolution No. 09-277, allocating $12,500 in summer camp and swim lessons grant funds from the Children's Services Council of St. Lucie County as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attomey. E. COMMUNITY SERVICES 1. Earned Income Tax Credit (EITC) Grant Award and Budget Resolution No. 09-263 Consider staff recommendation to approve acceptance of the Department of Health and Human Services second year award 90ET0414/02 for $50,000; approval of Budget Resolution No. 09-263; and authorization for the Chair to sign documents as approved by the County Attorney. 2. Allocation of Funds from the State Housing Initiative Partnership (SHIP) State FY09 Consider staff recommendation to approve Budget Resolution No. 09-260 to budget funds from the SHIP FY09 additional fourth quarter allocation, and authorization for the Chair to sign the resolution as approved by the County Attorney. 3. St. Lucie Habitat for Humanity CHDO, Inc. Agreement Consider staff recommendation to approve the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity CHDO, Inc., and authorization for the Chair to sign the agreement as approved by the County Attorney. 4. Short List of Community Partners for the Acquisition/Rehabilitation and Management of Rental Properties, RFP 09-052 Consider staff recommendation to approve to short list firms for RFP 09-052, and authorization to: 1. Conduct oral presentations with the top two ranked firms; 2. Negotiate contracts with the top two ranked firms; and 3. Award contracts to the top two ranked firms and authorization for the Chair to sign the contracts as prepared by the County Attorney. 5. FY 10 contract and revised fee schedule for the State of Florida for operation of the St. Lucie County Health Department Consider staff recommendation to approve acceptance of the contract with the State of Florida for $22,437,431 and authorization for the Chair to sign the contract as approved by the County Attorney. 6. Agreement Revision with Council on Aging Consider staff recommendation to approve acceptance of revised agreement with the Council on Aging of St. Lucie County Inc (COASL); and authorization for the Chair to sign documents as approved by the County Attorney. F. AIRPORT 1. PBS&J Work Authorization (WA) No. 7 for Resident Project Representative (RPR) Services for the Runway 10R/28L Rehabilitation Project. Consider staff recommendation to approve of PBS&J Work Authorization No. 7 for Resident Project Representative Services for the Runway 10R/28L Rehabilitation Project for a lump sum cost o $35,810, and authorization for the Chair to sign the document as approved by the County Attorney. F. AIRPORT CONTINUED 2. Budget Resolution No. 09-276, Runway Rehabilitation Project Consider staff recommendation to approve Budget Resolution No. 09-276 establishing the fund for the Florida Department of Transportation grant for the runway rehabilitation project in the amount of $89,648, with the local share match of $89,648, and authorization for the Chair to sign the document as approved by the County Attomey. 3. Budget Resolution No. 09-275, Airport Security Fencing Consider staff recommendation to approve Budget Resolution No. 09-275 establishing the fund for the FDOT grant for the airport security fencing project in the amount of $2,640, with a local watch share of $2,640, and authorization for the Chair to sign the document as approved by the County Attomey. G. PURCHASING 1. Amendment to Contract for Horseback Riding on the Beach Consider staff recommendation to approve of the first amendment to Contract No. C06- 01-335 with Alan Hayes, extending the contract through May 29, 2011, and authorization for the Chair to sign documents as approved by the County Attomey. 2. Amendment to Contract for Cleaning of Tradition Field Sports Complex Consider staff recommendation to approve of the first amendment to Contract No. C07- 12-705 with Coverall extending the contract through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. 3. Bid No. 09-061, Concrete, Culvert and Asphalt Installation Consider staff recommendation to approve to award Bid No. 09-061, Concrete, Culvert and Asphalt Installation, to Melvin Bush Construction of Fort Pierce and authorization for the Chair to sign documents as approved by the County Attomey. 4. Bid No. 09-063, St. Lucie Boulevard to Angle Road Force Main Extension - Phase II Consider staff recommendation to approve to award Bid No. 09-063, St. Lucie Boulevard to Angle Road Force Main Extension -Phase II, to H & D Construction Company, Incorporated of Fort Pierce, in the amount of $316,848.40 and authorization for the Chair to sign documents as approved by the County Attomey. 5. Bid No. 09-067, Enhanced Swale Maintenance Consider staff recommendation to approve to award Bid No. 09-067, Enhanced Swale Maintenance, to Environmental Land Development, Incorporated of Fort Pierce and authorization for the Chair to sign documents as approved by the County Attomey. 6. Master Equipment Lease/Purchase Agreement for Computer Equipment and Software Consider staff recommendation to approve of Budget Resolution No. 09-281 to establish a budget for the master lease purchase agreement financing for computer equipment and software. H. ENVIRONMENTAL RESOURCES 1. Reimbursement for sea grape trimming and exotic removal on County Property. Consider staff recommendation to approve Budget Resolution No. 09-274 accepting $1,200.00 from Bryn Mawr Ocean Towers Condominium Association for sea grape trimming and exotic removal on County property. 2. Lease Agreement with South Florida Water Management District Consider staff recommendation to approve authorization to enter into a South Florida Water Management District Lease Agreement for 616.22 acres for a period of ten (10 years, with the option to renew, at no cost to the County, as described in Exhibit "A", and authorization for the Chair to sign documents as approved by the County Attorney. I. LIBRARY Sirsi/Dynix annual Software Maintenance contract renewal Consider staff recommendation to approve of Sirsi/Dynix software maintenance agreement in the amount of $30,307.28. J. GRANTS/DISASTER RECOVERY DEPARTMENT 1. Florida Division of Emergency Management Citizen Emergency Response Team Program -Grant Application Consider staff recommendation to approve to submit a grant application to the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program requesting funds of $15,000 to continue the St. Lucie County CERT Program. 2. Florida Division of Emergency Management Citizen Corps Program -Grant Application Consider staff recommendation to approve authorization to submit a grant application to the Florida Division of Emergency Management Citizen Corps Program requesting funds of $15,000 to continue the St. Lucie County Citizen Corps Council. END OF CONSENT AGENDA VII. There are no public hearings scheduled for September 22, 2009. REGULAR AGENDA VIII. ADMINISTRATION n ~ Arts & Cultural Alliance of St. Lucie, Inc. 1 ~ ~ Consider staff recommendation to a rove of f ndin in h m n pp u g tea ou t of $55,000 to the Arts & Cultural Alliance of St. Lucie, Inc. (ACA) and authorization for the Chair to sign a contract with the ACA for the selection of a consultant through a competitive process to conduct acommunity-wide survey on arts and culture in St. Lucie County and the preparation of a strategic plan for the ACA based on the survey results as outlined in the agenda memorandum. Board approval of Resolution No. 09-282 rescinding prior resolutions and designating the ACA as the local arts agency for St. Lucie County. IX. COUNTY ATTORNEY ~ Florida Energy Secure Line Project Natural Gas Pipeline Siting-Local Public Hearing Option vi~ Consider staff recommendation to approve to authorize the County Attorney to request that the r Administrative Law Judge hold a public hearing in St. Lucie County to allow interested members of the ~ ublic to testify about the proposed pipeline. P ~X~ BOARD OF COUNTY COMMISSIONERS ~k ~ Updates from the Commissioners on the various Boards/Committees XI. ANNOUNCEMENTS 1. The Board of County Commissioners will hold the September Informal Monthly Meeting on Tuesday, September 22, 2009 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners will hold the Final Budget Public Hearing on Tuesday, September 22, 2009 at 6:00 p.m. 3. The Board of County Commissioners will hold a Budget Workshop on Tuesday, September 29, 2009 at 1:30 p.m. in Conference Room #3. 4. St. Lucie County Board of County Commissioners FPL Energy Secure Line -Natural Gas Pipeline Local Government Informational Meeting will be held on Wednesday, September 30, 2009 at 6:00 p.m. in the St. Lucie County Commission Chambers located at 2300 Virginia Avenue, Fort Pierce, Florida. 5. The St. Lucie County Master Gardener 26th Annual Plant Sale will be on Saturday, October 10, 2009 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. For more information please call 772-462-1660. 6. There will be a Joint meeting with the City of Fort Pierce, Fort Pierce Utilities Authority, City of Port St. Lucie and the Board of County Commissioners on Friday, October 16, 2009 at 2:00 p.m. in the St. Lucie County Commission Chambers. 7. The Board of County Commissioners will hold the October Informal Monthly Meeting on Tuesday, October 27, 2009 at 1:30 p.m. in Conference Room #3. 8. The Board of County Commissioners will hold a Workshop with Fort Pierce Farms on Monday, November 2, 2009 at 10:00 a.m. in Conference Room #3. 9. The Board of County Commissioners will hold a Joint Workshop with the South Florida Water Management District on Monday, November 9, 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~xamine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org iliiiiiliitUiriiiUi~Iiit[Iti{#iif~Uitiilittiitilllii~itiii~ili{lililltliitlNt~itilitiltlittliii~llitil~iiiittilliti[viii[ttl~liii~~iiit#iiliiiiitiiiiiilttiiiitittiliiti~tiiii~ifiiUt~~iPiiui~tiiijiii 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 itiiiiitiiiiiiiiUiiliitiiilitiifiiiliHlilililitlliCittiiiiiiU~iilliittill~ilillilii~iiliiitiiili)iliiiil{Iiiliiliiiilitttititll[itt3iiiliitiitiiiiitiiiitii{ftiti[iiiiiclitiiiiitliitilSiltil I. MINUTES r Approve the minutes from the September 8, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 50 and 51. B. PURCHASING 1. Amendment to the Contract for Aerial Adulticide Services Consider staff recommendation to approve of the first amendment to Contract No. C09- 06-299 with Vector Disease Control, Inc., extending the term through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. 2. Amendment to the Contracts for Emergency Debris Removal and Dike Repair Consider staff recommendation to approve of the first amendment to Contract No. C07- 12-706 with Native Technologies, Inc. and Contract No. C07-12-707 with TSI Disaster Recovery, LLC., incorporating the new Federal Highway Administration (FHWA) requirements, adding impoundments 12, 14A, 146 and 14C and extending the term through December 10, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www. co. st-I u c i e. fl . u s www.stlucieco.org iliAiilAlliiAiNA(i{iiiAliAiliiiii(6i{~i(liAtiiifi11i1liliiiii~l({1lt1ii1i1~liltttlliUiiilltltit~liifi3lilttlii0i(itiiii(i{{i111i1illlifliitillltt~~i#tlilitt[3i[ifi~t~i[iiliiitthiiiitlitirajiiit[i 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 iili€iiliilAiAiiliillilliAiitilittl)iiitliiiiiiiitti[iiilii~i[Uttli~tilitl~[Nth{itiiii{ii111tt~itiilltitjiiiYtNlklilitAilllfiiiiliti~fiililiiiiilUill{Iiti~[~3tiitiliiiiiitttUtitiiittiii~itliilffli I. MINUTES ~fJ~ IZ ~ Approve the minutes from the September 8, 2009 meeting. + II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA ,A. WARRANTS ~Z~ ~ , Approve warrant list No. 50 and 51. 1~ -G NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. ~ - • s ~ i[iittiltiiti[ItittitittlititititFitfl~iilttii[itijiti#itiil~tiillftUltiltiiUlG~Aliitii~titliiiiEtRiit{i[tiitiitfti#IttiIIt[ilLtli{iitlit1iillltiltiilltiii[~liti~[t~[tit[![~ii~iiilliUiiiii~iiiiitltuiii September 22, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 09/18/09 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. September 22, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org itliiiitiliitiiiiltitt~iiiuiii iiiiiiiiiiiiiiitiiiiiiiitiiiiiii iiiiiCilfii[iiiiitiiiiiitiiiiill{itii(fiiiii[iitiiflil lii iiitiiiiiiiitiii liilii{iiiiitiitiiiiiiiiiiitiiiiiiiiiiiiii i iiiiiiiiiiiuiiliiiiiiltii 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 i{![tl[itiiitiiitililiiiiiititiifliitiUitl3iiiiitittiititiiiitiiiiilii[ii[illiilliiilliliitiitliiIIititiiititiiiiiTili[ttiiiititiiiiiitiiitiiiiiiii~ItiiitiiiiittitlitiHtiiiiiiitiiitiiiiiiiiiiitiiiliiiiiii I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 10, 2009 Tentative Budget Public Hearing. Approve the minutes from the September 15, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-261 proclaiming the fourth Monday in September 2009 (September 28, 2009) as "Family - A Day to Eat Dinner with Your Children" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-261 as drafted. B. Presentation by Linette Trabulsy of the Treasure Coast Chapter of the Florida Public Relations Association C. Resolution No. 09-291 proclaiming the week of October 4 through October 10, 2009 as "Mental Health Awareness Week" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 09-291 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 51 B. COUNTY ATTORNEY 1. Donation of Right-of-Way - St. Lucie County School Board - 5 feet on St. James Drive and 10 feet Temporary Construction Easement -Resolution No. 09-272 Consider staff recommendation to approve to accept the Quit-Claim Deed and Temporary Construction Easement authorize the Chair to sign Resolution No. 09-272 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. ~ B. COUNTY ATTORNEY CONTINUED 2. Funding request for a Case Manager for Mental Health Court. Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community. Consider staff recommendation to approve to deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Case Manager position that works in the Mental Health Court. This contract term will be from 10/1/09 thru 9/30/10. 3. Amendment to Debris Removal and Monitoring Agreements Consider staff recommendation to approve the amendments to the debris removal and monitoring agreements as drafted by the County Attorney. 4. Resolution No. 09-230 -Amending the Articles of Incorporation for the Treasure Coast Local Council of Local Governments Consider staff recommendation to adopt the attached Resolution No. 09-230 and authorize the Chair to sign the Resolution. 5. Summer Wind - G&G/Aqua III, LLC -Conservation Easement -Resolution No. 09-273 Consider staff recommendation to accept the Conservation Easement, authorize the Chair to sign Resolution No. 09-273 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Indian River Estates MSBU -Master Meter -Parcel I.D. No. 3402-604-0055-000-7 City of Port St. Lucie -Utility Easement and Temporary Access and Construction Easement Consider staff recommendation to approve the Utility Easement and Temporary Access and Construction Easement in favor of the City of Port St. Lucie, authorize the Chair to execute the Utility Easement and Temporary Access and Construction Easement, authorize acceptance of a check from the City of Port St. Lucie for $3,951.00 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 7. Bear Point Mitigation Bank -Credit Reservation Agreement with Kiwi Partners, L.L.C. Consider staff recommendation to approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with Kiwi Partners, L.L.C., and authorize the Chair to sign the agreement. 8. Sustainable Resources International, Inc. -Second Amendment to Lease Agreement Consider staff recommendation to approve the proposed Second Amendment to the Lease Agreement with Sustainable Resources International, Inc., and authorize the Chair to sign the Second Amendment. 9. Resolution No. 09-284 -Authorizing Term Loan to Provide Permanent Financing for Harmony Heights MSBU Special Assessment Project Consider staff recommendation to approve to adopt Resolution No. 09-284 and authorize the Chair to sign the Resolution. B. COUNTY ATTORNEY CONTINUED ~ 10. Resolution No. 09-285 -Extending Maturity of Advances under Loan Agreement for MSBU Line of Credit with SunTrust Bank Consider staff recommendation to approve to adopt Resolution No. 09-285 and authorize the Chair to sign the Resolution. 11. Resolution No. 09-286 -Authorizing Term Loan to Provide Permanent Financing for Sunland Gardens Phase II MSBU Special Assessment Project Consider staff recommendation to approve to adopt Resolution No. 09-286 and authorize the Chair to sign the Resolution. 12. Authorization to enter into an Impact Fee Payment Agreement with Dory and Maria Lopez for delinquent Impact Fees pursuant to Resolution No. 09-114. Consider staff recommendation to approve the Impact Fee Payment with Dory and Maria Lopez and sign the Agreement as drafted by the County Attorney's Office. 13. ADDITION TO AGENDA- T 8~ T Land, Ltd. -Permission to Advertise Horse for,Sale at Auction Consider staff recommendation to approve to authorize the sale of the horse to the highest qualified bidder at auction. C. HUMAN RESOURCES Compensation for staff called for active duty during the fiscal year of October 1, 2009 to September 30, 2010. Consider staff recommendation to approve authorization to extend the time frame for staff called to active duty for the fiscal year of October 1, 2009 to September 30, 2010. D. PARKS AND RECREATION 1. Bid waiver and award of contract to Sports Turf One, Inc. Consider staff recommendation to approve to waive the bid process and award a contract to Sports Turf One, Inc. in an amount not to exceed $75,000 as outlined in the agenda memorandum, and authorization for the Chair to sign documents as approved by the County Attomey. 2. Budget Resolution No. 09-277, Children's Services Council Summer Camp and Swim Lessons Grant Funds Consider staff recommendation to approve Budget Resolution No. 09-277, allocating $12,500 in summer camp and swim lessons grant funds from the Children's Services Council of St. Lucie County as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attomey. 1 E. COMMUNITY SERVICES 1. Eamed Income Tax Credit (EITC) Grant Award and Budget Resolution No. 09-263 Consider staff recommendation to approve acceptance of the Department of Health and Human Services second year award 90ET0414/02 for $50,000; approval of Budget Resolution No. 09-263; and authorization for the Chair to sign documents as approved by the County Attomey. 2. Allocation of Funds from the State Housing Initiative Partnership (SHIP) State FY09 Consider staff recommendation to approve Budget Resolution No. 09-260 to budget funds from the SHIP FY09 additional fourth quarter allocation, and authorization for the Chair to sign the resolution as approved by the County Attomey. 3. St. Lucie Habitat for Humanity CHDO, Inc. Agreement Consider staff recommendation to approve the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity CHDO, Inc., and authorization for the Chair to sign the agreement as approved by the County Attomey. 4. Short List of Community Partners for the Acquisition/Rehabilitation and Management of Rental Properties, RFP 09-052 Consider staff recommendation to approve to short list firms for RFP 09-052, and authorization to: 1. Conduct oral presentations with the top two ranked firms; 2. Negotiate contracts with the top two ranked firms; and 3. Award contracts to the top two ranked firms and authorization for the Chair to sign the contracts as prepared by the County Attomey. 5. FY 10 contract and revised fee schedule for the State of Florida for operation of the St. Lucie County Health Department Consider staff recommendation to approve acceptance of the contract with the State of Florida for $22,437,431 and authorization for the Chair to sign the contract as approved by the County Attomey. 6. Agreement Revision with Council on Aging Consider staff recommendation to approve acceptance of revised agreement with the Council on Aging of St. Lucie County Inc (COASL); and authorization for the Chair to sign documents as approved by the County Attomey. F. AIRPORT 1. PBS&J Work Authorization (WA) No. 7 for Resident Project Representative (RPR) Services for the Runway 10R/28L Rehabilitation Project. Consider staff recommendation to approve of PBS&J Work Authorization No. 7 for Resident Project Representative Services for the Runway 10R/28L Rehabilitation Project for a lump sum cost o $35,810, and authorization for the Chair to sign the document as approved by the County Attomey. F. AIRPORT CONTINUED r 2. Budget Resolution No. 09-276, Runway Rehabilitation Project Consider staff recommendation to approve Budget Resolution No. 09-276 establishing the fund for the Florida Department of Transportation grant for the runway rehabilitation project in the amount of $89,648, with the local share match of $89,648, and authorization for the Chair to sign the document as approved by the County Attomey. 3. Budget Resolution No. 09-275, Airport Security Fencing Consider staff recommendation to approve Budget Resolution No. 09-275 establishing the fund for the FDOT grant for the airport security fencing project in the amount of $2,640, with a local watch share of $2,640, and authorization for the Chair to sign the document as approved by the County Attomey. G. PURCHASING 1. Amendment to Contract for Horseback Riding on the Beach Consider staff recommendation to approve of the first amendment to Contract No. C06- 01-335 with Alan Hayes, extending the contract through May 29, 2011, and authorization for the Chair to sign documents as approved by the County Attomey. 2. Amendment to Contract for Cleaning of Tradition Field Sports Complex Consider staff recommendation to approve of the first amendment to Contract No. C07- 12-705 with Coverall extending the contract through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. 3. Bid No. 09-061, Concrete, Culvert and Asphalt Installation Consider staff recommendation to approve to award Bid No. 09-061, Concrete, Culvert and Asphalt Installation, to Melvin Bush Construction of Fort Pierce and authorization for the Chair to sign documents as approved by the County Attomey. 4. Bid No. 09-063, St. Lucie Boulevard to Angle Road Force Main Extension - Phase II Consider staff recommendation to approve to award Bid No. 09-063, St. Lucie Boulevard to Angle Road Force Main Extension -Phase II, to H & D Construction Company, Incorporated of Fort Pierce, in the amount of $316,848.40 and authorization for the Chair to sign documents as approved by the County Attomey. 5. Bid No. 09-067, Enhanced Swale Maintenance Consider staff recommendation to approve to award Bid No. 09-067, Enhanced Swale Maintenance, to Environmental Land Development, Incorporated of Fort Pierce and authorization for the Chair to sign documents as approved by the County Attorney. 6. Master Equipment Lease/Purchase Agreement for Computer Equipment and Software Consider staff recommendation to approve of Budget Resolution No. 09-281 to establish a budget for the master lease purchase agreement financing for computer equipment and software. H. ENVIRONMENTAL RESOURCES 1. Reimbursement for sea grape trimming and exotic removal on County Property. Consider staff recommendation to approve Budget Resolution No. 09-274 accepting $1,200.00 from Bryn Mawr Ocean Towers Condominium Association for sea grape trimming and exotic removal on County property. 2. Lease Agreement with South Florida Water Management District Consider staff recommendation to approve authorization to enter into a South Florida Water Management District Lease Agreement for 616.22 acres for a period of ten (10 years, with the option to renew, at no cost to the County, as described in Exhibit "A", and authorization for the Chair to sign documents as approved by the County Attorney. I. LIBRARY Sirsi/Dynix annual Software Maintenance contract renewal Consider staff recommendation to approve of Sirsi/Dynix software maintenance agreement in the amount of $30,307.28. J. GRANTS/DISASTER RECOVERY DEPARTMENT 1. Florida Division of Emergency Management Citizen Emergency Response Team Program -Grant Application Consider staff recommendation to approve to submit a grant application to the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program requesting funds of $15,000 to continue the St. Lucie County CERT Program. 2. Florida Division of Emergency Management Citizen Corps Program -Grant Application Consider staff recommendation to approve authorization to submit a grant application to the Florida Division of Emergency Management Citizen Corps Program requesting funds of $15,000 to continue the St. Lucie County Citizen Corps Council. END OF CONSENT AGENDA VII. There are no public hearings scheduled for September 22, 2009. REGULAR AGENDA VIII. ADMINISTRATION Arts & Cultural Alliance of St. Lucie, Inc. Consider staff recommendation to approve of funding in the amount of $55,000 to the Arts & Cultural Alliance of St. Lucie, Inc. (ACA) and authorization for the Chair to sign a contract with the ACA for the selection of a consultant through a competitive process to conduct acommunity-wide survey on arts and culture in St. Lucie County and the preparation of a strategic plan for the ACA based on the survey results as outlined in the agenda memorandum. Board approval of Resolution No. 09-282 rescinding prior resolutions and designating the ACA as the local arts agency for St. Lucie County. IX. COUNTY ATTORNEY . Florida Energy Secure Line Project Natural Gas Pipeline Siting-Local Public Hearing Option Consider staff recommendation to approve to authorize the County Attorney to request that the Administrative Law Judge hold a public hearing in St. Lucie County to allow interested members of the public to testify about the proposed pipeline. X. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees XI. ANNOUNCEMENTS 1. The Board of County Commissioners will hold the September Informal Monthly Meeting on Tuesday, September 22, 2009 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners will hold the Final Budget Public Hearing on Tuesday, September 22, 2009 at 6:00 p.m. 3. The Board of County Commissioners will hold a Budget Workshop on Tuesday, September 29, 2009 at 1:30 p.m. in Conference Room #3. 4. St. Lucie County Board of County Commissioners FPL Energy Secure Line -Natural Gas Pipeline Local Government Informational Meeting will be held on Wednesday, September 30, 2009 at 6:00 p.m. in the St. Lucie County Commission Chambers located at 2300 Virginia Avenue, Fort Pierce, Florida. 5. The St. Lucie County Master Gardener 26~ Annual Plant Sale will be on Saturday, October 10, 2009 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. For more information please call 772-462-1660. 6. There will be a Joint meeting with the City of Fort Pierce, Fort Pierce Utilities Authority, City of Port St. Lucie and the Board of County Commissioners on Friday, October 16, 2009 at 2:00 p.m. in the St. Lucie County Commission Chambers. 7. The Board of County Commissioners will hold the October Informal Monthly Meeting on Tuesday,. October 27, 2009 at 1:30 p.m. in Conference Room #3. 8. The Board of County Commissioners will hold a Workshop with Fort Pierce Farms on Monday, November 2, 2009 at 10:00 a.m. in Conference Room #3. 9. The Board of County Commissioners will hold a Joint Workshop with the South Florida Water Management District on Monday, November 9, 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~ight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl. us www.stlucieco.orq . titititttttlitiitiittlttiliiititttitIiit[tititilttiiitiiitttiittitltttitlitlitiitltilti[tt~iitltitiiltttttittiltittli{tiiti(iiiiltlitUitlttiiitlttlttttit[tilttlttlittittii~il[ittltttiGsttltt~tilttTtiiilf 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 ititiiAti`ffiti[litf3tilltiiittitl3[Iittlii(Itittiitiitittitttii[li(iiit[flitiiittitiiEttittiiltllititltLlillllttWilitftiiE[itifttliit~itiitlilitiittitliiititiitiiiF>itli{iitfitttit{lililiiiitititttitiiiii I. MINUTES Approve the minutes from the September 8, 2009 meeting. 11. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 50 and 51. B. PURCHASING 1. Amendment to the Contract for Aerial Adulticide Services Consider staff recommendation to approve of the first amendment to Contract No. C09- 06-299 with Vector Disease Control, Inc., extending the term through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. 2. Amendment to the Contracts for Emergency Debris Removal and Dike Repair Consider staff recommendation to approve of the first amendment to Contract No. CO7- 12-706 with Native Technologies, Inc. and Contract No. C07-12-707 with TSI Disaster Recovery, LLC., incorporating the new Federal Highway Administration (FHWA) requirements, adding impoundments 12, 14A, 146 and 14C and extending the term through December 10, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. 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.stlucieco.org 1pi~ill~tllitulliflil[Uitillll{illiiittfilitilt'Iltiiittfftittitii{lit{iii{iti3tNtt#ti[it~ltttllltfifit{titliitlililiiiilfiti~[tltiititltiiiititt#ilti;tlttiiiGltittilitilitiiliifltiiillitiittiii3 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 i~tiillil#ilillli~ilitlilt(illUtittiiilitll~i[iiltl[tiiEii[tiiiliCliiliiliiF{lE{itii[IiltlliiitiltiJ(ilCifliiililCliiliiliHilill[tlilitlliiltEiitt3ttiiii[tl[[ItiltiCliiiilltiilttiiiltililiili1G11uiil I. MINUTES Approve the minutes from the September 8, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 50 and 51. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty~ight (48) hours prior to the meeting. . BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA TENTATIVE BUDGET PUBLIC HEARING Date: September 10, 2009 Convened: 6:OOp.m. Adjourned: 7:00 p.m. Commissioners present: Chairperson, Paula A. Lewis, Charles Grande, Chris Craft, Chris Dzadovsky, Doug Coward (absent due to family illness) Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Christopher Steers, Asst. County Administrator, Dan McIntyre, County Attorney, Mari.; Gouin, OMB/Purchasing Director, Millie Delgado- Feliciano, Deputy Clerk 1. PUBLIC HEARING ON THE TENTATIVE BUDGET FOR FISCAL YEAR 2009-2010 THE PURPOSE OF THE PUBLIC HEARING IS TO ADOPT THE TENTATIVE MILEAGE RATES AND A BUDGET FOR FISCAL YEAR 2009-2010. lA. DISCUSSION AND READING OF THE ROLLED-BACK RATE. THE ROLLED-BACK RATE IS: 9.3361. THE PROPOSED AGGREGATE MILEAGE RATE IS 7.3030, WHICH IS 21.78% BELOW THE ROLLED- BACK RATE. The Management and Budget Director gave an overview of the rolled back rate. 1B. BUDGET OVERVIEW The County Administrator presented a power point on the budget for Fiscal Year 2009-2010. The County Administrator advised those present of the increases scheduled for this coming year. She stated the Solid Waste assessments would increase from $14.24 monthly to $21.00 monthly or from $170.88 annually to $252.00 annually. She also advised the Board and those present there may be an increase for some residents of 15 lighting districts. 1C. MILEAGES AND BUDGETS (NOTE: ONLY MILEAGES WILL BE READ INTO THE RECORD. FUND BUDGETS ARE PROPOSED AS LISTED). FY''10'fentative Millage , Tentative £Y 10 Fund Fund Name - ~ Rate Budget 001 _ ('Teneral Fund 2.7694. 135,426,274 101 .Transportation Trust Fund 60,572,104 Unincorporated Services Fund (Community 102. Development MSTU) 0.4380 ' S 849 936 .....Drainage Maintenance MSTU (Stormwater _ 102001 Management MSTU) 0.4731 12,042,620 103 Law Enforcement MSTU 0.3736 3,058,206 104 Grants & Donations Fund 698,319 105 .Library Special Grants Fund 186,145 107 Fine & Forfeiture Fund„ _ _ _ 3.3957 ' 72,166,694 109 Drug Abuse Fund _ _ _ 73,179 111 River Park I Fund (SISD 1) 0.3303 44,981 112,_. River Park II Fund (SISD 2) _ _ _ 0.9331 10,256 113 Harmony Heights 3 Fund (SISD 3) 0.8803 4,659 114 Harmony Heights 4 Fund (SISD 4) 0.6918 8,904 1 I S Sheraton Plaza Fund (SISD 5) _ 0.7918 10,636 116. 3unland Gardens Fund (SISD 6) 0.3954 ' 9,895 117 Sunrise Park Fund (SISD 7) _ _ _ _ 0.4819 3,493 118... Paradise Park Fund (SISD 8) _ 1.0293 _ 14,374 - _ 119 Holiday Pines Fund (SISD 9) _ 0.1690 14,631 120 The Grove Fund (SISD_10) 0.1169 3,490 121 Blakely Subdivision Fund (SISD 11) 1.4022 2,309 122 Indian River Estates Fund (SISD 12) _ 0.1127 16,872 123 Queens Cove Lighting Dist#13 Fund (SISD 13) 0.1050 6,463 126 Southern Oak Estates Lighting (SISD 126) 0.4626 3,096 127 Pine Hollow Street Lighting MSTU _ _ _ 7,130 128 Kings Hwy Industrial Park Lighting.. 11,520 129.... Parks MSTU Fund _ 0.2313 9,671,129 130 SLC Public Transit MSTU 0.0833 7,116,407 136..... Meadowwood MSTU..._... 0.3023 26,371 138 Palm Lake Gardens MSTU Fund 0.3119 4,643 _ 139 .Palm Grove Fund (SISD 16) 0.6377 12,264 _ _ 140 ;Airport Fund 14,512 866 _ _ . r. 140001 ,Port Fund 8,042,367 142 ,Port MSBU Development Fund 90,788 14S ...,Mosquito Fund 0.2036 6,782,201 ' 146 'Mosquito State I Fund 33,820 150. Impact Fee Collections 362,712 160 Plan Maintenance RAD Fund _ _ 391,988 162... .....Tourism Dev-Sth Cent _ 11 S,13S _ 170 -Court Facilities Fund 924,285 _ _ _ _ _ _ 171 :..Court Facilities Fund-Court Costs 17.5.,417 181 . ,SLC Housing Finance Authority Fund 31,815 182 Environmental Land Acquisition Fund 68,797 ' 183 Ct Administrator-19th Judicial Cir 3,286,999 _ . 184 Erosion Control Operating Fund (District E) 0.0925 9,434,838 _ _ _ ,185 !Housing Assistance SHIP Program 1,146,007 187 Boating Improvement. Projects. . _ _ 775,986 188 Bluefield Ranch Improvements _ 109,428 _ _ 189... Hurricane Housing Recovery.. Pla _ 3,601,165 201 So County Regional Stadium Debt S4 021 _ _ r__ 204 .Communication System I&S Fund 994,999 210 Impact Fees I&S 426 708 21 S Sales Tax Revenue Bonds I&S Fund 6,760,320 216 County„Capital I&S 1 662999 217__ _State Revenue Sharing Bonds I&S 1,346,608 218 ;Transportation I&S Fund _ 3,852,013 242 Port I&S Fund O.O1S4 779,389 _ _ _ _ 2S0 ;Capital Projects I&S 22 479 808 _ ~ r. 262 Tourism Dev 4th Cent I&S Fund _ _ 1,892,396 _ 282,,., Environmental Land I&S Fund _ 0.0459 2,213,586 29S River Branch I&S Fund ' 41,066 30,1_ So. County Regional Stadium 12 300 _ _ _ 310 Impact Fee Funds 1S 6S0 818 31S County Building Fund 2 143 369 316 County_Capital _ _ 19,915,614 317 County Capital-St Rev Share Bnd 12,433,324 318 County Capital -Transportation 29,383,497 330 9 Lakewood Park Fund 8,950 342 Port Development Capital Fund 2S8 117 _ 362 Sports Complex Improv Fund.... _ , 963,534 _ 370 MSBU Inhouse Financing Projects 680,876 382 Environmental Land Capital Fund 4 844 727 _ _ _ _ 390 MSBU Capital 14 271 204 396 Lennard Road 1 -Roadway Capital 104 996 _ _ _ _ _ _ 397 Lennard Road 2 -Water Capital 49 _ _ _ _ ,442 398.. Lennard Road 3 -Sewer Capital 50,825 401 Sanitary Landfill Fund 2S 020 47S 418 Golf Course Fund _ _ 1,428,000 _ 4S 1 S. Hutchinson Utilities Fund 3,699,920 4S8 SH Util-Renewal & Replacement 467,267 461 .Sports Complex Fund 2,SS7,749 471 No County Utility District-Operatin _ 6,245,743 478__ No Cty Util Dist-Renewal & Replace 296 S11 _ 479 No Cty Util Dist-Capital Facilities 3,596,719 491 Building Code Fund 2 889 8S8 SOS Insurance & Loss Fund 33,325,827 610 Tourist Development Trust Fund 697,977 611, Tourist Development Trust-Adv Fund 527,454 620 Law Enforcement Trust Fund 428,909 625.. ...Law Library _ _ 310,752....: _ 66S ,SLC Art in Public Places Trust Fund 1,177,590 666 SLC Economic Dev Trust Fund 123,902 669... ...Lake Drive MSBU _ 13,171 673... S. Hutchinson Fund _ _ _ _ 2,868,437 _ _ 681 Kin Oran e 2 _ _ _ _ _ 11,009 g g 682.... Skylark 2 _ 7,705..... 683.... Revels Lane 1__ _ _ _ 13,424 68S Sunland Gardens MSBU ~ 39,769 686 Greenacres MSBU 17,973 687 'Indian River Estates MSBU 874,720 688_ Briazgate MSBU 8269 689 Rouse Road MSBU........ _ _ 15,492 690 'Treasure Cove/Ocean Hazbor S MSBU 86,823 _ _ 691 North AlA MSBU 6,767 694 Ramtree Forest MSBU 8,127 _ _ .._Tota1 Budget-_ _ _ 587,005,459 Aggregate Millage Rate. 7.3030 1D. COMMENT ON ERRATA AND SUBSTANTIVE CHANGES. The Management and Budget Director reviewed the ERRATA and Substantive changes. lE. PUBLIC COMMENT/None 1F. BOARD DISCUSSION OF THE MILEAGE RATES AND BUDGET. 1G. MOTION TO APPROVE RESOLUTION NO. 09-247 ADOPTING THE FY 2009-2010 TENTATIVE MILEAGE RATES. It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09-247, adopting the FY 2009- 2010tentative millage rates, and; upon roll call, motion carried unanimously. IH. MOTION TO APPROVE RESOLUTION NO.09-248 ADOPTING THE FY 2009-2010 TENTATIVE BUDGET, INCLUDING THE ERRATA AND SUBSTANTIVE CHANGES. It was moved by Com. Grande, seconded by Com. Dzadovsky, t o approve Resolution No. 09-248, adopting the 2009-2010 tentative budget including the ERRATA and Substantive Changes, 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 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 15, 2009 Convened: 6:OOp.m. Adjourned: 8:30 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Dzadovsky, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Christopher Steers, Asst. County Administrator, Dan McIntyre, County Attorney, Lauri Case, Utilities Director, Mark Satterlee, Growth Management Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Paul Hiott, Veterans Services Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 8, 2009 meeting. It was moved by Com. Grande, seconded by Com. Craft, to approve the minutes of the meeting held September 8, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONSIPRESENTATIONS A. COUNTY ATTORNEY Resolution No. 09-250 -designating September 19, 2009 as POW/MIA Recognition Day in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-250 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward to approve Resolution No. 09-250, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident, addressed the Board on item 6-63 regarding supporting the Expansion of PBI Airspace to include Ft. Pierce. The Airport Director addressed Mr. Arena's question. The County Attomey addressed item 6-64 on the Consent Agenda and stated they are requesting the date of the Public Hearing be changed from October 6"' to December 1, 2009 at 6:00 p.m. or as soon thereafter as it may be heard. VI. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft to approve the Consent Agenda with the change in date as requested by the County Attomey on item 6-64, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 50 The Board approved Warrant List No. 50. B. COUNTY ATTORNEY 1. Special Warranty Deed -YMCA -Parcel I.D. Nos. 2416-504-0108-000-7 and 2416-504- 0107-000-0 -Resolution No. 09-270 -i- The Board approved to accept the Special Warranty Deed, authorized the Chair to sign Resolution No. 09-270 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Ordinance No. 09-027 -Amending 1-15-25, St. Lucie County Code of Ordinances and Complied Laws, to Permit Dogs on Wild Cat Cove The Board approved advertising proposed Ordinance No. 09-027 for public hearing on October 6, 2009, at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY CONTINUED 3. Resolution No. 09-269 -Supporting the Expansion of PBI Airspace to Include Fort Pierce (FPR) The Board adopted Resolution No. 09-269 and authorized the Chairman to sign the Resolution. 4. Ordinance No. 09-028 (Airport Commerce Park Leasing Standards and Procedures) - Permission to Advertise The Board approved the request to advertise proposed Ordinance No. 09-028 for public hearing on December 1, 2009 at 6:00 p.m. or as soon thereafter as may be heard. 5. Donation of Right-of-Way - TSOP,LLC - 13 feet on Midway Road -Resolution No. 09- 267 The Board approved accepting the Special Warranty Deed, authorized the Chair to sign Resolution No. 09-267 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Resolution No. 09-280 -Opposing Offshore Drilling in Florida The Board adopted Resolution No. 09-280 opposing offshore drilling Florida as drafted. 7 ADD~T/01~~TO~A~GE~tfA ~y St~'Lucle County Intertnodal -Transfer Fa~Ilfty -Agreement with Edlutici ©rite~ba~,:Bl~i~tey~Archite~ts arid'As'soc~tes; P.A. The Board approved the Agreement with Edlund, Dritenbas; Binkley Architects and Associates`P.A.; and authoriietl'the Chair to sign the'A'greemerit. C. AIRPORT LPA Work Authorization No. 23, Second Year of 150 Acre Mitigation Area Maintenance and Gopher Tortoise Monitoring for New Runway Project The Board approved LPA Group Work Authorization No. 23 to provide consultant services for the second year of the 150 acre mitigation area maintenance and gopher tortoise monitoring for a lump sum amount of $144,131 and authorized the Chair to sign the document as approved by the County Attomey. D. PUBLIC WORKS 1. Seven-Eleven, Inc. The Board approved the agreement to pay afee-in-lieu-of for constructing a concrete sidewalk with Seven-Eleven, Inc. in the amount of $775.50 and authorized the Chair to sign documents as approved by the County Attomey. D. PUBLIC WORKS CONTINUED 2. White Way Dairy Road Culvert Improvement Project The Board approved rejecting the quotes for White Way Dairy Road Culvert Improvement Project, approved the Second Amendment to Work Authorization No. 7 (C07-07-387) for roadway design services with Miller Legg in the amount of $39,400, and authorized the Chair to sign documents as approved by the County Attomey. 3. Paradise Park Subdivision Stormwater Improvements Phase 3 -L- The Board approved the Third Amendment to Work Authorization No. 2 (C06-04-237) with Creech Engineers, Inc. in the amount of $6,600 for a total cost of $304,920 and authorized the Chair to sign documents as approved by the County Attorney. E. INVESTMENT FOR THE FUTURE 1. Reallocation of funds The Board approved reallocating FY08/09 IFF funds in the amount of $81,500 to move forward with roof repair projects, painting, a/c repairs, demolition and renovation projects. 2. Award of Bid 09-064, State Attorney's office air condition project The Board approved to award Bid No. 09-064 to S&S Air Conditioning, bid amount of $412,417, reallocate FY 08/09 Investment for the Future funds in the amount of $70,677 and authorized the Chair to sign documents as approved by the County Attomey. 3. Demolition of storage building at 411 N. 7~ Street The Board approved removing the storage building at 411 N. 7~ Street from capital assets, and complete demolition and removal of the building. F. CENTRAL SERVICES Spot cooler for Rock Road Jail The Board approved Budget Amendment No. 09-043 and Equipment Request No. 09-049 to purchase a spot cooler in the amount of $3,346.75 for Rock Road Jail. G. HUMAN RESOURCES Prison Health Services Inmate Health Care for FY 08-09 Third Quarter Invoice The Board approved payment of Prison Health Services invoice number PHS0006248 for the Third Quarter period of April 1, 2009 to June 30, 2009, in the amount of $269,871.05 H. UTILITIES 1. Approval of Amendment No. 2 to Work Authorization No. 22 for Camp Dresser & McKee to increase the lump sum amount from $61,700 to an amount not to exceed $79,830 for finalization of the rate study. The Board approved Amendment No. 2 to Work Authorization No. 22 for Camp Dresser & McKee to increase the lump sum amount from $61,700 to an amount not to exceed $79,830 for finalization of the rate study. 2. Approval of the asset transfer of the Vactron Sewer Cleaning System (PR#700369) from the Utilities Department to the Solid Waste Department and accepting $2,200 from such into Utilities FY 200812009 budget. Also, request approval of Budget Amendment #09- 044 and Equipment Request #09-051. The Board approved the asset transfer of the Vactron Sewer Cleaning System (PR#700369) from the Utilities Department to the Solid Waste Department and accepting $2,200 from such into Utilities FY 2008/2009 budget. Also, approved Budget Amendment #09-044 and Equipment Request #09-051. 3. Approval to purchase astorage/office shed for the Holiday Pines Wastewater Treatment Plant in the amount of $3,640 and approval of equipment request EQ09-050. The Board approved purchasing astorage/office shed for the Holiday Pines Wastewater Treatment Plant in the amount of $3,640 and approval of equipment request EQ09-050. I. GRANTS South Florida Water Management District St. Lucie River Issues Team Program-Grant Application The Board authorized submitting a grant application to the South Florida Water Management District St. Lucie River Issues Team Program requesting funds of $25,000 for the North Fork Water Quality Monitoring Project. END OF CONSENT AGENDA VII. PUBLIC HEARINGS -3- A. COUNTY ATTORNEY Ordinance No. 09-025 -Amending Section 11.05.11(A) (2) of the Land Development Code - Requirement for Permit; Exemptions No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, October 6, 2009 at 6:00 p.m. or as soon thereafter as may be heard. B. GROWTH MANAGEMENT Petition of St. Lucie Self Storage, LLC for St. Lucie Business Park Storage Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan. Board adoption of Resolution No. 09-008 granting St. Lucie Business Park Storage Preliminary/Final PNRD. Quasi-Judicial Com. Dzadovsky advised the Board and tliase present of his contact with the applicant today and stated he had also previously met with them. Staff advised the Board this applicant has added mitigation to the project and will be exceeding the code. The County Engineer stated there is a swale on the west side of the building that flows several lots further south and empties into a small pond. Ideally, there would be an association who would be responsible but not in this case. He stated they have added the condition to the storm water permit where they will be an obligation to clean and maintain the Swale that flows to the lots to the south to the pond. In addition, staff felt they should propose it be a condition of the application that maintenance of the Swale to the south be the obligation of this applicant. Com. Coward stated his concern was that the other lot owners default is being passed on to this property owner, he felt it was unfair. He is not comfortable with the description given and asked if there were other means to handle this issue. The County Engineer stated the other lot owners who are responsible for the obligation are still under code enforcement and this may take some time. Com. Coward asked how soon construction would start on this project should this be approved today. Mr. Norman Shulman, applicant stated it may take 6 months to a year. Com. Coward recommended the lot owners be placed on notice that they are to fulfill their obligation and have it completed within 6 months or the county will do it and assess them for not meeting their obligation. The County Engineer stated the main problem here is that they do not have a master association that would maintain the area. Com. Dzadovsky advised the Board of his concerns regarding the outfall and asked where the outfall goes. The County Engineer stated there is an outfall of the pond that goes into the Savannas. Com. Dzadovsky addressed his concern with what this may do to the efforts being done to clean the Savannas. The project engineer stated the outfall does not go to the Savannas, it heads to the south and then to the west to the North Fork. Com. Coward asked if the county had the legal ability to force the landowners to meet their obligation. The County Attorney stated one solution may be is to have the property owners association reconstituted and their annual report filed. The long term solution would be where the owners could get together, file their annual report and hold their election. The County is not responsible for the storm water drainage and this was done back in the 1990's. These folks do have an obligation to show that they have proper storm water drainage. Com. Coward stated he concurred with the County Attorney's long term goal. -4- Com. Grande asked if it was fair to say that they should be able to re-constitute the association within the one year period. The County Attorney stated yes and someone would need to take the lead and contact everyone. Com. Dzadovsky stated his concern now was if they had a large number of HOA's having a problem financially, what would preclude them from just walking away and saying they give up. The County Attorney stated if they do not pay their fess and not file a report, the state will dissolve them. Com. Craft stated he felt it was the responsibility of the property owners downstream to do what is their obligation and move on. The applicant stated he was informed that lots 2, 6, and 7 were outstanding with code enforcement violations and they would be before the Code Enforcement Board in October. He believes they should not be responsible to maintain the whole business park due to one lot owner. Com. Grande stated he would appreciate it when staff when is looking to add a condition that it be made part of the backup material. Com. Dzadovsky stated it was his request to bring this information forward at the last minute and not staff. Com. Coward stated this was not a new issue and alluded to a request from a prior meeting. Com. Dzadovsky stated he was pleased with the fact the applicant came in with a change in the footage and the increase in the landscape buffering and working with the requests of the residents of Spanish Lakes. Com. Coward asked if they needed to add language. The applicant stated he believed the county had what was needed covered in the process . The County Engineer stated he felt they had what they needed in the storm water permit. It was moved by Com. Grande, seconded by Dzadovsky, to approve Resolution No. 09-008, and; upon roll call, motion carried unanimously. C. GROWTH MANAGEMENT Resolution No. 09-066, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) Consider staff recommendation to approve continuance of the Preliminary Planned Unit Development for Shinn Road Equestrian Estates to a date certain (TBD). It was moved by Com. Coward, seconded by Gom. Grande, to continue this item to November 3~, 2009 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carved unanimously. REGULAR AGENDA VIII. COUNTY ATTORNEY Conveyance of Three (3) Foot Strip of Land to City of Fort Pierce -Jetty Park Consider staff recommendation to adopt Resolution No. 09-271. It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve Resolution No. 09-271, and; upon roll call, motion carried unanimously. IX. UTILITIES Approval of Resolution No. 09-098 adopting the St. Lucie County Water & Wastewater Master Plan Update. Consider staff recommendation to approve of Resolution No. 09-098 adopting the St. Lucie County Utilities Water & Wastewater Master Plan. -5- It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09-098, 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 -6- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 15, 2009 Convened: 6:OOp.m. Adjourned: 8:30 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Dzadovsky, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Christopher Steers, Asst. County Administrator, Dan McIntyre, County Attorney, Lauri Case, Utilities Director, Mark Satterlee, Growth Management Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Paul Hiott, Veterans Services Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 8, 2009 meeting. It was moved by Com. Grande, seconded by Com. Craft, to approve the minutes of the meeting held September 8, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONSIPRESENTATIONS A. COUNTY ATTORNEY Resolution No. 09-250 -designating September 19, 2009 as POW/MIA Recognition Day in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-250 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward to approve Resolution No. 09-250, and; upon roll call, motion carved unanimously. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident, addressed the Board on item 6-B3 regarding supporting the Expansion of PBI Airspace to include Ft. Pierce. The Airport Director addressed Mr. Arena's question. The County Attomey addressed item 6-64 on the Consent Agenda and stated they are requesting the date of the Public Hearing be changed from October 6"~ to December 1, 2009 at 6:00 p.m. or as soon thereafter as it may be heard. VI. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft to approve the Consent Agenda with the change in date as requested by the County Attomey on item 6-64, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 50 The Board approved Warrant List No. 50. B. COUNTY ATTORNEY 1. Special Warranty Deed -YMCA -Parcel I.D. Nos. 2416-504-0108-000-7 and 2416-504- 0107-000-0 -Resolution No. 09-270 -i- The Board approved to accept the Special Warranty Deed, authorized the Chair to sign Resolution No. 09-270 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Ordinance No. 09-027 -Amending 1-15-25, St. Lucie County Code of Ordinances and Complied Laws, to Permit Dogs on Wild Cat Cove The Board approved advertising proposed Ordinance No. 09-027 for public hearing on October 6, 2009, at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY CONTINUED 3. Resolution No. 09-269 -Supporting the Expansion of PBI Airspace to Include Fort Pierce (FPR) The Board adopted Resolution No. 09-269 and authorized the Chairman to sign the Resolution. 4. Ordinance No. 09-028 (Airport Commerce Park Leasing Standards and Procedures) - Permission to Advertise The Board approved the request to advertise proposed Ordinance No. 09-028 for public hearing on December 1, 2009 at 6:00 p.m. or as soon thereafter as may be heard. 5. Donation of Right-of-Way - TSOP,LLC - 13 feet on Midway Road -Resolution No. 09- 267 The Board approved accepting the Special Warranty Deed, authorized the Chair to sign Resolution No. 09-267 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Resolution No. 09-280 -Opposing Offshore Drilling in Florida The Board adopted Resolution No. 09-280 opposing offshore drilling Florida as drafted. 7 ADDIlI©1VTQ~AGENaA' S~Ldcie County lnterinodal:Trarisfer Facility -Agreement VvitF?-Edl~i~id; f~rit~~kas;'BPf _eyi~aArchifec(s~arTd~~s~t~+ciafes; P.A. TheBoard approved the~`~~~ rtient~vith;Edlurid, D~iteribas,BinkleyArchitec#sand Associates_P A., and au,l~,~,_ d~tlie"C>Yaisr to si 'n~tFre~A°~ reerrteiit. C. AIRPORT LPA Work Authorization No. 23, Second Year of 150 Acre Mitigation Area Maintenance and Gopher Tortoise Monitoring for New Runway Project The Board approved LPA Group Work Authorization No. 23 to provide consultant services for the second year of the 150 acre mitigation area maintenance and gopher tortoise monitoring for a lump sum amount of $144,131 and authorized the Chair to sign the document as approved by the County Attomey. D. PUBLIC WORKS 1. Seven-Eleven, Inc. The Board approved the agreement to pay afee-in-lieu-of for constructing a concrete sidewalk with Seven-Eleven, Inc. in the amount of $775.50 and authorized the Chair to sign documents as approved by the County Attomey. D. PUBLIC WORKS CONTINUED 2. White Way Dairy Road Culvert Improvement Project The Board approved rejecting the quotes for White Way Dairy Road Culvert Improvement Project, approved the Second Amendment to Work Authorization No. 7 (C07-07-387) for roadway design services with Miller Legg in the amount of $39,400, and authorized the Chair to sign documents as approved by the County Attomey. 3. Paradise Park Subdivision Stormwater Improvements Phase 3 -L~ The Board approved the Third Amendment to Work Authorization No. 2 (C06-04-237) with Creech Engineers, Inc. in the amount of $6,600 for a total cost of $304,920 and authorized the Chair to sign documents as approved by the County Attomey. E. INVESTMENT FOR THE FUTURE 1. Reallocation of funds The Board approved reallocating FY08/09 IFF funds in the amount of $81,500 to move forward with roof repair projects, painting, a/c repairs, demolition and renovation projects. 2. Award of Bid 09-064, State Attorney's office air condition project The Board approved to award Bid No. 09-064 to S&S Air Conditioning, bid amount of $412,417, reallocate FY 08/09 Investment for the Future funds in the amount of $70,677 and authorized the Chair to sign documents as approved by the County Attomey. 3. Demolition of storage building at 411 N. 7~ Street The Board approved removing the storage building at 411 N. 7"' Street from capital assets, and complete demolition and removal of the building. F. CENTRAL SERVICES Spot cooler for Rock Road Jail The Board approved Budget Amendment No. 09-043 and Equipment Request No. 09-049 to purchase a spot cooler in the amount of $3,346.75 for Rock Road Jail. G. HUMAN RESOURCES Prison Health Services Inmate Health Care for FY 08-09 Third Quarter Invoice The Board approved payment of Prison Health Services invoice number PHS0006248 for the Third Quarter period of April 1, 2009 to June 30, 2009, in the amount of $269,871.05 H. UTILITIES 1. Approval of Amendment No. 2 to Work Authorization No. 22 for Camp Dresser & McKee to increase the lump sum amount from $61,700 to an amount not to exceed $79,830 for finalization of the rate study. The Board approved Amendment No. 2 to Work Authorization No. 22 for Camp Dresser & McKee to increase the lump sum amount from $61,700 to an amount not to exceed $79,830 for finalization of the rate study. 2. Approval of the asset transfer of the Vactron Sewer Cleaning System (PR#700369) from the Utilities Department to the Solid Waste Department and accepting $2,200 from such into Utilities FY 2008/2009 budget. Also, request approval of Budget Amendment #09- 044 and Equipment Request #09-051. The Board approved the asset transfer of the Vactron Sewer Cleaning System (PR#700369) from the Utilities Department to the Solid Waste Department and accepting $2,200 from such into Utilities FY 2008/2009 budget. Also, approved Budget Amendment #09-044 and Equipment Request #09-051. 3. Approval to purchase astorage/office shed for the Holiday Pines Wastewater Treatment Plant in the amount of $3,640 and approval of equipment request EQ09-050. The Board approved purchasing astorage/office shed for the Holiday Pines Wastewater Treatment Plant in the amount of $3,640 and approval of equipment request EQ09-050. I. GRANTS South Florida Water Management District St. Lucie River Issues Team Program-Grant Application The Board authorized submitting a grant application to the South Florida Water Management District St. Lucie River Issues Team Program requesting funds of $25,000 for the North Fork Water Quality Monitoring Project. END OF CONSENT AGENDA VII. PUBLIC HEARINGS -3- A. COUNTY ATTORNEY Ordinance No. 09-025 -Amending Section 11.05.11(A) (2) of the Land Development Code - Requirementfor Permit; Exemptions No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, October 6, 2009 at 6:00 p.m. or as soon thereafter as may be heard. B. GROWTH MANAGEMENT Petition of St. Lucie Self Storage, LLC for St. Lucie Business Park Storage Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan. Board adoption of Resolution No. 09-008 granting St. Lucie Business Park Storage Preliminary/Final PNRD. Quasi-Judicial Com. Dzadovsky advised the Board and those present of his contact with the applicant today and stated he had also previously met with them. Staff advised the Board this applicant has added mitigation to the project and will be exceeding the code. The County Engineer stated there is a swale on the west side of the building that flows several lots further south and empties into a small pond. Ideally, there would be an association who would be responsible but not in this case. He stated they have added the condition to the storm water permit where they will be an obligation to clean and maintain the swale that flows to the lots to the south to the pond. In addition, staff felt they should propose it be a condition of the application that maintenance of the swale to the south be the obligation of this applicant. Com. Coward stated his concern was that the other lot owners default is being passed on to this property owner, he felt it was unfair. He is not comfortable with the description given and asked if there were other means to handle this issue. The County Engineer stated the other lot owners who are responsible for the obligation are still under code enforcement and this may take some time. Com. Coward asked how soon construction would start on this project should this be approved today. Mr. Norman Shulman, applicant stated it may take 6 months to a year. Com. Coward recommended the lot owners be placed on notice that they are to fulfill their obligation and have it completed within 6 months or the county will do it and assess them for not meeting their obligation. The County Engineer stated the main problem here is that they do not have a master association that would maintain the area. Com. Dzadovsky advised the Board of his concerns regarding the outfall and asked where the outfall goes. The County Engineer stated there is an outfall of the pond that goes into the Savannas. Com. Dzadovsky addressed his concern with what this may do to the efforts being done to clean the Savannas. The project engineer stated the outfall does not go to the Savannas, it heads to the south and then to the west to the North Fork. Com. Coward asked if the county had the legal ability to force the landowners to meet their obligation. The County Attorney stated one solution may be is to have the property owners association re-constituted and their annual report filed. The long term solution would be where the owners could get together, file their annual report and hold their election. The County is not responsible for the storm water drainage and this was done back in the 1990's. These folks do have an obligation to show that they have proper storm water drainage. Com. Coward stated he concurred with the County Attorney's long term goal. -4- - Com. Grande asked if it was fair to say that they should be able to re-constitute the association within the one year period. The County Attorney stated yes and someone would need to take the lead and contact everyone. Com. Dzadovsky stated his concern now was if they had a large number of HOA's having a problem financially, what would preclude them from just walking away and saying they give up. The County Attorney stated if they do not pay their fess and not file a report, the state will dissolve them. Com. Craft stated he felt it was the responsibility of the property owners downstream to do what is their obligation and move on. The applicant stated he was informed that lots 2, 6, and 7 were outstanding with code enforcement violations and they would be before the Code Enforcement Board in October. He believes they should not be responsible to maintain the whole business park due to one lot owner. Com. Grande stated he would appreciate it when staff when is looking to add a condition that it be made part of the backup material. Com. Dzadovsky stated it was his request to bring this information forward at the last minute and not staff. Com. Coward stated this was not a new issue and alluded to a request from a prior meeting. Com. Dzadovsky stated he was pleased with the fact the applicant came in with a change in the footage and the increase in the landscape buffering and working with the requests of the residents of Spanish Lakes. Com. Coward asked if they needed to add language. The applicant stated he believed the county had what was needed covered in the process . The County Engineer stated he felt they had what they needed in the storm water permit. It was moved by Com. Grande, seconded by Dzadovsky, to approve Resolution No. 09-008, and; upon roll call, motion carried unanimously. C. GROWTH MANAGEMENT Resolution No. 09-066, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) Consider staff recommendation to approve continuance of the Preliminary Planned Unit Development for Shinn Road Equestrian Estates to a date certain (TBD). It was moved by Com. Coward, seconded by Com. Grande, to continue this item to November 3b, 2009 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. COUNTY ATTORNEY Conveyance of Three (3) Foot Strip of Land to City of Fort Pierce -Jetty Park Consider staff recommendation to adopt Resolution No. 09-271. It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve Resolution No. 09-271, and; upon roll call, motion carried unanimously. IX. UTILITIES Approval of Resolution No. 09-098 adopting the St. Lucie County Water & Wastewater Master Plan Update. Consider staff recommendation to approve of Resolution No. 09-098 adopting the St. Lucie County Utilities Water & Wastewater Master Plan. -5- • It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09-098, 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 -6- AGENDA REQUEST ITEM NO. IV-A _ DATE: September 22, 2009 J ~ REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-261 proclaiming the fourth Monday in September 2009 (September 28, 2009) as "Family Day - A Day to Eat Dinner with Your Children" in St. Lucie County, Florida. BACKGROUND: Joseph A. Califano, Jr., Chairman and President of the National Center on Addition and Substance Abuse at Columbia University, has requested that this Board proclaim the fourth Monday in September 2009 (September 28, 2009) as "Family Day - A Day to Eat Dinner with Your Children" in St. Lucie County, Florida. The attached Resolution No. 09-261 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-261 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ ]Management 8 Budget: [ ]Purchasing: Daniel S. McIntyre [ ] Road ~ Bridge.: [)Parks fi Recreation Director [ ]Solid Waste Mgr [ Jfinance:(check for copy only, if applicable) Effective 5/96 RESOLUTION N0. 09-261 A RESOLUTION PROCLAIMING THE FOURTH MONDAY IN SEPTEMBER, 2009, (SEPTEMBER 28, 2009) AS "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children. 2. Fourteen years of surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs. 3. Frequent family dining is associated with lower rates of teen smoking, drinking, illegal drug use and prescription drug abuse. 4. The correlation between frequent family dinners and reduced risk for teen substance abuse is well documented. 5. Parents who are engaged in their children's lives -through such activities as frequent family dinners -are less likely to have children who abuse substances. 6. Family dinners have long constituted a substantial pillar of family life in America. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the fourth Monday in September, 2009, (September 28, 2009) as "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to recognize and participate in this worthwhile observance. 3. The County Administrator is hereby directed to forward a copy of this resolution to CASA Family Day, 633 Third Avenue, 19`h Floor, New York, NY 10017. 1 PASSED AND DULY ADOPTED this 22nd day of September, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. IV-C DATE: September 22, 2009 ~ - • REGULAR [XX] • r PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY. SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-291 proclaiming the week of October 4 through October 10, 2009 as "MENTAL HEALTH AWARENESS WEEK" in St. Lucie County, Florida BACKGROUND: Cathleen Owen, Director of Fund Development with New Horizons of the Treasure Coast, has requested that this Board proclaim the week of October 4 through October 10, 2009 as Mental Health Awareness Week in St. Lucie County, Florida. The attached Resolution No. 09-291 has been drafted for that purpose. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-291 ns drafted. COMMISSION ACTION: CONCURRENCE: ~Q APPROVED [ ]DENIED - [ ]OTHER: ~ Approved 5-0 Faye W. outlaw, MPA County Administrator Review and Approvals County Attorney: ~~~y Management d Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 w RESOLUTION NO. 09-291 A RESOLUTION PROCLAIMING THE WEEK OF OCTOBER 4 THROUGH OCTOBER 10, 209 AS "MENTAL HEALTH AWARENESS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Mental health is essential to everyone's overall health and well-being; and 2. Mental illness will strike nearly one in four adults and children in a given year, regardless of age, gender, race, ethnicity, religion or economic status; and 3. An estimated two-thirds of adults and young people who have mental health disorders are not receiving the help they need; and 4. People can recover from mental illness and lead full, productive lives in the community; and 5. Increased public awareness of mental health issues may lead to earlier recognition and treatment of possible mental health problems, leading to lower health care and correctional costs, increased productivity, improved ability of children and adolescents to learn and contribute to healthier families and communities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim October 4 through October 10, 2009 as "MENTAL HEALTH AWARENESS WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to become more aware of mental health issues. PASSED AND DULY ADOPTED this 22"d day of September, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney 09/18/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #51- 12-SEP-2009 TO 18-SEP-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 622,488.55 586,157.51 001113 CDBG Supp Disaster Recovery Subgran 3,164.73 2,920.14 001180 US Dept Housing HUD Shelter Plus Gr 8,679.31 532.47 001184 CDBG 07 24,204.69 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 4,935.38 8,908.74 001190 FTA Sec 5307 - Buses 05/06 154.57 0.00 001194 U.S. Dept of Housing & Community 4,716.58 0.00 001419 FDCA-Construct County EOC 63.61 0.00 001436 INTACT Inspired Network to Achieve 690.62 0.00 001442 FCTD Planning Grant Agreement 427.91 1,420.71 001501 CSBG 2008-2009 Dept of Health and H 725.49 4,590.40 001505 FDCA Emerg. Mgmt Prep & Assist FY09 8,299.47 0.00 001507 USDA NRCS Tropical Storm Fay Damage 32,704.76 0.00 101 Transportation Trust Fund 38,008.92 37,718.96 101002 Transportation Trust/80% Constitut 12,845.11 44,627.72 101003 Transportation Trust/Local Option 21,677.82 53,622.47 101004 Transportation Trust/County Fuel Tx 11,434.52 17,893.96 101006 Transportation Trust/Impact Fees 15,609.07 0.00 102 Unincorporated Services Fund 34,773.50 76,752.39 102001 Drainage Maintenance MSTU 103,009.48 10,073.08 102111 NFWF St. Lucie Turtle Habitat Impro 7,278.25 0.00 102807 SFWMD Lakewood Park Stormwater Impr 7,867.80 0.00 102809 Paradise Park Phase 2 SFWMD 3,346.60 5,534.52 . 105 Library Special Grants Fund 4,222.65 0.00 107 Fine & Forfeiture Fund 60,350.31 157,330.33 107001 Fine & Forfeiture Fund-Wireless Sur 23,971.02 1,122.83 107002 Fine & Forfeiture Fund-E911 Surchar 3,159.83 1,122.83 107003 Fine & Forfeiture Fund-800 Mhz Oper 4,618.03 0.00 107006 F&F Fund-Court Related Technology 5,916.62 8,736.95 107205 Juvenile Justice & Delinquency Prev 158.85 2,076.00 107206 FDCF Criminal Justice, Mental Healt 181.35 0.00 115 Sheraton Plaza Fund 649.91 0.00 118 Paradise Park Fund 898.20 0.00 129 Parks MSTU Fund 4,889.00 0.00 130 SLC Public Transit MSTU 161.40 2,176.18 130209 FCTD TRIP FY 09/10 55,917.47 0.00 140 Airport Fund 12,157.23 15,104.98 140306 DOT-New N. Entrance Port Ft. Pierce 13,940.40 0.00 140352 Upgrade the Electrical Vault 11,564.80 0.00 150 Impact Fee Collections 115.00 1,523.20 160 Plan Maintenance RAD Fund 117.51 1,562.40 183 Ct Administrator-19th Judicial Cir 2,514.32 3,009.49 183001 Ct Administrator-Arbitration/Mediat 440.00 0.00 183004 Ct Admin.- Teen Court 395.36 5,404.72 183006 Guardian Ad Litem Fund 3,561.24 0.00 185010 FHFA SHIP 2008/2009 151.02 2,163.26 189100 Home Consortium 100.48 1,340.00 189201 FHFC Hurricane Housing Recovery Pla 1,227.97 2,077.20 09/18/09 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #51- 12-SEP-2009 TO 18-SEP-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 310002 Impact Fees-Parks 222,817.77 0.00 318 County Capital-Transportation Bond 113,510.36 0.00 _396 Lennard Road 1 - Roadway Capital 3,800.00 0.00 397 Lennard Road 2 - Water Capital 1,900.00 0.00 398 Lennard Road 3 - Sewer Capital 1,900.00 0.00 401 Sanitary Landfill Fund 207,444.70 57,451.08 418 Golf Course Fund 23,706.34 21,741.08 451 S. Hutchinson Utilities Fund 1,339.35 3,363.70 458 SH Util-Renewal & Replacement Fund 39.62 535.68 461 Sports Complex Fund 20,388.94 19,881.15 471 No County Utility District-Operatin 8,265.34 7,891.42 478 No Cty Util Dist-Renewal & Replace 3,084.55 1,316.93 479 No Cty Util Dist-Capital Facilities 110.03 1,481.04 491 Building Code Fund 2,965.51 33,425.61 505 Health Insurance Fund 257,335.08 2,354.75 505001 Property/Casualty Insurance Fund 27,463.71 0.00 611 Tourist Development Trust-Adv Fund 151.07 2,001.06 625 Law Library 1,201.43 0.00 665 SLC Art in Public Places Trust Fund 1,700.00 0.00 801 Bank Fund 217,775.18 0.00 GRAND TOTAL: 2,295,385.69 1,206,946.94 ~ AGENllA REQUEST 1TEM NO. V1-B-1 (f _ DATE: September 22, 2009 ® REGULAR [ ] a , PUBLIC HEARING Leg. [ ]Quasi-JD [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Donation ofRight-of--Way St. Lucie County School Board 5 feet on St. James Drive and 10 feet Temporary Construction Easement Resolution No. 09-272 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 25, 2006 - Grant application to FDOT Transportation Enhancement Program for sidewalks on St. James Drive from River's Edge Elementary School to Oxbow Environmental Center. RECOMMENDATION: Staff recommends that the Board accept the Quit-Claim Deed and Temporary Construction Easement, authorize the Chair to sign Resolution No. 09-272 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: [x] Road and Bridge: [x] Public Works: Daniel McIntyre Don Pauley Don We [x] Originating Dept: ~rV~~. [x] Engineering: JoAnn Riley Michael Powley _ ~ PROPERTYACQUISITION DIVISION • ' . ~ _ 1VI~IVIORANDUIVI TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 22, 2009 SUBJECT: Donation of Right-of-Way St. Lucie County School Board 5 feet on St. James Drive and Temporary Construction Easement Resolution No. 09-272 BACKGROUND: St. Lucie County's Grants Department received a grant from FDOT Transportation Enhancement Program for sidewalks along St. James Drive. The sidewalk in Phrase One is from River's Edge Elementary School to the Oxbow Environmental Center. St. Lucie County School Board donated 5 feet of right-of-way along their property on St. James Drive for this project. If FDOT grants Phase Two it will provide a sidewalk from the Oxbow to River Place. Constructing Phase One and hopefully Phase Two will fill a major gap of sidewalks along the east side of St. James Drive and provide a benefit to the residents of St. Lucie County and the parents and students of Southern Oaks Middle School and River's Edge Elementary School. RECOMMENDATION Staff recommends that the Board accept the Quit-Claim Deed for the right-of-way and Temporary Construction Easement from St. Lucie County School Board, authorize the Chair to sign Resolution No. 09-272 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, w~ ~J Ann Riley Property Acquisition Manager '~~j t ' ~ 5ft for sidewalk along ~ffi,~ ,i Southern Oaks Middle School 0 cgs 370 740 Feet ~ ~ ~ _ n f . a ~ 4' 't, i1y ~ yr : ~ _ . . a ~w~ Sidewalk y ~ fir' ~ + Y e ?:~~1~ -w'I .rte "s : , r ~ _ . g:}~ ~ ~ 6 - .tie , a J ~ ~ i • C ~ r''`te ~ # fit. - - ~ s ~ 1 _L! FrrM r urf ~Y. . ~ JJ 'r _ r. « f ' ~ Mk.{ X11 ~ t 'a'~"j. r. jzsui.~v"1 `"~,`3'. _-"f ~ _ ' ~ t' t<,f~'. i+'A ~ ~ ' s Wis. ~ iyi4:.,. _ /'4i~~;~~• aks Southern O ~ W ~ r Middle School . ~ 4 ~.a UIq/ h` , T, t .~vt . _ fit' e Y 4. ~ ~ ~ ~ ~ " ~ ~ y ~t S R w~..- . I ice. ,y; y yy4 ` . ~ Y' - . 91 f~J_. +1^wM}TlfiA ~ 3.~o3t ~.?~6t~'~ 4~~ 1 - ~ ye -~l' Sys ~ . l a ~ ~.r,~i y ~ ''t_/ `a ,RS` 'fi'ts ~~j .a~:~ ~'~'W *~,pt,}:~'~'~~Y. l~"~"t~ ~ ~,y~ t7~ ~~.,'~°'bIP+/~ M- ~ ^S1 ! p~ y m ~ , has,. .fir ~R ,wart ,'`F; ~'~rt" - * . ~ 'f t. ~~i ` x ~r as ay~a 9'~ yy ~ fi O* P` _ ?~i 1~ ~ ~ r -~I ~ +'J.)t~"'"-~1 ~p ~ w, ti i~ ~~,;~5 M ~ ~ y ~4~.:..,~ a ~ ~ ;;4k ;at~~.. ~ I V . 11.It ~yy 7 / .t ~ w w d _ p s a ~ r . at ~ raG a a r N AI . ~ +X ~.,.a1+ ~ ~ +lFt. - ~ ~ r. . ~ s . _.._,atl This instrument prepared by Janet LiCausi under the direction of: Daniel S. McIntyre, County Attorney ?300 Virginia Ave Ft. Pierce, FI 3498? Parcel ID No. 3420-740-0008-000/8 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this ~,5~ day of ~ 2009, by THE SCHOOL BOARD OF ST. LUCIE COUNTY FLORIDA, a governing body of the School District of St. Lucie County, Florida, joined by the ST. LUCIE SCHOOL BOARD LEASING CORPORATION, a Florida not-for-profit corporation, whose address is, 4202 Okeechobee Road, Ft. Pierce, FL 34947, as its interests may appear, together, first party to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida, 34982, second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, That the said first party, for and in consideration of the sum of $1.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party.has in and to the following described lot, piece or parcel of land, situate, lying and being in the "County of St. Lucie, State of Florida, to-wit: See Attached Exhibit TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. 1 SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA governing body of the School District ` O~ _ ) DI C. MILLER, Chair Witness for both Witness for bo: ~ ~ ~ MLCHAEL J. CANNON, Superintendent t_/ STATE OF FLORIDA COUNTY OF ST. LUCIE I hereby certify that on this day before me, personally appeared, JUDI C. MILLER and MICHAEL J. CANNON, known to me to be the Chair and Superintendent, respectively, of the School Board of St. Lucie County, Florida, in whose name the forgoing instrument was executed and that they severally acknowledged executing the same for such Board freely and voluntarily under the authority duly vested in them by the Board, that the seal affixed thereto is the true official seal of said Board; identification of the above-named persons are both personally known to me; and that an oath was not taken. Witn ss my hand and official seal in the County and State last aforesaid this ~~day of U US , 2009. My Commission expires: ~ /~/J~[1? Notary Public-State of Florida CHRISTINELFIARRISON Print Name:~riS~lhe- l-• 1~rY')SOY~ ' MY COMMISSION ~ DD 2010, ' - EXPIRES:August30, Notary p Undetwdtere .=1rF •tid~~ BondedThN of ST. LUCIE SCHOOL BOARD LEASING C~ /~i-Ga~ , ~ CORPORATION GI ~ 'C-~I ~~z Cxfa-~l) a Florida not-for profit corporation Witness for both i 'zC''%t, °-~~~-t'/L~/ J I C. MILLER, President Witness for bo / ' ` ,MICHAEI~J ON, Secretary . STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this o~j +day of ~ u U,S , 2009 by JUDI C. MILLER and MICHAEL J. CANNON, know to me to be the President and Secretary respectively, of ST. LUCIE SCHOOL BOARD LEASING CORPORATIONi who is personally known to me and who did not take an oath My commission Expires: Notary Signature nI , ~Yir CHRISTINE L wwRlsoN ~ r 1 S~1 r1 P. ~ ~ ~ r r r ~ MY COMMISSION # DD 591015 Pnnt Name EXPIRES: August 30, 2010 ~If~:fi~ ~ B°"~d itru ~ whit llndawrNxs 3 P ` \ \ 1 \ 1 ~Sj~ 4~ t R~~ \ 1 `~F O i U Z ~ \ Z ~ .n ~ S2\ \osF ~Sa = N ~sbs ~ ~3 ~ 487.6 ~ fps Z \ N ~ R \ a \K' r ~ ~ ~ 0 2 ~ ` _ ~ ~ ~ \ ; /Jv/ m ~ m ' mnprp~ R1 ~ ZI ~ ~ m m ~ - V! ~ O = o ~ m ~ m ~ m ? _ o ~ ~ ~ ~ mom \ o g ~ ~=imp\\ ~ m a o ;~~vo 10 N D oincn~a 1 i N o a ~ ° ~ ` ~ ~ o moo ~ o ~ ~ a a ~ n m 01 O . { ' ~ a~ 1 r ~ D~ m r N ~ t \ ~ rpmi ~ ? m1~~ ~ I ~ O m ~~~m ~ , z m O m ~ "'1 0 ~ 5~3 . ~ f C/J ~~~4q ~F { ~ S U N N f1l ~ °o_ ~ A F m Z ~ ~ 1y ~ \ \ ° 4 ~C1lQ I° ~ m 'n t ' m Z o 1 4 ~ ~ , jm O A ~ ~ S m O O~ A U N i m CD ' .'LO7 :U ~ ~O m ~ ~ N = mm DO A m i E I U1Z Om ~ mN i I ~00 ~i pZix { m ry ~2°~° ~^<~mow n~ :il-I TI "L~"D~O I UDD ~r of Cn fl y y, ~ Q$~y. °a pm0 ~iDm ( S~r~m ~m Q <O O- `~1 < !`I (~~~4~.~^'~4 ¢ V ~ ~ 711 ~y r ~ .J~ O at D ° , ~ I I Vl'"0 ~1 ~ VI 1 ~ ~I N L~ A ~co° ~ ~ N v10 G7 ~l '1 4 ~ 'S /'1 f'1 ~ f Vt D C b 1 s ~ ~ j_ ° ~ C) N ~ Z C'1 r' Q m m ~n Qi °a3 m'?~ z~2ZZ~>~==p d zn ~ C/~ C ~ N a p ~ 3 m ~ m D ~ UI ~ ~ ?ooo oroo~ m`~ o o O c ^5~C a «°"nea~3 ~gmn ~mffr Do~ n Z ~3 a°~ ~ ~ vl', 3 O ~ ~ m rln z Z U] r 20 ~c~3~°~ zm Oro - m~ ~ l~~°c`"3 ~ ~m mm C~ vDi~ m o _ ~~o~~3S z oz o ~m ~ , o Z Z m a¢° > = n°5A ao ° ec o ~ :@a3a^' m~^ n o ~o $ m A ~ ~ ^ NU ° ~ ~ ~ ' o Y- ~ LEGAL DESCRIPTION ~,EET ~~~la~ Kmle Hom E "EO"0,ev=~ ~ andPssociales, Inc. '/14''9 AND SKETCH °n"` i3v4"~'£ 1 OF 2 aR~1?i1` nr m[ l91O ST S1PRT~MIC J00. VF110 EK ST?s0 PR°JECT NU, _ ,„°„E ,n_,~,_9.,, o+zzoaos RIGHT OF WAY DEDICATION Mvw.lalF~-HOM.CW U OOm0696 LEGAL DESCRIPTIOA~ (BY SURVEYOR) _ ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING - WITHINTHOSE LANDS DESCRIBED IN O.R. BOOK 932 AT PAGE 976 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY - DESCRIBED AS FOLLOWS, TO V~~IT; COMMENCING FOR REFERENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST ~ 1/4 OF SECTION 8, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE NORTH 89°59'45" ; WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1019.09 FEET TO THE EASTERLY LINE OF A 150 FOOT WIDE RIGHT OF WAY FOR SOUTH 25TH STREET AS SET FORTH IN QUIT CLAIM DEED RECORDED IN O.R.B. 795 a AT PAGE 1648 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE, BEARING NORTH 28°51'30" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 140.44 s FEET TO A POINT: THENCE, BEARING NORTH 89°59'45" WEST, PARALLEL WITH AND 123 = FEET NORTHERLY FROM THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION B, A DISTANCE OF 1372.50 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; ? THENCE, CONTINUING ALONG SAID PARALLEL LINE, BEARING NORTH 89°59'45" WEST, A DISTANCE OF 5.57 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF N.W. 5T. JAMES DRIVE (S. 25TH STREET); THENCE ALONG SAID SOUTHERLY RIGHT = OF WAY LINE, THE FOLLOWING THREE (3}COURSES: a 1. THENCE, BEARING NORTH 26°15'05" EAST, A DISTANCE OF 483.83 FEET TO A g POINT OF CURVATURE. 2. THENCE ALONG A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF e 875.00 FEET, A CENTRAL ANGLE OF 53°31'50"; A CHORD LENGTH OF 788.09 FEET, AND BEARING NORTH 53°01'00' EAST; THENCE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 817.50 FEET TO A POINT; ' 3. THENCE, BEARING NORTH 79°46'55" EAST, A DISTANCE OF 258.26 FEET TO A ~ d POINT; s ii THENCE, LEAVING SAID RIGHT OF WAY LINE, BEARING SOUTH 10°13'05" EAST, A a 9 DISTANCE OF 5.00 FEET TO A POINT; s THENCE, BEARING SOUTH 79°46'55' WEST, A DISTANCE OF 258.26 FEET TO A POINT - OF CURVATURE; ; THENCE, ALONG A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 870.00 a FEET, A CENTRAL ANGLE OF 53°31'50", A CHORD LENGTH OF 783.59 FEET AND 9 BEARING SOUTH 53°01'00" WEST; THENCE, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 812.83 FEET TO A POINT; THENCE, BEARING SOUTH 26°15'05" WEST, A DISTANCE OF 481.36 FEET TO THE ~ POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 7,780 SQUARE FEET OR 0.18 ~ ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND ; RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. t: E 1 '~I - r.=NE kmley-Hom DnTC °C9~ D+aN[rn St,fET NUMRER L, ,~,~~c, LEGAL DESCRIPTION ° E. ~ and Assodates, Inc. AND SKETCH "°"A »°"a"' `=~"'"T m, -x_`,.~F.'x'n;_~ ~a RIGHT OF WAY DEDICATION ,nmxwcv~uaic°M a owa°~w 0<; 203048 This instrument prepared by Janet LiCausi under the direction of: Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PARCEL ID NO: 3420-740-0008-000/8 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this day of ,2009, THE SCHOOL BOARD OF ST. LUCIE COUNTY, governing body of the chool District of St. Lucie County, Florida, joined by St. Lucie School Board Leasing Corporation, a Florida not-for-profit corporation, whose address is, 4202 Okeechobee Road, Ft. Pierce, FL 34947, as its interests may appear, together hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida, 34982, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of One ($1.00) Dollar and other good and valuable consideration do(es) hereby give, grant, bargain and release to Grantee, its agents, assigns, contractors and sub-contractors, a Temporary Construction Easement to enter upon that portion of certain lands owned by the grantor being described as follows: See Exhibit "A" attached hereto for the purpose of tying in, restoring and harmonizing said property, for construction of a sidewalk along the above mentioned property. This Easement is ganted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above and that all grading or sloping conform to all existing structural improvements within the limits designated, and all work will be performed in such a manner that existing structural improvements will not be damaged and the Grantee shall not unreasonably interfere with or obstruct Grantors ingress and egress to Grantor's property. The County shall and will indemnify and save harmless the School District from and against any and all liability arising out of or in any way connected with use of the premises covered by the easement. The indemnification shall not cover liability resulting from the negligence of the School District or its agents. This Easement shall expire upon the earlier of the completion of the construction of the above referenced sidewalk construction project or June 30, 2012. 1 The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNF~S WHEREO ,the undersigned Grantors have hereunto set their hands and seals this r 1 day of , 2009. THE SCHOOL BOARD OF ST. LUCIE COUNTY, a body corporate Signed, sealed, and delivered in our presence as witnesses: U I C. MILLER, Chair Witness for both Witness for both MI AE ANNON, Superintendent STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this p~~ay of A S , 2009, by JUDI C. MILLER and MICHAEL J. CANNON, Chair and Superintendent, respectively, of THE SCHOOL BOARD OF ST. LUCIE COUNTY who is personally known tome and who did not take an oath. My Commission Expires: ~2%~~n~~ NOTARY PUBLIC CHRISTINE L HARRISON _ _ MY COMMISSION#DD591015 Print Name: /DL ~ L_ EXPIRES: August 30, 2010 [ ~ llr~ S 1 h 8 QY f Y~ _ O~c BaWed Thm NotatY Pubic Undenvtiters 2 ST. LUCIE SCHOOL BOARD LEASING Signed, sealed, and delivered in our presence CORPORATION, a Florida not-for-profit as witnesses: corporation ~ f Witness for both U C. MILLER, President_~ ~ ~ ~ Witness for both CHAEL J, L N, Secretary STATE OF FLORIDA COUNTY OF ST LUCIE The foregoing instrument was acknowledged before me this ~ ay of uS~ , 2409, by ~1~ JUDI C. MILLER and MICHAEL J. CANNON, President and Secretary, respectively, of ST LUCIE SCHOOL BOARD LEASING CORPORATION who is personally known to me and who did not take an oath. 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CONST. EASEMENT - - ~o"c m-es:-i+si c n-s.~-aee.~ p. 72°3C4F -.an.ca ~c~ womerc 4 F LEGAL DESCRIPTION (BY SURVEYOR) ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING WITHIN THOSE LANDS DESCRIBED IN O.R. BOOK 932 AT PAGE 976 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY Q DESCRIBED AS FOLLOWS, TO WIT; I COMMENCING FOR REFERENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 3 1I4 OF SECTION 8, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE NORTH 89°59'45" _ WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF _ 1D19.D9 FEET TO THE EASTERLY LINE OF A 150 FOOT WIDE RIGHT OF WAY FOR SOUTH 25TH STREET AS SET FORTH IN QUIT CLAIM DEED RECORDED IN O.R.B. 795 AT PAGE 1648 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE, BEARING NORTH 28°51'30" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 140.44 FEET TO A POINT; THENCE, BEARING NORTH 89°59'45" WEST, PARALLEL WITH AND 123 ; FEET NORTHERLY FROM THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION B, A DISTANCE OF 1361.50 FEET TO THE POINT AND PLACE OF BEGINNING F OF THE HEREIN DESCRIBED PARCEL; $ 9 THENCE, CONTINUING ALONG SAID PARALLEL LINE, BEARING NORTH 89°59'45" WEST, 8 A DISTANCE OF 11.15 FEET TO A POINT; s THENCE, BEARING NORTH 26°15'05" EAST, A DISTANCE OF 481.36 FEET TO A POINT a OF CURVATURE. THENCE ALONG A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 870.00 i FEET, A CENTRAL ANGLE OF 53°31'50"; A CHORD LENGTH OF 783.59 FEET, AND BEARING NORTH 53°01'OD" EAST; THENCE, NORTHEASTERLY ALONG THE ARC OF SAID ; CURVE, A DISTANCE OF 812.83 FEET TO A POINT; ~ THENCE, BEARING NORTH 79°46'55" E,°.ST, P. DISTANCE OF 258.26 FEc i TO A POIt~IT; ; THENCE, BEARING SOUTH 10°13'05" EAST, A DISTANCE OF 8.00 FEET TO A POINT TO A POINT OF CURVATURE; THENCE ALONG A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 89.00 FEET, A CENTRAL ANGLE OF 01°17'16"; A CHORD LENGTH OF 2.00 FEET, AND BEARING SOUTH 10°51'43" EAST; THENCE, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 2.00 FEET TO A POINT; a THENCE, BEARING SOUTH 79°46'55" WEST, A DISTANCE OF 258.28 FEET 70 A POINT i OF CURVATURE; THENCE, ALONG A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 860.00 FEET, A CENTRAL ANGLE OF 53°31'50", A CHORD LENGTH OF 774.58 FEET AND BEARING SOUTH 53°01'00' WEST; THENCE, SOUTHWESTERLY ALONG THE ARC OF i SAID CURVE, A DISTANCE OF 803.48 FEET TO A POINT; THENCE, BEARING SOUTH 26°15'05" WEST, A DISTANCE OF 476.43 FEET TO THE Y POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 15,453 SQUARE FEET OR x 0.355 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND = RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. i E i f a A J'+4T En U.r CC°: ~H~tT NI1tAR[R Hrs IGmley-Hom LEGAL DESCRIPTION F ~ andAssoaates, Inc. ~/'^!0' AND SKETCH 2 OF 2 (J ]OO° roxEV-Horn .WO ?.asao•rts ~c iRCJCCT NO. .~H H. 2ifT ~'„W TEMP. CONST. EASEMENT rHUlc~. m-s.x->s", v"c na-saf-aces D472(7~04H .araw.cw a oo°oaesc RESOLUTION N0.09-272 A RESOLUTION ACCEPTING QUIT CLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Quit Claim Deed and Temporary Construction Easement are duly accepted on behalf of St. Lucie County this 22th day of September, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY S:\ACQ\WP\Right of Way Donations\.School Board sidewalk St James\Resolution.wpd . AGENDA REQUEST ITEM NO. C1aC DATE: April 25, 2D06 REGULAR ~ ~ • PUBLIC HEARING CONSENT (X} PgE3ENTED BY: TO: Board of County Cammissionars Bill Hoaffner Grants Writer gUgT.tITTED BY (DEPT) : Grants Authorize the submittal of a grant application to the FDOT Transportation 000 to construct a sidewalk on St. SUBJECT: Enhancement Program for funding of $200, James Drive from River's Edge Elementary Schoolranttif fundingnisrawardedl Center. Also authorize the acceptance of the g ~C~p~p; In 2002, 3t. Lucie County submitted two Transportation Enhancement grant apglicatians. One was for a sidewalk on St. James Drive from Rivers Edge Elementary to the Oxbow Environmental Center and the second was for a pedestrian bridge across Canal 80 at Avenue J. The Avenue J project was funded at $77,000. The St•lacedsinxthe FDOTeworkaschedule for $200,000. Both projects were p p6-07 Due to escalating construction costs during the four years that elapsed between submittal of the grant application and the funding of ' the project, there was insufficient funding to complete both projects. FDOT District 9 was consulted regarding this and a recommendation was made by County staff to combine the funding for the two projects into one: the Avenue J Pedestrian Bridge. The BOCC approved this recommendation on 3/14/2006. In addition, in order to allow the St. James sidewalk project to continue moving forward, the BOCC approved $55,000 in fundingermittinntofgtheyStundames sidewalkzprojectdesThe18000 engineering, and p g also recommended at the 3/14/2006 meeting that County staff resubmit this project for Transportation Enhancement funding in the next Transportation Enhancement grant cycle. The current estimated cost of this project is $255,000 with $55,000 for design, engineering and permitting and $200,00 for construction. Design, engineering, and permitting will be accomplished within the next year. Funds to be provided through the Transportation Enhancement grant, will not be made available until FY 2009-2010. Inflation during the next four years, at 10~ per year, could increase construction costs by 60$. Therefore, construction costs axe being estimated to be $320,000. Because St. Lucie County is limited to being awarded $640,000 in Transportation Enhancement funds in this application cycle and because the County is additionally submitting an application for a sidewalk on Angle Road that has a considerably higher cost, the . application for the St. James sidewalk is being limited to $200,000. FUND3 AVAIL: This grant does not require a match. Howeve 000 thatr has beeny approvedlby is improved if a match is provided. The S55, the BOCC f6r design, engineering, and Permitting will serve as match. These funds are available in 001-4115-563000-43106. An additional $120,000 will be made available in the Capital Improvement Plan in future years to cover anticipated inflationary increases in construction costs. PREVIOUS ACTION: Curing 2002, the Board approved the submittal of a grant application. for this project to `she _ranspcrtation Enhancement Program. On 3/19/2006, the BOCC approved the ,.ransfer of funds awarded through the transportation Enhancement Program for this project to the Avenue J Pedestrian. Bridge ?ro~ect. T_he BOCC also approved, or. 3/14/2006, funding cf $55,000 for design, engineering, and permitting of the project. REC02~NDATION: Staff recommends the Board authorize the submittal of a grant app'_icatior. for $200,000 in funding for the 5t. James Sidewalk project to the Transportation Enhancement ?rogram and the acceptance of the grant if it is awarded. CObQ.SISSION ACTION: CONCURRE APPROVED [ ] DENIED [ ] oT~R: Approved 5-0 , ugZas Anderson County Administrator }L Coordination/Si a/tyu}res Mgt G Hudge t : / ' ~ ~ County Attorney: F'insnc~; Originating Dept: f Public works: AGENDA REQUEST ITEM NO. VI-B-2 DATE: 09-22-09 ~ - REGULAR [ ] _ L _ ~ _ L:.; ~L L`` zz PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Mark Godwin G~ Criminal Justice Coordinator SUBJECT: Funding request for a Case Manager for Mental Health Court. Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community. BACKGROUND: A Case Manager is a key position in diverting the mentally ill from the County Jail into community resources via the Mental Health Court. This position helps defendants with mental health evaluations, doctor appointments, along with continual contact with this specialized group of defendants. This position also helps the mentally ill defendants solve their day-to-day issues. Please see attached Memorandum CA No. 09-1124. FUNDS AVAIL: $65,000.00 (Pre-Trial Program #107-2360-581030-200, New Horizons). PREVIOUS ACTION: The Board has funded this position since 2007 for the same amount. RECOMMENDATION: Staff recommends the Board deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Case Manager position that works in the Mental Health Court. This contract term will be from 10/1/09 thru 9/30/10. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED _-~T~_ (]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals C.; ~ ~ ~ r [X] County Attorney: [x] Management & Budget: / ~ Dan McIntyre Marie Gouin, Dreci!or Patty Marston, Analyst BOARD OF _ CRIMINAL JUSTICE COUNTY ® COORDINATOR COMMISSIONERS ~ ~ - Mark J. Godwin Date: September 11, 2009 To: Marie Gouin, OMB Director From: Mark Godwin, Criminal Justice Coordinator RE: Approval of Sole Source Provider -New Horizons In accordance with the new procedures in the purchasing manual, I'm requesting approval to have New Horizons of the Treasure Coast, Inc., identified as a sole source provider. In the Criminal Justice Division, we have three (3) current contracts with New Horizons. These contracts result in the reduction of mentally ill individuals being housed in the County jail. Furthermore, we were awarded a $688,572.00 grant, which identifies New Horizons as a partner in the Counties efforts reducing the jails mentally ilI population. New Horizons has a "step down" program for the Mentally Ill inmates that are being released by the jail which provides housing, therapy, medication. In accordance with Purchasing Manual, section 5.5(a)(2) there is no other provider that can deliver mental health services at the capacity that New Horizons can (single source), I'm requesting approval for the County to utilize New Horizons of the Treasure Coast, Inc, as a sole source provider for the following contracts: Jail Diversion - $481,000.00 Case Manager - $65,000.00 M.H. Court Grant - $688,572.00 (in our second year) I have attached a copy of an Agenda Item for one of the coptracts that will expire at the end of this month. Thank you for your consideration. Approval: ~.----,j Marie ouin, . ~B Director r ~ 4, _ 1,.,~~~ ~r cc: Dan McIntyre, County Attorney CHRIS DZADOVSKY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator -Faye W. Outlaw County Attorney -Daniel McIntyre 2300 Virginia Avenue - 3rd Floor Admin. Annex -Fort Pierce, FL. 34982-5652 -Phone (772) 462-1418 FAX (772) 462-1440 - TDD (772) 462-1428 - - INTER-OFFICE MEMORANDUM ~ ~ - ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: September 22, 2009 SUBJECT: Contract with New Horizons for staffing n Cnse Manager position for Mental Health Court ITEM NO.: VI-B-2 Background: On June 6, 2006, Judge Cox held the first Mental Health Court session at the St. Lucie County Courthouse. Since then, 552 defendants have appeared before the court. A case manager position was put in place over two (2) years ago in order for the court to provide services to the mentally ill defendants. The case manager also provides coordinating treatment which includes working with developing an individually tailored treatment plan for an array of services including medication management, supported living, employment, education, rehab and housing opportunities, as well as peer support. This position also helps defendants apply for federal benefits. Out of the 217 defendants that have graduated, so far, from the Mental Health Court program, only 14 have been arrested which equates to a very low 6.45% recidivism rate. New Horizons is the sole source provider for this service. Recommendation: Staff recommends the Board deem New Horizons as a sole source provider and enter into n contract with them for staffing the Cnse Manager position that works with Mental Health Court. The Project Manager for the County is Mark Godwin at (772) 462-1441. The Project Manager for the Contractor is John Romano at 772-468-4073. (Julie Dolan is the financial contact (772) 468- 4079). The parties shall direct all matters arising in connection with the performance of this Contract, other than notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. The Project Manager, however, has no authority to approve or execute Change Order Work. . 4. TERM The term of this Contract shall start on October 1, 2009 and terminate on September 30, 2010. 5. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 1 through 14 inclusive. B. Position description (1) C. Insurance certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. D. Any modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 6. REPORTS AND RECORDS A. The Contractor shall maintain during the term of this Contract, all books of account, reports, and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Contract. The form of all such records and reports shall be 2 subject to the approval of the Contract Manager or his designee prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. B. All records of the Contractor necessary to verify the report set forth herein shall be available to the Contract Manager or his designee and the County's auditors at a reasonable location in St. Lucie County, Florida, for a period of six years after the starting date of this Contract. 7. SERVICES AND CONTRACT PAYMENT The Contractor shall provide services specifically described in the mental health court manager position description attached hereto. The County shall reimburse Contractor for the services the sum of Sixty Five Thousand Dollars ($65,000). Payment shall be made on a quarterly basis in equal installments of $16,250 per quarter. This total cost/reimbursement shall include all taxes, FICA, Medicare, FUTA, insurance, travel, salaries and/or other compensation or benefits for the Contractor's employees or independent contractors. Payment shall be made on a quarterly basis for each month that the position is filled and in the event the position is vacant, the payment shall be made pro rata. The Contractor shall submit quarterly invoices to the County insufficient detail for both pre-audit and post-audit purposes. The first payment shall be due within thirty (30) days of the date this Contract is approved by both parties. The remaining payments shall be due each quarter thereafter, as specifically provided herein. The County shall pay the Contractor through payments issued by the County Finance Department. in accordance with the Florida Prompt Payment Act of the Florida Statutes, Section 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 8. REIMBURSEMENT The intent is for the Mental Health Court Manager to provide mental health services to uninsured or underinsured Mental Health Court participants. The Mental Health Court participants will be assisted in promptly applying or reapplying for benefits. In the event participants are eligible or become eligible for benefits, any retroactive and prospective reimbursement for services provided will be diligently sought. Upon receipt of payment from a third party or other payer source, reimbursement shall be credited to the County. The Contractor will provide to the County a quarterly report detailing any anticipated or received reimbursements. 9. PUBLIC CONTACT OF CONTRACTOR'S EMPLOYEES 3 Contractor's employees or independent contractors in contact with the public shall perform their duties in an efficient and courteous manner. Failure of an employee/independent contractor to do so shall be grounds for the County Administrator or his designee to demand his or her removal from duties. All professionals, with the exception of the project manager shall be appropriately attired so as to be distinguishable ns the Contractor's employees. 10. HIPAA Contractor and its employees or independent contractors shall comply with Part 2 of Title 42 of the Code of Federal Regulations, which governs the confidentiality of client records and recipients of this information may re-disclose it only in connection with their official duties. 11. SUBCONTRACTORS In the event Contractor requires the services of any contractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such contractor or professional associate. 12. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of six years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be sub ject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until nn audit is completed and all questions arising there from are resolved, or six years after completion of the pro ject and issuance of the final certificate, whichever is sooner. 13. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in con junction with this Contract. 14. CONTRACTOR RESPONSIBILITY 4 The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contrnctor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, in or on which the Work is done is different from what was assumed or expected, including, but not limited to hurricanes, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is n representation that the Contractor has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work or equipment of the Contractor. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and in jury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 15. PERMITS AND LICENSES Contrnctor shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain same in full force and effect. 16. INDEMNITY Contrnctor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to ns "County"),free and harmless nt all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily in jury (including death) incurred or sustained 5 by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Contract for n period of ten (10) years after the date of the acceptance of the Work by the County. 17. INSURANCE Commercial 6enernl Liability; Property Liability and Professional Services Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability, property liability and professional services liability insurance to include: 1) All Risk Property Insurance: One million dollars ($1,000,000.00) per occurrence and one million dollars ($1,000,000.00) in the aggregate. Full replacement value is required and 2) Commercial General and Property Liability and Professional Services Liability: One million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) in the aggregate. The policies shall also provide the County be given a thirty (30) day written notice of cancellation or non-renewal and include the County as an additional named insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: l) coverage for any automobile for b limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and Z) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shalt also provide the County will be given a thirty (30) day written notice of cancellation or non- renewal and include County as an additional insured. Workers' Compensation and EmploXers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $1,000,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. 18. DEFAULT; TERMINATION A. FOR CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail to supply enough employees or proper material to meet the demands or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. 7 (4) Fails to perform any of the terms of this Contractor performs work which fails to conform to the requirements of this Contract. (5) Notwithstanding the foregoing and as supplemental and additional means of termination of this Contract under this section, in the event that Contractor's record of performance shows that Contractor has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Contractor, in the opinion of County and regardless of whether Contractor has corrected each individual condition of default, Contractor shall be deemed a "habitual violator",shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively, shall constitute a condition of irredeemable default. The County shall thereupon issue Contractor a final warning citing the circumstances therefore, and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for immediate termination of this Contract. In the event of any such subsequent default, County may terminate this Contract upon the giving of written final notice to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar day following the date of the final notice, and all contractual fees due hereunder plus any and all charges and interest shall be payable to said date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said final notice, Contractor shall proceed to cease any further performance under this Contract. (6) In the event of the aforesaid events specified in sections (1), (2), (3), (4), and (5), hereof and except as otherwise provided therein, termination shall be effective upon the date specified in County's written notice to Contractor and upon said date this Contract shall be deemed immediately terminated and upon such termination all liability of the County under this Contract to Contractor shall cease, and the County shall be f ree to negotiate with other contractors for the operation of the herein specified services. For failure to perform, Contractor shall reimburse the County all direct and indirect costs of providing interim service. B. Contractor recognizes that the failure on the part of Contractor to comply with the terms of this Contract is likely to cause irreparable damage to the County and damages at law would bean inadequate remedy. Therefore, Contractor agrees that in the event of a breach or threatened breach of any of the terms of the Contract by Contractor, the County shall be entitled to an injunction restraining such breach and/or to a decree of specific performance, without showing or proving any actual damage, together with recovery of reasonable attorneys' fees and costs incurred in obtaining said equitable relief until such time as a final and binding determination is made by the court. The foregoing equitable remedy shall be in addition to, and not in lieu of, all remedies or rights which the County may otherwise have by virtue of any breach of this Contract by Contractor. The 8 County shall be entitled to seek in junctive relief without the posting of any bond or security to obtain the entry of temporary and permanent injunctions and order of specific performance enforcing the provisions of this Contract. The County shall also be able to seek in junctive relief to prohibit any act or omission by Contractor or its employees that constitutes a violation of any applicable law, is dishonest or misleading. Contractor expressly consents and agrees that the County may, in addition to any other available remedies, obtain an injunction to terminate or prevent the continuance of any existing default or violation, or to prevent the occurrence of any threatened default by Contractor of this Contract. (C) WITHOUT CAUSE The County or the Contractor may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. Upon such termination, the Contractor waives any claims for damages from the termination without cause including, without limitation, any and all consequential claims asset forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. 19. PROHIBITION AGAINST CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than n bonafide employee working solely for the Contractor, to solicit or secure this Contract, and that he has not paid or agreed to pay any persons, company corporation, individual or firm, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Contract. 20. NON DISCRIMINATION Contractor covenants and agrees that the Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational.qualification); or because of marital status, race, color, religion, national origin or ancestry. 21. VERIFICATION OF EMPLOYMENT STATUS 9 The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a (e) [Section 274A (e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 22. ASSIGNMENT No assignment or subcontract of this Contract or arty right occurring under this Contract shall be made in whole or in part by Contractor without the express written consent of the Board. Assignment shall include any transfer of 20% or more of stock or control in Contractor. The Assignment shall also include the failure of the Contractor's Project Manager to continue to actively participate in either this Contract or the Company. The County shall have full discretion to approve or deny, with or without cause, any subcontract, any proposed assignment or assignment by Contractor. Any assignment or subcontract of this Contract made by Contractor without the express written consent of the County shall be null and void and shall be grounds of the County to declare a default of this Contract, and immediately terminate this Contract by giving written notice to Contractor, and upon the date of such notice this Contract shall be deemed immediately terminated, and upon such termination all liability of the County under this Contract to Contractor shall cease and Contractor shall be deemed to have failed to perform its obligations under this Contract, and County shall have the right to require performance or indemnification from any surety and shall be free to negotiate with other contractors or any other person or company to provide service to the County Urban Service Area. In the event of any assignment with the consent of County, the assignee shall fully assume all the liabilities of Contractor, provided, however, that such assignment and assumption shall not relieve Contractor of any liability or responsibility under this Contract. 23. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With a Copy To: St. Lucie County Administrator St. Lucie County Attorney Administration Annex Administration Annex 10 2300 Virginia Avenue 2300 Virginia Avenue Ft. Pierce, FL 34982 Ft. Pierce, FL 34982 As To Contractor: New Horizons of the Treasure Coast 4500 W. Midway Road Ft. Pierce, FL 34981 Or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 24. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 25. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2007) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest 11 by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 26. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or prising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, and so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 27. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 28. INTERPRETATION; VENUE This Contract 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 thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit (including but not limited to the intent and purposes set forth in the attached memorandum of understanding) and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. 12 Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Contract in counterparts each of which shall be treated as an original upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORREC'TNE55: COUNTY ATTORNEY WITNESSES: NEW HORIZONS OF THE TREASURE COAST BY: Print Name: Title: 13 POSITION DESCRIPTION The Mental Health Court Manager will be assigned solely to the mental health court and will have overall responsibility relevant to coordinating treatment and services for mental health court participants. This will include working with individual mental health court participants and with other mental health court providers and providing regular updates to the mental health court judge. A comprehensive mental health clinical needs assessment will be completed for participants and an individually tailored treatment plan developed based on strengths, needs, abilities, and preferences. An array of services and supports including case management, medication management, supported living, employment, education, rehab and housing opportunities, as well as peer supports, will be made accessible to various participants. The goal will be to assist the clients in all areas of case management and assessing clients to include strengths and services needed and making proper referrals and coordination of services; monitoring their progress, assisting with applying for services or benefits; encouraging compliance with services and reporting to the Court on the client's progress with services. A Bachelor's level degree is required. 14 AGENDA REQUEST ITEM NO. VI-B3 h A~=L~~, DATE: September 22, 2009 ~ ~ ~ - - - ~ REGULAR [ ] ~ 3~~~.y ~~'~~~i.,,,~`,~~~ PUBLIC HEARING [ ] rte. z~'.~z~ CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney ~ Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Amendment to Debris Removal and Monitoring Agreements BACKGROUND: See CA09-1125 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends the Board approve the amendments to the debris removal and monitoring agreements as drafted by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED _ [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator G Review and Approvals [X] County Attorney: L` [ ]Management & Budget: [ ]Purchasing: [ ]Road & Bridge.: t~ )Parks & Recreation Director [ ]Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 09-1125 DATE: September 22, 2009 SUBJECT: Amendments to Debris Removal and Monitoring Agreements BACKGROUND: The County has seven debris removal contracts and three debris removal monitoring contracts. The debris removal contracts are as follows: Ashbritt, Inc. C01-03-309 Arbor Tree and Land, Inc. C01-02-271 Phillips & Jordan, Inc. C06-10-669 LEB Demolition and Consulting Contractors C01-02-273 Grubbs Construction Company C01-02-270 Crowder/Gulf Joint Venture CO1-02-269 DRC, Inc. ~C01-02-272 The debris removal monitoring contracts are as follows: Beck Disaster Recovery, Inc. C06-10-823 Patton Harris Rust & Associates C06-10-669 Solid Resources, Inc. C06-10-668 The Florida Highway Administration now requires that these contracts have certain additional provisions in order to be eligible for Federal reimbursement. RECOMMENDATION/CONCLUSION: Staff recommends approval of amendments to the County's debris removal and debris removal monitoring agreements to add FHWA requirements. Respectfully sub 'tt , , ~ Heather Sperrazza L e~e Assistant County Attorne FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 1 of 22 1 • • M ~J11~~l~:.j :~jJ11 Quality Management & Coordination Details Safety Materials . _ FHWA > Engineering > Construction > Contract Admin > FHWA-1273 Electronic version March 10, 1994 Construction FHWA-1273 Electronic version March 10, 1994 Events Guide PDF Version (0.5 mb) • View all Upcoming Construction Fact Sheets Required Contract Provisions Federal-Aid Events Links Construction Contracts Contact I. General Memos Jerry Yakowenko II. Nondiscrimination III. Nonsegregated Facilities Office of Program Publications Administration IV. Payment of Predetermined Minimum Wage 202-366-1562 Research V. Statements and Payrolls E-mail Jerry VI. Record of Materials, Supplies, and Labor Reviews VII. Subletting or Assigning the Contract VIII. Safety: Accident Prevention Technical IX. False Statements Concerning Highway_Projects Advisories X. Implementation of_Clean Air Act and Federal Water Pollution Control Act Training & XI. Certification Regarding Debarment, Suspension Ineligibility, and Workshops Voluntary Exclusion XII. Certification Regarding Use of Contract Funds for Lobbying Attachments A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in http://www. fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FHWA Page 2 of 22 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; http://www.fliwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 3 of 22 and selection for training, including apprenticeship, preapprenticeship, and/or ` on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, wilt be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to http://www. fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 4 of 22 the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that • the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance http://www. fhwa.dot.gov/programadmin/contracts/ 1273.cfm S/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 5 of 22 requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 6 of 22 subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: 1. The number of minority and non-minority group 'members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, http://www. fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 7 of 22 segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. http:!/www.fhwa.dot. gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 8 of 22 c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the http://www. fhwa. dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 9 of 22 contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where . appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be http://www. fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 10 of 22 paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the . classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: http://www. fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 11 of 22 Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the em{~loyment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and- one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: http://www. fhwa. dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... 'Page 12 of 22 Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, http://www.fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 13 of 22 normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, . pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees; and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shalt set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1 U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of http://www.fhwa. dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 14 of 22 this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further . payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 15 of 22 contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has fuH authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 http://www.fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 16 of 22 . U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by http://www. fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 17 of 22 Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification -Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this http://www. fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 18 of 22 clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, • Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; http://www.fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 19 of 22 b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not present?y indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification -Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) 'a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, http://www.fl~wa.dot.gov/programadmin/contracts/ 1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... P'age 20 of 22 , unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its . principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting http://www. fhwa. dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admire -Construction - FH... Page 21 of 22 this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. 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 31 U.S.C. 1352. 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. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A -EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State http://www.fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 22 of 22 . Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. PDF files can be viewed with the Acrobat® Reader® This page last modified on 07/27/07 ;'}-i `r? Fi ..~u I .7 ce;:l ',f7 i?=.1 I _Orf :ii.'~!~:I ~Ci FH1NA United States Department of Transportation -Federal Highway Administration http://www.fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FIRST AMENDMENT TO MARCH 6.2001 AGREEMENT CO1-03-306 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 PHILLIPS & JORDAN, INC., their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on March 6, 2001, the parties entered into an agreement, hereinafter referred to as the "Agreement" for debris removal; and, WHEREAS, the Federal Highway Administration ("FHWS") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Agreement to incorporate these new FHWS requirements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 11 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any terms or conditions of this Agreement conflict with the FHWA requirements, the FHWA requirements shall prevail. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: PHILLIPS & JORDAN, INC. BY: NAME: TITLE: -1- FIRST AMENDMENT TO MARCH 13. 2001 AGREEMENT C O 1-03-309 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 ASHBRITT, INC., their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on March 13, 2001, the parties entered into an agreement, hereinafter referred to as the "Agreement" for debris removal; and, WHEREAS, the Federal Highway Administration ("FHWS") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Agreement to incorporate these new FHWS requirements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 12 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any terms or conditions of this Agreement conflict with the FHWA requirements, the FHWA requirements shall prevail. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ASHBRITT, INC. BY: NAME: TITLE: -1- FIRST AMENDMENT TO FEBRUARY 6.2001 AGREEMENT CO1-02-271 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 ARBOR TREE & LAND, INC., their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on February 6, 2001, the parties entered into an agreement, hereinafter referred to as the "Agreement" for debris removal; and, WHEREAS, the Federal Highway Administration ("FHWS") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Agreement to incorporate these new FHWS requirements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 12 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any terms or conditions of this Agreement conflict with the FHWA requirements, the FHWA requirements shall prevail. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ARBOR TREE & LAND, INC. BY: NAME: TITLE: -1- FIRST AMENDMENT TO FEBRUARY 13. 2001 AGREEMENT CO1-02-273 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 LEB DEMOLITION & CONSULTING CONTRACTORS, INC., their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on February 13, 2001, the parties entered into an agreement, hereinafter referred to as the "Agreement" for debris removal; and, WHEREAS, the Federal Highway Administration ("FHWS") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Agreement to incorporate these new FHWS requirements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 12 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any terms or conditions of this Agreement conflict with the FHWA requirements, the FHWA requirements shall prevail. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: LEB DEMOLITION & CONSULTING CONTRACTORS, INC. BY: NAME: TITLE: -1- FIRST AMENDMENT TO FEBRUARY 6. 2001 AGREEMENT CO1-02-270 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 GRUBBS CONSTRUCTION COMPANY, their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on February 6, 2001, the parties entered into an agreement, hereinafter referred to as the "Agreement" for debris removal; and, WHEREAS, the Federal Highway Administration ("FHWS") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Agreement to incorporate these new FHWS requirements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 12 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any ternis or conditions of this Agreement conflict with the FHWA requirements, the FHWA requirements shall prevail. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: GRUBBS CONSTRUCTION COMPANY BY: NAME: TITLE: -1- FIRST AMENDMENT TO FEBRUARY 6.2001 AGREEMENT CO1-02-269 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 CROWDER/GULF JOINT VENTURE, their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on February 6, 2001, the parties entered into an agreement, hereinafter referred to as the "Agreement" for debris removal; and, WHEREAS, the Federal Highway Administration ("FHWS") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Agreement to incorporate these new FHW S requirements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 12 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any terms or conditions of this Agreement conflict with the FHWA requirements, the FHWA requirements shall prevail. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: CROWDER/GULF JOINT VENTURE - BY: NAME: TITLE: -1- FIRST AMENDMENT TO FEBRUARY 13. 2001 AGREEMENT CO1-02-272 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 DRC, INC., their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on February 13, 2001, the parties entered into an agreement, hereinafter referred to as the "Agreement" for debris removal; and, WHEREAS, the Federal Highway Administration ("FHWS") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Agreement to incorporate these new FHWS requirements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 12 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any terms or conditions of this Agreement conflict with the FHWA requirements, the FHWA requirements shall prevail. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: DRC, INC BY: NAME: TITLE: -1- SECOND AMENDMENT TO OCTOBER 10, 2006 AGREEMENT C06-10-823 THIS SECOND 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 BECK DISASTER RECOVERY, INC., their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on October 10, 200, the parties entered into an agreement, hereinafter referred to as the "Agreement" for disaster debris monitoring management and consulting services; and, WHEREAS, on October 14, 2008, parties agreed to extend the Agreement; and, WHEREAS, the Federal Highway Administration ("FHWS") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Agreement to incorporate these new FHWS requirements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 14 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any terms or conditions of this Agreement conflict with the FHWA requirements, the FHWA requirements shall prevail. 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 Second Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: BECK DISASTER RECOVERY, INC. BY: NAME: TITLE: -1- SECOND AMENDMENT TO OCTOBER 10, 2006 AGREEMENT C06-10-669 THIS SECOND 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 PATTON HARRIS RUST & ASSOCIATES, their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on October 10, 200, the parties entered into an agreement, hereinafter referred to as the "Agreement" for disaster debris monitoring management and consulting services; and, WHEREAS, on October 14, 2008, parties agreed to extend the Agreement; and, WHEREAS, the Federal Highway Administration ("FHWS") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Agreement to incorporate these new FHWS requirements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 14 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any terms or conditions of this Agreement conflict with the FHWA requirements, the FHWA requirements shall prevail. 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 Second Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA - BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: PATTON HARRIS RUST & ASSOCIATES BY: NAME: TITLE: -1- SECOND AMENDMENT TO OCTOBER 10, 2006 AGREEMENT C06-10-668 THIS SECOND 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 SOLID RESOURCES, INC., their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on October 10, 200, the parties entered into an agreement, hereinafter referred to as the "Agreement" for disaster debris monitoring management and consulting services; and, WHEREAS, on October 14, 2008, parties agreed to extend the Agreement; and, WHEREAS, the Federal Highway Administration ("FHWS") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Agreement to incorporate these new FHWS requirements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 14 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any terms or conditions of this Agreement conflict with the FHWA requirements, the FHWA requirements shall prevail. 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 Second Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: SOLID RESOURCES, INC. BY: NAME: TITLE: -1- AGENDA REQUEST ITEM N0. VI-B4 ~ _ - DATE: September 22, 2009 ~ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-230 - Amending the Articles of Incorporation for the Treasure Coast Local Council of Local Governments BACKGROUND: Commissioner Craft has requested that this Board draft a resolution amending the Articles of Incorporation for the Treasure Coast Local Council of Local Governments to add St. Lucie County School Board Officials as members. The attached Resolution No. 09-230 has been drafted for that purpose. RECOMMENDATION/ CONCLUSION Staff recommends that the Board adopt the attached Resolution No. 09-230 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: ~Q APPROVED [ ] DENIED [ ]OTHER: ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals r4~ [X] County Attorney: Daniel S. McIntyre RESOLUTION 09-230 A JOINT RESOLUTION BY AND BETWEEN THE CITY OF FORT PIERCE, THE CITY OF PORT ST. LUCIE, THE CITY OF STUART, THE CITY OF FELLSMERE, THE CITY OF VERO BEACH, THE CITY OF SEBASTIAN, THE CITY OF OKEECHOBEE, THE TOWN OF SEWALL'S POINT, THE TOWN OF INDIAN RIVER SHORES, THE TOWN OF JUPITER ISLAND, THE TOWN OF ST. LUCIE VILLAGE, FLORIDA MUNICIPAL CORPORATIONS; INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY AND ST. LUCIE COUNTY, POLITICAL SUBDIVISIONS OF THE STATE OF FLORIDA; THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY, MARTIN COUNTY SCHOOL DISTRICT, OKEECHOBEE COUNTY SCHOOLS AND ST. LUCIE COUNTY SCHOOL BOARD, AMENDING RESOLUTION 03-126; AMENDING THE ARTICLES OF INCORPORATION FOR THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS, INC. WHEREAS, the residents of the area surrounding and proximate to the Treasure Coast are served by separate governmental entities (collectively "Governments"); and, WHEREAS, the Governments incorporated the Treasure Coast Council of Local Governments, Inc. on May 13th, 2003; and, WHEREAS, the Governments have many interrelating problems and needs which would best be resolved on a cooperative community basis, rather than separate action, thus reducing duplication of costs and services; and, WHEREAS, Section 163.02, Florida Statutes, provides for the creation of voluntary councils of local county and municipal public officials for the cooperative resolution of area and community problems; and, WHEREAS, the Governments now desire to amend their articles of incorporation to include the School Boards of Indian River, Martin, Okeechobee and St. Lucie Counties. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, the Board of County Commissioners of Martin County, the Board of County Commissioners of St. Lucie County, and the Board of County Commissioners of Okeechobee County, the City Commission of Fort Pierce, the City Commission of Okeechobee, the City Commission of Port St. Lucie, the City Commission of Stuart, the City Commission of Vero Beach, the City Commission of Sebastian, the City Commission of Fellsmere, the Town Council of the Town of St. Lucie Village, the Town Council of Sewall's Point, the Town Council of Indian River Shores, and the Town Council of Jupiter Island, the School District of Indian River County, Martin County School District, Okeechobee County Schools, and the St. Lucie County Board, that: Section 1. Amendment The Articles of Incorporation shall be amended as set forth in Exhibit "A", which is attached hereto. Section 2. Previous Resolutions Adoption and execution of this Resolution shall supersede, and thereby incorporate herein, any and all prior resolutions entered into by the Incorporators for the purpose of establishing and operating the Treasure Coast Council of Local Governments, Inc. formerly know as Tri-County Council of Local Governments. Section 3. Effective Date This Resolution shall become effective upon passage by each of the parties herein provided. PASSED AND DULY ADOPTED this day of , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. lUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS By: COUNTY ATTORNEY ARTICLES OF AMENDMENT TO ARTICLES OF INCORPORATION OF TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS, INC. (Present Name) N03000009730 (Document Number of Incorporation) Pursuant to the provisions of Section 617.1006, Florida Statutes, the undersigned Florida nonprofit corporation adopts the following Articles of Amendment to its Articles of Incorporation. FIRST: Amendment adopted: ARTICLE VIII, MEMBERS is hereby amended to read as follows: The Corporation shall have two sets of members: the Council and the General Assembly. The Counci I shall constitute the Board of Directors and shall be made up of an appointed representative from each member local government. Any qualifications to be n member of the Council shall be set forth in the By-Laws. The second set of members shall be the General Assembly. The General Assembly shall be made up of the elected city, town, county and school board officials from the local governments whom, now or in the future, are accepted as members of the Corporation. Any qualifications to be a member of the General Assembly shall be set forth in the By-Laws. SECOND: The dote of adoption of the amendment was , 2009. THIRD: Adoption of the Amendment (check one) ? The amendment was adopted by the members and the number of votes cast for the amendment was sufficient for approval. ? There are no members or members entitled to vote on the amendment. The amendment was adopted by the board of directors. Signature of Chair, Vice Chair, President or other Officer Typed or Printed Nnme Title Date EXHIBIT "A" 1? 6 - " _ ° ~ AGENDA REQUEST ITEM NO. VI-85 ® DATE: September 22, 2009 - ~ ® ~ REGULAR [ J ~z~t PUBLIC HEARING Leg. [ ]Quasi-JD [ J CONSENT [X] TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Summer Wind G&G/Aqua III, LLC Conservation Easement -Resolution No. 09-273 BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 8, 2009 - GM-09-002 -Growth Management Director granted Minor Site Plan approval. RECOMMENDATION: Staff recommends that the Board accept the Conservation Easement, authorize the Chair to sign Resolution No. 09-273 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [ ]DENIED [ ]OTHER ~ Approved 5-0 Fnye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: (]Road and Bridge: p Daniel 5. McIntyre [ ] ublic Works: [x] Originating Dept: (]Mosquito Control [ ]Environmental: JoAnn Riley 5:\ACQ\WP\Conservntion Easements\Summer Wind\Agenda Request.wpd PROPERTY ACQUISITION DIVISION ' MEMORANDUM TO. Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 22, 2009 SUBJECT: Summer Wind G&G/Aqua III, LLC Conservation Easement -Resolution No. 09-273 BACKGROUND: On June 8, 2009, the Growth Management Director approved GM-09-002 granting Minor Site Plan approval subject to conditions. Condition Number it states, within 90 days of site plan approval the applicant shall provide the required executed Conservation Easement and Preserve Aren Monitoring and Management Plan. We have attached the Conservation Easement executed by G&G/Aqua III, LLC along with the Preserve Area Management and Monitoring Plan, for your review and acceptance. We have also attached a Companion Report from the Environmental Resources Department. RECOMMENDATION: Staff recommends that the Board accept the Conservation Easement, authorize the Chair to sign Resolution No. 09-273 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, \J Ann Riley Property Acquisition Manager 5;\ACQ\WP\Conservation Easements\Summer Wind\Agenda Memo.wpd ~ _ - = ~ Environmental Resources • Department Agenda Item Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Resources Department DATE: September 4, 2009 SUBJECT: Conservation Easement -Resolution No. 09-273 Summer Wind G&G/Aqua III, LLC Background The Property Acquisition Division requested Environmental Resources Department (ERD) input on the applicant's request for acceptance of their proposed Conservation Easement. ERD coordinated with Legal, Property Acquisitions, and the County Surveyor in our review. Findings ERD finds the Conservation Easement and associated Preserve Area Monitoring and Management Plan to be acceptable. Recommendations Board acceptance of the Conservation Easement Resolution 09-273. S~ nature I t` _ _ ~ 1 t t 1 S~ 1r t Y~ ,`l x 1 ~ ~1 ~1 11 _ 11 ~ 'k 1 1 - - ` ubject 1 i'' ~k t, 1 - - _ _ _ r r- i - p ~ T - ~ ~ A - ~ i t~ - _ i ~ 9 - Z Z _ _ - - - - - ~ ~ ~ ~ yw - - - - AN ESTATES DR _ 1' _ OCE i O _ ~ _ N .C 9 ~ +d r. r t .i s _ r~ 1 N~ , ~ e~'.L -~~s Y. i \ L3.c fem.-.~',.' AF 'Y f - } ~ ~ f.. K 'v b£ 1 n y4 r 4`iz"'4~'~•~J • A F a 'Y'f~~ ~ •tY g~r~ ~ rti~ a ~~x s ~i ~ - ~ dt k - ` 1` - i - _ - _ _ . P - _ - _ 4 i _ _ _ +r _ ` ` ~ _ ; - - - ' 4 s _ - - , ~ - _ . ~ r . w ! 1~ - ~ ~ _ r ~'t .i 4 Y - y 4~w ~z gGk - ~ - ~ r . 1 i ~ r y k: ~ ~ ~ t _ ~ t.. ~ ~ ~ _ .r V ~ E. y - ~ y P ~ , .L ~ _ `~1 ~ h t ~ y L _ ` _ ~ c1 _ ,1 _ _ ~J~ ~ ~ ~ r Record and Return to: " Ralph L. Evans, Esquire Stewart, Evans, Stewart & Emmons 33» Ocean Drive Vero Beach, Florida 32963 SAINT LUCIE COUNTY DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this day of ' mix, {-:2009, by G&G/Aqua III, LLC ("Grantor") whose mailing address is 8756 Lewinsville Road, McLean Virginia 22102, to St. Lucie County, a political subdivision of the State of Florida ("Grantee") having an address of 2300 Virginia Avenue, Fort Pierce, FL 34982. As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Conservation Area" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of certain lands situated in St. Lucie County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, the Grantor is proposing the development of Summer Wind ("Project") on the Property, which ~is subject to the regulatory jurisdiction of the St. Lucie County Board of County Commissioners ("County"); and WHEREAS, the Property will be further subject to the Declaration of Covenants, Conditions and Restrictions of Summer Wind to be recorded in the Official Public Records of St. Lucie County, Florida ("Declaration"); and WHEREAS, the County approved the Minor Site Plan for the Project pursuant to GM Order #09-002 ("Resolution"); and WHEREAS, the Resolution requires that Summer Wind Owners Association, Inc., a Florida not-for-profit corporation ("Association") maintain, in perpetuity, those portions of the property designated as Upland Preserve more particularly described in Exhibit "B", Dune Preserve, more particularly described in Exhibit "C", and Beach Preserve, more particularly described in Exhibit "D", all of which comprise the ("Conservation Area"), and said exhibits are incorporated herein by reference under Exhibit "E"; and WHEREAS, the Declaration provides that the maintenance of the Conservation Area is the perpetual obligation of the Association; and WHEREAS, the Resolution further requires that the Conservation Area be maintained in accordance with that certain Preserve Area Management and Monitoring Plan ("PAMMP"), more particularly described in Exhibit "F"; and WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the Conservation Area. NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the Conservation Area which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement shall be maintained in the conditions required by the PAMMP. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Conservation Area at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor and/or the future residents of the Property at the time of such entry; and b. To enjoin any activity on or use of the Conservation Area that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may be damaged by any inconsistent activity or use; and c. To enter upon the property of the Grantor to connect the Conservation Area to a bona fide system of trails, greenways or other non-vehicular system. 3. Prohibited Uses. Except for exotic vegetation removal, replanting with appropriate native vegetation, vine control, removal of trash and debris or other maintenance and monitoring activities described herein that are permitted or required by the Resolution or the PAMMP, the following activities are prohibited in or on the Conservation Area: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with the PAMMP; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; 2 e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing. 4. Grantor's Reserved RiEhts. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Conservation Area that are not prohibited herein and which are not inconsistent with any County rule, criteria, permit and the intent and purposes of this Conservation Easement. 5. No Dedication. No. right of access by the general public to any portion of the Property or the Conservation Area is conveyed by this Conservation Easement, except as provided in Paragraph 2(c), above. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Conservation Area. 7. Acts Beyond Grantor's Control. Nothing contained in this instrument shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in any portion of the Property other than Conservation Areas that result from natural causes beyond Grantor's control, and not initiated by the Grantor, including but not limited to fire, flood, storm and earth movement. Should any Conservation Area be injured or changed from natural causes, including but not limited to fire, flood, storm and earth movement, the Grantor shall be provided notice and a reasonable opportunity to restore the .affected Conservation Area to a condition that satisfies the PAMMP requirements prior to the Grantee bringing any action for noncompliance with the Resolution or the PAMMP. 8. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Conservation Area current and shall not allow any lien on the Conservation Area superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Conservation Area which shall automatically relate back to the recording date of this Easement. Grantee may foreclose this lien on the Conservation Area in the manner provided for mortgages on real property. 9. Enforcement by Grantee. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor or the Association, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 10. Enforcement by Association. The Association shall take private enforcement action against any member of the Association who violates the rules relating to the use and maintenance of 3 the Conservation Area as set forth in the PAMMP or in the Declaration of Covenants, Conditions and Restrictions appurtenant to the Project. 11. Maintenance ObliEations of Association. The Association shall maintain in perpetuity, the Conservation Area in accordance with the PAMMP. Such maintenance shall include, but is not limited to, exotic vegetation removal, replanting with appropriate native vegetation, vine control, and removal of trash and debris. The maintenance schedule should be so as to keep the Conservation Area ecologically functional and high quality, as well as a minimum 90% free of exotic vegetation. 12. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 13. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 14. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 15. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 16. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in- interest, which shall be filed in the public records in St. Lucie County. 17. Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange or voluntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Florida law at the time, in accordance with paragraph 18. Grantor believes that any changes in the use of neighboring properties will increase the benefit to the public of the continuation of this Easement, and Grantor and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor to conduct or implement any or all of the uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. 18. Proceeds. This Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of paragraph 17, the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of 4 the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that it herby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. j~ IN WI SS WHEREOF, G&G/Aqua III, LLC has hereunto set its authorized hand this day of 2009. Signed, sealed and delivered G&G/Aqua III, LLC in our pres nce as witnesses: . . Printed Vie: t S ~`21 ~ LS Its:~~d~Qcni ~ ~ I~" t~ f I~cTKt t y r~IT ' ~vv~. 1 / rinte Name: >'O 1 ~~ti aQ11riG r v STATE OF-~,$I~B~, ~ 1ZC~-?h:`~"~' COUNTY OF ~ig'1 ~ F/~-X I~~ ~Th~ oregoing instrument was acknowledged before this d ~ day ofJ~~~` , 2009, by as Qty of G&G/Aqua III, LL , on rts behalf, who is ~rsonall known to me, . _ i, ~ Notary Public, State of~ler~a r1% ES p My Commission Expires: W. ~Q-~ •'•NOTARY ~C~ Z PUBLIC r U ; REG # 364995 • r n MY COMMISSION j a ~ ~ EXPIRES 2~. 03/31113 C~ 5 MORTGAGEE JOINDER, CONSENT AND SUBORDINATION For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, G&G, LLC, a Virginia limited liability company ("Mortgagee"), the owner and holder that certain PURCHASE MONEY, CREDIT LINE MORTGAGE AND SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS Loan No. 986 ("Mortgage") recorded July 20, 2005, securing in the original principal amount of $6,000,000 given by G&G, LLC encumbering the real property described on Exhibit "A" attached hereto ("Property"), which is recorded in Official Records Book 2307, at Page 2989, hereby joins in, consents to and subordinates the lien of its Mortgage, as it has been, and as it may be, modified, amended and assigned from time to time, to the foregoing Conservation Easement, executed by G&G/Aqua III, LLC, in favor of St. Lucie County applicable to the Property ("Easement"), as said Easement may be modified, amended and assigned from time to time, with the intent that .the Mortgage shall be subject and subordinate to the Easement. IN WITNESS W REOF, this Mortgagee Joinder, Consent and Subordination is made this day o ?009. Vii s s: Mortgagee: 1 ~ ~ ~ G&G, LLC ~,Prin~e~ Name: ~ ~ i tD~'?el,e S a Virginia limited liability company Y 1, t By: ~\n 1 Printe ame: i J fifer Con ' ,Portfolio Manager State of " J2 ~ h`t County of ~ G~-'/,~ ~~X ~ ' The foregoing instrument was acknowledged before me this ? day oI~ . z~2009, by Jennifer Conenn as Portfolio Manager of G&G, LLC on`.iFts b4ehalf, o i person; own to me, owe-lam-. jn.-e~'~d~~e~- Sl C 1!'~an'~YY~+'a.Tl I r. 4 ~f ~ Nota ~ 4'~tic-<--~ [NOTARIAL SE~,~ Print ame: C h ~-l~t,l~; ?ZC~= u-- ~~``~~s'W p~ s,~~ Notary Public, State of-~l~da i.'= /ZC~-rn-~ . ~Q My commission expires: I?'1 i1-~~ ~ % ! 3 • ~•••NOTARY Z~ • PUBLIC ~ s U REG # 364995 s ~ ~ MY COMMISSION EXPIRES Z 03/31113 ~ C~ '`'FA LTH C a~~~~` 6 '•~~•~~~~a~s EXHIBIT "A" B ST._~ S STIULEMt3ALE !~D - ~ -R- - ~ : ~ ~ - ~4TN_STREEL w gTH_,c _ I Iz-c+ 44~` ~ - jHi - ~ m 2`~ 1~, i ~ z ~ _ 1 z m -~_tu~. ri ~ _ OSLO ~Ot~C} ~v ~ x' ~ i~ ~ y - ` ,d. > ~ ~y . _ ~ ti j ~ O 'i"~ e ~?,r m a~ ~ ~ uJ' tv ~ { tr• ~ir~cFi~ ~a s~ ~~iriaR~fl SAO _ ~ 1 ~ ~ - - w' w - ST LUCIE BL'.r" • ~ ~ ~ ~ x ~ ~ m y~ - ~ . ~.raLE RflA.Ls ~-r. - I r_ N ~ i r"_ PIC~n l~a.~~' ~ ~ ; to ~ - o ~a JRfi CJJA~. s ~ ~ z^" ~ s V 1=C5Wf4t~5. t7s~G 73 r ~a 1 ~ b.~ Q ~ r' r i ~ i LEGAL DESCRIPTION THE S?UTH 150 FEET ?F THE N?RTH 450 FEET ?F G?VERNMENT L?T 4 LYING EAST ?F FL?RIDA STATE RDAD A-1-A, SECTION 3, T?WNSHIP 34 S?UTH, RANGE 40 EAST, T?GETHER WITH ALL LITT?RAL RIGHTS THEREUNT? APPEARING. DATE: 8//27/2009 KNIGHT, McGUIRE & ASSOCIATES, INC. SITE LOCATION & CONSULTING ENGINEERS AND PLANNERS LEGAL DESCRIPTION 80 ROYAL PALM POINTE, SUITE 401 VERO BEACH, FL 32960 PHONE: (772) 569-5505 FAX: (772) 569-1455 E-MAIL: Civil@KnightMcGuire.com CERTIFICATE OF AUTHORIZATION NUMBER -00006335 EXHIBIT "B" UPLAND PRESERVE \ GOVERNMENT LOT 4 2 SECTION 3-34-40 ~ G INTERSECTION OF THE EASTERLY RIGHT-OF-WAY 'n 1~ DNE OF STATE ROAD A-1-A AND THE NORTH i (n DNE OF THE SOUTH 150 FEET aF THE NORTH ~ Z~ 450 FEET OF GOVERNMENT LOT 4, IN SECTION L Q TOWNSHIP 34 SOUTH AND RANGE 40 EAST. LI N 89'1 8'51 "E 277.92' i ~ /PL N PR E ~ <.08~ JC, NOT TO SCALE U'~ S 89//'18'51 "W \ 277.05 \ ~ INE BEARING DISTgNCE ° ~ ~ ti ~ ~p L1 N,89°18'51"E. 15,84' p ~ ~ Q, o\~ 2 S.15°37'59"E. 12,42' ~a ~ ~ ",o 0 2 3 N.19°24'38"W. 12,67' ~ N~ ~\a m\~^, L N,89°18'S1'E, 15,84' m ~ o m ? o L N,15°37'59"W. 10,34' ~ 9 ~ ° ° ` L S,19°24'38'E. 10.56' ~ NCn N O\~p v~ ~ ~ r ~ S 89'18'51 "W \ 267.84'lt 1 PAN PR ERV~ (0%6 AC) ~J U` N 89'18'51 'E /1! 267.12' \ COASTAL CONSTRUCTION ~ ~ COASTAL CONSTRUCTION CONTROL LINE - 1988 GOVERNMENT LOT 4 CONTROL LINE - 1978 PLAT BOOK 26, PAGE 26, SECTION 3-34-40 ST.LUCIEOO000NTY,AFL. 08 ST.LUCIE COUNTY, FL. THIS IS NOT A SURVEY LEGAL DESCRIPTI~N~ A P?RTION OF THE SOUTH 150 FEET ?F THE N?RTH 450 FEET ?F G?VERNMENT LOT 4, IN SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LYING EAST OF A-1-A; BEING A PROPERTY WITH PARALLEL NORTH AND SOUTH BOUNDARIES 150 FEET APART AND RUNNING FROM THE ?CEAN T? THE EASTERLY RIGHT ?F WAY LINE OF HIGHWAY A-1-A; SAID LAND LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA, M?RE PARTICULARLY DESCRIBED AS FOLLOWSI COMMENCE AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF STATE •ROAD A-1-A AS IT EXISTS ON THIS DAY OF AUGUST 27, 2008 AND THE NORTH LINE OF THE S?UTH 150 FEET OF THE NORTH 450 FEET OF GOVERNMENT LOT 4; THENCE RUN N89'18'S1'E AL?NG THE SAID N?RTH LINE ?F THE S?UTH 150 FEET OF~ THE N?RTH 450 FEET OF G?VERNMENT L?T 4 A DISTANCE ?F 15.84 FEET TO THE PRINT OF BEGINNING #1; THENCE CONTINUE N89'18'S1'E AL?NG THE SAID NORTH LINE ?F THE SOUTH 150 FEET OF THE N?RTH 450 FEET ?F G?VERNMENT LOT 4 A DISTANCE OF 277,92 FEET TO INTERSECT WITH THE 1978 C?ASTAL CONSTRUCTION C?NTROL LINE AS DESCRIBED IN PLAT BOOK 19 ?N PAGE 8 ?F ST, LUCIE C?UNTY; THENCE RUN ALONG SAID 1978 COASTAL CONSTRUCTION LINE S15'37'S9'E A DISTANCE ?F 12.42 FEET, THENCE RUN S89'18'S1'W A DISTANCE OF 277.05 FEET, THENCE RUN N19'24'38'W A DISTANCE OF 12,67 FEET T? THE P?INT OF BEGINNING #1. ALS? INCLUDING A SECOND PARCEL MORE PARTICULARLY DESCRIBED AS FOLL?WSI COMMENCE AT THE INTERSECTION ?F THE EASTERLY RIGHT-?F-WAY LINE ?F STATE ROAD A-1-A AS IT EXISTS ON THIS DAY OF AUGUST 27, 2008 AND THE N?RTH LINE OF THE S?UTH 150 FEET OF THE NORTH 450 FEET ?F GOVERNMENT LOT 4; THENCE RUN S19'24'38E' ALONG THE EAST RIGHT-OF-WAY LINE ?F STATE R?AD A-1-A A DISTANCE OF 158,38 FEET; THENCE RUN N89'18'S1'E A DISTANCE OF 15,84 FEET THE POINT OF BEGINNING #2. THENCE, RUN N89'18'S1'E A DISTANCE OF 267,12 FEET TD INTERSECT WITH THE 1978 C?ASTAL CONSTRUCTION CONTROL LINE AS DESCRIBED IN PLAT B?OK 19 ?N PAGE 8 OF ST. LUCIE C?UNTY; THENCE RUN ALONG SAID 1978 COASTAL CONSTRUCTION CONTROL LINE N15'37'S9'W A DISTANCE OF 10,34 FEET; THENCE RUN S89'18'S1'W A DISTANCE OF 267,84 FEET; THENCE RUN Si9'24'38'E A DISTANCE OF 10,56 FEET TO THE POINT OF BEGINNING #2. SAiD PRESERVE AREAS C?NTAIN A TOTAL OF 0,14 Ac, MORE ?R LESS, SKETCH OF UPLAND PRESERVE AND LEGAL DESCRIPTION DWN. BY: A.G.S. WITH NOT VALID WITHOUT THE SIGNATURE AND THE ORIGWAL R.4ISIiU ~ ~ ~ PRICE KNIGHT, ~ICGUIRE & SEAL OFTHF. FLORIDA LICENSED SUR\'G:YOR AND \(API't:R:\':~.111;D BtCLU~1 PRGFESSIONAL LAND SURVEYING, LLC. AssoclATES, mc. 1.-! GEORGE STREET SEBASTIAN, FL. 32958 VERO BEACH, FL. 1 CKD. BY: J.R.P. Q ~ pp I'!:ON'E: (772) 589-2746 FAY: (772) 589-2748 DATE: 8/28!09 EMAIL: jpricepls@bellsouth.net NOT TO SCALE J ICE LS # 6356 EXHIBIT "C" DUNE PRESERVE AREA INTERSECTION OF THE EASTERLY RIGHT-OF-WAY UNE OF STATE ROAD A-1-A AND THE NORTH UNE OF THE SOUTH 150 FEET OF THE NORTH ` 4s0 FEET OF GOVERNMENT LOT 4, IN SECTION 3, TOWNSHIP 34 SOUTH AND RANGE 40 EAST. NOT TO SCALE N 89'18'51 "E 293.76' N 89'18'51"E sa.s~• ~ , Z~ y Z ~ o W. Z cP ; ~ Q ~ ? THIS I S NO T A S UR VEY ~ POEBEACE - o 2 ~ r~ z Q- ~ i COASTAL CONSTRUCTION ~ CONTROL LINE - 1978 PLAT BOOK 19, PAGE 08, ST.LUCIE COUNTY, FL. i i LEGAL DESCRIPTION; A PORTION ?F THE SOUTH 150 FEET ?F THE NORTH 450 FEET ?F GOVERNMENT LOT 4, IN SECTION 3, T?WNSHIP 34 SOUTH, RANGE 40 EAST, LYING EAST ?F A-1-A; BEING A PROPERTY WITH PARALLEL N?RTH AND SOUTH B?UNDARIES 150 FEET APART AND RUNNING FR?M THE ?CEAN T? THE EASTERLY RIGHT ?F WAY LINE ?F HIGHWAY I A-1-A; SAID LAND LYING AND BEING IN ST. LUCIE COUNTY, FL?RIDA• M?RE PARTICULARLY DESCRIBED AS FDLL?WS~ COMMENCE AT THE INTERSECTI?N OF THE EASTERLY RIGHT-?F-WAY LINE ?F STATE ROAD A-1-A AS IT EXIST ?N THIS DAY ?F AUGUST 27, 2008 AND THE NORTH LINE ?F THE SOUTH 150 FEET ?F THE NORTH 450 FEET ?F i G?VERNMENT L?T 4; THENCE RUN N89'18'S1'E AL?NG SAID N?RTH LINE ?F THE S?UTH 150 FEET ?F THE NORTH 450 FEET OF G?VERNMENT L?T 4 A DISTANCE OF 293.76 FEET TO THE INTERSECTI?N WITH THE 1978 C?ASTAL C?NSTRUCTI?N C?NTROL LINE AS DESCRIBED IN PLAT B??K 19 ON PAGE 8 ?F ST. LUCIE C?UNTY, AND BEING THE POINT ?F BEGINNING; THENCE CONTINUE N89'18'S1'E AL?NG THE SAID N?RTH LINE ?F THE S?UTH 150 FEET ?F THE N?RTH 450 FEET 'I ?F GOVERNMENT L?T 4 A DISTANCE ?F 50,57 FEET; THENCE RUN S15'43'03'E A DISTANCE ?F 77.24 FEET; ~ THENCE RUN S19'05'15'E A DISTANCE ?F 79,47 FEET; THENCE RUN S89'18'S1'W A DISTANCE ?F 55.64 FEET T? INTERSECT WITH THE 1978 C?ASTAL C?NTR?L LINE AS DESCRIBED IN PLAT B??K 19 ?N PAGE 8 ?F ST. LUCIE COUNTY; THENCE RUN ALONG SAID C?ASTAL CONSTRUCTION CONTROL LINE N15'37'S9'W A DISTANCE ?F 155.26 FEET T? THE POINT ?F BEGINNING. SAID PRESERVE AREA C?NTAINS 0.18 Ac. MORE ?R LESS, SKETCH OF DUNE PRESERVE AREA & LEGAL DESCRIPTION JAY R. PRICE DWN. BY: A.G.S. WITH NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED KNIGHT, McGUIRE $ SEAL OF THE LICENSED SiJRV'EYOR AND b1AYPER NAMED BEL011' PROFESSIONAL LAND SURVEYING LLC. ASSOCIATES, INC. ~ VERO BEACH, FL. 1241 GEORGE STREET SEBASTIAN, FL. 32958 CKD. BY: J.R.P. . ~ PHONE: (77Z) 589-2746 FAX: (772) 589-2748 DATE: 8/28/09 r EMAIL: jpricepls@bellsouth.net NOT TO SCALE Y .PRICE 9 LS# 6386 EXHIBIT "D" BEACH PRESERVE AREA E ~.o.~. WTQtSECTON OF TIE EASTERLY RICHT-OF-WAY LWE OE $TAIE ROAD A-1-A AND THE NORTI LWE CF THE SW TI ISO FEET OF TIE NORT1 X50 FEET OF GO~ERNUEHT LOT W SECTON 1, TONWSHIR 14 SOJ Ti AND RANCE {0 EAST. NOT TO SCALE F+.O.~. N 89'18'51"E 344.33 N89'18'S1"E 706.95' Z ~ ~ ' T a U. .~O' ~ O O . O O. (`L~~ n 7 w . ~ rZ ~ ~ ~ ~ ~ ~O y~ 7Z 7~Z ~ Gy 1'' ~ . ' BEACH ~Z ~ Z ~ OZ > ~ PRESERVE ~,o :~5 ~ ~ ~ (0.38 AC) o o ~ :Z 9Z~ a rn"~~ r0 \ ~ ~ ~ \T_~ t 4 . lr 1 ~ ~ ~ ~ 01 1 Z •.'589'18'51°W 710.02' ~ ~A `D Z r. ~ w 9 ` ~ 9~ THIS I S NO T A S UR VEY LEGAL DESCRIPTI~N~ A P?RTI?N ?F THE SOUTH 150 FEET OF THE N?RTH 450 FEET ?F GOVERNMENT LOT 4, IN SECTI?N 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LYING EAST ?F A-1-A; BEING A PR?PERTY WITH PARALLEL N?RTH AND SOUTH B?UNDARIES 150 FEET APART AND RUNNING FR?M THE OCEAN T? THE EASTERLY RIGHT ?F WAY LINE OF HIGHWAY A-1-A; SAID LAND LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS F?LL?WS~ COMMENCE AT THE INTERSECTI?N ?F THE EASTERLY RIGHT-?F-WAY LINE ?F STATE R?AD A-1-A AS IT EXIST ?N THIS DAY ?F AUGUST 27, 2008 AND THE N?RTH LINE ?F THE SOUTH 150 FEET ?F THE N?RTH 450 FEET ?F GOVERNMENT LOT 4; THENCE RUN N89'18'S1'E AL?NG THE SAID N?RTH LINE ?F THE SOUTH 150 FEET ?F THE N?RTH 450 FEET ?F GOVERNMENT L?T 4 A DISTANCE OF 344,33 FEET TO THE POINT ?F BEGINNINGS THENCE C?NTINUE ?N SAID N?RTH LINE N89'18'S1'E A DISTANCE ?F 106,95 FEET T? THE PRINT ?F INTERSECTI?N WITH THE MEAN HIGH WATER LINE ?F THE ATLANTIC OCEAN AS ESTABLISHED BY DAVID J?NES SURVEY?R ?N MARCH 16, 2007, THENCE RUN AL?NG SAID MEAN HIGH WATER LINE S19'04'S0'E A DISTANCE ?F 79.90 FEETJ THENCE RUN S17'S3'29'E ALONG SAID MEAN HIGH WATER LINE A DISTANCE ?F 77.66 FEET; TU INTERSECTI?N ?F THE SOUTH LINE OF THE S?UTH 150 FEET ?F THE N?RTH 450 FEET ?F G?VERNMENT L(JT 4; THENCE RUN S89'18'S1'W ALONG SAID S?UTH LINE A DISTANCE ?F 110.02 FEETJ THENCE RUN N19'05'15'W A D?STANCE OF 79,47 FEET; THENCE RUN N15'43'03'W A DISTANCE ?F 7Z,24 FEET T? THE P?INT ?F BEGINNING. SAID PRESERVE AREA CONTAINS 0.38 Ac. M?RE DR LESS. SKETCH OF BEACH PRESERVE AREA & LEGAL DESCRIPTION ' ' ' R. PRICE D1VN. BY: A.G.S. WITH NOT VALID WITHOUT THE SICNATIJRE AND THE ORIGINAL RAISED KNIGHT, McGUIRE & SEAL OF THE LICENSED SUR1'EYOR AND MAPPER NAbIED BELOW ASSOCIATES, INC. F~ ;~~'ESSIONAL LAND SURVEYING, LLC. vERO BEACx, FL. I_=1 I~EORGE STREET SEBASTIAN, FL. 32958 CKD. BY: J.R.P. ~ ~ D~ PHOV~~: (772) 589-2746 FAX: (772) 589-2748 DATE: 8/28/09 , PRICE L~~ 63b6 EMAIL: jpricepls@bellsouth.net NOT TO SCALE O N \ ~ \ S~P~PN T F p G WP~R ~~f END W ~ EPN N~GN 9p N~6 pl 1,53 29 E m ~ M N 3 ~ s L~ E`EV PS ~ SEp p ~ 5 .11,66. z Lp ~ - Z op' E ~ ° U ~ J CI~ 5 ~9'9. ' . m ~ ~ y Q ~ o~° U ~ ~GN W PiF EAR ' U rn ~ ~ z . c~ N VD. ~ a'E' ~~a ' SE,PSpEJy~ 1 'NG 6..01'5 1859 0 ' . ~ I a ~ Gzl Z < O ~ ~~NE E~p,ZEd p3~. 19;Z ~ Zwm~ w> << ~ LQ N ~UJY~ Q y ~ U I""I Q ^ S ~ 61 65~ . ' W N cD . . 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THE EASTERLY RIGHT OF WAY LINE ?F HIGHWAY A-1-A; SAID LAND LYING AND BEING IN ST. LUCIE COUNTY, FL?RIDA. M?RE PARTICULARLY DESCRIBED AS FOLL?WS~ C?MMENCING AT THE INTERSECTI?N ?F THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD A-1-A AS IT EXIST ON THIS DAY ?F AUGUST 27, 2008 AND THE NORTH LINE OF THE SOUTH 150 FEET OF THE N?RTH 450 FEET ?F G?VERNMENT L?T 4; THENCE RUN N89°18'51"E AL?NG THE SAID N?RTH LINE ?F THE SOUTH 150 FEET OF THE NORTH 450 FEET OF GOVERNMENT LOT 4 A DISTANCE OF 15,84 FEET TO THE POINT OF BEGINNING. THENCE RUN N89°18'51"E ALONG THE SAID N?RTH LINE A DISTANCE ?F 435.44 FEET TO THE INTERSECTION ?F THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN AS ESTABLISHED BY DAVID J?NES SURVEYOR ?N MARCH 16, 2007; THENCE RUN S19°04'50"E AL?NG SAID MEAN HIGH WATER LINE A DISTANCE ?F 79,90 FEET; THENCE RUN S17°53'29"E CONTINUING AL?NG SAID MEAN HIGH WATER LINE A DISTANCE OF 77,66 FEET TO THE INTERSECTI?N ?F THE S?UTH LINE OF THE S?UTH 150 FEET ?F THE NORTH 450 FEET OF G?VERNMENT LOT 4; THENCE RUN S89°18'51"W AL?NG SAID S?UTH LINE A DISTANCE ?F 432,78 FEET; THENCE RUN N19°24'38"W A DISTANCE OF 10,56 FEET; THENCE RUN N89°18'51"E A DISTANCE OF 267,84 FEET TO THE INTERSECTION WITH THE 1978 COASTAL CONSTRUCTION ' CONTROL LINE AS DESCRIBED IN PLAT BOOK 19 ON PAGE 8 OF ST. LUCIE COUNTY; THENCE RUN N15°37'59"W AL?NG SAID 1978 C?ASTAL C?NSTRUCTION C?NTR?L LINE A DISTANCE ?F 132,48 FEET; THENCE LEAVING SAID 1978 C?ASTAL C?NSTRUCTI?N C?NTR?L LINE RUN S89°18'51"W A DISTANCE ?F 277,05 FEET; THENCE RUN N19°24'38"W A DISTANCE OF 12,67 FEET T? THE POINT OF BEGINNING. SAID ENTIRE C?NSERVATI?N AREA C?NTAINS 0.70 Ac, M?RE ?R LESS, N~TE~ BEARING BASE FOR LEGAL DESCRIPTION IS N 19° 24' 38" W ALONG THE EAST R/W ?F AlA. 1 THIS IS NOT A SURVE JAY R. PRICE NO"I' VALlll WI'1'HOU'f'I'HE SIGNATUhE .4Nll THE ORIGINAL RAISEll p SEAL OF "I'HE FLORIDA LICENSED SURVEYOR ANll MAPPER NADIEll BELOW E PROFESSIONAL LAND SURVEYING, LLC. 1241 GEORGE STREET SEBASTION, FL. 32958 Q/ ~ pQ Pi .}\E: (772) 589-2746 FAX: (772) 589-2748 E-MAIL: jpricepls@bellsouth.net A R. PRICE LS# 6386 LS # 6386 _ j 4 SUMMER WIND PROJEC'T' SITE St. Lucie Cou~~ty, Florida Preserve Area 1Vlanagement and Monitoring Plan Revised October 2008 ~repat•ed for: G and G1Agna III, LLC 8756 Lewinsville Road :McLean, VA. 22102 (703)556-9001 FA.X (703) SSG-8771 Prepared bv: R.L. \'~~eigt Ens°ironnaental Consultants, Inc. 8985 S. E. Bridge Road Suite Hobe Sound, Florida 3355 (772) SQ6-6255 FAX (?72) 5~6-2316 E-'12ai1: rI«~env~conicast.net TABLE OF CONTENTS Section Description Fade 1.00 INTRODtiCTION 2 3.00 E~;:LSTING SITE VEGETATION . 2 3.00 DEI.INE ATIO:~ OF PRESERVE AREAS . . 2 4.00 SL~2VEY REQliIR.E?~ZENTS . . 7 4.Oi Barricading Requirements . . 7 4.02 Prohibited Actin=ities 11 5.00 RESTORATION & 1IAINTENAy'~'CE ACTIVITIES . 14 >.01 Exotic Species . . . 14 5.02 Re-vegetation IS 5.03 Removal of Plailt Material . ] a 5.04 Dune Restoration . 15 5,05 Yard Drain Maintenance 16 6.00 11TISCELL,.4~NrE0iJS PROVISIONS Al'~iD RESTRICTIONS 16 6.01 Dusi 16 G.02 1\TOise 19 6.U3 Periodic C1cal~upBasic Site Restoratian 19 6.04 Cl~envcal, Fuel, and Other Hazardous'~=Iaterials 19 6.05 Construction Equipment 19 7.00 A'IONITORING AIrD riZ~INTENA.'~CE PLAN 20 7.01 Monitoring Set-up 20 7.02 Vegetation Survey . 20 7.03 Panoramic Transect and Quadrat Photographs 21 7,U4 Wildlife litiiization . . . 21 7.05 Erotic Plant Species . 21 7.06 Mo~~itoring Reports . . . . . 25 LIST OF FIGURES Figure ~ Description I'a`-'~ l oC12 Vicinity Map 3 2of L Location Map 4 3 oP l 2 Aerial Photograph . 5 RLW ~`OS-065.01 -i- fi«~:a 16 October 2005 ~ of 12 Proposed Site Plan . G of l2 Preserve Fence and Si~~l Location . . . 8 6 of12 Fend Detail 9 7 of 13 Split Rail Fence Detail . . 10 $ of l 2 Preserr•e .Area Sign Detail . 12 9 of 12 Sea Turtle Infoi~~aiion Sign . 13 l 0 of 12 Sea Oat Area Planting Play . . 17 11 of 3 2 Sea Grape Mitigation Area Planting Plan . . . l 12 of12 Monitoring Plan 22 LIST OF TABLES Table # Description Page 1 Florida Exotic Pest Plallt Council's Category I Invasive Exotic Species 23 R'0'flt: i'tlis P.eporl, together +vith the concepts and desism preserved he.~ cin, as an insirusnent o(scn~ice, is intu+dcd au?y ;oz the specitit purpose and Client ~Of 1t`171C11 it a'aS prep:uCd. RCUSC of atld 1i11pfZ~CP iCllanCC fill tli7S Ref Url N7il10Ul ~lTiilCn i:Ulht7riZaitOO arld adaptation b) 12-L. 1§'eigt Ln+~iranincntal ConsuL•ants. h+c. shall he irith~~ut tiabitity to R.L. ~1'eigt rnvimnr.~nta1 Consultants, tnc. RLVJ TM0~-4G8.01 -ii- R~+~ised 16 Qciober 2008 S~1Ml~'IER ~'VIND PRESERVE AREA MANAGEMENT AI~tD l<?'~QNIT~3R.ING PLAN (PANII~'~P) St. Lucie County, Florida 'I"ize follovz~ing Preser~`e Area'4'Ianabement and ii'Ionitarinb Plan has been prepared by R.L. ~%eigt irn~~ironzz2ental Consultants, Inc. and is being pro~-ided to St. Lncie County izz order to satisfy` the requirements set forth in Chapter 0.04.00 of the Cazznty's Land Deveiapment Code far tine Summer ~'~'znd project site. NC)'fE: '(iris Report, to~ethcr with the cant opts :end desi~*n prescrotcd herein, as an inarurunt of scrviae, is imcaded only ic~r the spexilie pu:pa::c an~i Ctient fnr which it v.:ts pre:parcd. Reuse of and improper reliance tin this lt~purt a~sthcwt written authorization and ac:aptatit~a by R.L. ~'ni~,t }'n~~ironmcntal Ctmsttltatzts, lnc, shall he ~+~ithout liabi}ity iv R.L. H`cisn Em~iromiental Consultants, inc. RL~u m0i;-068.01 Page 1 of Rr.iscd 16 Octol>ez• 2008 l.aa INTRODtiCTIQN The Sunvner Wind project site consists of approximately l .~l acres of land located east of State Road AlA (SR-AlA), west of the Atlantic Ocean, and south of Round Island State Park (Figures I through ~ of l The site is located in Section 3, Tov,=nship 34S, Range -IOE, St. Lucie County, Florida. I2.L. Weigt Environrnenta3 Consultants, Inc. (RLW) has been retained by the Applicant to prepare this Preset-~=e .Area Management and ?~gonitot~ng PIan {PA'~~~IP) for the proposed on-site uplattd pi•esen~e area, The following addresses deluteation ofthe preserve area, proltibitcd activities, and monitoring and maintenance for the proposed preserv=e area. 2.00 EXISTING SITE VEGETATI(3N )existing nati~=e rontrnunities located within the Sumner Wind project site consist of a disturbed dune con3rtiunity with associated beach leading to the Atlantic Ocean. The remainder of the site is dominated by disturbed land. Vegetation species of these communities hay=e been described in the Environmental Assessment Repot•t {EA) prepared forthe Sumtner~~Tind project attd, therefore. not included herein. 3.00 I3ELI~'EATION 4F PRESERVE AREAS for the purposes of this PAM'1gP, the Preser,~ e Area shall be defaned as Dune and Lpland Buffer Conservation Areas, as shown on the Conceptual Site Platt for the Summer Wind project prepared by Knight, I~~cGun•e and Associates, l~tc. (I;.I~~A) (FiQUre 4 of 13), A total of 0.4? acres of heath and l .09 acres of disturbed land exist o~1-site. All native upland habitat east of the old Coastal Control Construction Line (CCCL) will be prascrved to meet and exceed the ?~°lo native plant communitypresetti•erequirements ofSection 6.02.01(D), St. Lucie County LDR, and Section 6.0?.Ol Coastal Area Protection. A total of 0.0~ acres of the preserve area will be vegetated with RLW n05-065.01 Page 2 of 25 x~,n~~ l 6 October 2008 L.. ~ !:•UC1iT. YfcG1~iRC ,alb ia~UC1AY'[S.I~C. .StB (Y$~1O17f OlJ7t "T tV.~~kt.ii\t.LNiiVl;4ka ~atit, Il.t1\CW k,Y w +r .....n.~. n..w. _ r } ~ NORTH NOT TO SCALE _ 1, _ iV - ~~~rr ~ L w f ~ i 4 G r ~ N2T 33.25'i' ~ r?aund Island _ - w ~ 1 _ 'Vil'$0° 19.27 - ~ r . , _ , Wr v,w y r (lam ~ ~ iC LL r y~.... V. 4 - Slug Naie Paint - w , f j n ~ F V ~ J„~ } .r i C:. . .-~...w.~....+ , ' 41 _ _ - s : ~ 1 Y a ~ - Y _ ~,~t ~w ~ - r - , _ _ st~:=ucr.: trC.t.aR~ac Srxc~:'r nTLas tan, rY~:~.::x~ ST. i.UCIE COL""QTY SEC. T~'~'P. R. RL~V JOB ~0.: DRA~YL'~G ~A~~E: DATE ItE~75LD: FIGt;1tE: FLORIDA 3 34S 40E Ov-OtAA1 01 - ~lCl\lT1',D~i'G OC"POWER 2045 1 OF l: LATiTI'Df: ti27° 33'51' LO:~GITUllE: \'1'454° 19277' DL• SIGIED B1': FRP DiL1~Y\ 131': F12P CHEC1iED B1 I i St~11A•1ER ~1'I~~ rRFStIC~'r. At2F.4 alnti,~c~till.~'r.axU ~1v~rrouLtic cL:~~ trn:~~~rrl EV`~'iR(J~~'IEITAI, C0~5L~LT.~\TS, T~"~C. _ 5985 S.E. SRIDGIi RO.~ID, St 1TE A, IiOIIE fiOti~D, FL 33455 \'1CI:~:1T1' 11AP PilU~E: (772) 546-6259 FA.\; (772} ~•1b-23IG £-3'fAII. r!e•enrt~rnmca~t.net 'SOT A ~i:R~°[Y ' f:'+1Gfrr. ~frctnxc A:~n A,scxznres, I.nC. n,s~se.i~,,.~va.an~~pn_..+,x t, 4+ '.1 ~~t NORTH `a N01` TO SCALE tom--~ , W i` ~1 _ `R~ ~ ~ ~ ~ t 1 c ~,```a__~s f a -7 1, N27° 33.251 w Vi18a° 19.277` ~ R1R.r._ l.y~ } ~;1 r w iii W C t ~ ~ C ~9~rr x `t a `t+ < , < - w ` ~ ,tV I' i 1; S 1 i . St3t;ftC'E~ (1E1.ORl9F. STAL}.r.4TL.4s 15A, I31:L4'SF C ST. LGCIC COItiTY SrC. 'CA'M'P. R. IZLN' 30B :~0.: DRA~'f'L~G :~AMI:: DATE REVISED: FIGURE: ~ I~LOfZiDA 3 34S 40E nr068.ot 02 - LOCATIOn.D1i'G IS OCTOBER 2005 2 OF IZ _ a ' LATITI'DF: N27° 33 BSI' LO'~GITliDE:11'OSO° 19277' DESIGtED BY: FIZZ' DRAH;\ BY: FRP CHECKED BY: `is, SI;!t1:~1ER 1~'L\`ll R. 7 1 L a i'RI:SLFtA'E .AREA MAXAGF.iNk:~T .41D 11U~lTORJ~G PLAti (P:A,lIA1t') E, ~~'~ROti'1'iT'~"I'AI. CONSLI,TANTS, ~C. I.OCA'CIO\ ~1AP S9S5 S.E. ISRIDGE ROAD, SIi1TE .A, IIOBE SOI;\D, FL 33455 PHn~E: (772) 54b-6255 FA,C: {772) 536-:31G E-~1.ATL rlwenv(n~rnmcast.ne: 1;~ratT. rusulxc xrca xSSOC7x'r[S. tnc 40Q' c¢vu..zi.c c`ct~rtx~w.an vvxm 4' S~~ ]{IQ} 2~!{I1 r_ G scaLE:1„ =1aot ORTH XtYf x SGR1'EY _ 'L s Y _ < _ 4 ~ - ~ C~-. - _ _ ~ a ` ~ a - - ~ ~ u s til I i i~ K r t~ 5 c r_ `s i r: z ~ w W H - x ~ r _ SGL'RCF,~ Sf. LUCIE COU,K'fY PRCII•Eft"1'S'.4PPRxtSGRS O<a1CE, 206G.U;R]A1.I'!lOTOGR4PH ST. LliCIE COUNTY SEC. Tl\'P. R. RLN' .IOB ~0.: DRA1~"I:~G \A!?'IE; DATE RE\"lS£D: F]GL')tl:: FLORIDA 3 3a5 AOE 4~-OGS.01 03 -AFR1A1~.171YG 15 dCTOBFR 2008 3 of l2 LAT1Tl;DE: N27° 33.251' LO\G1Tl'DE: ~l'n&0° 14.377' DESIG\ED BY: PRP DRA\i'N SY: FRF GHEC1ti.ED B1 , ~ Sl M\9ER 1\'I:\D R. L. ~JEIGT PR>aS£1{\'E AREA 49A.1:~GE1lr1?:~.\I~ Alp\ITORI~C; 1'LA.1 (I'.1~1~1I~ E:~-VIl2d1`ti7E;~T.~L CO\SLZT;~.'~T:±, IBC. 2006 AL• RI:11. PiIOTOGR.IPH bli;5 S.E. L'RIDGE ROAD, Sl7TE :1, NOBL 501~'+'D, Fl_ 3345 Pilo\E:17 i?) 54b-6255 F:L~i: {773) SSG-?376 E-HAIL rlwenrtn.cnmcatii.nct a ''4 E ! I : ~ t:~ ~ I tt 'i ; r ~ J • !t t t t ! ~1 t ~ ! t' ! t't E ` c, S t c ~ : t } j _ ( ttttittttftl[tltttl - l iQ I~ 7 ~ ~a E _Y ~ fi.. M ~1~ ~ 1 i i y~~Qy i ~ _ I _ $ .f~ .1# ~ e ,S k , w i`~ i t6~ ~ ~ ! E ,1 - - , ~ = aa~ ~ ~ j ~ i. ?9~ ~ ~ l~t~ ~ ~ ~ t.~t11 z~h ~ ~ !II a d~ ~ ~ : I I ~ ~ ~ - r ~ ~ ~ ~ gg E ~ i r y 1 ~ ~ ~ t > - , :r j - a , ~ r~ se»~ape and dLsigrnated as a sea~'ape mitigation area. h~ addition, 0.09 acres of the presen-e area u-iil be planted ri•ith spa acts and designated as a sea oat mitigation area. The remaining 0.42 acres afthe dune preserve area rill be left in its current state as a sand beach. The buffer preserve area rr'ill consist of 0.08 acres of upland buffer north and 0.06 acres of upland buffer south of the d~~elopmznt area bety~ eels the development alid Avalon State Park. All presence areas (0.70 acres) mill bt w-ill be plac:.d in cansen~ation easement and presen-ed in perpetuity (Figtu•e ~ of 1?). x.40 SUR~~Y RE~L`IREI~~~~TS The Preserve ?.I•ea shal3 bc. sur~~eyed and staked based on the Conceptual Site Plan for the Sulrni~er ~~v'ind project (Figures 4 and ~ of 12). No plant material shall be removed from the Presorve Area to facilitate sulveyin~. fencing or soi.3 borittg sampling without prior permission from the St. Lucie County Environmental Resources Division. ~.OI Barricading Requirements The Applicant will enswe that all Presel-~~e Areas are protected with physical bairi ers during all clearing and construction activities in accordance with the following gUidelll3es. a) Barricades r~Fill be high-visibility orange safety fence with a final height of at least above the Found. Barricades shall not be attached to r'egetatian (Figure ~ of l2}. b) All barricades will be upright and maintained intact for the duration of construction (Figures ~ and 6 of 1?). c) A split rail fence will be installed to amain after all construction activities to prevent pedestrian activity on the native dune prc:sorve and influence p~ULstrians to utilize only the dune crossoverfarbeach access (Figures a and 7 of 1?). d) ~~1hLre areas are proposed for clearing (i.e. building envelope, utilities, drainase, road nght-of-ruay, etc.) t13e bright orange barricades will be placed RI..t~J n0~-068.01 Page 7 of 2~ u~,~t~4a 16 October ?DOS o U z ~ / yin ~ ~ r. J. = T_ a ~ - z` ' o*~~ ~ U~<` W O t ~ ~ `t Y N N n ~ 4 .=_i 5 C y 1~1 I~ ~~i ~ v s ~ ~ C ~ ~ y ~ O = j ~ ~ r \ \ r 1 j ~ ~ S r O IIIA, M} 1 a ~a1RC~° L~ G O i U r _ w~ i ~ £ i r 7_ F n ~ J ~ 4. ~ r / > ~ ,Y,.- _ -w r - p f; s v1 , _ ~ f' iy ~ _ i = _ :.L _R O _ I W H . 1 ~ ~ f - C.Y -~.1. ~ i ~ 1 w ~ . j ~ + r ~ ~ ~ s c v n ~ g , ~ t ! > - t i 1 4 ~Lr I I 7 //r IWF- ~.L ~f i i 2 D V I -J p s I T y ~ ,I I` 777 ~ ~ O o W 8 ,r I _ V a r a - f t a 16 ~ ? . I ~ -.._-,,..''tom _ ~ 7 _ U f ` \ ~ i _ y r w NOT TO SCALE KKlCai7, h7rGU17iL YYU rSSOC1i.TLS.InC. ecasi•ie>rtie c -entire n ~.n... ~o"r A S~R~'E1' z COTE: FOLLO~'VI\G OR BETTER ~'IATERL4L USED #93S SILT FE:tiCE ~'VITH PRE ATT:~CHED OAIi 5T:~KES ±b` F3K~N, St1 T FF'dCF e X 2" HD 0.41; WOOD POST FENCE PJtE .4TT.4CItED R'tTFl ( ~ ~ 1 ST.tPLES 1 4 4: ' r C ` F C FENCE 70 BE• I'~S'I.ALLED 1." I3I;i.OW L"X15TLTiG GRADE {4 G 36" ffiG$ ORA'aCE DA1'GL01V FL~ti G'E v: 4S"s 2r' WOOD POST t O!t S' CivR"T3wRS V. i I'&N1CE ATTACH>:D WITH STATI.):S x a ~I L I~~JJI t, 4i ~ S" HIGH CO~STRLtCT10~ FE!~CE c r 3b" H1GH, S1L? PE'~CE ti c LPL~'~-D PRESERVE ~~LE:~ x - l l l~ =11 =1 SI1.71'E1CE TO BE L'1ST,ALI.F.D 12" BEI,L)H' EXISTiNC GR.!~l)E ti ,r-,' ST. LtCii: COUN1'1' SEC. T~'~'P. Ft. R1_\~' 30B NO.: DRA~I'1\G 1.4841%: DATE RE1-]Sf<.D: FIGLiREa ~ FLORIDA 3 3~S 40E 65-OG8A1 06 -FENCE U'I"i..U\1'G ]5 OCTOBER 2605 G OF l2 , LATiTIiDE: \27° 33 :5]' LO\GtTC'DE: ~'1'OSO° 19.277' DESiG;\ED BY: FRP DR4W'~ BY: FRP CI-IEC1iED B1 it ; ~f SL!14R4ER li'ItiD L~ `~JE{ s PttESt:R1'EAI2I:AR4.++.tiACL•39E\T:~1D X40\ITQttI~C: PL:~'~ (P.~1~1~1P) E`~'IIZO~''_YIEtiTAL C01SL'LTA~TS, LAC. S9S5 S.E. BRIDGE ROAD, ELITE A, IIOBE SOl1D. 3~L 33455 SI1,T FE\CI DETAII, PHVNE: (772) 54G-b2.i5 FAX: (77?) 54b-231b E-YIA(1, t'hs"env(a?cnmcasi.net w~ic>at.aslc>na:.i+n~.cscyca~.rrs.atic. 1OTT0 SCALE 'SOT A SL'R\'F1` °u 'L X f r oR Y Q DLT!\'E AREA TYPICAE PRESERVE AREA SIGN ~vo TMPACT' 7A'~E w.Xl,.l.°d:.,,. a Mi°[WM'µ R.LAi1Y! 1'TfICl Alph j >N.Ii..Y!$Y(: i8 ]I°ti~~A'II\1 BI'fl'!U ~ L Al.AY.1{.pilR IK! F IWS[N\T ~ r nAt lt. /ASX!NUANFI\Ali: ~ X1lIWK11 W P°.Nh IM f W!.Z1 Plt11s\lu SW k F J!!.. G» t tti y u i i` ~ N K ~ G ~ ~ axa PT rosT ~K 3~T1 ~ ,t J a 12" y~ ~ ! h~ tt ~7 ~ ~ a RED SPLIT CEDAR r% st o.c. x 4 C'+ SPLIT RAIL FENCE AND SIGN DE'T'AIL vk vat~xce:tcLw ST. LUCIir COUNTY 5I;C. TN'P. R. RL1as' JOB NO.: DR.1V1'T~G \A11L• : DATE REVISED: FIGURE: FLORIDA 3 345 40E OS-OGS.Oi 07 - PEACE DTL.D\YG l S OCTOBER 2005 7 OT' l ~ ~ LATITUDE: N27° 33.251' LONGITUDE: \\'OSO° 19.77' DESIGNED BY: FRP DRA\§'.'~ BY: FRP CiI~.CKED 131': ~ t fi r~ >.,r: ~ . SL'h1~9ER \\'L1D t~ y R. L. 't~EIGT ~Y I'i{F.5ET21`E ARtA \1AKAt;Ei1E\T A1A \1UTITUI:TRG 1'LA.y (T'.4:~1471') E~'VIR41~iE~ITAI. CONSL7.T~1TS, 5985 S.E.13itIDCE RO.a.D, SL'1TE :1, HOBS SOL'~D, FL 33455 SPLiT RAIL FENCE DE'tA(L PHt)NE: (77?) 546.6255 FA.Y: {772)546-2316 @-\1A1L rltisenvC!camcast.nrt at the dripline of the canopy trees ~~'ithin the Presciw•e Area. e) All native vegetation (not slated for removal as part of ilae development plans) shall be retained in their undisturbed state and will be bajzicaded at or outside the dripline of the Trees. fl )n the event that al~y protecti~~e barricades are rzntoved or ahered a~td laud clearing or construction work is being conducted on-site, all work at the site ~~~ill be stopped until the barriers are restored and any necessary corrective actions taken to repair or replant any vegetation removed or damaged as a result of encroachments. g) The presen~e area ~~,~ill be ponied with signs marked "Dune Area" {dune) or "Upland Preserve Area" {upland bufferj, (Figure 8 of 12}. la) Sea Turtle Protection signs will be placed on all boardwall:s leadin5 to the beach {Figure 9 of ] 2). ~.Q2 Prohibified activities Prohibited activiti es in the Preseri~e Areas or easement within Preserve Areas include, but are not limited to: construction or placing of building materials on ar above the ground; dumping orplacuzg soil or other substances such as garbage, trash, and cuttings; removal or destruction of native trees, shrubs or other native vegetation; e~:cavation, dre:.dging or removal of sail matet~als; diking ar fencing; vehicular traff c including recreational vehicle and off road vehicle use; pL°rmanent irrigation, trimming, pruning, or fertilization; and any other activities det~'mental to drainage, flood control, water conservation, erosion control or fish and wildlife consei-~ration and preservation. RL~~J ~~15-~68.O1 Pagel 1 of ~tz~s~a 15 Ociobcr ZQ08 I::rit:llT. }1cG1t11tL w.N17 wiS6C'SATL'S, 1•~G fO~SI't:t\i:tK.I1Tikl ,.ti"R i,TX. O v ...~.u.w~•,.......~...~.~...,.~.. UPLAND t r 1 ~ ~ ~ PRESERVE AREA r 1'O CLEARING, TRI?~T':VII\G, :110~'rrIi~G, OR DU~VIPING IS PER.~ZITTED \~~ITI~IR THE PRESERVE AREA - BY ORDER OF S'f. Lt'CIE COt~1T1' 2" SS LAG BOLT soARD of cat':vTY C01'I'1TISSIO"~ERS c na.~ aRu noaear~crw~x Cf ^w-•^..^ Q w ;.s,,. ~ t t SS LAG BOLT PLEASE CONTACT ST. LliCIE COL~TY ERD (772) 4b2 =526 _ Q 4" 4" X S' PRESSURE TREATED TIIriBER POST 0 Olt j.?7~7~ TUF'F"NLtTE SIGA POST • U • CSAh`NEL SIGN POST ~ !J 1 ~1.>~ ~A LDCAT);I) ~ SPLIT Na EVIPACT zaNE ;v0 DIFMPIRG OF TR4SH a NO REMOVAL OF NATIVE VEGETATION ' NO PLA,hTITG OF NO'~~R.4Ti\~ SPECIES RO MOTdRIZED L'SE L\ PRESER'1'E C STAI' OR P,4TH / BOARD\\',4L1: BY ORDER OF ST. Ll3CIE COL'?~'TY SOARD OF COL"~Tl' COMn415SI0AERS R a PLEASE CORTACT ST. LUCIE COL'~TY ERD ° (772)4G2-2526 C z ROT Td SCALE V ~ ROT A SUR\'F.Y ~L SUt;7tCEs RLN' ST. LLiCiE COG';\T\' SEC. 7'1\'P. R. RL\V J013 !i0.: DRA\5'L'~G NAME: DATE RE\~SED: FIGL`RE: 4 F1.ORiDA 3 345 40E OS-OGS.OI OS - PRES SIGIC.DN'G 15 OCTOBER 2005 S OF 12 s I.AT'ITl'DE:1'2?° 33 :.51' LO1G1TliDE: \VOSb° 19.'_77' DESIGRED Bl': FRP DRrAVI':V 131': FRA CHECKED $Y:!~f ~S"S; sl,`A1~1ER\\-L~D I+'. L. V4~EIGT ~ PttESERI'E AREA 11.4.1AGE:11E.^iT A.1D \10:~17'OIt!\C. PI_A.\ {Y:1i~1;1117 Eli-VIROti_'1'IEtiTAL C01SliLT.41'~TS, L\C, R9R5 S.E. BRIDGE ROAD, SLlTE A, 13013E SOUND, Fi, 33455 PRI:SERVESlG1DE7'A1L PHO~E:(772)54G-6255 FAX: 1772)546-2316 E-\1 AIL rilr~em~~?cumnsLncl ta>7 ~ 51"RYCY YtTI' TO ~C.AL£ l:\IGifT. ~S~Ci:11:L .~.1D tSROG7A7L5. 1'.'C. rC+vl'l :T:•{tiLl`SY I4a w`.a rtw•:rui <Y «.~a r«w..... .nn.... .,rwwww...., w» J V. T. w V I t- Y2 <4 i~ r7 L~ V ` I=~ ~ ~'tt ~4 ~ IlELP PROTECT ST. LUCIE COL'~'T1"S SEA T(3RTLES $I;n Tt~R'rLrr NE$TC.crILArcFn~c s£ASO~: r = 1NARClI 7 - fiOt'Ehllt£R ]S DO tiOT L1"TERF£RE N'I'I'H ~£57'LtiG r5, FEtviALES. ECGS. OR }iATCIil,LhG5 2" SS LAG BOLT LF.A\'E tiES'T$, IrlAR}tERS.stc~sA.'.'D = PR07'LC71~'E SCREENS U1Ai$TIRBL'll E s SIdIFLD OR TL'R.~ OFF ALL L7GIxT'$ THAT ~ tt ~~.-~w"~,,~;;~,~- Slilll: OK T}lE 1tEACH OR ARE V1C71i7,E 1 ~ _ FROM THE IiBACiL TH1S L'iCLUDLS C_43i ~ IIEADL]GH1:S, FISHING LAtvS7'S, SS LAG BOLT FI.ASHSVLnsA~"DFLASrn.tc}rrs. Is^ ~ IiECT PETS OFF TI3E ST~CH C~ I k CA.Y11'FIRES A'~D M07'ORIZED \`EIIICLFS 2 AAE NRLIHIBITED `5_ a^ s a* z s're[:sna¢ rttiereu rosy t-_ " ~ rfxnsc corcrncr wcy[ rntm-n` rtcn L i fR'} R S`Y ~ ~ ~6t7RtUA YI$H .L":D N'tLDl.1f'L fflh7Slt\'A?IQ~ CO+11D3I5510$ LL 4 Ll Ci F 7 W t« S 2 ~ L' ~ G~ ah W` ~'z i r~ v " !1 i S f• O Kz 4r 4 r a'Ol'ItCCs YL()1t1 t),~ t)T.rAR'1'N1£170f E'~\'1 RCt!v [df..1T A1. rRCtTEC7fU~ ADD RL11' ~ ~ ST. LC~C}E COU~TI' SLC. 7'\\"P. R. RL1~' JO}3 :~Q.: D}2.A1~'I:~G :~A?13E: D:1T1; RE\`ISED: FIGi;}2E: ~ ~'1.,nRlDA 3 I 345 4i1): p5-065.01 U9 - ST S1G~.D1~'G OC'TOBER'_008 9 OF I2 . - , 1.ATITL`D1'::ti27° 33 ~51' LO:~G}Tt'DE: lt'OSO° }9.277' DES}G:\`ED BY: FRP DR.i~i'~ f}Y: FRP CIILCKED R1 ~ , i ~ SU'\11~LER N`LtiD R° 3~a ~1~i Y ~ I'Rf,SEJtV•'F AREA M,~.'iAGEML• ti7.A~I) !140~170K1\G FhAA (P:A.13M111') F~ V~O:A1~'~NT-4L CO;~S~iLT~NIT~j Lt C. 1;98j S.E. RRIDGE 120AD, Sl'17`E A, HOBS 50[`\b, FL 134x~ SEA'f'L'RTLF.I~F'ORhtA'I'IOti SIG\' PHO\1r: (772) aG-G355 F;f.,~: {772) 346-2315 E-11:UL rtiscnv;u?es,mrasl.n~4 ~o hazardous material other than fuel for refueling on-situ heavy cyuipm~tt «~ill be stared on-site during the construction phases, On-site fuel tanks will not Uc located ~~-itlun 3~-feet of any Preszn~e Area and will be removed upon completion of construction work. Development activities, such as the consti-action of builditlg pads for associated structures, swales, ar culverts for surface water management will not alter the hydrology of adjacent preser~ e areas. Ncrr should any activities increase non-point. source pollution in the presen~e, 5.00 RESTUR.~TI©1 & MAINTEtiAItCE ACTIVITIES Except far the construction of a raised dune crossover structure and approved restoration and maintena~~ce activities, tl~e Prescn e Areas will be left undisturbed. Ali maintelaa~~ce of Presume Areas will be i~a accordance with this P.A.M~2P. '~Taintenance and n~al~agernent activities will be perfartned by or under the supen~ision of a qualif ed environmental professional. The follov<~ing activities shall be allowed within the Preserve Areas ~Tith prior written approval from St. Lucie County. a) Exotic plant removal b) Re-r=egetatian -planting native vegetation, as necessary c) Removal of dead, diseased, or safety hazard plant material d) Dune restoration e) Yard drain maintenance 5.01 Exotic Species Exotic vegetation in the Preserve Area shall be removed by the least zoologically damaging rnethad available, Such methods include hand pulling, hand spading, chainsaw andlor treatment with an appropriate herbicide. ~o debris, such as plant clippings or wood scraps, shall be allo~~~ed in the Presence Areas. All exotic species shall be removed within sip: to Wino tnanlhs of roceipt of the first Building Permit. Exotic and invasive species shall RAW ~0~-068.01 Page 1~ of 25 s~~,~ 16 October 2008 continually be eradicated in perpetuity, as required. A St. Lucie County Vegetation Removal Permit will be required prior to any vegetation removal on-site. x.02 Re-vegetation :~.ny re-~°e•~etation which nv~ht be necessary as a result of exotic vegetation removal or site construction activities shall consist of native plant species indicative of the existing plant community. This ~~ill ensure that the Preser,~e :area maintains indigenous plant associations. Re-vegetation plans shall be submitted to St. Lucie County for approval prior to implelt7entation, if required. .03 R.emo~~~al of Piant'1'Iaterial No native plant material shall be removed from the Presct~~ e Area. Dead or diseased plant material may be removed only upon a written finding by St. Lucid Count)? that the • material creates a safety hazard to buildings within the fall zone of the material or the n~atUrial does not add to the continued health of the Presen'e Area. Re-vegetation may be required far any removed plant material. ~A4 Dune Restoration The dune systet~t at the Summer ~~'ind project site ~~~ill be maintained in a healthy condition, por FDEP regulations, Chapter 62B-~3, FAG, unless otherwise approved by #hc: Stat4. Following the initial ~-year monitoring period, during which time the pernlittea u~•ill be the responsible pang, the Summer ~~Jind Home Owners Association (HOA) shall be responsible far future oven~•ashes and storm breaches occurring to the dune system (Figure' 5 of l 3). The restar~:d dune shall be brought back to its original elc~{anon established during the permit process ~~~ith appropriate and compatible fill according to 628-41.U07(j) Fr1C. Tho dune shall than be re-vegetated with native salt-resistant vegetation suitable for dune RL~tJ r0>-065.01 Page 1 S of 25 r«;t~a l6 October 2005 stabilization and consisting of ~0°I° sea oats (L'~~iala1~anieulata) planted 1 S" on center on the frontal dune. Any dune areas in which vegetation has been l:illcd thxough natural storm events but «•hich are not in Hoed of additional sand shall also be re-planted as specified above (Figures 10 and 11 of 12). The restored and re-planted dune shall be simil:u• in appearance to pre-existing conditions in terms ofprofile, vegetation and sedament characteristics to the maximum extent possible. It should also be designed to be compatible with and accessible to Hosting sea turtles. .All vegetation to be planted on the restored dwte system shall consist of native salt- tolerantplant species. Temporary irrigation ofthe dune shall be required and the landscape architect or environmental consultant shall detennino when the vegetation has become established. Prior to redirection of the irrigation systetn, the County ERD shall be notified and be given alp option to vetifythe detem3ination. 5.0~ I'ard Drain ?1~Iaintenance Leaf debr°is shall be cleared from yard drains ort a regula~• basis such that at no point, shall the drain iriltibit the free flow of water. 6.00 147ISCELL~rEOUS PROVISIOIlS :~~D RESTRICTIONS 6.01 Dust During constnictron, dust annoyance to adjacent laroper•ty o~vnors and the Preser~~e Area shall be eliminated via application of water or other approved means. RL~'~^;05-068.01 Pagel 6 of 2~ Reti•~s~a 16 October ?008 ,'iOT A SL'RY'E1' 1:':7C.H7. \)cG1~li;L :.gib f.,S.if)C:A~ rs.l~c. iOT TO SCALE - crnstasrv: rx.wtro ktn n,a :'rus W ~ w..,. w ........w......,...r. nFe.....,, ~ tiUT'E: TI11S )'LA~71tiC PLAN REI'1IFSE.~TG A't'1'P1C.4L 5ECT)O~ !:D' l1 LEVGITl KY :5' 1?'IDE pR Al'I'ROXIh1ATF.LY 2.D04 Sf2. f?. V. sy SEA ®A'~` ~~I~`I~ATIC~l~ AREA PLA1`rII~'II~G ~?ETA~~ y~ =r tw - ~'J. S ~ ~ - J _ y ~ J ~ ~ a~~ > . '.I r_ Z i 6 - ~ or ~ 25.U' : ~ ° '5: tt r.~~~„K d.. 'm, { ~ 4 C _ 4- - s t YV a~ M z ~ 5.4LTJYfE4AOW 1. Pl.AKTS KA77\'E T'6 FLORIDA MA?' IIE 5UB5T17t'f[:D FOR w ®sr~RrJn~a rdTl'n'S ~ 6R 3' O.C. TH4S£ L)STCD, ACCORDLVC T'4 A\'AILABIL,TTY A'.SD Sl?.L. N'17'H r CORDGT4S5 TIiC N'R17TCK At"ftZ4R12AT14S OF TH£ AGL*t('1tiS AKb THL SEASHORE L'K\'IIZOKMI.'KTAL C4'~SItLTA.n?. c ~ ~ A.9.5'1'RLt=M l:3Glh'rITL'M PA5YAL2tM LfKER ~ 3' O.C. ~ z.lACA77t>" of PL.+~TS ~lAV >r£ Fr>;L.D nnallsrrn C~ 41;»t;lt •ro ii PRO\'1DL T•H£ $csT cRV\v1KC c4KDIT14~s. " ~ IPD,AJDEA7'ES-C.dPR:)F R4ILRUAD 1'L~E I 1 CALLO'~ 3' O.C. 3. PLAK7 MATCRiu SHALL 1C£ IKSPGC-J'LZ) u\' ~rtZL L~ - LK\'uttriru:KTAL CCA'~SI17AfC77'R14R74 LKSTAl.1.ATi4!~. Sff _ 5E5t'17L!MPDRTUL.9C.9S'1Rt~A1 ~ SEA!'LtR5L4'~E LITER 3'O.C. w, ALL PLAri'Z'SS))uLHCi~57'ALZJ:611:txCAl7'RYA'~n \7GL)R41;S COKJ)F770K. A^1D S11A11 BL )Ti114F N'L'£US, a A2Sti E 3.O.C. DIS£AS~ A'1D LM1SCC7 P£5T5. LGGS UR LAI{\'A)s. l1LLJ.dA'TI1tS1)£L'll_1S LI!t£R r 5l K FLOP\'ER ~ 5. COK?TZACF4R IS RtSPD'+SIRZ.I FUR 7FZ7' PR4CLR N:~T'£R)':G ~ ~ PAA'1CL'M AM.91:C!A1 COASTAL LIhF72 3' U,C. ADD f'L'K71LI7J~TlUK OF T)fL LKS"Iw1.Li:D 7•La':T5 F4R A Y£R)4D W = PA'+IC GRASS 4F KUT LL'55'ClIA'~ 4K£ (1) \'£AR. i. ROOT $02,"~'D CO'w'7AL~LR PL.iSTS \i'fLL:+OT F£ ACCTP7T:D. R ~ U,~7DL.') P:IA'JCtF1-.9 Z9* SEd OAT'S LI!~ER 1$° p.C. %C i ` - JJ;1'lDLA N.dR'JCL!L.9T.d T'D L11'L.•fA'TEI) D.h' 1 F 1NC11 CEh'T'ERS.dLO,h'G 1~9TIRE FfiD.hT.dl OL:h'C 11'1771 DTflF.R SPL~CIES I,'1'TTR51'ERSED 7JlRbNGl1Ot.'T i= v~ CF ti. ~ t. $ I X U w- -i F- F ~ ST. LL+CIF. C'Oti;iTl' SEC. "I'YYP. R. RLIY JOB ti0.: AR.4N'I\C ^iA!14E: AA7'E RE~7SLD : FILL-12)r: z ~ T~ I..UR1llA 3 34S 4DE OS-OtiS,01 10 • SEA OA'I 1'L~.D11'G 1s OLTOGL• R 3005 ]0 OP 12 »w w LC ^ LA'rITUDr: 127° 33.253' i_O?~GITL`D1;; YY"OSO°]9 377' DESIG?~FD BY: TRP pILA1Y\ BY: GRP CIiECIiF_I? Iil : ~ ~i SL'11'~'ILlt~~-I:~D R, L. ~)YEI~`~' s 1'i;E5rlt1'C AitE,A a1,~.~.~GI:»e~T A.~1) ~~U~rrc)IZI~c I'L.4~ ~1'A~~~1rI E~'YZRUtiYZE~;T.4I, CO\SULT.~\TS, LAG, - S9b5 S.E. lIRIDGE ROAD, SL"1TE A. IIOtiC S04'~D, FL 3345a T $tiA C)AT ;11ITIG.~1T10\ ,4RE.4 PL.4.1TI~G PL.4V PHONE: j773) SSG-6251 FAQ; (772) SSG-23l fi E-\1:11L rl~rcln(a=~ronlrest.nct 'a0"t'.4 S[RVEY w~dcdtT. adrGiltlti: h~D rsscxdA'sc~. tht. 1 OT TO SC.A1,E ('it\pq,7{hf. CAC.K:SI:M~AN. RAAV{]¢ . Y- I' LL~ 14 y~ N• ~t rz S t,: 4~ 'a. Z i~ ©TC: TALC r?_atiTL~c rl.,a~ tcErlu:sElTS.a'rs~rtc.aL s>:cTlo~ so' ~ ?K LEIGTN BY ~a' NTUE OR APrIlfl%LMATT:LY 2.DUO S(t. F'T. ii rz SSA GRAPE IVIIT~GAT~ON ,~;R~A ~'LANTI~G D~TiAIL 4 ?r x ~ g0.0' _ ~ ~ ~ , y: ~ s "u J , x , ~",r~` , ~ . - `-r~ r'~ x • .r - :T ~ - - _ nor _ d. PLM'TS KATt1"E TO I'1.pRIDA MAl' P.£ 9didtt"t'ITt"tEb FOdt ~ THOSE LIS7'EU, ACCORDING TO AYAILABdl.T71' A!\D SIZE, Wtfll LL4 SYMBOL SCtE1"t1I'IC;\AM:E COM.M011A(HE SIZE SPACItiG THF.W'ItiTTErAL'TNpRIZATIO!~OFTF1EAGd:^)CIESA.'r'D7?lE F,!tY1ROSYME~TAL COKSLfLTAitT. C z ~ ~ ~ BA1' CEDAR 3 GALLO\ 4" O.C. LOf.ATIp~ OF PLaYZ'S M.aY BL ftELD AD.dd!STCU ORDER TO ~ % Sl~Xl.IA7I hldhlTlMrt )•R01TAE Ttt£ BEST GROWING CONDITIOICS. ti_ ~ 1L ~ ~ Cf1CCDLt7I2A G'? 7,F~r~ SEA GRATE 1 GALLON 4' p.C. t.1'LA.\? MATERIAL StiAt.L BE ASPECTED BY TItE E'.V~'EROl~ME.KTAL CONSt7LTAN7 )•RION TO IYSfAI,L4T10!~. i~ 111111 EJlNUDEA LlTTbR.4LlS BE.aG7t CRF.GPt:N~ I GALLON 6' O.C. ALL M.ANTS SNAtb BC I!tSTALLCD L?~ Iir•~ T}IY AtiD t ~ + 1'IGONOUS CpNDi'170K, AND SIIAI.L 8E FREE OF N");CDS. f ~ SN.4l:77/VA 1'~tTGAx•• -At.ivt.n,c,N~ ctrwr:,iw5 )<R d' U.G UISG65G A:YA 11SEC7 PEST5, CGGS OIt I.AILI'AL llil lA1G$1fAtt"' Et.ACII ELDL'R L7tiyN 7' G.C. - ~ t1NlpLn J'ANJC,Ttl.+diA•• SLA UA75 l.IK1:N di" U.C. S. CO.aTItACTON IS NFSAONSIBLE FOR TIIE !'ItOPtR N'ATLRI'iC. Z ••ClMllJk1'OCUI pA'1'I.,IM h7lA A1'D FGR77 LiGAT1U!~ OF T~}I) I;~S7ALLCb !'I.AtiTS T'OR A PL'itdOD F C pi KOT LCS5't1iAN ORE {t) t'EAR x- W ~ f HOOT tsOU1D f'OR7Ad'YER PLA,'CTS li'ILL ?20T I:E ACCI;FYL'U. x^ a¢ ~C a~ R~ fi ti tit)L;NCC: 1t1:W ~L ST. LIJCIE COLITY SEC. T14'F. R. RL~1' JOi310.: DR.AIA'LNG ~A9fE: DATE RE~7SED : FIGURE: 4'~ FLORIDA 3 34S 40E OS-OG&Ol 11 • SEA GP PLt.D1i'G 15 OCTOSER'_OOS 71 Of 12 ~ LATITtiDE: N37° 3.251' LONGITUDE: ~i'OSI)° 19.Z7T DESIGNED BY: FRP DRA1V1 BY: ~'RF CNECFiF.D tiY~~'..~J s Sli~'L4'CER R. I.. ~'~'EIGT ~tt rRxsElzr~EnrtE,A;wA.~AGE~~ENr.A:~vn~O::lrolu~cPL,~~(r.A:~~~IP) EtiVIItUKAZENTALCO\SL'LT~,ti`t'S,L~C. 5985 S.E. }3RIUGE ft;OAD, Sl~TE A, HOSE SOt~:~D, 1'L 33455 SEA GRAPE A41TIG,ATI4^3 AREA PLANTING PLA..r PHONE: (7T_) Sd6-6255 F.~Ui: (772) 546-:31G E':~'I.~II. TIN'CDV~~camcnst.Det G.02 \oise ;\oisc resultin; from project sire construction shall not exceed the noise levels and other requirements stat~;d iII 5t. Lucie County Ordinances. 6.03 Periodic Cleanup/Paste Site Restoratiou During cansti-uction, all accwnulated debi~s and cleared vegetation shall be removed from the proj~;ct site on a regular basis, and as ordered by the Environmental Consultant and,''or PTOjeCt EII4~Tlrfeer. ~Q GOIiStruCt1011 debris Or Cleared vegetation shall be moved or stored within the on-site Preserve Areas. 6.04 Chemical, Fuel, and Other Hazardous ?1'fatei-ials , a i.._.. A..,.e. +or;~lc ,fed On-Slte rti~rinv rnlLfittl~Gt7tlll fll'1 Cht;n11Gi11~, l'LlGI, ariuvuici =ia[.wuuu~ .,,3...,,~,... L _ - activities, whether herbicide, pesticide, solvent, or reactant of other classification, shall be required to have Environmental Protection agency (EPA) or Housin=~ and Lrbal~ L7evelopment (HL~D) approval. The handling, use, storage, and disposal of such materials, containers, or residues shall be in strict conformance with the manufacturer andlor supplier's instructions. 14 chelnieals, fuel, or other hazardous materials shall be stored ~~-thin th+: PrGser~~L Areas. A hazardous substance cleanup kit shall bekept on-site during construction activities. ISO cl~i:micals, fuel, or other hazardous materials shall be stored tivitl>3n twerity- five (?5) foot of the Presei7~e Areas. 6.f?5 Cotlstrurtion Egttipnlent tif) hzavy equipment or construction e~.luipment shall be stored, cleaned, repaired, or fueled in or within t~t~enty-fve (?5) feet of the Preserve Areas. R.LVJ r05-t)6~A1 Page l~ of a~aua I6 C7ctaber2008 7.00 '~ZO~ITOkI1G A'~D ?124INTEl~ 4'~CE PLAN The proposed Preserve Areas of the Summer Wind project site will be monitored atn~ually for a fi~ e year period. A time-zero rnrntitoring repot•t t~~ill be con~pleied prior to construction. ?~gonitaring will be conducted annually and annual reports documenting results of the monitoring iterations ~~•ill be prepared to document the progress of the Presen~e Areas located on-site. Thy reports will includeve~etation anal~~sis, wildlife ut7lizatian, panoramic photographs, and conclusions of the annual n~ot~itorvtg iterations. L'pon completion of the ~-year monitoring prog'r'am additional detail will be outlined in the HOA documents v~•7th regard to long-terns preser~se area management activities and responsibilities. The 1-1OA docun~et~ts will be submitted tinder separate cover. 7.0Y h~oaitaring Set-ug Three monitoring transacts will be established w7thin the Summer Wind project Preserve .Area and associated upland preserve buffers {Figure 1? of l2). The hegitu~ing of the transact will be marked «-ith a 3" schedule ~0 PVC pipe filled with concrete. The concrete filled PVC monument will also sense as the panoramic photograph location. A compass bearing from the concrete filled PVC monument will be established far the transoct. A metal plate tivill be engraved ~~,zth the transact number, compass bearing, and date. Thz metal plate will be attached to the concrete filled PVC monument with a stainless steel bolt. The concrete filled PVC monutnentwill befield-located w°ith a hand-held GPS unit, and the latitude and longitude recorded. 7.0? Vegetation Sutti~ey Biologists ~~~ill conduct annual vegetation surveys of the trat~sect for a period of five (S) years. Each vegetative community type will be represented in the transact and major RLW X05-OGS.OI Page 20 of ZS r.~,:5~a 1 G October ?OOS vLi;tation zones ?~~ill be identified. Sample quadrats, ] 0 meters ~ l U meters (l UO sq. meters), will be established along the transcct. Vegetation inside the quadrats tk~ill be identified to species level, ~~fien possible. The percent-coverage of each species will be recorded. 7.0~ Panoramic Transect and Quadrat Photographs During each sample iteration, a color panoramic photograph (18U°) of tl~e transmit will be taken (Figure l2 of A range-pole marked in 12" intervals will be provided in each photograph for scaling vegetation gro~~~•th. A simgle photograph will be taken of each quadrat. The photographs will provide physica3 documentatirnl of the conditions within the presence area. Photographs of the annual monitoring iterations will bo included in each of the ar~r~ual reports. 7.0~ '~'~'ildlife L'tilizatian A qualitative study ofwildlife utilization (birds, n~anunals< amphibians, and r,>ptiles) will be conducted during each sample iteration. Wildlife utilization w711 be detern~ined by siahtin~, scat, calls, nests, burrows, tracks, etc. A species list ofobserved wildlife from oach of the matritoring iterations will be compiled and included in the axmual reports. 7,05 Exotic Plant Species Exotic and nuis;~nee plant species v~•il1 be removed, in perpetuity, within the proposed Pres,:r~tc Ar•oas. Exotic species currently located witl>;n the Summer \'1ir}d property ~~~ill be removed fi•onl site. tither exotic and nuisance species will be treated with an approved herbicide (i.e., Rodeo) or pulled by-band. L-xotic maintenance will be pyr-fanned on an as needed basis, depending on the existing conditions during oac3~ annual n.onitoring iteration. RL\rJ ~0~-OGS.O1 Page 21 of 25 F:.~;k~a l G October ?OOS pct, i°~~~ ~ ^ rt - n~~~ Atha ~ i ~ ..a ~ r' ~ ~ ~ V r C 7 L ~ ~ ~ ` - ~ ~ ~ ? ~ ~ w N r ~ r - t} ~ _ : ~ O - o ~ , n d 4 d ti~ 0,~-^,C ~..'1~ { it L ~ ~ F~ ~ ~L~_ tia~" ~ I ~ G ~ ~ ~ "j I O W~ ~ six O p W~ O ~ _ t ~ r w+ E: z r5 ffi m [ ~ ~ ~ r ~ ~ , - - i ~ - - . ~ _ - l - ^ `w~ ( i ~ j ~ ~ ~ Lr i O W F _ , ~ r v fig= ~ ~ ~~d Y~~ ~ ~ f~~wy ~ N ~ r r C y c ` ~ 4~G~ , ( ~ Ci~Or, I Z i ~ ~ w _ a ~ ? _ ~ i~ _ L G _ ~ R ~ ~ ' k ~ ~ \ _ , ems- C O O ~ ~ ~ Hx ~a~ can 7_ - ~ v: , ~ ~ ~ w ' - _ ~ _ s Table 1 Florida Exotic Pest Plaut Council's CateQary I In~•asive Exotic Species (3Q07}. Scientitic?~ranre Cornnrtrrr Narrre .4 bras precarvrnts rosary pea Acacia aurlculifarrrris earleaf acacia Albi:ia julihrissin mimosa, silk tree ,41bi:ia Icl}becfi woman's tongue ,9rrlisia crenate coral ardisia A. crtrrrulrte) :~11'tii5la C1I17)rlCa sboebunon ardisia .9. htnnilis) A.epara~*us acrhiapic•us .asparagus fern .9. sprtrngeri; .9, denxiflar•zts rnisapplted) Baulrinia variegate Orchid tree L3'ISGTraf a •Jal~arrrCa bischofia Calnplr}~Ilurn antillartum Santa merle (names "mast woad", "Alexandrian laurel" used in { = C. calaha; cultivation) G irroph~~llurrt, misapplied} Casuarirru equfsetifolia Australian pine Casuarina ~lauea suckering Australian pine Cinrramomurn carnphor•a camphor-tree Culocasia t•.sculenta w~i3d taro Grilubrina ariaxica lather leaf ~"upaniupsis anacartlit~irlcs carratwoad Dirrsern•ea elate winged yam pir~scorea bulbr'fcra alt potato Eichornia crassipcs water hyacinth Eugcnr'a unllcrra Surinam cbert}, Ficus mica•ocarpa laurel fig { =Ficus ninclr.; F, r•eU[ra var. rritida rrrisrtlrplit~d) I•lt~drrlla vcrticillata hydrilla N~~grt~phila pol~:sperura green hygro H)mrenachne arnplexicattlis West Indian marsh grass lmpcrata t;t•linarrica cogon grass = 1. hrasilie~rrsis nrisapPlirxl) Ipa~nrot~a rrytratica waterspinach Jasnrinurn tlirJrutonurm Gold Coast jasmine Jrtsrninunt j7unrlnense Brazilian jasmine Lantana carnara lantana, shrub verbena Li,~arsu•u»r lur•irlum glossy privet ligut•trum sinenst• Chinese privet, hedge privet Eerier<ra japonica Jap;mcsc honrysucklc Ludra••inia pE~r•uriarra Peruvian primrose willow L)•garllurrr japorricrnrr Ja}:,anew climbing f,~rtz L)~gnrliurn >»icruplrt•llum Old \rrarld climbing fern A4uc~ath~csnv rnr~rris-c:crtl cats claw vine A9:tnilkara :aporu sarodiia A~elaleura quingutrnea7•ip maaleuca, papa bark lr~imvsa pibrrr catclaw tnirnosa Narrclinn rlanresrica nandina, heavenly bamboo RI_!'J i"=i~'?-{?6S.iJI Pa~c 23 of 2~ Friisc3 ~ G OCtoUer ~OC~S Table 1. Continued. .Net'r'audia re}•rraudiaxa Burma recd, cane ;rass Prederia rruddasi ~rra sewer vine, onion Fine Paederia foetida sl-toil: vine Parricum repens torpedo s,~rass Pennisetum prnAurcrnn rapier grass PiSt1a StratlUlCS wafer lettuce P,ridiunr caalc_ianum strawberry~uava P, littoralc~) Psiclium ~niajava guava Pucraria nrn»rana ~'ar. luhata l.~udzu { = P. labara} Rhodanr~rtux tom~nrvsa doumy rase-myrtle Rlivnchelvtrrtm repe»s ?natal grass hlelinis repcns) Rur~llia lweediana ?viexican petunia (R. britwnianal Sapiunr sebifcr•urn popcorn tree, Chinese tal3ow tree Ti-iadeCa sehifera) Scaetrola tac~cncla scaevola, half-flower, beach naupaka { - Scae»o1a sericca; S. fi•utescens} Schrt,~ler•a aczinaph~'lln schefflera, Queensland umbrella vee Brassaia actinaplr>>lla) Selrimts tcrebnthi fulius Brazilian pepper Senna pe»du1.a var. Slahrata climbate cassia, Christmas cassia, Christmas senna { =Cassia aluzeoides) Sulanurrr tampicense wetland night shade, aquatic soda apple { = S. houstanii) Salanurn viarunr tropical soda apple Sanr,~;orrium pocluph>Ilum .Arroashsad tine 57~}rgiurrr curntnl jambGlan, Java plum T~ctaria inrisa incised halberd fem Therpesia papubrea seaside mahoe Ti•adcsca»tia~lurninensis elute-flowered wandetin~ jcw Uraclrlaa nrutica Para grass Braclriaria nrutica) Sourer: l~lorida Exotic Pest Plant Ccxiricil, 2UU7 List of lsn•:ai~'c 5PCeles RLVJ X05-468.p1 Page 2-~ of 3~ Rr,-~.~a 16 Qctober 2QOS Theproposed Preserve Area will be maintained at < ~°~a of listed exotic and nuisance vegetauon as defined by the Exotic Pest Plant Council (Table l). !~~aintenance vill bL conducted in perpztuit)~ and run with the land. 7.06 '~'tonitoritzg Reports :4nnual monitoring reports, depicting results of each of the annual monitoring iterations, skill be submitted to the St. Lucie County Community Development Department at~d St. Lucia County Envirotunenial P.esource Division. The baszline rc,port wiU be submiticd within thirty {30) days of permit issuance with reports annually thereafter. .Annual reports gill be submitted ~~~itlun thirty {30) days of sampling the Presen~z :area. The monitoring reports ~k~ill contain, but are not limited to, the follo~vin~ data: • results of the annual vegetation sur~~eys; • results of the annual wildlife surveys; • annual panoramic and quadrat photographs; and • discussion of project issues related to vegetation, hydrology, exotic species attd permit compliane4, according to S#. Lucia County permit conditions. R1 1h~ ,`;US-f~68,01 Page ?S of 2~ rs,;sGa l ~ OctobLr 20t3~ RESOLUTION NO. 09-273 A RESOLUTION ACCEPTING A CONSERVATION EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing CONSERVATION EASEMENT is duly accepted on behalf of St. Lucie County this 22"~ day of SEPTEMBER, 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 5:\ACQ\WP\Conservation Easements\Summer Wind\Resolution No. 09-273.wpd 1 GM 09-002 2 MNSP-06-005 3 4 AN ORDER GRANTING APPROVAL FOR s A MINOR SITE PLAN TO BE KNOWN AS 6 SUMMER WIND s 9 WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site plan to approval submitted by Knight, McGuire & Associates Inc. on behalf of G & G/Aqua lll, LLC., and also 11 reviewed the comments of the St. Lucie County Development Review Committee on this application, and 12 made the following determinations: 13 14 1. G 8~ G/ Aqua III, LLC., presented a petition for 7 (seven) detached single family condominium 15 units on 1.51 acres of land to be known as Summer Wind for,property located on 8600 North 16 Highway A-1-A, St. Lucie County in the HIRD (Hutchinson Island Residential District) Zoning 17 District. is 19 2. The Development Review Committee has reviewed the Site Plan for the proposed project and 20 found it to meet the technical requirements of the Land Development Code, subject to the 21 conditions set forth in Part "A" of this Growth Management Order. 22 z 3 3. The project is consistent with the general purpose, goals, objectives, and policies of the St. Lucie 24 County Comprehensive Plan and regulations set forth in the St. Lucie County Land Development 25 Code. 26 z~ 4. The project will not have an undue adverse effect on adjacent property, the character of the 2s neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public z9 health, safety, and general welfare. 30 31 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on 32 the immediate vicinity through building design, site design, landscaping, and screening. 33 34 6. The project will be constructed, arranged, and operated so as not to interfere with the 35 development and use of neighboring property, in accordance with applicable district regulations. 36 3 ~ 7. The project will be served by adequate public facilities and services. 38 3 9 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to 4 o this order as Exhibit "A," as required under Chapter V, St. Lucie County Land Development Code. 41 42 43 NOW, THEREFORE, BE IT ORDERED: 44 45 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed 46 Minor Site Plan to be known as Summer Wind, is hereby approved as shown on the site plan 47 drawings for the project prepared by Knight, McGuire and Associates, Inc. last revised on 4 s November 25, 2008, and received by the St. Lucie County Growth Management Director on May 4 `3 11, 2009, for the property described below, subject to the following conditions: 50 51 JOSEPH E. SMITH, CLERX OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3361724 06!29/2009 at 12:40 PM File No.: MNSP-06-005 OR BOOK 3103 PAGE 1829 - 1834 Doc Type: ORD RECORDING: 552.50 GM Order 09-002 June 8, 2009 Page 1 1 1. No clearing or other site work shall commence until after constructible engineering plans have 2 been approved by the County Engineer and all county environmental permits have been 3 issued by Environmental Resources Department pursuant to Section 11.02.08(A){7) of the St. 4 Lucie County Land Development Code. As of-this date of issuance of this Growth 5 Management Order, no constructible site development plans have been submitted for review. 6 ~ 2. Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land Development Code, no work a shall commence on the site until all regulatory permits required from Federal, State, and 9 regional agencies and special districts have been issued. The Florida Department of to Environmental Protection, National Pollutant Discharge and Elimination System compliance 11 notice must be submitted to the County Engineer with the constructible site plan at the time of lz building permit application or during permit review or no paving, grading, and drainage permit 13 and no building permit shall be issued. All National Pollutant Discharge and Elimination 14 System Best Management Practices shall be instituted on the site prior to site clearing and 15 maintained daily. Stormwater ponds shall be roughed in at the same time the site 15 cleared of 16 groundcover. 17 le 3. This Growth Management Order shall be recorded in the Public Records of St. Lucie County, 19 Florida, in order to provide constructive legal notice of development conditions that run with 2 o the land. 21 22 4. The Code Compliance Manager shall receive a copy of this Growth Management Order and the 2 3 site plan it approves and shall not approve any building permits that do not implement or are 24 not consistent with this Growth Management Order and the plans hereby approved. 25 2 6 5. Prior to issuance of any permit, the petitioner, their successors or assigns shall be required to 27 submit condominium documents to the County Attorney's Office and Environmental 2 s Resources Department for their review and approval. 29 . 3 0 6. Prior to issuance of a construction permit for this project, the developers, their successors or 31 assigns, shall have entered into an enforceable utility service agreement with St. Lucie County 32 Utilities to ensure the provision of water and sewer services. This agreement shall be in a form 3 3 consistent with St: Lucie County Utility District regulations regarding utility service extensions 34 and service provisions. 35 3 6 7. The applicant shall comply with any state and federal agency regulations and requirements. 3 ~ Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have 3 a obtained and provided the Environmental Resources Department with copies of any required 39 federal and state permits/approvals, including, but not limited to: the Environmental 4 o Resources Permit and any required US Fish and ~Idlife Service revisions to the Sea Turtle 41 Protection Plan. If federal or state agency compliance requires modification to the 42 development plans, the applicant will promptly modify the plans and submit to St. Lucie 43 County for review and approval as required by the Land Development Code. The applicant 44 will not use the County's development approval to prevent compliance with any federal or 45 state agency requirements. 46 4 ~ 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide a 4s copy of the condominium documents for review and approval. The guidelines therein, at a 49 minimum, should specify restrictions on any encroachment into the Dune Preserve Area and so resfored buffer areas as well as restrictions on vegetation removal outside the building pad 51 areas. At a minimum the document shall include: File No.: MNSP-06-005 GM Order 09-002 June 8, 2009 Page 2 1 a. Language which notifies prospective property owners that the association property 2 includes restored buffer areas and a dune preservation zone which are protected under 3 conservation easements; 4 b. Language which informs the prospective property owners that the buffers and dune 5 preservation zone may not be altered from their natural/ permitted condition with the 6 exception of exotic vegetation removal or restoration in accordance with the Preserve ~ Area Monitoring and Management Plan that shall be attached as an affidavit to the s conservation easement; 9 c. Discussion of best management practices that the future residences and groundskeepers 1 o should employ, such as limiting fertilizer, pesticide, and irrigation use. Language from the 11 Florida Yards and Neighborhoods "Florida-friendly Landscaping Covenants, Conditions, 1z and Restrictions" should be incorporated into the condominium document; and 13 d. Language which informs the prospective property owners of the sea turtle protection 14 measures they are responsible for implementing/maintaining, as described in the Sea 15 Turtle Protection Plan. 16 17 9. Prior to issuance of a Vegetation Removal Permit or Exemption, updated gopher tortoise lE surveys should be conducted in compliance with Florida Fish and Wildlife Conservation 19 Commission protocols, and results shall be provided to the Environmental Resources 2 o Department. ff tortoises are found on-site, the applicant must avoid the burrows by at least 25 21 feet or obtain a tortoise relocation permit from the Florida Fish and Wildlife Conservation 22 Commission prior to Vegetation Removal Permit or Exemption issuance. 23 24 10. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide the 25 Environmental Resources Department with a revised Sea Turtle Protection Plan, including: 26 27 a. A schedule of proposed development periods per Section 6.04.02.F.1.c(1);and 2 s b. The Florida Fish and Wildlife Conservation Commission's recommended marine turtle 2 g protection conditions and approved lighting plans. 30 31 11. Within 90 days of site plan approval or prior to issuance of a Vegetation Removal Permit or 3 2 Exemption, whichever comes first, the applicant shall provide the required executed St. Lucie 33 County (or South Florida Water Management District) conservation easement, with the 34 Environmental Resources Department-approved Preserve Area Monitoring and Management 3 5 Plan (PAMP) with an attached affidavit, and a cashier's check, payable to the Clerk of the Court 36 for the appropriate recording fees, to the County Attorney for review and approval. No 3 ~ easement will be approved if there are mod cations made to the St. Lucie County or South 3a Florida Water Management District easement form without prior approval of the County 3 9 Attorney and the Environmental Resources Department. Failure to perform this condition 4 o within the specified timeframe may result in revocation of the site plan approval. 41 42 12. Priorto issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an 4 3 improvement agreement acceptable to the Environmental Resources Department covering the. 44 cost of landscaping and any required tree mitigation, including proposed on-site tree 4 5 relocation. 46 47 13. Prior to the issuance of first Certificate of Occupancy, the petitioner, their successors or 4 s assigns shall be required to construct a 6 foot wide sidewalk along State Road A1A as shown 4 9 on the site plan. 50 File No.: MNSP-06-005 GM Order 09-002 June 8, 2009 Page 3 1 14. No such building shall exceed the building envelope including height as shown on the 2 approved site plan. Any building that exceeds the building envelope shall require a site plan 3 adjustment. 4 5 15. Condominium documents, sales contracts and all other sales brochures shall contain written 6 disclosures of the current CBRA designation at the time of the sale for insurance purposes. 7 s B. The property on which this Minor Site Plan is being granted is described as follows: 9 1o THE SOUTH 150 FEET OF THE NORTH 450 FEET OF GOVERNMENT LOT 4 LYING EAST OF 11 FLORIDA STATE ROAD A-1-A, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, 12 TOGETHER WITH ALL LITTORAL RIGHTS THEREUNTO APPEARING. 13 14 Tax ID#: 1403-130-0001-0OOR 15 16 Location: 6600 North Highway A1A, St. Lucie County, Florida 17 la C. The approvals granted by this Growth Management Order shall expire on June 8, 2011, unless an 19 extension is granted in accordance with the provisions of Section 11.02.06 (B)1 of the St. Lucie 2 o County Land Development Code. 21 2z D. The Minor Site Plan approval granted under this Growth Management Order is specifically z 3 conditioned to the requirement that the petitioner, G & G /Aqua III, LLC., including any successors in 24 interest, shall obtain all necessary development permits and construction authorizations from the z5 appropriate State and Federal regulatory authorities including, but not limited to; the United States 26 Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida 27 Water Management District, prior to the issuance of any local building permits or authorizations to 2e commence development activities on the property described in Part "B." 29 3o E. A copy of this Order shall be attached to the site plan drawings described in Part "A," and shall be 31 placed on file with the St. Lucie County Growth Management Director and copies mailed, return 32 receipt requested to the developer and agent of record as identified on the site plan applications. 33 34 F. The Certificate of Capacity, attached as Exhibit "A,° shall be valid for the same period as this order. If 35 this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. 36 37 G. The conditions set forth in Part "A" are an integral non-severable part of the site plan approval as 3a granted by this Order. If any condition set forth in this Order is determined to be invalid or 3 9 unenforceable for any reason and the developer declines to comply voluntarily with that condition, the 4o site plan approval granted by this Order shall become null and void. 41 4z H. This order shall be recorded in the Public Records of St. Lucie County. 43 44 45 46 47 48 49 50 51 File No.: MNSP-06-005 GM Order 09-002 June 8, 2009 Page 4 1 ORDER effective the 8~' day of June 2009. z 3 4 GROWTH MANAGEMENT DIRECTOR 5 ST. LUCIE COUNTY, FLORIDA 6 7 8 9 BY to Mark Satterlee, AICP 11 12 13 14 APPROVED AS TO FORM 15 AND CORRECTNESS: 16 17 18 19 '11r~_~ 20 County Attorney 21 22 23 24 2 5 as 26 G:1Planning\PROJECT FILES1Summer Wind MNSP 06-005\GM ORDER\Summer Wind GM 09-002 File No.: MNSP-06-005 GM Order 09-002 June 8, 2009 Page 5 u u E IB1T St Lucie County Certificate of Capacity Date 6/8/2009 Certificate No. 2794 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor Site Plan Number of units 7 Number of square feet 2. Property legal description 8~ Tax ID no. 1403-130-0001-0007 6600 N Hwy AlA, St. Lucie County Summer Wind Summer Wind 3. Approval: Building Resolution No. Letter 4. Subject to the following conditions for concurrency: Owner's name G & G/ Aqua III, LLC Address 8756 Lewinsville Road McLean VA 22102 6. Certificate Expiration Date This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed Date: 6/24/2009 Growth Management Director St Lucie County, Florida Wednesday, June 24, 2009 Page 1 of 2 ~ ~ ~~~""g` AGENDA REQUEST ITEM NO. VI-Bb DATE: September 22, 2009 ® REGULAR [ J © ~ ® PUBLIC HEARING [ '1 CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County A#torney Jo Ann Riley Property Acquisition Manager SUBJECT: Indian River Estates MSBU -Master Meter Parcel I,D. No. 3402-604-0055-000-7 City of Port St. Lucie Utility Easement and Temporary Access and Construction Easement BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: On December 10, 2002, the Board of County Commissioners created the Indian River Estates MSBU, On December 18, 2007, the Board of County Commissioners approved the Contract for Sale and Purchase to acquire the property for the Master Meter. March 11, 2008, the Board of County Commissioners approved a 900 square feet Utility Easement in favor of Fort Pierce Utilities Authority. RECOMMENDATION: Staff recommends that the Board approve the Utility Easement and Temporary Access and Construction Easement in favor of the City of Port St. Lucie, authorize the Chair to execute the Utility Easement and Temporary Access and Construction Easement, authorize acceptance of a check from the City of Port St. Lucie for $3,951.00 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals yc~--~ [x] County Attorney: 'L'ye' f [ J Road and Bridge: [x] County Engineera~''~~~~ Daniel 9'. McIntyre [x] Originating Dept: ~f~`,~-- [ ]Mosquito Control: [ ]Environmental: JoAnn Riley S:\ACQ\WP\JOAnn\Indian River Estates Master Meter\PSL Easement Agenda Request.wpd f1 g INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA o TO: Board of County Commissioners FROM: Jo Ann Riley, Property Acquisition Manager DATE: September 22, 2009 SUBJECT: Indian River Estates MSBU -Master Meter Parcel I.D. No. 3402-604-0055-000-7 City of Port St. Lucie Utility Easement and Temporary Access and Construction Easement BACKGROUND: On December 10, 2002, the Board of County Commissioners created the Indian River Estates MSBU. On December 18, 2007, the Board of County Commissioners approved the Contract for Snle and Purchase to acquire the property for the Master Meter. On March 11, 2008, the Board of County Commissioners approved a 900 square feet Utility Easement in favor of Fort Pierce Utilities Authority (FPUA) for the installation of n Master Meter. The City of Port St. Lucie has requested a Utility Easement and Temporary Access and Construction Easement to loop their recently completed 12" water line on the South side of Easy Street. The County purchased the subject parcel on January 15, 2008 for $55,000, or $3.08 per square foot. Daniel D. Fuller, MAI, the County's independent appraiser, has stated the value of the Easement is in the range of 50% or $1.54 per square foot. The City of Port St. Lucie is prepared to pay the County $3,951.00 or approximately $1.55 per square foot for the Easement. We have attached the Utility Easement and Temporary Access and Construction Easement along with the sketch and legal descriptions for your review and approval. The County Engineer has no objections to granting the proposed Easement and Temporary Access and Construction Easement. RECOMMENDATION: Staff recommends that the Board approve the Utility Easement and Temporary Access and Construction Easement in favor of the City of Port St. Lucie, authorize the Chair to execute the Utility Easement and Temporary Access and Construction Easement, authorize acceptance of a check from the City of Port St. Lucie for $3,951.00 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, l,t,k-,.. ~,t. Jo Ann Riley Property Acquisition Manager 5:\ACQ\WP\JoAnn\Indian River Estates Master Meter\PSl Easement Agendo Memo.wpd _ i _ _ _ BANANA LN J ~ d _ a I ~ o _ _ _ _ F Z W K ~ W J a I I ~ j ~ _ li ~ ~ ~ _ , - - c~ ~ I ' w - ~ i ~ ~ II ~ i _ _ - - - _ 6. 'AO EASY ST r - - - - _ . _--r---- - - I i _ _ _ _ __SAEGER AVE..... - ~ _ Q L . _ - - - - ~ _ - ------T~ N ~ I W - ~i~. ~ 3 - _ f-~ ~ ~ a'!4 . ~ .air ~ 4, _ 4~ 1 - ~ ~ ~ _ I h " _W :q PP 'mss ~ ` ° i 6'E' E~ a E; - ~ ~ ~ ~.ai-. ~ ~ _ ~ ~ ~ ~ . ~ ~ nip _ _ _ t - - ~ F - - ~ _ ~ , _ _ _ ~ ~ - . i v~- . ~ ~ z _ - _ - . 3„ - ~ - ~ ~ t - ti - 1L s ' .-t ~ x i" R; ~ ,~~oRrs? CITY OF PORT ST. LUCIE UTILITY SYSTEMS DEPARTMENT 900 SE Ogden Lane Port St. Lucie, FL 34983 (772) 873-6400 ~<ORtDP' (772) 873-6405 Fax Jesus A. Merejo, Director April 20, 2009 Michael V. Powley, P.E., County Engineer St. Lucie County Engineering Division 2300 Virginia Avenue 2"d Floor Annex, Room 229 Ft. Pierce, FL 34983-5652 RE: North US #1 Utility Extensions /Parcel #1 Easement Dear Mr. Powley, As you know, the City of Port St Lucie is planning to loop the recently completed 12" water line on Easy Street, south on US #1 to the City's existing line, just south of Kitterman Road. The proposed route takes the water main on the west side of Parcel #1 on Easy Street, which is owned by the County. Enclosed are the permanent and temporary construction easements for the County's execution. The easement language mirrors the one the County granted to FPUA for the Master Meter Station, located on the same parcel. We have included a copy of the FPUA easement, for your reference. We are requesting that you process these easements and return to us so that we can proceed with Phase 2 of the project. We will be having the executed documents recorded and will provided copies to you following recording. Please let me, or Denise Burton from our office, know if you have any questions. Ms. Burton can be reached at 807-4414 while I can be reached the number shown in the letterhead. Thank you far your assistance in this matter. Sincerely, ~ - Jesus Merejo , Enclosures c: Laney Southerly, PE, Engineering Manager ' Denise Burton, PE, Projec~,.Manager Steven Doyle, PE, Culpepper &Terpening ~ File: 21.0007 ' y. k. _ y i i _ Prepared by and return t0: EASEMENT Port St. Lucie Utility Systems Dept. 900 SE Ogden Lane, Port St. Lucie, FL 34983 PROPERTY APPRAISERS PARCEL ID (FOLIO) NUMBER(S): 3402-604-0055-000-7 `Kj10'W f1a~C1i ~ ~e ~PI'CSBIitS, that the undersigned, ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby conveys and grants to the City of Port St Lucie, Florida, (located at 121 SW Port St. Lucie Blvd., Port St. Lucie, FL 34982), a municipal corporation under the laws of the State of Florida, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of their municipal-owned water, sewer, and reclaimed water utilities, in, under, upon, along, over and across the following- described land in St. Lucie County, Florida, to wit: See attached Utility Easement Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said utilities. Patrolling said easement shall not constitute grounds for a claim for damage. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, trut no buildings or structures shall be erected or placed on said strip of land by GRANTORS. The rights herein granted may be assigned in whole or in part. The GRANTEE will indemnify and save the GRANTOR harmless from any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the GRANTEE in the installation, maintenance, operation, repair, replacement or renewal of said utilities and the equipment and facilities connected therewith, over and across said strip of land. Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the CITY OF PORT ST. LUCIE under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768.28, Florida Statutes, as that section existed at the inception of this Contract, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $100,000.00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200,000.00 as the result of all claims and judgments arising out of the same incident or occurrence. The GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this easement. In Witness Whereof, the GRANTOR has caused these presents to (Corporate Seal) be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized this day of 2009. ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Grantor DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SIGNED, SEALED AND DELIVERED IN OUR PRESENCE AS WITNESSES: Witness Signature Paula Lewis, Chair 2300 Virginia Avenue Fort Pierce, Florida 34982 Printed Witness Signature Witness Signature APROVED AS TO FORM AND CORRECTNESS: Printed Witness Signature Daniel S. McIntyre, County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE I hereby certify that on this day before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Paula Lewis known to me to be the Chair, and the Deputy Clerk of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that they acknowledged executing the same for such entity, freely and voluntarily, under authority duly vested in them by said entity, and that the seal affixed thereto is the true department seal of said entity, the I relied upon the following form of identification of the above-named person: Florida Drivers License, and that an oath was not taken. RUBBER STAMP NOTARY SEAL Witness my hand and official Seal in the County and State last aforesaid this _ day of , A.D. 2009. Notary Signature Notary's Printed Signature LEGAL DESCRIPTION A 10.00 FOOT WIDE PARCEL OF LAND LYING 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE AND LYING IN LOT 1, BLOCK 16, INDIAN RIVER ESTATES UNIT 3, AS RECORDED IN PLAT BOOK 10, PAGE 47, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL; THENCE N89'S2'22"E, ALONG THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL N0.23 (A 92.00 FOOT RIGHT-OF-WAY), A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE N00'10'40"W A DISTANCE OF 228.02 FEET, THENCE N44'S6'35"E A DISTANCE OF 25.15 FEET TO THE POINT OF TERMINATION, SAID POINT BEING THE TERMINATION OF THE 10.00 FOOT WIDE EASEMENT. CONTAINING 2,532 SQUARE FEET, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS SEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR ~ EASEMENTS OF RECORD. s M a g e „ ` a I I a ~F ~ k S T ~///J I b Jam A. Fowler Signature Date LL Prof ssional Surveyor and Mapper ` j Florida Certificate No. 3435 sheet ~ of 2 I I File: 08-237s&d CULPEPPER ~ TERPENING, iNC I T DESCRIPTION ue-sic-3.dw W g CONSULTING ENGINEERS ~ LAND SURVEYORS aF Date: 7-13-2009 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 1 UTILITY EASEMENT PHONE 772-464-3537 FAX 772-464-9497 wunz~.ct-eng.cotn s Tech: GLM 51'ATE OF FLORIDA CERTIFICATION No. LB 4286 , d a SKETCH TO ACCOM PAN Y ~ w LEGAL DESCRIPTION TiiIS IS NOT A SURVEY N89'52'00"E EASY STREET_ 80.00' RIGHT-OF-WAY POT 72. oo' N 89'52' 00"E N 44'56'35"E 25.15' GRAPHIC SCALE so 0 2s so M i m~ti - so a I zo ~ •r o xk'a O U ~ Z ~ m~0~ 0 TRACT B. BLOCK 16 p q LOT 2, BLOCK 16 N OQ'm O I o ~ ~ Q~ rv_ o_ O fv Z A a UE =UTILITY EASEMENT v i ~ M 5.00' ~ j m BEARINGS SHOWN HEREON ARE ASSUMED AND 5,00' RELATIVE TO THE CENTERLINE OF EASY STREET I ~ HAVING A BEARING OF N89.52'00"E I = 10.00' UE ~ POC °6 SW CORNER POB M " LOT i m O N89'52'22"E 0 5.00' x NORTH ST. LUCIE RIVER ~YATER CONTROL DISTRICT CANAL N0. 23 sheet 2 of z m m N SKETCH OF DESCRIPTI~1 File: 08-2375&d CULPEPPER TERPENiNG, INC r IU ue-slc-3.dwg CONSULTING ENGINEERS ~ IAND SURVEYORS OF Date: 7-13-2009 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 8 UTILITY EASEMENT PHONE 772-4~w3 t~7 FLAX 772-4G4-9497 " Tech: GLM 2 SPATE OF FLORIDA CGRTIFICAT]ON No. LB 4286 a a • Prepared by and return L0: TEMPORARY ACCESS S~ CONSTRUCTION EASEMENT ' Port St. Lucie Utility Systems Dept. 900 SE Ogden Lane, Port St. Lucie, FL 34983 PROPERTY APPRAISERS PARCEL ID (FOLIO) NUMBER(S): 3402-604-0055-000-7 xnowACC~Ken 6y 27'tese 4'resents, that the undersigned, ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby conveys and grants to the City of Port St. Lucie, Florida, (located at 121 SW Port St. Lucie Blvd., Port St. Lucie, FL 34982), a municipal corporation under the laws of the State of Florida, the privilege and temporary access and construction easement for the purpose of access to and installation of public utility improvements, in, under, upon, along, over and across the following-described land in St. Lucie County, Florida, to wit: See attached Temporary Access and Construction Easement Premises Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation of said utility improvements. Patrolling said easement shall not constitute grounds for a claim for damage. This Temporary Access and Construction Easement shall expire one year from the date of execution or upon completion of the public utility construction, whichever occurs first. The GRANTEE will indemnify and save the GRANTOR harmless from any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the GRANTEE in the installation, maintenance, operation, repair, replacement or renewal of said utilities and the equipment and facilities connected therewith, over and across said strip of land. Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the CITY OF PORT ST. LUCIE under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768.28, Florida Statutes, as that section existed at the inception of this Contract, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $100,000.00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200,000.00 as the result of all claims and judgments arising out of the same incident or occurrence. The GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this easement. In Witness Whereof, the GRANTOR has caused these presents to (Corporate Seat) be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized this day of 2009. ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Grantor DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SIGNED, SEALED AND DELIVERED IN OUR PRESENCE AS WITNESSES: Witness Signature Paula Lewis, Chair 2300 Virginia Avenue Fort Pierce, Florida 34982 Printed Witness Signature Witness Signature APROVED AS TO FORM AND CORRECTNESS: Printed Witness Signature Daniel S. McIntyre, County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE I hereby certify that on this day before me, an offcer duly authorized to administer oaths and take acknowledgments, personally appeared Paula Lewis known to me to be the Chair, and the Deputy Clerk of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that they acknowledged executing the same for such entity, freely and voluntarily, under authority duly vested in them by said entity, and that the seal affixed thereto is the true department seal of said entity, the I relied upon the following form of identification of the above-named person: Florida Driver's License, and that an oath was not taken. RUBBER STAMP NOTARY SEAL Witness my hand and offcial Seal in the County and State last aforesaid this _ day of , A.D. 2009. Notary Signature Notary's Printed Signature LEGAL DESCRIPTION A 8.00 FOOT WIDE PARCEL OF LAND LYING 4.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE AND LYING IN LOT 1, BLOCK 16, INDIAN RIVER ESTATES UNIT 3, AS RECORDED IN PLAT BOOK 10, PAGE 47, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL; THENCE N89'52'22"E, ALONG THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL N0.23 (A 92.00 FOOT RIGHT-OF-WAY), A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE N00'10'40"W A DISTANCE OF 223.87 FEET, THENCE N44'56'35"E A DISTANCE OF 31.03 FEET TO THE POINT OF TERMINATION, SAID POINT BEING THE TERMINATION OF THE 10.00 FOOT WIDE EASEMENT. CONTAINING 2,039 SQUARE FEET, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR ~ EASEMENTS OF RECORD. Q e a r v D_ T O n U d O H h V D J T d ~ Jame ' A.. Fowler ~ Signature Date L Professional Surveyor cnd Mapper Florida Ceri:ificate Na. 3435 Sheet 1 of 2 - DcG•^['fl~~~\1 File: OS-237s&d CULPEPPER b~ TERPENING, INC L L.J~.r[~ FV tce-slc-5.dwg CONSULTING ENGINEERS ~ LAND SURVEYORS OF Date: 9-16-2009 2980 SOUTH 25th STREET TEMPORARY CONSTRUCTION PHONE 772I 64 353E Ft1~~77234G89497 D EASEMENT Tech: GLM www•ct-eng.com o STATE OF FLORIDA CERTIFICA:~"ION No. LB 4286 i i SKETCH TO ACCOMPANY LEGAL DESCRIPTION TriIS IS NOT A SURVEY Ns9'S2'oo"E EASY STREET_ 80.00' RIGHT-OF-WAY POT N 44'56'35"E 31.03' GRAPHIC SCALE 50 0 25 50 M (III !'EE7') n 1 1ncIl - 60 ft I Z ~ ~W f0 ~ ~WQ ~ UQa O ~ ~ Ow0 m TRACT B, BLOCK 16 ~ ~ o LOT 2, BLOCK 16 o~m W J H W Q a v O Z z UE = UTILITY EASEMENT r BEARINGS SHOWN HEREON ARE ASSUMED AND 4.00' RELATIVE TO THE CENTERLINE OF EASY STREET 4.00' HAVING A BEARING OF N89'S2'00"E n 8.00' U E POC POB ' SW CORNER l0T 1 - N89'S2'22"E 14.00' NORTH ST. LUCIE RIVER WATER J CONTROL DISTRICT CANAL N0. 23 Sheet 2 of 2 SI'i~TCH OF DESCRIPTION File: 08-237s&d CULPEPPER ~ TERPENING, INC ` tce-slc-5.dwg j s CONSULTING ENGINEERS I LAND SURVEYORS OF Date: 9-16-2009 2980 SOliTH 25Th STREET ~ ~ tt IP~RARY CONSTRUCTION FORT PIERCE, FLORIDA 3}981 ~ 1~ PHO1~~E 772-4C-~-3537 Fr1Y 772--IG4-949 7 ~tilcw.ct-eng.com EASEMENT Tech: GLM STATE OF FLORIDA CERTIFICATION No. LB 429E CULPEPPER ~ TERPENING, INC CONSULTING ENGINEERS LAND SURVEYORS tirnder's Email: ~do~ Ir~rUct-enp.n)m July 13th 2009 Job 08-237 VIA: HAND DELIVER Mrs. Denise Burton, P.E. Project Manager, Utility Engineering Division Port St. Lucie Utilities Systems Department 900 S.E. Ogden Lane Port St. Lucie, FL 34983 RE: North U.S. 1 Utility Main Extension -Phase II Parcel I . D . 34 02-604-005 5-000 / 7 Dear Ivis. Burton: As per our weekly progress meeting held on July 9th, 2009 please accept this letter as a professional recommendation on how to proceed with the St. Lucie County owned parcel referenced above for the purpose of acquiring a utility easement. Our office has reviewed potential confliccs that may occur as a result of the installation of a 12-inch watermain through this property and have determined that a 10-foot easement on the western property line with a 45-degree bend would work best (please see enclosed Sketch & description). Such an easement would meet installation criteria and provide sufficient room for a future force main if desired. This easement would encompass approximately 2,549 SF. Based on the purchase price of the parcel and the County's historical approach to placing an easement value at fifty percent (50%} of this value, the cost for the requested easement would be $3,951.00 or approximately $1'.55 per square foot. Therefore it is our recommendation that the City pursue the 10-ft wide utility easement described above. We have attached a copy of the sketch and legal description of this easement for your reference. As always, should your office need any additional information, please feel free to contact us. Sincerely, CUL EPP R &TERPENING, INC. Ste en J. Doyl , P.E Di ision Manager, ' ' es S :rc Attachment Cc: w/ attachment: Lane}' Southerly, P.E., Engineering 1lfanager - C:\UOCl11fi-t\rcabrr:aV.Ck:.V i-I\-Cclnp`J iIJ~GH\OR-2371'SLCiU 03f1, Burton, Rind I Ree~unmrnd.vion !Dralt).doc A LEGACY OF EXPERTISC AND ExC ELLE NCE 2980 SOUTH 25TH STREET P7. PIERCE. FL 3498 1 !772) 464-3537 PAX. 72~ 464-9497 e . 0 1 ~ • t • • t I • • • • ~ C _ 71 Il 1 CfTY OF PORT ST. LUCIE.-. ~ r; * • ~ Vendor Check'. Check 63Ar63o . BANK OF AMERICA ~ Number Date Number 121 SW PORT ST. LUC1E. BLVD ~ 1070 08!26/2009 171948 PORT ST. LUCIE, FLORIDA 34984 CONCENTRATION ACCOUNT + r ~'n ~ I ` ~ $3,951,.00 ;Pay~~***'3 9.5;1 DOLLARS AND NO CENTS To The' L: s n / J,O~denbf ' k` /Jt~7~:.~/GO'~.. rCJ BOARD OF COUNTY COMMISSIONERS/S, L.C yr--.. Author' Signature 2300 VIRGINIA AVENUE ' ~ ~ ; ~ FORT PIERCE FL34982=5632 ~ ~ ' - j f h-. . t V,~.. It - 1 'r j,~~ Authortzed Signature '',.~......._.MP . i II'L7i9481?' ~:063D00047~: 22700107L8~~' i I i,.. t, 1 sl i i ~ ~ 1t~ _ ~ d' t~ r i .l ~ ~~:5 k4. - h ?it ~ ) - = ~a y I V0~ ;i ~ ~i 1r3+~ a 4 ~"'i ' a bP1"~'e 0 N e a P +o ~ Net Invoil;~ "`rr~oun 07/23/09 EASEMENT`; ~ ~ 3~1~~7 12"~UUATERNIAIN EXTEASY,ST 3 ~+~1:00 ~i t ~ a~ t ~~f i i F~\o~i~'t ti~ t,~~. taA ~ ~i ~ it r ~ efL t ~ a - i 4 dw t~ Yx'x ~ U k5 Pi ~ ! t s d~ w i~ ~ i t `4 t ° i ' ~ilT~` tai sr~+P f s ~ r p4y ~ ! k , t ~ ~ ilt~t~•v5 ~ - S ? k x s ,~.~y1 a..~~~~~-Lx ~ C! r 3 1r t ~ ~ try h"~"~a\ lh~~-E+~~ Nr~~t~~ a ~~~ti"E~stsa { t:. iV"', ~ } i u N s'~+tit ~ r,.r x~` ~jk' ,~j .~t~'~`~ - ~a rdk 4+~"'~ ~ r 1 ~ 4 ~ K , ~ ~ r ~ Ir~ S, ~ 't ~t T;'k . 4 !y'~Pr.~.- 7 ti ' . 5, _ - t G, ~ I b h~ ~I ~~-s ~r~'•A ~~;5 ~4 I ~ t 4~ SC7 ~i - ~~~rr4 ~ : i3' ~ ~~i ~ti~t:• '~~1~k ~ ~z c 1 '~t't~ ~'i R S ~ tti ~ I y Y 5 h1 ~ M1 ~ tit ~ r > i i t': - a ~ ~ s _ h ~ j~ ~ '.1 1. l ! - _ i ] _ - . b ' rrJ...'.'~`~It w Ule~,t~o rn ~yiec~, Nn~ •e e._ c , mo. r , i~ 3I 1'070- ,BOARD OF COUNTY~COMMISSIONERS/S~L'C 179948 ~08/26I2009,`F ~ '"$3;9b11.00. ~ ' t,~ . ~ s~ _ { ~ ~ Yl l ~ ~t ~ i 1~ x 1 - C ` U l _ _ - '1. CCf C '.i e I ~ U F 0 ' 1 Q ' u FULLER-ARMFIELD-WAGNER Ayyraisal & Research, Inc. Daniel D. Fuller, MAI, SRA 120 N. Second St. Phone (772) 468-0787 St. Cert. Gen. REA RZ567 Ft. Pierce, FL 34950 1-800-273-7364 FAW_app@bellaouth.net Faz (772) 468-1103 June 16, 2009 Ms. JoAnn Riley, Property Acquisitions Manager St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 RE: Indian River Estates -Unit 03, Block 18, Lot 1, Tax parcel # 3402-604-0055-000/7 Dear Ms. Riley: As requested, I have inspected the referenced property and I have investigated the property's market segment, this to provide you my opinion of the effect on market value of the fee simple interest for a proposed easement for utilities along the west 10 feet of the referenced real estate. My date of inspection is June 16, 2009. My opinion of value is presented in a Restricted Use report format and complies with the reporting requirements set forth under Standards Rule 2-2(c) of the Uniform Standards of Professional Appraisal Practice (USPAP) for a Restricted Use Report. By presenting my value estimate in a Restricted Use Report format, all of my data and analysis of data is retained in my work file. Because this is a Restricted Use Report format the report should be utilized only by my client, as without proper knowledge of the subject property and a written discussion of the data within my work file, the report and value estimate may not be properly understood by another user. It is also noted that this appraisal is subject to the Limiting Conditions, Extraordinary Assumptions, and Certification which are a part of this report. Valuation Date June 16, 2009, the date of my inspection Date of Appraisal Report June 16, 2009 Purpose of the Appraisal Establish effect on market value of a permanent and perpetual easement to install utilities. Use of the Report / User of the Report Establish value for acquisition negotiations /Client: St. Lucie County Board of County Commissioners Ms. Riley June 16, 2009 Page Two Value Estimated Market Value, as per OfFce of the Comptroller of the Currency under 12 CFR, part 34C. Ownership Rights Appraised Fee Simple Subject's Legal Description The following legal description is from County Property Appraiser data: Lot 1, Block 16, Indian River Estates, Unit 3 (Parent Parcel) HistoN of Subiect (Parent Parcel) Ownership St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 St. Lucie County purchased the parent parcel January 15, 2008 at a price of $55,000 or $3.08~per square foot. The next most recent sale occurred March 2, 2007, including adjacent commercial zoned land, closed at $185,000. The subject is not listed for sale. The subject is not leased. Use of the Real Estate -Parent Parcel Utility meter site. Highest and Best Use -Parent Parcel Residential Identification of Subiect -Parent Parcel Property Type: Vacant residential zoned site Location: South side Easy Street, 141± feet east of U.S. 1 Site Size -Parent Parcel Total land area: .41 acres (72 feet x 245 feet) FULLER :ARMFIELD-WAGNER Ms. Riley June 16, 2009 Page Three Zoning/Land Use Zoning - R-3, residential /Land Use - RU, Residential Urban Utilities Central water service from St. Lucie County or the City or Port St. Lucie. Easement The easement is reported to encumber the west 10 feet of the Parent Parcel, to be used for installation of utilities. Conclusion of Effect on Value The easement lies within the required building side yard setback, thus the area typically has limited use, and although I have not reviewed the easement language, it is assumed the owner of the easement will be able to disturb the area for expansion, updates, and maintenance of the utilities, and the easement is permanent and perpetual; thus the . property owner loses exclusive use of the property as occurs with a fee simple ownership. .While data is thin to measure an effect on the market value of the fee interest, it is my opinion based on expected loss of rights the effect on market value is in the range of 50%. I believe this appraisal and report is complete, but if questions exist please call. Sincerely, Daniel D. Fuller, MAI St. Cert. Gen. REA RZ567 DDF/ asf/commfile/slc Indian River Estates easement value FULLER-ARMFIELD-WAGNER N..~.. - ~ = = AGENDA REQUEST ITEM NO. VI-B-7 • " ~ Date : September 22, 2009 Regular [ ] Public Hearing [ ] Consent [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Bear Point Mitigation Bank -Credit Reservation Agreement with Kiwi Partners, L.L.C. BACKGROUND: See C.A. No. 09-1139 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with Kiwi Partners, L.L.C., and authorize the Chair to sign the agreement. COMMISSION ACTION: CONCURRENCE: pQ APPROVED [ ]DENIED [ ]OTHER: ~-~y Faye W. Outlaw, M.P.A. Approved 5-0 County Administrafior ~j, Coordination/Signatures / County Attorney: ~ Mgt. & Budget: Purchasing: Daniel S. McIntyre Originating Dept.: ~T,~` Other : Other es R. David Finance (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO. Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1139 DATE: September 11, 2009 SUBJECT: Bear Point Mitigation Bank - Credit Reservation Agreement with Kiwi Partners, L.L.C. BACKGROUND: Attached to this memorandum is a copy of a proposed Bear Point Credit Reservation Agreement with Kiwi Partners, L.L.C. The agreement provides for the County to reserve .10 State Credits in the Bank for the proposed development to be known as Kiwi Condominium. As set forth in the agreement, the developer has already paid the twenty-five percent (25%) reservation fee in the amount of two thousand four hundred thirty-seven and 50/100 dollars ($2,437.50). RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with Kiwi Partners, L.L.C., and authorize the Chair to sign the agreement. Respectfully submitted, yam, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Finance Director MITIGATION BANK CREDIT RESERVATION AGREEMENT THIS AGREEMENT made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County"), v~Those address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, and KIWI PARTNERS, L.L.C., a Florida limited liability corporation, ("Developer"), whose address is 1136 New York Avenue, Saint Cloud, Florida 34769. WITNESSETH WHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, WHEREAS, the Developer is the owner of certain property lying in the Bank's Mitigation Service Area, and more specifically described in Exhibit "A," attached hereto and incorporated herein, ("Site"); and, WHEREAS, the Developer intends to develop the Site in a manner consistent with all local, state, and federal regulations; and, WHEREAS, the Developer desires to reserve 0.1 State mitigation credits in the Bank ("Credits") in order to seek the necessary permits for the proposed development of the Site ("Project"); and. WHEREAS, the County is willing to reserve the requested credits pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows 1. The County agrees to reserve 0.1 State Credits for the Project as set forth in this Agreement as set forth in the Reserved Credit Allocation attached hereto and incorporated herein as Exhibit "B. The term of this reservation shall begin on the date first written above and shall continue for a period of two (2) years from the date of this Agreement, subject to extension upon the prior written agreement of the parties. 2. In consideration of such reservation, the Developer has paid the County anon-refundable reservation fee ("Reservation Fee") in the total amount of . two thousand four hundred thirty-seven and 50/100 ($2,437,50) based upon twenty- -1- ~ ~ five percent (25%) of the current price of the reserved Credits upon the date of this Agreement as set forth in the Reserved Credit Allocation. The Developer shall pay the remainder of the Credit purchase price within thirty (30) days of the date of issuance of the permit for which the credits were reserved. Payment shall be delivered to the St. Lucie County Finance Director, 2300 Virginia Avenue, Fort Pierce, FL 34982. Upon payment in full of the Reservation Fee, the County shall issue a written receipt to the Developer acknowledging such payment. In the event the remainder of the Purchase Price is not paid in full within thirty (30) days of the due date specified herein, this Agreement shall be null and void and the County shall make the above"referenced Credits available to other parties. 3. It shall be the responsibility of the Developer to provide the regulatory agencies with a copy of the receipt or other acceptable proof (i.e. fully executed reservation agreement) indicating reservation of the Credits. 4. In the event the permits for the Property are issued, the parties shall enter into a Mitigation Bank Credit Purchase Agreement for the Credit purchase in full of the required number of Credits. The amount of the Reservation Fee shall be credited against the Credit purchase price. Ir. the event the permits for the Project are not issued, the County shall retain the Reservation Fee and the Developer shall have no claim against the County for the Reservation Fee or the reserved Credits, and the County shall make such Credits available to other parties. 5. Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Developer and the County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 5. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 6. This Agreement constitutes the entire agreement between the parties -2- . with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. 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. 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 WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. BOARD OF COUNTY COMMISSIONERS ATTEST= ST. LUCIE COUNTY, FLORIDA BY= DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS= COUNTY ATTORNEY ATTEST KIWI PART RS, L.L. BY= ~ SEC T Y PRES -ENT (SEAL) g \atty\forms\bearpt.kiwi.reserve.wpd -3- EXHIBIT "A" LEGAL DESCRIPTION OF PROJECT SITE Lots 20 and 31, Black 16, Revised Map, Fort Pierce Beach, according to the plat thereof recorded in Plat Book 8, Page 29, of the Public Records of St. Lucie County, Florida. -4- i 1 EXHIBIT "B" RESERVED CREDIT ALLOCATION State Credits Reservation Price Total Price 0.1 $2,437.50 $9,750.00 -5- l~ ~ ~ - ~ ~ - - ~ AGENDA REQUEST ITEM NO. VI-B-8 ~ - " Dnte: September 22,2009 ~ ' ~ Regular [ ] Public Hearing [ ] Consent [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Sustainable Resources International, Inc. -Second Amendment to Lease Agreement BACKGROUND: See C.A. No. 09-1162 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A `„ECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Second Amendment to the Lease Agreement with Sustainable Resources International, Inc., and authorize the Chair to sign the Second Amendment. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: ~ Mgt. & Budget: Purchasing: Daniel 5. McIntyre Originating Dept.: Other : Other Diana Lewis °~inance (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1162 DATE: September 15, 2009 SUBJECT: Sustainable Resources International, Inc. -Second Amendment to Lease Agreement BACKGROUND: Attached to this memorandum is a copy of the proposed Second Amendment to the September 15, 2008 Lease Agreement between the County and Sustainable Resources, Inc. ("SRI") for property at the St. Lucie County International Airport. The lease provides for SRI to commence an aquaculture operation on the site within six months. On June 23, 2009, the parties entered into a First Amendment which extended the commencement date for an additional six (6) months to September 15, 2009. SRI has requested that the commencement date be further extended due to economic conditions and permitting delays. Attached to this memorandum is a copy of a proposed Second Amendment which extends the commencement date to March 15, 2010. In addition, the amendment also clarifies that the annual rental rate adjustment based on the Consumer Price Index will never result in a rental rate less than the original rental rate. It should be noted that although SRI has not commenced operations on the site, it is current on its rental payments. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Second Amendment to the Lease Agreement with Sustainable Resources International, Inc., and authorize the Chair to sign the Second Amendment. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ w f ~ Copies to: County Administrator Airport Director Finance Director Management and Budget Director ``r n SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and SUSTAINABLE RESOURCES INTERNATIONAL, INC., a Maryland corporation, ("Lessee"). WHEREAS, on September 15, 2008, the parties entered into a lease agreement ("Lease") which provided for the Lessee to lease certain property owned by the Lessor at the St. Lucie County International Airport for an aquaculture operation; and, WHEREAS, the Lease provides for the Lessor to commence operations on the leased premises within six (6) months of the commencement date of the Lease; and, ~.i~ WHEREAS, on x, 2009, the parties entered into a First Amendment to the Lease which extended the date for commencement of operations for six (6) months due to economic conditions; and, WHEREAS, the Lessee has requested the date for commencement of operations be further extended for an additional six (6) months due to economic conditions and permitting delays; and, WHEREAS, it is also necessary to amend the Lease to clarify the process for calculating the annual rental rate adjustment. NOW, THEREFORE, it is agreed between Lessor and Lessee as follows: 1 ~ I 1. Paragraph 2, PURPOSE, of the Lease is hereby amended to read as follow: 2. PURPOSE. Lessee agrees to use the premises for an aquaculture operation. On or before S_~+_...'~_~ March 15, 2010 ("commencement date"), the Lessee shall commence operations on the leased premises. Failure to commence operations within such period shall be considered a default under Paragraph 16 of this Lease. The use of the leased premised by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Lessor, the Federal Aviation Administration or its successor agency, or by St. Lucie County, the State of Florida or any other federal, state, or local agency having jurisdiction over the operations of St. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor, including but not limited to the Airport Leasing Policy, a copy of which is attached hereto and incorporated herein as "Exhibit "B," as may be amended from time to time. 2. Paragraph 11, RENT, SECURITY DEPOSIT, RENT CREDIT, AND ANNUAL ADJUSTMENT, is hereby amended to read as follows: 11. RENT SECURITY DEPOSIT RENT CREDIT AND ANNUAL ADJUSTMENT. Lessee shall pay as rent for the leased premises the sum of three thousand two hundred ninety-one and 67/100 dollars ($3,291.67) per month, plus all applicable sales, use, and like ~ taxes. Subject to the rent credit provision set forth below, the monthly rental payments shall be due on the first day of the month. On the commencement date, Lessee shall pay a security deposit in the amount of nine thousand eight hundred seventy-five and 01/100 dollars ($9,875.01). Such deposit shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shall be by check made payable to "St. Lucie County" and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all applicable sales tax imposed by federal, state and local governments. Beginning upon the commencement of the second year of the Lease and continuing each year thereafter, the Annual Rent shall be adjusted in accordance with the provisions hereinbelow. Said adjustments shall be computed one (1) month prior to the end of the preceding Term, or Renewal Term, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The adjusted Annual Rent for the applicable Term or Renewal Term shall be determined by multiplying the Annual Rent then in effect for the Term of this Lease by a fraction, the numerator or which is the Consumer Price Index (All Items and Major Group Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as of three (3) months prior to the expiration of the Term, or the Renewal Term, as the case may be, and the date of commencement of 2 r this Lease. Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following the aforementioned calculation date. In no event shall the adjusted rental rate be less than the initial rental rate If the Lease Term commences on a date other than the first day of a month, Lessee is obligated to advance its first payment of gross monthly rent on a pro-rata basis, computed based upon the number of days remaining the month of commencement divided by the total number of days in the month of the Lease's commencement. IN WITNESS WHEREOF, Lessee has executed this Second Amendment to Lease Agreement on this day of , 2009. ATTEST: SUSTAINABLE RESOURCES INTERNATIONAL, INC. BY: SECRETARY PRESIDENT (SEAL) STATE OF ) ss COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared , being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this day of , 2009. Personally Known _ Produced Identification _ Notary Public Type of Identification Produced State of Florida My Commission Expires: 3 IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this day of , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA ) ss COUNTY OF ST. LUCIE ) BEFORE ME, the undersigned authority, personally appeared PAULA A. LEWIS, Chair of the St. Lucie County Board of County Commissioners, being duly sworn, deposes and says that she has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed on this day of , 2009. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification Type of Identification Produced: G~\ntty\agreement\lease\SRI.SeaArk.2a.doc 4 AGENDA REQUEST ITEM NO. VI-B-9 DATE: September 22, 2009 J - ~ REGULAR ~ r PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 09-284 -Authorizing Term Loan to Provide Permanent Financing for Harmony Heights MSBU Special Assessment Project BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09- 284 and authorize the Chair to sign the Resolution. COMMISSION ACTION: CONCURRENCE: [ICJ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator t-~ Review and Approvals p County Attorney: Management & Budget Solid Waste Dir.: Daniel S. McIntyrz Originating Dept. Public Works Dir. County Eng.: Finance; (Check for copy only, if applicable) Eff. 5/96 Br ant Y Miller Attorneys at Law ~ j lUl North Monroe Street 1 ~ ? e Suite 9UU Tallahassee, FL 32301 Te1850.222.8611 Fax 850.222.8969 . MEMORANDUM TO: Chair and Members of the Board of County Commissioners of St. Lucie County, Florida FROM: Bob Reid DATE: September 16, 2009 RE: Resolution No. 09-284 Authorizing Term Loan to Provide Permanent Financing For Harmony Heights MSBU Special Assessment Project The attached resolution provides for approval of a bank loan (the "Loan") from SunTrust Bank, and the issuance of a bond in connection with the Harmony Heights Municipal Services Benefit Uriit. The loan, in the principal amount of $1,250,000, will refinance the outstanding interim loan from the line of credit by SunTrust and used to finance the acquisition and construction of water improvements within the Harmony Heights MSBU. The documentation for the Loan consists of a Loan Agreement between the County and SunTrust Bank similar in form to documentation previously approved by the Board for take-out loans for other MSBU financings. Security for the loan will be the special assessments levied against the benefited property in the Harmony Heights MSBU. Neither the faith and credit nor taxing power of the County will be pledged. Closing of the loan is scheduled to occur on or about September 23, 2009. cc: Daniel S. McIntyre, County Attorney Faye W. Outlaw, MPA, County Administrator Barbara Guettler, MSBU Coordinator Joseph E. Smith, Clerk of the Board Marie Gouin, Management and Budget Director Jay Glover, Public Financial Management Atlanta Jacksonville Miami Orlando ~ Tallahassee Tampa ~ Washington, D. C. RESOLUTION N0.09-284 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPLEMENTING RESOLUTION NO. 94-196; PROVIDING FOR THE BORROWING OF $1,250,000 TO REFUND AMOUNTS PREVIOUSLY DRAWN UNDER A SUNTRUST LINE OF CREDIT TO FINANCE THE COST OF WATER IMPROVEMENTS WITHIN THE HARMONY HEIGHTS MUNICIPAL SERVICES BENEFIT UNIT IN THE COUNTY AS PREVIOUSLY AUTHORIZED BY THE BOARD; PROVIDING FOR A TERM LOAN FROM SUNTRUST BANK TO THE COUNTY IN SUCH PRINCIPAL AMOUNT PURSUANT TO THE COMMITMENT OF SUNTRUST DATED JUNE 9, 2006; PROVIDING FOR THE ISSUANCE OF A $1,250,000 SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2009A (HARMONY HEIGHTS MSBU), AS EVIDENCE OF THE COUNTY'S OBLIGATION TO REPAY SUCH TERM LOAN; PROVIDING FOR THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE COUNTY AND THE BANK CONTAINING TERMS AND CONDITIONS RELATING TO SUCH LOAN; PROVIDING FOR THE PAYMENT OF THE BOND FROM CERTAIN PLEDGED REVENUES, INCLUDING SPECIAL ASSESSMENTS; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE BOND AND THE LOAN AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Act, Section 5.01(F) of the Master Resolution and Resolution No. 06-264, adopted on August 22, 2006 (the "Commitment Resolution"), and is supplemental to the Master Resolution and the Commitment Resolution. Section 2. Definitions. The following terms shall have the following meanings when used in this resolution unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Master Resolution or the Loan Agreement. "Act" means Chapter 125, Part I, Florida Statutes; County Ordinance No. 87-77, as amended; and other applicable provisions of la~v. "Bank" means SunTrust Bank, a corporation organized and existing under the laws of the State of Georgia, acting through its offices in ti'Vest Palm Beach, Florida. { 5000/99/00379086.DOCv2 } "Board" means the Board of County Commissioners, as the governing body of the County. "Bond Resolution" means, collectively, the Master Resolution, the Commitment Resolution, this resolution and all resolutions amendatory thereof or hereof and supplemental thereto or hereto. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "Clerk" means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. "Commitment" means the commitment submitted to the County by the Bank, dated June 9, 2006. "Commitment Resolution" means Resolution No. 06-264, adopted August 22, 2006, accepting the Bank's Commitment to provide both interim and permanent loans to the County to finance various MSBU Projects. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County. "Harmony Heights MSBU" means the MSBU established pursuant to Resolution No. 04- 140, adopted by the Board on May 4, 2004. "Harmony Heights MSBU Assessment Resolutions" means, collectively, Resolution No. 07- 232, adopted August 7, 2007, approving the preliminary assessment roll, and a resolution to be adopted adjusting and equalizing the final assessments levied against the affected properties. "Harmony Heights MSBU Assessments" means the special assessments levied within the Harmony Heights MSBU pursuant to the Harmony Heights MSBU Assessment Resolutions. "Harmony Heights MSBU Bond" means the Special Assessment Improvement Bond, Series 20O9A (Harmony Heights MSBU), of the County, which shall be in substantially the form attached to the Loan Agreement as Exhibit A. "Harmony Heights MSBU Project" means the water utility improvements within the Harmony Heights MSBU in order to connect the properties to the regional water utility system. "Harmony Heights MSBU Project Costs" means all or a portion of the cost of undertaking the Harmony Heights MSBU Project including, but not limited to: construction costs of the 2 { 5000/99/00379086. DOCv2 } improvements; acquisition of any lands, engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses, capitalization of interest for a reasonable period of time after date of issuance and delivery of the Harmony Heights MSBU Bond, establishment of reasonable reserves for payment of Debt Service; expenses and costs of issuance; reimbursement to the County for any sums heretofore expended for the foregoing purposes; repayment of the advance made under the Line Of Credit; and such other costs and expenses as may be necessary or incidental to the financing or refinancing of the Harmony Heights MSBU Project. "Line of Credit" means the principal amount of $10,000,000 made available by the Bank to the County to finance the engineering and construction of capital projects within municipal services benefit units and approved by the County pursuant to the provisions of the Commitment Resolution, and a Loan Agreement, dated as of September 18, 2006, between the County and the Bank. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means the Loan Agreement between the Bank and the County setting forth the terms and details of the Loan, n1 substantially the form attached hereto as Exhibit A, with such modifications and changes thereto as shall be approved by the Chairman, upon the advice of the County Attorney, such approval to be evidenced by the Chairman's execution thereof. "Master Resolution" means Resolution No. 94-196, adopted on September 20, 1994, as amended by Resolution No. 95-183, adopted on September 5, 1995, and as further amended from time to time. "Paying Agent" means the Clerk of the Circuit Court of the County. "Prior Loan" means the advance of moneys to the County pursuant to the Line of Credit for advances made for Harmony Heights MSBU Project Costs. Section 3. Findings. It is hereby found, declared, and determined by the Board: (A) The County has heretofore authorized (1) the creation of the Hamlony Heights MSBU; (2) the undertaking of the Harmony Heights MSBU Project; and (3) the levy and collection of the Harmony Heights MSBU Assessments, pursuant to the Preliminary Assessment Roll, to pay the Harmony Heights MSBU Project Costs. The final Assessment Roll, equalizing and adjusting the Harmony Heights MSBU Assessments will be adopted on or before April, 2010. The County has outstanding the Prior Loan, the proceeds of which were used to finance Harmony Heights MSBU Project Costs. { 5000/99/00379086. DOCv2 } (B) The County has completed the Harmony Heights MSBU Project and collected prepayments of Harmony Heights MSBU Assessments, and it is necessary to borrow moneys to be applied together with the prepayments of the Harmony Heights MSBU Assessments to repay the Prior Loan and to pay other Harmony Heights MSBU Project Costs. (C) Pursuant to the Commitment Resolution, the Commitment of the Bank to provide permanent financing for MSBU Projects, including the Harmony Heights MSBU Project, has been accepted by the County. (D) It is necessary and desirable and in the best interest of the County to authorize and approve the execution and delivery of the Loan Agreement, the Harmony Heights MSBU Bond, and the taking of all other action in connection with the consummation of the Loan. (E) The Board has accepted the Commitment of the Bank to provide the Loan. Because of the complex nature of the Loan, the Harmony Heights MSBU Bond and the Loan Agreement, the nature of the security for the Loan, and the fact that the Harmony Heights MSBU Bond is not expected to be rated or insured, it is in the best interests of the County to sell the Harmony Heights MSBU Bond to, and to obtain the Loan from, the Bank pursuant to a negotiated placement and in accordance with the terms of the Commitment. (F) The obligation of the County to repay the Harmony Heights MSBU Bond in accordance with its terms and to make the payments required under the Loan Agreement is hereby declared to be and shall be a special, limited obligation of the County, secured solely by the Harmony Heights MSBU Assessments. The obligation of the County to repay the Harmony Heights MSBU Bond in accordance with its terms and to make any other payments, if any, required under the Harmony Heights MSBU Bond or the Loan Agreement shall not be or constitute a general obligation or indebtedness of the County and neither the Harmony Heights MSBU Bond nor the Loan Agreement shall be or constitute a "bond" of the County within the meaning of Article VII, Section 12, Florida Constitution (1968). Neither the Bank nor any successor owner of the Harmony Heights MSBU Bond shall be entitled to compel the levy of ad valorem taxes by the County to pay the principal of and interest on the Harmony Heights MSBU Bond or to make any payments required under the terms of the Loan Agreement. Furthermore, the obligation of the County to repay the Harmony Heights MSBU Bond in accordance with its terms and to make the payments, if any, required under the Loan Agreement shall not constitute a lien upon or pledge of an interest in the Harmony Heights MSBU Project or any other property of or in the County, but shall constitute a lien only upon the Harmony Heights MSBU Assessments. (G) The County does not expect to issue more than $30 million in obligations, the interest on which is excluded from gross income under the provisions of the Code, in the calendar year ending December 31, 2009, and is entitled to designate the Harmony Heights MSBU Bond as a "qualified tax-exempt obligation" pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended (the "Code"). 4 { 5000/99/00379086. DOCv2 } Section 4. Authorization of Harmony Heights MSBU Bond. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Commitment, the issuance by the County of the Special Assessment Improvement Bond, Series 2009A (Harmony Heights MSBU), in a principal amount not to exceed One Million Two Hundred Fifty Thousand Dollars ($1,250,000), to be in the exact principal amount, to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Harmony Heights MSBU Bond and the Loan Agreement, and to be secured solely by the Harmony Heights MSBU Assessments, is hereby authorized. Section 5. Approval of Form of Loan Agreement and Harmony Heights MSBU Bond. The Loan Agreement and the Harmony Heights MSBU Bond are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver the Loan Agreement and the Harmony Heights MSBU Bond to the Bank. Section 6. Authorization of Other Action. The Chairman, the Clerk, the County Administrator, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the Loan Agreement and the Harmony Heights MSBU Bond and the repayment of the Prior Loan and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the execution and delivery of the Loan Agreement and the Harmony Heights MSBU Bond to the Bank and the repayment of the Prior Loan, including, but not limited to, the making of modifications to the Loan Agreement and the Harmony Heights MSBU Bond to conform the provisions thereof to the provisions of the Commitment. Section 7. Application of Proceeds of Loan. The proceeds of the Loan shall be applied solely to repayment of the Prior Loan and payment of Harmony Heights MSBU Project Costs. Section 8. Designation Under Code Section 265(b)(3)(B). The Harmony Heights MSBU Bond is hereby designated as a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Code. Section 9. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. 5 ~OOOi99/00379086.DOCv2 } Section 10. Severability. If any one or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of the Resolution or of the Harmony Heights MSBU Bond or Loan Agreement delivered hereunder. Section 11. Amendment. This resolution may not be amended or repealed except with the prior written consent of the Bank. Section 12. Effective Date. This resolution shall take effect immediately upon its adoption. Passed and Adopted this 22nd day of September 2009, at a regular meeting duly called and held. ST. LUC1E COUNTY, FLORIDA (SEAL) By: Chair, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 6 { 5000/99/00379086. DOCv2 } AGENDA TERM LOAN AGREEMENT between ST. LUCIE COUNTY, FLORIDA and SUNTRUST BANK Dated September 23, 2009 Relating to . St. Lucie County, Florida $1,250,000 Special Assessment Improvement Bond, Series 2009A (Harmony Heights MSBU) {>000199/00379241.DOCv2 } TABLE OF CONTENTS Page SECTION 1. DEFINITIONS ........................................................................................................1 SECTION 2. INTERPRETATION ...............................................................................................4 SECTION 3. THE LOAN 5 SECTION 4. DESCRIPTION OF HARMONY HEIGHTS MSBU BOND ..............................5 SECTION 5. EXECUTION OF HARMONY HEIGHTS MSBU BOND ..................................5 SECTION 6. REGISTRATION AND TRANSFER OF HARMONY HEIGHTS MSBU BOND .............................................................................................................................................5 SECTION 7. HARMONY HEIGHTS MSBU BOND MUTILATED, DESTROYED, STOLEN OR LOST ........................................................................................................................6 SECTION 8. FORM OF HARMONY HEIGHTS MSBU BOND .............................................7 SECTION 9. SECURITY FOR HARMONY HEIGHTS MSBU BOND; HARMONY HEIGHTS MSBU BOND NOT DEBT OF THE COUNT'Y ........................................................7 SECTION 10. COVENANTS OF T'HE COUNTY .....................................................................7 SECTION 11. REPRESENTATIONS AND WARRANTIES 8 SECTION 12. CONDITIONS PRECEDENT ..............................................................................9 SECTION 13. TAX COMPLIANCE ............................................................................................9 SECTION 14. NOTICES ...............................................................................................................9 SECTION 15. EVENTS OF DEFAULT DEFINED ..................................................................10 SECTION 16. REMEDIES ..........................................................................................................11 SECTION 17. NO RECOURSE ..................................................................................................11 SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS.........11 SECTION 19. AMENDIVIENTS, CHANGES AND MODIFICATIONS ...............................11 SECTION 20. BINDING EFFECT .............................................................................................11 SECTION 21. SEVERABILITY ..................................................................................................11 SECTION 22. EXECUTION IN COUNTERPARTS ................................................................12 SECTION 23. APPLICABLE LAW ...........................................................................................13 {SOOOl99/003792=41 DOCv2} This TERM LOAN AGREEMENT is made and entered into as of September 23, 2009, by and between ST. LUCIE COUNTY, FLORIDA (the "County"), and SUNTRUST BANK (the „B~„ WITNESSETH: WHEREAS, the County has previously determined that it is necessary, desirable and in the best interests of the County and its inhabitants that the County undertake the Harmony Heights MSBU Project hereinafter described, and that the Harmony Heights MSBU Project will serve essential public purposes of the County; and WHEREAS, the County has previously determined to pay the Harmony Heights MSBU Project Costs with the proceeds of the Prior Loan, and it is necessary that funds be made available to the County in order to retire the Prior Loan and to provide permanent financing for the Harmony Heights MSBU Project, and WHEREAS, pursuant to the Commitment, a copy of which is attached hereto as Exhibit B, the Bank has proposed to lend the County funds to permanently finance draws on the Line of Credit, including funds necessary to finance the Harmony Heights MSBU Project Costs; and WHEREAS, the County has determined that it is in the best interest of the health, safety, and welfare of the County and the inhabitants thereof that the County pledge the Harmony Heights MSBU Assessments to secure the obligation of the County to repay the principal of and interest on the Harmony Heights MSBU Bond when due; and WHEREAS, the obligation of the County to repay principal of and interest on the Harmony Heights MSBU Bond will not constitute a general obligation or indebtedness of the County as a "bond" within the meaning of any provision of the Constitution of the State, but shall be and is hereby declared to be a special, limited obligation of the County, secured solely by a lien upon and pledge of the Harmony Heights MSBU Assessments in the manner provided herein. The County is not authorized and cannot be compelled to levy taxes on any property of or in the County to pay the principal of or interest on the Harmony Heights MSBU Bond or to make any other payments provided for herein. Furthermore, neither the Harmony Heights MSBU Bond nor the interest thereon shall be or constitute a lien upon the Harmony Heights MSBU Project or upon any other property of or in the County; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: SECTION 1. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: "Act" means Chapter 125, Part I, Florida Statutes; as amended, Ordinance No. 87-77 duly enacted by the Board, as amended, and other applicable provisions of law. "Authorized County Representative" means the County Administrator or her delegate. { 5000/99/00379241. DOCv2 } "Authorized Investments" means any obligations, deposit certificates, or other evidences of indebtedness legal for investment pursuant to law, to the extent not inconsistent with the terms of the investment policy of the County and applicable law. "Bank" means SunTrust Bank, a Georgia banking corporation, with offices located at 501 South Flagler Drive, 2~d Floor, West Palm Beach, Florida 33401. "Board" means the Board of County Commissioners of the County, as the governing body of the County. "Bond Counsel" means Bryant Miller Olive P. A., or any other attorney at law or a firm of attorneys, designated by the Board, of nationally recognized standing in matters pertaining to the tax-exempt nature of interest on bonds issued by states and their political subdivisions, duly admitted to the practice of law before the highest court of any state of the United States of America selected by the County. "Business Day" means any day of the year other than a day on which the Bank, or the County are lawfully closed for business. "Chair" means the Chair of the Board of County Commissioners of the County, or, in the Chair's absence, the Vice-Chairman of the Board of County Commissioners, or such other person as may be duly authorized to act on the Chair's behalf. "Clerk" means the Clerk of the Circuit Court for St. Lucie, County, or, in the Clerk's absence, any Deputy Clerk duly authorized to execute documents or take other action, as the case may be, on the Clerk's behalf. "Code" means the Internal Revenue Code of 1986, as amended. "Commitment" means the commitment submitted to the County by the Bank, dated June 9, 2006, and accepted and approved by the Commitment Resolution. "Commitment Resolution" means Resolution No. 06-264, adopted August 22, 2006, accepting the Bank's Commitment to provide both interim and permanent loans to the County to finance various MSBU Projects. "County" means St. Lucie County, Florida. "County Administrator" means the County Administrator, as the chief operating officer of the County. "Default" means an Event of Default as defined and described in Section 16 hereof. 'Disbursement Date" means September 23, 2009, or such other date on which proceeds of the Loan are disbursed to the County. "Fiscal Year" means the period from each October 1 to the succeeding September 30. "Harmony Heights MSBU" means the MSBU established pursuant to Resolution No. 04- 140, adopted by the Board on May 4, 2004. ~ ~000/99/00379241.DOCv2 } "Harmony Heights MSBU Assessment Resolutions" means, collectively, Resolution No. 07-232, adopted August 7, 2007, approving the preliminary assessment roll, and a resolution to be adopted adjusting and equalizing the final assessments levied against the affected properties. "Harmony Heights MSBU Assessments" means the special assessments levied within the Harmony Heights MSBU pursuant to the Harmony Heights MSBU Assessment Resolutions. "Harmony Heights MSBU Bond" means the Special Assessment Improvement Bond, Series 2009A (Harmony Heights MSBU), of the County, which shall be in substantially the form attached hereto as Exhibit A. "Harmony Heights MSBU Project" means the water utility improvements within the Harmony Heights MSBU in order to connect the properties to the regional water utility system. "Harmony Heights MSBU Project Costs" means all or a portion of the cost of undertaking the Harmony Heights MSBU Project including, but not limited to: construction costs of the improvements; acquisition of any lands, engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses, capitalization of interest for a reasonable period of time after date of issuance and delivery of the Harmony Heights MSBU Bond, establishment of reasonable reserves for payment of Debt Service; expenses and costs of issuance; reimbursement to the County for any sums heretofore expended for the foregoing purposes; repayment of the advance made under the Line Of Credit; and such other costs and expenses as may be necessary or incidental to the financing or refinancing of the Harmony Heights MSBU Project. "Interest Rate" means the rate per annum set forth in the form of Bond attached hereto as Exhibit A, subject to adjustment as provided in Schedule I to the Harmony Heights MSBU Bond. "Line of Credit" means the principal amount of $10,000,000 made available by the Bank to the County to finance the engineering and construction of capital projects within municipal services benefit units and approved by the County pursuant to the provisions of the Commitment Resolution, and a Loan Agreement, dated as of September 18, 2006, between the County and the Bank. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means this agreement between the Bank and the County setting forth the terms and details of the Loan. "Master Resolution" means Resolution No. 94-196, adopted by the Board on September 20, 1994, as amended by Resolution No. 95-183, adopted on September 5, 1995, and as further amended from time to time. "Maturity Date" means the last date on which all remaining, outstanding principal of the Harmony Heights MSBU Bond is due as shown on Exhibit A hereto. 3 { 5000/99/00379241. DOCv2 } "MSBU" means a Municipal Services Benefit Unit created pursuant to resolution of the Board adopted from time to time. "Paying Agent" means the Clerk of the Circuit Court of the County. "Payment Date" means the dates on which interest on the Harmony Heights MSBU Bond is payable, as shown on Exhibit A, hereto. "Person" or words importing persons, means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities, and natural persons. "Prepayment Date" means any date of prepayment of the principal of the Loan by the County, whether in whole or in part. "Principal Amount" means One Million Two Hundred Fifty Thousand Dollars ($1,250,000). "Prior Loan" means the advance of moneys to the County pursuant to the Line of Credit for advances made for Harmony Heights MSBU Project Costs. "Register" means the books maintained by the Registrar in which are recorded the name and address of the Registered Owner of the Harmony Heights MSBU Bond. "Registered Owner" means the person in whose name the ownership of the Harmony Heights MSBU Bond is registered on the books maintained by the Registrar. The Registered Owner shall be the Bank. "Registrar" means the Person maintaining the Register. The Registrar shall initially be the Clerk. "Regulations" means the Income Tax Regulations promulgated by the Internal Revenue Service under Sections 103 and 141 through 150 of the Code. "Resolution" means, collectively, the Master Resolution and Resolution No. 09-284, adopted by the Board on September 22, 2009, and all resolutions amendatory thereof and supplemental thereto. "State" means the State of Florida. SECTION 2. INTERPRETATION. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Loan Agreement and all the terms and provisions hereof (a) have been negotiated between the County and the Bank; (b) shall not be construed strictly in favor of or against either party hereto; and (c) shall be construed to effech.iate the purpose set forth herein and to sustain the validity hereof. 4 { > 000/99/00379241. DOCv2 } SECTION 3. THE LOAN. A. Loan. The Bank hereby makes and the County hereby accepts the Loan, upon the terms and conditions set forth herein. B. Disbursement of Proceeds. Proceeds of the Loan shall be made available by the Bank to the County by deposit of the principal amount thereof to or for the order of the County by 12:00 p.m. on the Disbursement Date in immediately available funds. SECTION 4. DESCRIPTION OF HARMONY HEIGHTS MSBU BOND. The obligation of the County to repay the Loan shall be evidenced by the Harmony Heights MSBU Bond. The Harmony Heights MSBU Bond shall be dated as of the Disbursement Date; shall mature as set forth therein; shall be in registered form; and shall bear interest from its date until payment of the principal amount thereof, at the Interest Rate. Interest shall be payable as set forth on Exhibit A, calculated on the basis of a 360-day year consisting of twelve 30-day months, from its date as to principal at the Interest Rate shown on Exhibit A hereto. The Harmony Heights MSBU Bond may be prepaid in whole or in part prior to maturity without penalty. SECTION 5. EXECUTION OF HARMONY HEIGHTS MSBU BOND. The Harmony Heights MSBU Bond shall be executed in the name of the County by the Chair and attested by the Clerk, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. 'The Harmony Heights MSBU Bond may be signed and sealed on behalf of the County by any person who at the actual time of the execution of such Harmony Heights MSBU Bond shall hold the appropriate office in the County, although at the date thereof the person may not have been so authorized. The Harmony Heights MSBU Bond may be executed by the facsimile signatures of the Chair and/or Clerk, provided that at least one of the foregoing signatures must be a manual signature. SECTION 6. REGISTRATION AND TRANSFER OF HARMONY HEIGHTS MSBU BOND. The Harmony Heights MSBU Bond shall be and shall have all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code-Investment Securities Laws of the State of Florida, and each Registered Owner, in accepting the Harmony Heights MSBU Bond, shall be conclusively deemed to have agreed that such Harmony Heights MSBU Bond shall be and have all of the qualities and incidents of negotiable instruments thereunder. There shall be a Registrar who shall be responsible for maintaining the Register. The person in whose name ownership of the Harmony Heights MSBU Bond is shown on the Register shall be deemed the Registered Owner thereof by the County and the Registrar, who may treat the Registered Owner as the absolute owner of the Harmony Heights MSBU Bond for all purposes, whether or not the Harmony Heights MSBU Bond shall be overdue, and any notice to the contrary shall not be binding upon the County or the Registrar. Ownership of the Harmony Heights MSBU Bond may be transferred only upon the Register. Upon surrender to the Registrar for transfer or exchange of the Harmony Heights MSBU Bond accompanied by an assignment or written authorization for exchange, whichever is applicable, duly executed by the Registered Owner or its attorney duly authorized in writing, the Registrar shall deliver in the name of the Registered Owner or the transferee or transferees, as the case may be, a new fully registered Harmony Heights MSBU Bond of the same amount, maturity and interest rate as the Harmony Heights MSBU Bond surrendered. 5 { SOOOi99/00379241.DOCv2 } The Harmony Heights MSBU Bond presented for transfer, exchange, redemption or payment (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The County and the Registrar may charge the Registered Owner a sum sufficient to reimburse them for any expenses incurred in making any exchange or transfer after the first such exchange or transfer following the delivery of such Harmony Heights MSBU Bond. The Registrar or the County may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any such new Harmony Heights MSBU Bond shall be delivered. The new Harmony Heights MSBU Bond delivered upon any transfer or exchange shall be a valid obligation of the County, evidencing the same debt as the Harmony Heights MSBU Bond surrendered, shall be secured under this Loan Agreement, and shall be entitled to all of the security and benefits hereof to the same extent as the Harmony Heights MSBU Bond surrendered. Whenever the Harmony Heights MSBU Bond shall be delivered to the Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Harmony Heights MSBU Bond shall be cancelled and destroyed by the Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the County. SECTION 7. HARMONY HEIGHTS MSBU BOND MUTILATED, DESTROYED, STOLEN OR LOST. In case the Harmony Heights MSBU Bond shall be mutilated, or be destroyed, stolen or lost, upon the Registered Owner furnishing the Registrar satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur, the Registrar shall issue and deliver a new Harmony Heights MSBU Bond of like tenor as the Harmony Heights MSBU Bond so mutilated, destroyed, stolen or lost, in lieu of or substitution for the Harmony Heights MSBU Bond, if any, destroyed, stolen or lost, or in exchange and substitution for such mutilated Harmony Heights MSBU Bond, upon surrender of such mutilated Harmony Heights MSBU Bond, if any, to the Registrar and the cancellation thereof; provided however, if the Harmony Heights MSBU Bond shall have matured or be about to mature, instead of issuing a substitute Harmony Heights MSBU Bond, the County may pay the same, upon being indemnified as aforesaid, and if such Harmony Heights MSBU Bond be lost, stolen or destroyed, without surrender thereof. Any Harmony Heights MSBU Bond surrendered under the terms of this Section 7 shall be cancelled by the Registrar. Any such new Harmony Heights MSBU Bond issued pursuant to this section shall constitute an original, additional contractual obligation on the part of the County whether or not, as to the new Harmony Heights MSBU Bond, the lost, stolen or destroyed Harmony Heights MSBU Bond be at any time found by anyone, and such new Harmony Heights MSBU Bond shall be entitled to equal and proportionate benefits and rights as to security for payment to the same extent as the Harmony Heights MSBU Bond originally issued hereunder. 5 { 5000/99/00379241.DOCv2 } SECTION 8. FORM OF HARMONY HEIGHTS MSBU BOND. The Harmony Heights MSBU Bond shall be in substantially the form of Exhibit A hereto, with such variations, omissions and insertions as may be necessary, desirable and authorized or permitted by this Loan Agreement. SECTION 9. SECURITY FOR HARMONY HEIGHTS MSBU BOND; HARMONY HEIGHTS MSBU BOND NOT DEBT OF THE COUNTY. The payment of the principal of and interest on the Harmony Heights MSBU Bond shall be secured forthwith solely by the Harmony Heights MSBU Special Assessments. The principal of and interest on the Harmony Heights MSBU Bond shall not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to or compel the levy of taxes upon any property of or in the County for the payment of the principal of and interest on the Harmony Heights MSBU Bond. The Harmony Heights MSBU Bond shall not be secured by, or constitute a lien upon or pledge of an interest in the Harmony Heights MSBU Project or upon any other property of or in the County, but shall constitute a lien only upon the Harmony Heights MSBU Assessments in the manner provided herein. SECTION 10. COVENANTS OF THE COUNTY. Until the principal of and interest on the Harmony Heights MSBU Bond shall have been paid in full or until (a) there shall have been set apart in the Sinking Fund a sum sufficient to pay when due the entire principal of and interest accrued and to accrue on the Harmony Heights MSBU Bond to the Maturity Date, or (b) provision for payment of the Harmony Heights MSBU Bond shall have been made in accordance with the provisions of this Loan Agreement, the County covenants with the Registered Owner of the Harmony Heights MSBU Bond as follows: A. Collection of Assessments. The County will levy the Harmony Heights MSBU Assessments in amounts sufficient to pay the principal and interest on the Harmony Heights MSBU Bond in each year; will collect the Harmony Heights MSBU Assessments in the manner specified in Section 197.3632, Florida Statutes; and will apply and deposit the proceeds of the Harmony Heights MSBU Assessments into the "Harmony Heights MSBU Bond Sinking Fund", hereby created and established (the "Sinking Fund"), and a Reserve Account therein. The County will maintain the Sinking Fund as a separate, special fund on the books and records of the County, and will continuously secure the moneys on deposit therein in the manner required for deposits of public funds. B. Reserve Account. On the Disbursement Date the County will deposit amounts required pursuant to the Commitment into the Reserve Account and covenants to maintain such amounts therein required pursuant to the Commitment, such moneys to be used to pay principal of and interest on the Harmony Heights MSBU Bond if, at any time the amount on deposit in the Sinking Fund is insufficient to pay the debt service on the Harmony Heights MSBU Bond. C. Payments. The County will punctually pay from the Sinking Fund all principal of and interest on the Harmony Heights MSBU Bond when due by wire transfer or other medium acceptable to the County and the Bank. D. Financial Statements. Not later than the earlier of 210 days following the end of each fiscal year or 45 days after it is prepared, the County will provide the Bank a copy of the Comprehensive Annual Financial Report of the County and such other information regarding the levy and collection of the Harmony Heights MSBU Assessments as the Bank may reasonably request in writing. 7 { 5000/99/0037924 I . DOCv2 } E. Annual Budget and Other Information. The County will prepare its annual budget in accordance with the Act, and will provide to the Bank (i) a copy of its final annual budget for each fiscal year within 30 days of adoption thereof by the Board and (ii) such other public information as the Bank may reasonably request. F. Tax Compliance. The County will take all actions necessary to maintain the exclusion from gross income for purposes of the Code of interest on the Bond to the same extent as on the date of issuance of the Harmony Heights MSBU Bond. The Harmony Heights MSBU Bond has been designated a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. G. Other Covenants. The County shall comply with such additional covenants as may be required by the Bank pursuant to the provisions relating to term loans contained in the Commitment and specified in Exhibit B attached hereto. SECTION 11. REPRESENTATIONS AND WARRANTIES. The County represents and warrants to the Bank that: A. Organization. The County is a political subdivision, duly organized and existing under the laws of the State of Florida. B. Authorization of Loan Agreement and Related Documents. The County has the power and has taken all necessary action to authorize the execution and delivery of and the performance by the County of its obligations under, this Loan Agreement and the Harmony Heights MSBU Bond in accordance with their respective terms. This Loan Agreement and the Harmony Heights MSBU Bond have been duly executed and delivered by the County and are valid and binding obligations of the County, enforceable against the County in accordance with their respective terms, except to the extent that such enforcement may be limited by laws regarding bankruptcy, insolvency, reorganization or moratorium applicable to the County or by general principles of equity regarding the availability of specific performance. C. Harmon~Heights MSBU Special Assessments. The County has duly adopted the Harmony Heights MSBU Assessment Resolution levying the preliminary assessments and will, by April 2010, adopt the Harmony Heights MSBU Assessment Resolution levying the final assessments, with all adjustments thereto, thereby complying with all requirements of applicable law in connection with the levy of the Harmony Heights MSBU Assessments. The Loan further complies with the provisions of the Commitment, i.e., (1) the principal amount of the Harmony Heights MSBU Bond does not exceed twenty percent (20%) of the aggregate taxable value of the parcels subject to the Harmony Heights MSBU Assessments, (2) there are not less than ten (10) individual parcels subject to the Harmony Heights MSBU Assessments, and (3) no individual owner of record of parcels subject to the Harmony Heights MSBU Assessments owns parcels with a combined taxable value greater than forty percent (40%) of the aggregate taxable value of all parcels subject to the Harmony Heights MSBU Assessments. the County has adopted the preliminary assessments and will, by [date] duly adopt the final assessments and adjustments D. Financial Statements. The financial statements of the County for the Fiscal Year ended September 30, 2008, previously provided to the Bank have been prepared in accordance with generally accepted accounting principles and present fairly the financial condition of the s { ~000/99/00379241.DOCv2; County as of such date and the results of its operations for the period then ended. Since such date, there has been no material adverse change in the financial condition, revenues, properties or operations of the County. SECTION 12. CONDITIONS PRECEDENT. The obligation of the Bank to make the Loan is subject to the satisfaction of each of the following conditions precedent on or before the Disbursement Date: A. Action. The Bank shall have received a copy of the Resolution certified as complete and correct as of the closing date, together with an executed Loan Agreement, the executed Harmony Heights MSBU Bond, and the customary closing certificates. B. Incumbency of Officers. The Bank shall have received an incumbency certificate of the County in respect of each of the officers who is authorized to sign this Loan Agreement and the related financing documents on behalf of the County. C. Opinion of Counsel to the County. The Bank shall have received a written opinion of the County Attorney addressing matters relating to (1) the corporate existence of the County; (2) the due adoption of the Resolution; (3) the due authorization and execution of this Loan Agreement and the Harmony Heights MSBU Bond and the related financing documents; and (4) the absence of litigation against the County relating to its existence or powers, or the proceedings for the authorization and issuance of the Harmony Heights MSBU Bond, in form and substance satisfactory to the Bank. D. Opinion of Bond Counsel. The Bank shall have received an approving opinion of Bond Counsel or, alternatively, a letter from Bond Counsel authorizing the Bank to rely on the approving opinion of Bond Counsel delivered to the County in respect to the Harmony Heights MSBU Bond to the same extent as if such opinion were addressed to the Bank. E. Representations and Warranties; No Default. The representations and warranties made by the County herein shall be true and correct in all material respects on and as of the Disbursement Date, as if made on and as of such date; no Default shall have occurred and be continuing as of the Disbursement Date or will result from the consummation of the Loan; and the Bank shall have received a certificate from the County to the foregoing effect. F. Other Documents. The Bank shall have received such other documents, certificates and opinions as the Bank or its counsel shall have reasonably requested. SECTION 13. TAX COMPLIANCE. Neither the County, nor any third party over whom the County has control, will make any use of the proceeds of the Harmony Heights MSBU Bond at any time during the term hereof which would cause the Harmony Heights MSBU Bond to be a "private activity bond" within the meaning of Section 103(b)(1) of the Code or an "arbitrage bond" within the meaning of Section 103(b)(2) of the Code or would cause the Harmony Heights MSBU Bond not to be a qualified tax-exempt obligation under the provisions of Section 265(b) of the Code. The County covenants throughout the term of the Harmony Heights MSBU Bond, to comply with the requirements of the Code and the Regulations, as amended from time to time, with respect to the Loan and the Harmony Heights MSBU Bond. SECTION 14. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered, delivered by 9 { 5000/99/003 79241. DOCv2 } telecopier, mailed by registered or certified mail, postage prepaid, or delivered by courier service to the parties at the following addresses: County: St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Attention: County Administrator Copy to: St. Lucie County, Florida 2300 Virginia Avenue Fort Piece, Florida 34982-5652 Attention: County Attorney Bank: SunTrust Bank Institutional and Governmental Banking 501 South Flagler Drive, 2°d Floor West Palm Beach, Florida 33401 Attention: John Winn, First Vice President PH: 561/835-2677 and FX: 561/835-2640 Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication via telecopier shall be confirmed by delivery by hand, mail, or courier, as specified above, of an original promptly after such communication by telecopier. SECTION 15. EVENTS OF DEFAULT DEFINED. The. following shall be "Events of Default under this Loan Agreement, and the terms "Default" and "Events of Default" shall mean (except where the context clearly indicates otherwise), any one or more of the following events: A. failure by the County to make any payment of principal of or interest on the Bond within three (3) days of the applicable Payment Date or the Maturity Date. B. failure by the County to observe and perform any other covenant, condition or agreement on its part to be observed or performed under this Loan Agreement for a period of fifteen (15) days after written notice of such failure shall have been delivered to the County by the Bank, unless the Bank shall agree in writing to an extension of such time prior to its expiration; C. the making of any warranty, representation or other statement by the County or by an officer or agent of the County in this Loan Agreement or in any instrument furnished in compliance with or in reference to this Loan Agreement which is false or misleading in any material adverse respect; D. the filing of a petition against the County under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, if an order for relief is entered under such petition or such petition is not dismissed within sixty (60) days of such filing; E. the filing by the County of a voluntary petition in bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment 10 ;_~000l99/00379241. DOCv2 } of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or the consent by the County to the filing of any petition against it under such law; or F. the admission by the County of its insolvency or bankruptcy or its inability to pay its debts as they become due or that it is generally not paying its debts as such debts become due, or the County's becoming insolvent or bankrupt or making an assignment for the benefit of creditors, or the appointment by court order of a custodian (including without limitation a receiver, liquidator or trustee) of the County or any of its property taking possession thereof and such order remaining in effect or such possession continuing for more than sixty (60) days. SECTION 16. REMEDIES. The Registered Owner may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida or of the United States of America, or granted and contained in this Loan Agreement, and to enforce and compel the performance of all duties required by this Loan Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce this Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America, including acceleration of all amounts outstanding under this Loan Agreement or the Harmony Heights MSBU Bond. THE COUNTY AND THE REGISTERED OWNER OF THE HARMONY HEIGHTS MSBU BOND EACH WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON THE HARMONY HEIGHTS MSBU BOND OR ARISING OUT OF, UNDER OR IN CONJUNCTION WITH, THE HARMONY HEIGHTS MSBU BOND OR THIS LOAN AGREEMENT. SECTION 17. NO RECOURSE. No recourse shall be had for the payment of the principal of and interest on the Harmony Heights MSBU Bond or for any claim based on the Harmony Heights MSBU Bond or on this Loan Agreement, against any present or former member or officer of the Board or any person executing the Harmony Heights MSBU Bond. SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Loan Agreement, shall be other than a Business Day, then such payment or performance shall be made on the succeeding Business Day with the same force and effect as if done on the nominal date provided in this Loan Agreement, provided that interest on any monetary obligation hereunder shall accrue at the applicable rate to and including the date of such payment. SECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS. This Loan Agreement may be amended only in writing signed by both parties hereto. SECTION 20. BINDING EFFECT. To the extent provided herein, this Loan Agreement shall be binding upon the County and the Bank and shall inure to the benefit of the County and the Bank and their respective successors and assigns. SECTION 21. SEVERABILITY. In the event any court of competent jurisdiction shall hold any provision of this Loan Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision hereof. 11 { 5000/99/00379241. DOCv2 } SECTION 22. EXECUTION IN COUNTERPARTS. This Loan Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 12 { 5000199/00379241. DOCv2 } SECTION 23. APPLICABLE LAW. This Loan Agreement shall be governed by and construed in accordance with the laws of the State. IN WITNESS WHEREOF, the parties hereto have duly executed this Loan Agreement as of the date first above written. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chair, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 13 { 5000/99/003792 1. DOCv2 } EXHIBIT A FORM OF BOND No. R-1 $1,250,000 ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2009A (HARMONY HEIGHTS MSBU) RATE OF INTEREST MATURITY DATE DATE OF ISSUE December 1, 2022 September 23, 2009 REGISTERED OWNER: SunTrust Bank PRINCIPAL AMOUNT: One Million Two Hundred Fifty Thousand Dollars KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on December 1 of each year, to and including the Maturity Date specified above, the installments of the above Principal Amount as shown on Schedule 2 attached hereto and forming a part hereof (the "Schedule"), and to pay solely from such funds interest thereon from the date of this Bond or from the most recent date to which interest has been paid, whichever is applicable, until payment of such Principal Amount, interest at the Rate of Interest shown above, subject to adjustment as set forth in Schedule I attached hereto, such interest being payable semi-annually on each June 1 and December 1 (an "Interest Payment Date") commencing June 1, 2010, with all unpaid interest being due on the Maturity Date, by wire transfer in accordance with written instructions delivered by the Registered Owner to the County or by such other medium acceptable to the County and to such Registered Owner. The principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of America. Interest due hereon shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. This Bond is issued to refinance the Prior Loan from the Line of Credit, which financed the costs of the acquisition and construction of the Harmony Heights MSBU Project, under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 of St. Lucie County, Florida, as amended, and other applicable provisions of law, and Resolution 94-196, duly adopted by the Board of County Commissioners (the "Board") on September 20, 1994, as amended and supplemented, particularly as supplemented by Resolution No. 09-284, adopted on September 22, 2009 (collectively, the "Resolution"), and pursuant to a Loan Agreement between the County and SunTrust Bank, dated September 23, 2009 (the "Loan Agreement"), to which reference should be made to ascertain those terms and conditions. A-1 { 5000/99/003 79241. DOCv2 } This Bond is payable from and secured solely by a lien upon and pledge of the Harmony Heights MSBU Special Assessments (the "Pledged Revenues") all in the manner provided in, and subject to the terms and conditions of the Resolution and the Loan Agreement. This Bond is subject to prepayment prior to its date of maturity at the option of the County at any time without penalty. The principal of and interest on this Bond do not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to require or compel the levy of taxes on any property of or in the County for the payment of the principal of and interest on this Bond. The principal of and interest on this Bond are not secured by a lien upon the Harmony Heights MSBU Project, or upon any property of or in the County, but are secured solely by the Pledged Revenues in the manner provided herein and in the Loan Agreement. Reference is made to the Loan Agreement for the provisions relating to the security for payment of this Bond and the duties and obligations of the County hereunder. The Registered Owner may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in the Loan Agreement, and to enforce and compel the performance of all duties required by the Loan Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce the Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. THE COUNTY AND THE REGISTERED OWNER OF THIS HARMONY HEIGHTS MSBU BOND EACH WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON THIS HARMONY HEIGHTS MSBU BOND OR ARISING OUT OF, UNDER OR IN CONJUNCTION WITH, THE HARMONY HEIGHTS MSBU BOND OR THE RELATED LOAN AGREEMENT. 'This Bond may be transferred or assigned by the Registered Owner without the prior written consent of the County provided that (1) the County is given notice of such transfer not later than ten (10) days prior to the next Interest Payment Date on the Bonds and (2) the transferee provides to the County an investment letter in form and substance materially the same as the letter provided by the Registered Owner to the County upon the original issuance hereof. Upon the occurrence of an Event of Default, as defined in the Loan Agreement, the County shall also be obligated to pay, but only from the Pledged Revenues, all costs of collection and enforcement hereof, including attorneys' fees (including fees incurred on appeal). It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to and in the issuance of this Bond, have been performed, exist and have happened in regular and due form and time as so required. A-2 { 5000/99/00379241.DOCv2 } IN WITNESS WHEREOF, St. Lucie County, Florida, has caused this Bond to be executed by the Chair or Vice-Chairman of its Board of County Commissioners, and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners, either manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the Date of Issue above. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chair of the Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners A-3 { 5000/99/0037924 ] . DOCv2 } EXHIBIT B BANK'S COMMITMENT LETTER B-1 { ~ 000/99/003 79241. DOCv2 SCHEDULES TO ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2009A (HARMONY HEIGHTS MSBU) {5000/99/00379241.DOCv2 } SCHEDULE 1 ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS (i) Adjustment of Interest Rate for Full Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Harmony Heights MSBU Bond shall be increased to a rate per annum equal to 1.3250 times the interest rate borne by the Harmony Heights MSBU Bond (the "Taxable Rate"), effective retroactively to the date on which the interest payable on the Harmony Heights MSBU Bond is includable for federal income tax purposes in the gross income of the Registered Owner thereof. In addition, the Registered Owner of the Harmony Heights MSBU Bond or any former Registered Owners of the Harmony Heights MSBU Bond, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States of America by the Registered Owner or former Registered Owners of the Harmony Heights MSBU Bond as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the County within sixty (60) days following the Determination of Taxability and demand by the Registered Owner. A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Harmony Heights MSBU Bond is includable for federal income tax purposes in the gross income of the Registered Owner thereof, which notice or notification is not contested by either the County or any Registered Owner of the Harmony Heights MSBU Bond, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Harmony Heights MSBU Bond is includable for federal income tax purposes in the gross income of the Registered Owner thereof, which determination either is final and non-appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the County to the effect that interest on the Harmony Heights MSBU Bond is includable for federal income tax purposes in the gross income of the Registered Owner thereof. (ii) Adjustment of Interest Rate for Partial Taxability. In the event that interest on the Harmony Heights MSBU Bond during any period becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Harmony Heights MSBU Bond, then the interest rate on the Harmony Heights MSBU Bond shall be increased during such period by an amount equal to: (A-B) x C where: (A) A equals the Taxable Rate (expressed as a percentage); (B) B equals the interest rate on the Harmony Heights MSBU Bond (expressed as a percentage); and (C) C equals the portion of the Harmony Heights MSBU Bond the interest on which has become taxable as the result of such tax change (expressed as a decimal). In addition, the Registered Owner of the Harmony Heights MSBU Bond or any former Registered Owner of the Harmony Heights IvISBU Bond, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are SCHEDULE 1-1 { 5000/99/00379241.DOCv? } required to be paid to the United States by the Registered Owner or former Registered Owners of the Harmony Heights MSBU Bond as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the County within sixty (60) days following the Determination of Taxability and demand by the Registered Owner. (iii) Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that the maximum effective federal corporate tax rate (the "Maximum Corporate Tax Rate") during any period with respect to which interest shall be accruing on the Harmony Heights MSBU Bond on atax-exempt basis, changes from the Maximum Corporate Tax Rate then in effect, the interest rate on the Harmony Heights MSBU Bond that is bearing interest on atax-exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect on the Harmony Heights MSBU Bond by a fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate Tax Rate in effect as of the date of adjustment and B equals the Maximum Corporate Tax Rate in effect immediately prior to the date of adjustment. (iv) Adjustment of Interest Rate for Other Changes Affecting After-Tax Yield. So long as any portion of the principal amount of the Harmony Heights MSBU Bond or interest thereon remains unpaid (a) if any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of interest on the Harmony Heights MSBU Bond or causes a reduction in yield on the Harmony Heights MSBU Bond (other than by reason of a change described above) to the Registered Owner or any former Registered Owners of the Harmony Heights MSBU Bond, including without limitation the imposition of any excise tax or surcharge thereon, or (b) if, as result of action by any pubic body or governmental agency, any payment is required to be made by, or any federal, state or local income tax deduction is denied to, the Registered Owner or any former Registered Owners of the Harmony Heights MSBU Bond (other than by reason of a change described above or by reason of any action or failure to act on the part of any Owner or any formers Registered Owner of the Harmony Heights MSBU Bond) by reason of the ownership of the Harmony Heights MSBU Bond, the County shall reimburse any such Owner within five (5) days after receipt by the County of written demand for such payment, and the County agrees to indemnify each such Owner against any loss, cost, charge or expense with respect to any such change. The determination of the after-tax yield calculation shall be verified by a firm of certified public accountants regularly employed by the Bank (or the current Owners of the Harmony Heights MSBU Bond) and acceptable to the County, and such calculation, in the absence of manifest error, shall be binding on the County and the Registered Owner. SCHEDULE 1-2 { 5000/99/00379241. DOCv2 } SCHEDULE 2 ST. LUCIE COUNTY SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2009A (HARMONY HEIGHTS MSBU) AMORTIZATION SCHEDULE EXHIBIT B Date Payment Interest Principal Balance 6/1/2010 12/1/2010 6/1/2011 12/1/2011 6/1/2012 12/1/2012 6/1/2013 12/1/2013 6/1 /2014 12/1/2014 6/1 /2015 12/1/2015 6/1/2016 12/1/2016 6/1/2017 12/1/2017 6/1/2018 12/1 /2018 6/1/2019 12/1/2019 6/1 /2020 12/1 /2020 6/1 /2021 12/1 /2021 6/1 /2022 12/1 /2022 Totals: $ $ $1,250,000.0 0 { 5000/99/00379241.DOCv2} 1? AGENDA REQUEST ITEM NO. VI-B-10 _ _ DATE: September 22, 2009 - ~ - • REGULAR [J PUBLIC HEARING CONSENT [XX TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 09-285 - Extending Maturity of Advances Under Lonn Agreement for MSBV Line of Credit with SunTrust Bank BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09- 285 and authorize the Chair to sign the Resolution. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: ,=~'~~j~ Management & Budget Solid Waste Dir.: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 Br ant Y M i 11 e r Attorneys at Law 101 Nort~i Monroe Street O 1 ive ~ Suite 9°° Tallahassee; FL 32301 Tel 850,222.8611 Fax 850.222.8969 . , . MEMORANDUM TO: Chair and Members of the Board of County Commissioners of St. Lucie County, Florida FROM: Bob Reid DATE: September 15, 2009 RE: Resolution Extending Maturity of Advances Under Loan Agreement for MSBU Line of Credit with SunTrust Bank. The attached resolution approves the form of Allonge No. 1 to the County's outstanding Special Assessment Improvement Line of Credit Note, Series 2006 (MSBU Loan - SunTrust Bank Facility), dated September 18, 2006 (the "Note"), in the amount of $10,000,000, in order to extend the due date for the outstanding advances, for (a) North Lennard Road1 MSBU in the aggregate principal amount of $1,181,769.27; (b) North Lennard Road2 MSBU in the aggregate principal amount of $103,652.50; and (c) North Lennard Road3 MSBU in the aggregate principal amount of $146,299.27, under the Note to September 18, 2010. The proceeds of the advances under the line of credit evidenced by the Note are used to finance on an interim basis the projects undertaken for the County's MSBUs. The Bank has agreed to this extension of this due date. Cc: Daniel S. McIntyre, Esquire Marie Gouin Barbara Guettler Sophia Holt Jay Glover Atlanta ~ Jackson~-illc Miami Orlando Tallahassee Tarnpa ~Vashingt~n, D.C. w RESOLUTION N0.09-285 A RESOLUTION AUTHORIZING THE MODIFICATION OF THE TERM LOAN AGREEMENT BETWEEN THE COUNTY AND SUNTRUST BANK RELATING TO THE LINE OF CREDIT PROVIDED FOR THE BENEFIT OF THE MUNICIPAL SERVICES BENEFIT UNITS WITHIN THE COUNTY BY THE COUNTY'S SPECIAL ASSESSMENT IMPROVEMENT LINE OF CREDIT NOTE, SERIES 2006 (MSBU LOAN -SUNTRUST BANK FACILITY), TO EXTEND THE MATURITY OF CERTAIN OUTSTANDING ADVANCES THEREUNDER; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77 of the Board, as amended, and other applicable provisions of law (the "Act"). Section 2. Findings. It is hereby found, declared, and determined by the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), as follows: A. The County and SunTrust Bank (the "Bank"), have previously entered into that certain Loan Agreement, dated September 18, 2006 (the "Loan Agreement") and; B. Pursuant to the Loan Agreement, the County issued its St. Lucie County, Florida Special Assessment Improvement Line of Credit Note, Series 2006 (MSBU Loan - SunTrust Bank Facility) (the "Note"); and C. There are currently outstanding Advances under the Loan Agreement and the Note for the (a) North Lennard Road1 MSBU interim projects in the aggregate principal amount of $1,181,769.27; (b) North Lennard Road2 MSBU interim projects in the aggregate principal amount of $103,652.50; and (c) North Lennard Road3 MSBU interim projects in the aggregate principal amount of $146,299.27 (collectively, the "Outstanding Advances"); and D. The County has determined that it is necessary and desirable to extend the due date for the Outstanding Advances and the Bank has agreed, subject to a change in the interest rate for such Outstanding Advances, to extend the maturity of the Outstanding Advances to September 18, 2010. Section 3. Approval of Allonge No. 1 to Note. The Allonge No. 1 to Note, in substantially the form attached hereto as Exhibit A, providing for the extension of the maturity 0 0 0199/00 3 7 93 6 2.DOCv2 } date for the Outstanding Advances to September 18, 2010, and a change in the interest rate based on a calculation using 77% of 1-month LIBOR plus 1.50%, is hereby authorized and approved. The proper officers of the County are hereby authorized and directed to execute the Allonge No. 1 to Note for and on behalf of the County in substantially the form attached hereto as Exhibit A, subject to such changes, insertions and omissions and filling in of blanks therein as shall be approved by the officers of the County executing the same, such execution and delivery to be conclusive evidence of said approval, and to deliver an executed original thereof to the Bank. Section 4. Remaining Provisions Unaffected. The remaining provisions of the Loan Agreement and the Note shall remain in full force and effect. Section 5. Authorization of Execution and Additional Action. The Chairman, Vice Chairman, Clerk, Deputy Clerk, County Administrator and any other official of the County are each authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done all acts and things necessary or proper for carrying out and implementing the extension of the maturity date and change of the interest rate of the Outstanding Advances as contemplated by this resolution. Section 6. Severability. If any one or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions hereof, and in no way affect the validity of all other provisions of the Loan Agreement or this resolution. 2 { 5000/99/00379362. DOCv2 } Section 7. Effective Date. This resolution shall take effect immediately upon its adoption. Passed and Adopted this 22n~ day of September 2009, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chair, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, Ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 1 { X000/99/00379362. DOCv2 } EXHIBIT A TO RESOLUTION Allonge No. 1 to St. Lucie County, Florida Special Assessment Improvement Line of Credit Note, Series 2006 (MSBU Loan - SunTrust Bank Facility) Date: September 23 2009 Re Requisition Nos. Re: Requisition Amounts: Loan #208 for $1 181 769.27• Loan #216 for $103,652.50; and Loan No. 232 for $146,299.27 1. The repayment date for the Advances referred to above of the $10,000,000 Special Assessment Improvement Line of Credit Note, Series 2006, dated September 18, 2006, and the Loan Agreement related thereto, are hereby extended to September 18, 2010. 2. The interest rate on the Advances referred to above shall be changed as of September 18, 2009, to 77% of 1-month LIBOR plus 1.50%, adjusted the first day of each calendar month. Date: September 23, 2009 ST. LUCIE COUNTY, FLORIDA By: SunTrust Bank, as the Registered Owner of the Note, hereby acknowledges and consents to the foregoing extension of the repayment due date for the above-referenced Advances. Date: September 23, 2009 SUNTRUST BANK By: Title: This Allonge No. 1 shall be appended to and shall modify and amend and become a part of the Note. 4 t 5000/99/00379362.DOCv2 } i' AGENDA REQUEST ITEM NO. VI-B-11 DATE: September 22, 2009 - ~ - • REGULAR PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 09-286 -Authorizing Term Loan to Provide Permanent Financing for Sunlnnd Gardens Phase II MSBU Special Assessment Project BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Stuff recommends that the Board adopt Resolution No. 09- 286 and authorize the Chair to sign the Resolution. COMMISSION ACTION: CONCURRENCE: p), APPROVED [ ]DENIED [ ]OTHER: -~Y Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Solid Waste Dir.: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 Br ant Y M i 11 e r Attorneys at Law 101 North Monroe Street O 1 ive suite 9°`=' Tallahassee, FL 32301 Tel 850.2228611 Fas 850,222.8969 E ~,g. l~ i~,:1 (j Ali MEMORANDUM TO: Chair and Members of the Board of County Commissioners of St. Lucie County, Florida FROM: Bob Reid DATE: September 16, 2009 RE: Resolution No. 09-286 Authorizing Term Loan to Provide Permanent Financing For Sunland Gardens Phase II MSBU Special Assessment Project The attached resolution provides for approval of a bank loan (the "Loan") from SunTrust Bank, and the issuance of a bond in connection with the Sunland Gardens Phase II Municipal Services Benefit Unit. The loan, in the principal amount of $3,130,000, will refinance the outstanding interim loan from the line of credit by SunTrust and used to finance the acquisition and construction of water improvements within the Sunland Gardens Phase II MSBU. The documentation for the Loan consists of a Loan Agreement between the County and SunTrust Bank similar in form to documentation previously approved by the Board for take-out loans for other MSBU financings. Security for the loan will be the special assessments levied against the benefited property in the Sunland Gardens Phase II MSBU. Neither the faith and credit nor taxing power of the County will be pledged. Closing of the loan is scheduled to occur on or about September 23, 2009. cc: Daniel S. McIntyre, County Attorney Faye W. Outlaw, MPA, County Administrator Barbara Guettler, MSBU Coordinator Joseph E. Smith, Clerk of the Board Marie Gouin, Management and Budget Director Jay Glover, Public Financial Management Atlanta Jacksnn~~ille • Miami Orlando Tallahassee • Tampa ~Vashin~t~n, D, C. RESOLUTION N0.09-286 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPLEMENTING RESOLUTION NO. 94-196; PROVIDING FOR THE BORROWING OF $3,130,000 TO REFUND AMOUNTS PREVIOUSLY DRAWN UNDER A SUNTRUST LINE OF CREDIT TO FINANCE THE COST OF WATER IMPROVEMENTS WITHIN THE SUNLAND GARDENS PHASE II MUNICIPAL SERVICES BENEFIT UNIT IN THE COUNTY AS PREVIOUSLY AUTHORIZED BY THE BOARD; PROVIDING FOR A TERM LOAN FROM SUNTRUST BANK TO THE COUNTY IN SUCH PRINCIPAL AMOUNT PURSUANT TO THE COMMITMENT OF SUNTRUST DATED JUNE 9, 2006; PROVIDING FOR THE ISSUANCE OF A $3,130,000 SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2009B (SUNLAND GARDENS PHASE II MSBU), AS EVIDENCE OF THE COUNTY'S OBLIGATION TO REPAY SUCH TERM LOAN; PROVIDING FOR THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE COUNTY AND THE BANK CONTAINING TERMS AND CONDITIONS RELATING TO SUCH LOAN; PROVIDING FOR THE PAYMENT OF THE BOND FROM CERTAIN PLEDGED REVENUES, INCLUDING SPECIAL ASSESSMENTS; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE BOND AND THE LOAN AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Act, Section 5.01(F) of the Master Resolution and Resolution No. 06-264, adopted on August 22, 2006 (the "Commitment Resolution"), and is supplemental to the Master Resolution and the Commitment Resolution. Section 2. Definitions. The following terms shall have the following meanings when used in this resolution unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Master Resolution or the Loan Agreement. "Act" means Chapter 125, Part I, Florida Statutes; County Ordinance No. 87-77, as amended; and other applicable provisions of law. "Bank" means SunTrust Bank, a corporation organized and existing under the laws of the State of Georgia, acting through its offices in West Palm Beach, Florida. ~ 000/99/003 79093. DOCv2 } "Board" means the Board of County Commissioners, as the governing body of the County. "Bond Resolution" means, collectively, the Master Resolution, the Commitment Resolution, this resolution and all resolutions amendatory thereof or hereof and supplemental thereto or hereto. "Chairman' means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "Clerk" means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. "Commitment" means the commitment submitted to the County by the Bank, dated June 9, 2006. "Commitment Resolution" means Resolution No. 06-264, adopted August 22, 2006, accepting the Bank's Commitment to provide both interim and permanent loans to the County to finance various MSBU Projects. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County. "Line of Credit" means the principal amount of $10,000,000 made available by the Bank to the County to finance the engineering and construction of capital projects within municipal services benefit units and approved by the County pursuant to the provisions of the Commitment Resolution, and a Loan Agreement, dated as of September 18, 2006, between the County and the Bank. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means the Loan Agreement between the Bank and the County setting forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit A, with such modifications and changes thereto as shall be approved by the Chairman, upon the advice of the County Attorney, such approval to be evidenced by the Chairman's execution thereof. "Master Resolution" means Resolution No. 94-196, adopted on September 20, 1994, as amended by Resolution No. 95-183, adopted on September 5, 1995, and as further amended from time to time. "Paying Agent" means the Clerk of the Circuit Court of the County. 2 { 5000/99/00379093.DOCv2 } "Prior Loan" means the advance of moneys to the County pursuant to the Line of Credit for advances made for Sunland Gardens Phase II MSBU Project Costs. "Sunland Gardens Phase II MSBU" means the MSBU established pursuant to Resolution No. 05-046, adopted by the Board on February 1, 2005. "Sunland Gardens Phase II MSBU Assessment Resolutions" means, collectively, Resolution No. 09-048, adopted March 3, 2009, approving the preliminary assessment roll, and a resolution to be adopted adjusting and equalizing the final assessments to be levied. "Sunland Gardens Phase II MSBU Assessments" means the special assessments levied within the Sunland Gardens Phase II MSBU pursuant to the Sunland Gardens Phase II MSBU Assessment Resolutions. "Sunland Gardens Phase II MSBU Bond" means the Special Assessment Improvement Bond, Series 2009B (Sunland Gardens Phase II MSBU), of the County, which shall be in substantially the form attached to the Loan Agreement as Exhibit A. "Sunland Gardens Phase II MSBU Project" means the water utility improvements within the Sunland Gardens Phase II MSBU in order to connect the properties to the regional water utility system. "Sunland Gardens Phase II MSBU Project Costs" means all or a portion of the cost of undertaking the Sunland Gardens Phase II MSBU Project including, but not limited to: construction costs of the improvements; acquisition of any lands, engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses, capitalization of interest for a reasonable period of time after date of issuance and delivery of the Sunland Gardens Phase II MSBU Bond, establishment of reasonable reserves for payment of Debt Service; expenses and costs of issuance; reimbursement to the County for any sums heretofore expended for the foregoing purposes; repayment of the advance made under the Line Of Credit; and such other costs and expenses as may be necessary or incidental to the financing or refinancing of the Sunland Gardens Phase II MSBU Project. Section 3. Findings. It is hereby found, declared, and determined by the Board: (A) The County has heretofore authorized (1) the creation of the Sunland Gardens Phase II MSBU; (2) the undertaking of the Sunland Gardens Phase II MSBU Project; and (3) the levy and collection of the Sunland Gardens Phase II MSBU Assessments, pursuant to the Preliminary Assessment Roll, to pay the Sunland Gardens Phase II MSBU Project Costs. The final Assessment Roll, equalizing and adjusting the Sunland Gardens Phase II MSBU Assessments will be adopted on or before July, 2010. The County has outstanding the Prior { 5000/99!00379093. DOCv2 } Loan, the proceeds of which were used to finance Sunland Gardens Phase II MSBU Project Costs. (B) The County expects to complete the Sunland Gardens Phase II MSBU Project by May 31, 2010, and has collected prepayments of Sunland Gardens Phase II MSBU Assessments, and it is necessary to borrow moneys to be applied together with the prepayments of the Sunland Gardens Phase II MSBU Assessments to repay the Prior Loan and to pay other Sunland Gardens Phase II MSBU Project Costs. (C) Pursuant to the Commitment Resolution, the Commitment of the Bank to provide permanent financing for MSBU Projects, including the Sunland Gardens Phase II MSBU Project, has been accepted by the County. (D) It is necessary and desirable and in the best interest of the County to authorize and approve the execution and delivery of the Loan Agreement, the Sunland Gardens Phase II MSBU Bond, and the taking of all other action in connection with the consummation of the Loan. (E) The Board has accepted the Commitment of the Bank to provide the Loan. Because of the complex nature of the Loan, the Sunland Gardens Phase II MSBU Bond and the Loan Agreement, the nature of the security for the Loan, and the fact that the Sunland Gardens Phase II MSBU Bond is not expected to be rated or insured, it is in the best interests of the County to sell the Sunland Gardens Phase II MSBU Bond to, and to obtain the Loan from, the Bank pursuant to a negotiated placement and in accordance with the terms of the Commitment. (F) The obligation of the County to repay the Sunland Gardens Phase II MSBU Bond in accordance with its terms and to make the payments required under the Loan Agreement is hereby declared to be and shall be a special, limited obligation of the County, secured solely by the Sunland Gardens Phase II MSBU Assessments. The obligation of the County to repay the Sunland Gardens Phase II MSBU Bond in accordance with its terms and to make any other payments, if any, required under the Sunland Gardens Phase II MSBU Bond or the Loan Agreement shall not be or constitute a general obligation or indebtedness of the County and neither the Sunland Gardens Phase II MSBU Bond nor the Loan Agreement shall be or constitute a "bond" of the County within the meaning of Article VII, Section 12, Florida Constitution (1968). Neither the Bank nor any successor owner of the Sunland Gardens Phase II MSBU Bond shall be entitled to compel the levy of ad valorem taxes by the County to pay the principal of and interest on the Sunland Gardens Phase II MSBU Bond or to make any payments required under the terms of the Loan Agreement. Furthermore, the obligation of the County to repay the Sunland Gardens Phase II MSBU Bond in accordance with its terms and to make the payments, if any, required under the Loan Agreement shall not constitute a lien upon or pledge of an interest in the Sunland Gardens Phase II MSBU Project or any other property of or in the County, but shall constitute a lien only upon the Sunland Gardens Phase II MSBU Assessments. 4 { 5000!99/00379093. DOCv2 } (G) The County does not expect to issue more than $30 million in obligations, the interest on which is excluded from gross income under the provisions of the Code, in the calendar year ending December 31, 2009, and is entitled to designate the Sunland Gardens Phase II MSBU Bond as a "qualified tax-exempt obligation" pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended (the "Code"). Section 4. Authorization of Sunland Gardens Phase II MSBU Bond. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Commitment, the issuance by the County of the Special Assessment Improvement Bond, Series 2009B (Sunland Gardens Phase II MSBU), in a principal amount not to exceed Three Million One Hundred Thirty Thousand Dollars ($3,130,000), to be in the exact principal amount, to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Sunland Gardens Phase II MSBU Bond and the Loan Agreement, and to be secured solely by the Sunland Gardens Phase II MSBU Assessments, is hereby authorized. Section 5. Approval of Form of Loan Agreement and Sunland Gardens Phase II MSBU Bond. The Loan Agreement and the Sunland Gardens Phase II MSBU Bond are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver the Loan Agreement and the Sunland Gardens Phase II MSBU Bond to the Bank. Section 6. Authorization of Other Action. The Chairman, the Clerk, the County Administrator, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the Loan Agreement and the Sunland Gardens Phase II MSBU Bond and the repayment of the Prior Loan and are authorized and' empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the execution and delivery of the Loan Agreement and the Sunland Gardens Phase II MSBU Bond to the Bank and the repayment of the Prior Loan, including, but not limited to, the making of modifications to the Loan Agreement and the Sunland Gardens Phase II MSBU Bond to conform the provisions thereof to the provisions of the Commitment. Section 7. Application of Proceeds of Loan. The proceeds of the Loan shall be applied solely to repayment of the Prior Loan and payment of Sunland Gardens Phase II MSBU Project Costs. Section 8. Designation Under Code Section 265(b)(3)(B). The Sunland Gardens Phase II MSBU Bond is hereby designated as a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Code. Section 9. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. 5000/99l00379093.DOCv2 Section 10. Severability. If any one or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of the Resolution or of the Sunland Gardens Phase II MSBU Bond or Loan Agreement delivered hereunder. Section 11. Amendment. This resolution may not be amended or repealed except with the prior written consent of the Bank. Section 12. Effective Date. This resolution shall take effect immediately upon its adoption. Passed and Adopted this 22nd day of September 2009, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chair, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 6 { 5000/99/00379093.DOCv2 } AGENDA TERM LOAN AGREEMENT between ST. LUCIE COUNTY, FLORIDA and SUNTRUST BANK Dated September 23, 2009 Relating to St. Lucie County, Florida $3,130,000 Special Assessment Improvement Bond, Series 2009B (Sunland Gardens Phase II MSBU) { 5000/99/00379323, DOCv2 } TABLE OF CONTENTS Page SECTION 1. DEFINITIONS ........................................................................................................1 SECTION 2. INTERPRETATION ...............................................................................................4 SECTION 3. THE LOAN 5 SECTION 4. DESCRIPTION OF SUNLAND GARDENS PHASE II MSBU BOND ............5 SECTION 5. EXECUTION OF SUNLAND GARDENS PHASE II MSBU BOND ................5 SECTION 6. REGISTRATION AND TRANSFER OF SUNLAND GARDENS PHASE II MSBU BOND .................................................................................................................................5 SECTION 7. SUNLAND GARDENS PHASE II MSBU BOND MUTILATED, DESTROYED, STOLEN OR LOST ..............................................................................................6 SECTION 8. FORM OF SUNLAND GARDENS PHASE II MSBU BOND ...........................7 SECTION 9. SECURITY FOR SUNLAND GARDENS PHASE II MSBU BOND; SUNLAND GARDENS PHASE II MSBU BOND NOT DEBT OF THE COUNTY 7 SECTION 10. COVENANTS OF THE COUNTY .....................................................................7 SECTION 11. REPRESENTATIONS AND WARRANTIES 8 SECTION 12. CONDITIONS PRECEDENT ..............................................................................9 SECTION 13. TAX COMPLIANCE ............................................................................................9 SECTION 14. NOTICES .............................................................................................................10 SECTION 15. EVENTS OF DEFAULT DEFINED ..................................................................10 SECTION 16. REMEDIES ..........................................................................................................11 SECTION 17. NO RECOURSE ..................................................................................................11 SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS.........11 SECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS ...............................12 SECTION 20. BINDING EFFECT .............................................................................................12 SECTION 21. SEVERABILITY ..................................................................................................12 SECTION 22. EXECUTION IN COUNTERPARTS ................................................................12 SECTION 23. APPLICABLE LAW ...........................................................................................1 ~ { 5000/99/00379323.DOCv3; This TERM LOAN AGREEMENT is made and entered into as of September 23, 2009, by and between ST. LUCIE COUNTY, FLORIDA (the "County"), and SUNTRUST BANK (the „B~„ WITNESSETH: WHEREAS, the County has previously determined that it is necessary, desirable and in the best interests of the County and its inhabitants that the County undertake the Sunland Gardens Phase II MSBU Project hereinafter described, and that the Sunland Gardens Phase II MSBU Project will serve essential public purposes of the County; and WHEREAS, the County has previously determined to pay the Sunland Gardens Phase II MSBU Project Costs with the proceeds of the Prior Loan, and it is necessary that funds be made available to the County in order to retire the Prior Loan and to provide permanent financing for the Sunland Gardens Phase lI MSBU Project, and WHEREAS, pursuant to the Commitment, a copy of which is attached hereto as Exhibit B, the Bank has proposed to lend the County funds to permanently finance draws on the Line of Credit, including funds necessary to finance the Sunland Gardens Phase II MSBU Project Costs; and WHEREAS, the County has determined that it is in the best interest of the health, safety, and welfare of the County and the inhabitants thereof that the County pledge the Sunland Gardens Phase II MSBU Assessments to secure the obligation of the County to repay the principal of and interest on the Sunland Gardens Phase II MSBU Bond when due; and WHEREAS, the obligation of the County to repay principal of and interest on the Sunland Gardens Phase II MSBU Bond will not constitute a general obligation or indebtedness of the County as a "bond" within the meaning of any provision of the Constitution of the State, but shall be and is hereby declared to be a special, limited obligation of the County, secured solely by a lien upon and pledge of the Sunland Gardens Phase II MSBU Assessments in the manner provided herein. The County is not authorized and cannot be compelled to levy taxes on any property of or in the County to pay the principal of or interest on the Sunland Gardens Phase II MSBU Bond or to make any other payments provided for herein. Furthermore, neither the Sunland Gardens Phase II MSBU Bond nor the interest thereon shall be or constitute a lien upon the Sunland Gardens Phase II MSBU Project or upon any other property of or in the County; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: SECTION 1. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: "Act" means Chapter 125, Part I, Florida Statutes; as amended, Ordinance No. 87-77 duly enacted by the Board, as amended, and other applicable provisions of law. "Authorized County Representative" means the County Administrator or her delegate. { 5000/99/00379323. DOCv2 } "Authorized Investments" means any obligations, deposit certificates, or other evidences of indebtedness legal for investment pursuant to law, to the extent not inconsistent with the terms of the investment policy of the County and applicable law. "Bank" means SunTrust Bank, a Georgia banking corporation, with offices located at 501 South Flagler Drive, 2^d Floor, West Palm Beach, Florida 33401. "Board" means the Board of County Commissioners of the County, as the governing body of the County. "Bond Counsel" means Bryant Miller Olive P. A., or any other attorney at law or a firm of attorneys, designated by the Board, of nationally recognized standing in matters pertaining to the tax-exempt nature of interest on bonds issued by states and their political subdivisions, duly admitted to the practice of law before the highest court of any state of the United States of America selected by the County. "Business Day" means any day of the year other than a day on which the Bank, or the County are lawfully closed for business. "Chair" means the Chair of the Board of County Commissioners of the County, or, in the Chair's absence, the Vice-Chairman of the Board of County Commissioners, or such other person as may be duly authorized to act on the Chair's behalf. "Clerk" means the Clerk of the Circuit Court for St. Lucie, County, or, in the Clerk's absence, any Deputy Clerk duly authorized to execute documents or take other action, as the case may be, on the Clerk's behalf. "Code" means the Internal Revenue Code of 1986, as amended. "Commitment" means the commitment submitted to the County by the Bank, dated June 9, 2006, and accepted and approved by the Commitment Resolution. "Commitment Resolution" means Resolution No. 06-264, adopted August 22, 2006, accepting the Bank's Commitment to provide both interim and permanent loans to the County to finance various MSBU Projects. "County" means St. Lucie County, Florida. "County Administrator" means the County AdministY'ator, as the chief operating officer of the County. "Default" means an Event of Default as defined and described in Section 16 hereof. "Disbursement Date" means September 23, 2009, or such other date on which proceeds of the Loan are disbursed to the County. "Fiscal Year" means the period from each October 1 to the succeeding September 30. . ~ { 5000/99/00379323. DOCv2 } "Interest Rate" means the rate per annum set forth in the form of Bond attached hereto as Exhibit A, subject to adjustment as provided in Schedule I to the Sunland Gardens Phase II MSBU Bond. "Line of Credit" means the principal amount of $10,000,000 made available by the Bank to the County to finance the engineering and construction of capital projects within municipal services benefit units and approved by the County pursuant to the provisions of the Commitment Resolution, and a Loan Agreement, dated as of September 18, 2006, between the County and the Bank. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means this agreement between the Bank and the County setting forth the terms and details of the Loan. "Master Resolution" means Resolution No. 94-196, adopted by the Board on September 20, 1994, as amended by Resolution No. 95-183, adopted on September 5, 1995, and as further amended from time to time. "Maturity Date" means the last date on which all remaining, outstanding principal of the Sunland Gardens Phase II MSBU Bond is due as shown on Exhibit A hereto. "MSBU" means a Municipal Services Benefit Unit created pursuant to resolution of the Board adopted from time to time. "Paying Agent" means the Clerk of the Circuit Court of the County. "Payment Date" means the dates on which interest on the Sunland Gardens Phase II MSBU Bond is payable, as shown on Exhibit A, hereto. "Person" or words importing persons, means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities, and natural persons. "Prepayment Date" means any date of prepayment of the principal of the Loan by the County, whether in whole or in part. "Principal Amount" means Three Million One Hundred Thirty Thousand Dollars ($3,130,000). "Prior Loan" means the advance of moneys to the County pursuant to the Line of Credit for advances made for Sunland Gardens Phase II MSBU Project Costs. "Register" means the books maintained by the Registrar in which are recorded the name and address of the Registered Owner of the Sunland Gardens Phase II MSBU Bond. "Registered Owner" means the person in whose name the ownership of the Sunland Gardens Phase II MSBU Bond is registered on the books maintained by the Registrar. The Registered Owner shall be the Bank. 3 (5000/99/00379323. DOCv2 } "Registrar" means the Person maintaining the Register. The Registrar shall initially be the Clerk. "Regulations" means the Income Tax Regulations promulgated by the Internal Revenue Service under Sections 103 and 141 through 150 of the Code. "Resolution" means, collectively, the Master Resolution and Resolution No. 09-286, adopted by the Board on September 22, 2009, and all resolutions amendatory thereof and supplemental thereto. "State" means the State of Florida. "Sunland Gardens Phase II MSBU" means the MSBU established pursuant to Resolution No. 05-046, adopted by the Board on February 1, 2005. "Sunland Gardens Phase II MSBU Assessment Resolutions" means, collectively, Resolution No. 09-048, adopted March 3, 2009, approving the preliminary assessment roll, and a resolution to be adopted adjusting and equalizing the final assessments to be levied. "Sunland Gardens Phase II MSBU Assessments" means the special assessments levied within the Sunland Gardens Phase II MSBU pursuant to the Sunland Gardens Phase II MSBU Assessment Resolutions. "Sunland Gardens Phase II MSBU Bond" means the Special Assessment Improvement Bond, Series 2009B (Sunland Gardens Phase II MSBU), of the County, which shall be in substantially the form attached hereto as Exhibit A. "Sunland Gardens Phase II MSBU Project" means the water utility improvements within the Sunland Gardens Phase II MSBU in order to connect the properties to the regional water utility system. "Sunland Gardens Phase II MSBU Project Costs" means all or a portion of the cost of undertaking the Sunland Gardens Phase II MSBU Project including, but not limited to: construction costs of the improvements; acquisition of any lands, engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses, capitalization of interest for a reasonable period of time after date of issuance and delivery of the Sunland Gardens Phase II MSBU Bond, establishment of reasonable reserves for payment of Debt Service; expenses and costs of issuance; reimbursement to the County for any sums heretofore expended for the foregoing purposes; repayment of the advance made under the Line Of Credit; and such other costs and expenses as may be necessary or incidental to the financing or refinancing of the Sunland Gardens Phase II MSBU Project. SECTION 2. INTERPRETATION. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Loan Agreement and all the terms and provisions hereof (a) have been negotiated between the County and the Bank; (b) shall not be 4 { 5000/99/00379323. DOCv2 } construed strictly in favor of or against either party hereto; and (c) shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. SECTION 3. THE LOAN. A. Loan. The Bank hereby makes and the County hereby accepts the Loan, upon the terms and conditions set forth herein. B. Disbursement of Proceeds. Proceeds of the Loan shall be made available by the Bank to the County by deposit of the principal amount thereof to or for the order of the County by 12:00 p.m. on the Disbursement Date in immediately available funds. SECTION 4. DESCRIPTION OF SUNLAND GARDENS PHASE II MSBU BOND. The obligation of the County to repay the Loan shall be evidenced by the Sunland Gardens Phase II MSBU Bond. The Sunland Gardens Phase II MSBU Bond shall be dated as of the Disbursement Date; shall mature as set forth therein; shall be in registered form; and shall bear interest from its date until payment of the principal amount thereof, at the Interest Rate. Interest shall be payable as set forth on Exhibit A, calculated on the basis of a 360-day year consisting of twelve 30-day months, from its date as to principal at the Interest Rate shown on Exhibit A hereto. The Sunland Gardens Phase II MSBU Bond may be prepaid in whole or in part prior to maturity without penalty. SECTION 5. EXECUTION OF SUNLAND GARDENS PHASE II MSBU BOND. The Sunland Gardens Phase II MSBU Bond shall be executed in the name of the County by the Chair and attested by the Clerk, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The Sunland Gardens Phase II MSBU Bond may be signed and sealed on behalf of the County by any person who at the actual time of the execution of such Sunland Gardens Phase II MSBU Bond shall hold the appropriate office in the County, although at the date thereof the person may not have been so authorized. The Sunland Gardens Phase II MSBU Bond may be executed by the facsimile signatures of the Chair and/or Clerk, provided that at least one of the foregoing signatures must be a manual signature. SECTION 6. REGISTRATION AND TRANSFER OF SUNLAND GARDENS PHASE II MSBU BOND. The Sunland Gardens Phase II MSBU Bond shall be and shall have all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code-Investment Securities Laws of the State of Florida, and each Registered Owner, in accepting the Sunland Gardens Phase II MSBU Bond, shall be conclusively deemed to have agreed that such Sunland Gardens Phase II MSBU Bond shall be and have all of the qualities and incidents of negotiable instruments thereunder. There shall be a Registrar who shall be responsible for maintaining the Register. The person in whose name ownership of the Sunland Gardens Phase II MSBU Bond is shown on the Register shall be deemed the Registered Owner thereof by the County and the Registrar, who may treat the Registered Owner as the absolute owner of the Sunland Gardens Phase II MSBU Bond for all purposes, whether or not the Sunland Gardens Phase II MSBU Bond shall be overdue, and any notice to the contrary shall not be binding upon the County or the Registrar. Ownership of the Sunland Gardens Phase II MSBU Bond may be transferred only upon the Register. Upon surrender to the Registrar for transfer or exchange of the Sunland Gardens Phase II MSBU Bond accompanied by an assignment or written authorization for exchange, 5 { 5000/99/00379323. DOCv2 } whichever is applicable, duly executed by the Registered Owner or its attorney duly authorized in writing, the Registrar shall deliver in the name of the Registered Owner or the transferee or transferees, as the case may be, a new fully registered Sunland Gardens Phase II MSBU Bond of the same amount, maturity and interest rate as the Sunland Gardens Phase II MSBU Bond surrendered. The Sunland Gardens Phase II MSBU Bond presented for transfer, exchange, redemption or payment (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The County and the Registrar may charge the Registered Owner a sum sufficient to reimburse them for any expenses incurred in making any exchange or transfer after the first such exchange or transfer following the delivery of such Sunland Gardens Phase II MSBU Bond. The Registrar or the County may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any such new Sunland Gardens Phase II MSBU Bond shall be delivered. The new Sunland Gardens Phase II MSBU Bond delivered upon any transfer or exchange shall be a valid obligation of the County, evidencing the same debt as the Sunland Gardens Phase II MSBU Bond surrendered, shall be secured under this Loan Agreement, and shall be entitled to all of the security and benefits hereof to the same extent as the Sunland Gardens Phase II MSBU Bond surrendered. Whenever the Sunland Gardens Phase II MSBU Bond shall be delivered to the Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Sunland Gardens Phase II MSBU Bond shall be cancelled and destroyed by the Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the County. SECTION 7. SUNLAND GARDENS PHASE II MSBU BOND MUTILATED, DESTROYED, STOLEN OR LOST. In case the Sunland Gardens Phase II MSBU Bond shall be mutilated, or be destroyed, stolen or lost, upon the Registered Owner furnishing the Registrar satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur, the Registrar shall issue and deliver a new Sunland Gardens Phase II MSBU Bond of like tenor as the Sunland Gardens Phase II MSBU Bond so mutilated, destroyed, stolen or lost, in lieu of or substitution for the Sunland Gardens Phase II MSBU Bond, if any, destroyed, stolen or lost, or in exchange and substitution for such mutilated Sunland Gardens Phase II MSBU Bond, upon surrender of such mutilated Sunland Gardens Phase II MSBU Bond, if any, to the Registrar and the cancellation thereof; provided however, if the Sunland Gardens Phase II MSBU Bond shall have matured or be about to mature, instead of issuing a substitute Sunland Gardens Phase II MSBU Bond, the County may pay the same, upon being indemnified as aforesaid, and if such Sunland Gardens Phase II MSBU Bond be lost, stolen or destroyed, without surrender thereof. Any Sunland Gardens Phase II MSBU Bond surrendered under the terms of this Section 7 shall be cancelled by the Registrar. 6 { 5000/99/00379323. DOCv2 } Any such new Sunland Gardens Phase II MSBU Bond issued pursuant to this section shall constitute an original, additional contractual obligation on the part of the County whether or not, as to the new Sunland Gardens Phase II MSBU Bond, the lost, stolen or destroyed Sunland Gardens Phase II MSBU Bond be at any time found by anyone, and such new Sunland Gardens Phase II MSBU Bond shall be entitled to equal and proportionate benefits and rights as to security for payment to the same extent as the Sunland Gardens Phase II MSBU Bond originally issued hereunder. SECTION 8. FORM OF SUNLAND GARDENS PHASE II MSBU BOND. The Sunland Gardens Phase II MSBU Bond shall be in substantially the form of Exhibit A hereto, with such variations, omissions and insertions as may be necessary, desirable and authorized or permitted by this Loan Agreement. SECTION 9. SECURITY FOR SUNLAND GARDENS PHASE II MSBU BOND; SUNLAND GARDENS PHASE II MSBU BOND NOT DEBT OF THE COUNTY. The payment of the principal of and interest on the Sunland Gardens Phase II MSBU Bond shall be secured forthwith solely by the Sunland Gardens Phase II MSBU Special Assessments. The principal of and interest on the Sunland Gardens Phase II MSBU Bond shall not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to or compel the levy of taxes upon any property of or in the County for the payment of the principal of and interest on the Sunland Gardens Phase II MSBU Bond. The Sunland Gardens Phase II MSBU Bond shall not be secured by, or constitute a lien upon or pledge of an interest in the Sunland Gardens Phase II MSBU Project or upon any other property of or in the County, but shall constitute a lien only upon the Sunland Gardens Phase II~ MSBU Assessments in the manner provided herein. SECTION 10. COVENANTS OF THE COUNTY. Until the principal of and interest on the Sunland Gardens Phase II MSBU Bond shall have been paid in full or until (a) there shall have been set apart in the Sinking Fund a sum sufficient to pay when due the entire principal of and interest accrued and to accrue on the Sunland Gardens Phase II MSBU Bond to the Maturity Date, or (b) provision for payment of the Sunland Gardens Phase II MSBU Bond shall have been made in accordance with the provisions of this Loan Agreement, the County covenants with the Registered Owner of the Sunland Gardens Phase II MSBU Bond as follows: A. Collection of Assessments. The County will levy the Sunland Gardens Phase II MSBU Assessments in amounts sufficient to pay the principal and interest on the Sunland Gardens Phase II MSBU Bond in each year; will collect the Sunland Gardens Phase II MSBU Assessments in the manner specified in Section 197.3632, Florida Statutes; and will apply and deposit the proceeds of the Sunland Gardens Phase II MSBU Assessments into the "Sunland Gardens Phase II MSBU Bond Sinking Fund", hereby created and established (the "Sinking Fund"), and a Reserve Account therein. The County will maintain the Sinking Fund as a separate, special fund on the books and records of the County, and will continuously secure the moneys on deposit therein in the manner required for deposits of public funds. B. Reserve Account. On the Disbursement Date the County will deposit amounts required pursuant to the Commitment into the Reserve Account and covenants to maintain such amounts therein required pursuant to the Commitment, such moneys to be used to pay principal of and interest on the Sunland Gardens Phase II MSBU Bond if, at any time the amount on deposit in the Sinking Fund is insufficient to pay the debt service on the Sunland Gardens Phase II MSBU Bond. 7 { 5000/99/00379323.DOCv2 } C. Payments. The County will punctually pay from the Sinking Fund all principal of and interest on the Sunland Gardens Phase II MSBU Bond when due by wire transfer or other medium acceptable to the County and the Bank. D. Financial Statements. Not later than the earlier of 210 days following the end of each fiscal year or 45 days after it is prepared, the County will provide the Bank a copy of the Comprehensive Annual Financial Report of the County and such other information regarding the levy and collection of the Sunland Gardens Phase II MSBU Assessments as the Bank may reasonably request in writing. E. Annual Budget and Other Information. The County will prepare its annual budget in accordance with the Act, and will provide to the Bank (i) a copy of its final annual budget for each fiscal year within 30 days of adoption thereof by the Board and (ii) such other public information as the Bank may reasonably request. F. Tax Compliance. The County will take all actions necessary to maintain the exclusion from gross income for purposes of the Code of interest on the Bond to the same extent as on the date of issuance of the Sunland Gardens Phase II MSBU Bond. The Sunland Gardens Phase II MSBU Bond has been designated a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. G. Other Covenants. The County shall comply with such additional covenants as may be required by the Bank pursuant to the provisions relating to term loans contained in the Commitment and specified in Exhibit B attached hereto. SECTION 11. REPRESENTATIONS AND WARRANTIES. The County represents and warrants to the Bank that: A. Organization. The County is a political subdivision, duly organized and existing under the laws of the State of Florida. B. Authorization of Loan Agreement and Related Documents. The County has the power and has taken all necessary action to authorize the execution and delivery of and the performance by the County of its obligations under, this Loan Agreement and the Sunland Gardens Phase II MSBU Bond in accordance with their respective terms. This Loan Agreement and the Sunland Gardens Phase II MSBU Bond have been duly executed and delivered by the County and are valid and binding obligations of the County, enforceable against the County in accordance with their respective terms, except to the extent that such enforcement may be limited by laws regarding bankruptcy, insolvency, reorganization or moratorium applicable to the County or by general principles of equity regarding the availability of specific performance. C. Sunland Gardens Phase II MSBU Special Assessments. The County has duly adopted the Stulland Gardens Phase II MSBU Assessment Resolution levying the preliminary assessments and will, by July 2010, adopt the Sunland Gardens Phase II MSBU Assessment Resolution levying the final assessments, with all adjustments thereto, thereby complying with all requirements of applicable law in connection with the Ievy of the Sunland Gardens Phase II MSBU Assessments. The Loan further complies with the provisions of the Commitment, i.e., (1) the principal amount of the Sunland Gardens Phase II iVISBU Bond does not exceed twenty percent (20%) of the aggregate taxable value of the parcels subject to the Sunland Gardens Phase 8 5000/99/00379323. DOCv2 } II MSBU Assessments, (2) there are not less than ten (10) individual parcels subject to the Sunland Gardens Phase II MSBU Assessments, and (3) no individual owner of record of parcels subject to the Sunland Gardens Phase II MSBU Assessments owns parcels with a combined taxable value greater than forty percent (40%) of the aggregate taxable value of all parcels subject to the Sunland Gardens Phase II MSBU Assessments. D. Financial Statements. The financial statements of the County for the Fiscal Year ended September 30, 2008, previously provided to the Bank have been prepared in accordance with generally accepted accounting principles and present fairly the financial condition of the County as of such date and the results of its operations for the period then ended. Since such date, there has been no material adverse change in the financial condition, revenues, properties or operations of the County. SECTION 12. CONDITIONS PRECEDENT. The obligation of the Bank to make the Loan is subject to the satisfaction of each of the following conditions precedent on or before the Disbursement Date: A. Action. The Bank shall have received a copy of the Resolution certified as complete and correct as of the closing date, together with an executed Loan Agreement, the executed Sunland Gardens Phase II MSBU Bond, and the customary closing certificates. B. Incumbency of Officers. The Bank shall have received an incumbency certificate of the County in respect of each of the officers who is authorized to sign this Loan Agreement and the related financing documents on behalf of the County. C. Opinion of Counsel to the County. The Bank shall have received a~ written opinion of the County Attorney addressing matters relating to (1) the corporate existence of the County; (2) the due adoption of the Resolution; (3) the due authorization and execution of this Loan Agreement and the Sunland Gardens Phase II MSBU Bond and the related financing documents; and (4) the absence of litigation against the County relating to its existence or powers, or the proceedings for the authorization and issuance of the Sunland Gardens Phase II MSBU Bond, in form and substance satisfactory to the Bank. D. Opinion of Bond Counsel. The Bank shall have received an approving opinion of Bond Counsel or, alternatively, a letter from Bond Counsel authorizing the Bank to rely on the approving opinion of Bond Counsel delivered to the County in respect to the Sunland Gardens Phase II MSBU Bond to the same extent as if such opinion were addressed to the Bank. E. Representations and Warranties; No Default. The representations and warranties made by the County herein shall be true and correct in all material respects on and as of the Disbursement Date, as if made on and as of such date; no Default shall have occurred and be continuing as of the Disbursement Date or will result from the consummation of the Loan; and the Bank shall have received a certificate from the County to the foregoing effect. F. Other Documents. The Bank shall have received such other documents, certificates and opinions as the Bank or its counsel shall have reasonably requested. SECTION 13. TAX COMPLIANCE. Neither the County, nor any third party over whom the County has control, will make any use of the proceeds of the Sunland Gardens Phase II MSBU Bond at any time during the term hereof which would cause the Sunland Gardens Phase II MSBU 9 { 5000l99/00379323.DOCv2 } Bond to be a "private activity bond" within the meaning of Section 103(b)(1) of the Code or an "arbitrage bond" within the meaning of Section 103(b)(2) of the Code or would cause the Sunland Gardens Phase II MSBU Bond not to be a qualified tax-exempt obligation under the provisions of Section 265(b) of the Code. The County covenants throughout the term of the Sunland Gardens Phase II MSBU Bond, to comply with the requirements of the Code and the Regulations, as amended from time to time, with respect to the Loan and the Sunland Gardens Phase II MSBU Bond. SECTION 14. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered, delivered by telecopier, mailed by registered or certified mail, postage prepaid, or delivered by courier service to the parties at the following addresses: County: St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Attention: County Administrator Copy to: St. Lucie County, Florida 2300 Virginia Avenue Fort Piece, Florida 34982-5652 Attention: County Attorney Bank: SunTrust Bank Institutional and Governmental Banking 501 South Flagler Drive, 2°d Floor West Palm Beach, Florida 33401 Attention: John Winn, First Vice President PH: 561/835-2677 and FX: 561/835-2640 Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication via telecopier shall be confirmed by delivery by hand, mail, or courier, as specified above, of an original promptly after such communication by telecopier. SECTION 15. EVENTS OF DEFAULT DEFINED. The following shall be "Events of Default under this Loan Agreement, and the terms "Default" and "Events of Default" shall mean (except where the context clearly indicates otherwise), any one or more of the following events: A. failure by the County to make any payment of principal of or interest on the Bond within three (3) days of the applicable Payment Date or the Maturity Date. B. failure by the County to observe and perform any other covenant, condition or agreement on its part to be observed or performed under this Loan Agreement for a period of fifteen (15) days after written notice of such failure shall have been delivered to the County by the Bank, unless the Bank shall agree in writing to an extension of such time prior to its expiration; C. the making of any warranty, representation or other statement by the County or by an officer or agent of the County in this Loan Agreement or in any instrument furnished in 10 ~ 000/99/003 79323. DOCv2 } compliance with or in reference to this Loan Agreement which is false or misleading in any material adverse respect; D. the filing of a petition against the County under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, if an order for relief is entered under such petition or such petition is not dismissed within sixty (60) days of such filing; E. the filing by the County of a voluntary petition in bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or the consent by the County to the filing of any petition against it under such law; or F. the admission by the County of its insolvency or bankruptcy or its inability to pay its debts as they become due or that it is generally not paying its debts as such debts become due, or the County's becoming insolvent or bankrupt or making an assignment for the benefit of creditors, or the appointment by court order of a custodian (including without limitation a receiver, liquidator or trustee) of the County or any of its property taking possession thereof and such order remaining in effect or such possession continuing for more than sixty (60) days. SECTION 16. REMEDIES. The Registered Owner may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida or of the United States of America, or granted and contained in this Loan Agreement, and to enforce and compel the performance of all duties required by this Loan Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce this Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America, including acceleration of all amounts outstanding under this Loan Agreement or the Sunland Gardens Phase II MSBU Bond. THE COUNTY AND THE REGISTERED OWNER OF THE SUNLAND GARDENS PHASE II MSBU BOND EACH WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON THE SUNLAND GARDENS PHASE II MSBU BOND OR ARISING OUT OF, UNDER OR IN CONJUNCTION WITH, THE SUNLAND GARDENS PHASE II MSBU BOND OR THIS LOAN AGREEMENT. SECTION 17. NO RECOURSE. No recourse shall be had for the payment of the principal of and interest on the Sunland Gardens Phase II MSBU Bond or for any claim based on the Sunland Gardens Phase II MSBU Bond or on this Loan Agreement, against any present or former member or officer of the Board or any person executing the Sunland Gardens Phase II MSBU Bond. SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Loan Agreement, shall be other than a Business Day, then such payment or performance shall be made on the succeeding Business Day with the same force and effect as if done on the nominal date provided in this Loan Agreement, provided that interest on any monetary obligation hereunder shall accrue at the applicable rate to and including the date of such payment. 11 { 5000/99/00379323. DOCv2 } SECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS. This Loan Agreement may be amended only in writing signed by both parties hereto. SECTION 20. BINDING EFFECT. To the extent- provided herein, this Loan Agreement shall be binding upon the County and the Bank and shall inure to the benefit of the County and the Bank and their respective successors and assigns. SECTION 21. SEVERABILITY. In the event any court of competent jurisdiction shall hold any provision of this Loan Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 22. EXECUTION IN COUNTERPARTS. This Loan Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 12 5000/99/00379323. DOCv2 } SECTION 23. APPLICABLE LAW. This Loan Agreement shall be governed by and construed in accordance with the laws of the State. IN WITNESS WHEREOF, the parties hereto have duly executed this Loan Agreement as of the date first above written. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chair, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 13 { 5000!99/00379323. DOCv2 } EXHIBIT A FORM OF BOND No. R-1 $3,130,000 ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2009B (SUNLAND GARDENS PHASE II MSBU) RATE OF INTEREST MATURITY DATE DATE OF ISSUE December 1, 2024 September 23, 2009 REGISTERED OWNER: SunTrust Bank PRINCIPAL AMOUNT: Three Million One Hundred Thirty Thousand Dollars KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on December 1 of each year, to and including the Maturity Date specified above, the installments of the above Principal Amount as shown on Schedule 2 attached hereto and forming a part hereof (the "Schedule"), and to pay solely from such funds interest thereon from the date of this Bond or from the most recent date to which interest has been paid, whichever is applicable, until payment of such Principal Amount, interest at the Rate of Interest shown above, subject to adjustment as set forth in Schedule I attached hereto, such interest being payable semi-annually on each June 1 and December 1 (an "Interest Payment Date") commencing June 1, 2010, with all unpaid interest being due on the Maturity Date, by wire transfer in accordance with written instructions delivered by the Registered Owner to the County or by such other medium acceptable to the County and to such Registered Owner. The principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of America. Interest due hereon shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. This Bond is issued to refinance the Prior Loan from the Line of Credit, which financed the costs of the acquisition and construction of the Sunland Gardens Phase II MSBU Project, under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 of St. Lucie County, Florida, as amended, and other applicable provisions of law, and Resolution 94- 196, duly adopted by the Board of County Commissioners (the "Board") on September 20, 1994, as amended and supplemented, particularly as supplemented by Resolution No. 09-286, adopted. on September 22, 2009 (collectively, the "Resolution"), and pursuant to a Loan Agreement between the County and SunTrust Bank, dated September 23, 2009 (the "Loan Agreement"), to which reference should be made to ascertain those terms and conditions. A-1 { 5000/99/00379323. DOCv2 } This Bond is payable from and secured solely by a lien upon and pledge of the Sunland Gardens Phase II MSBU Special Assessments (the "Pledged Revenues") all in the manner provided in, and subject to the terms and conditions of the Resolution and the Loan Agreement. This Bond is subject to prepayment prior to its date of maturity at the option of the County at any time without penalty. The principal of and interest on this Bond do not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to require or compel the levy of taxes on any property of or in the County for the payment of the principal of and interest on this Bond. The principal of and interest on this Bond are not secured by a lien upon the Sunland Gardens Phase II MSBU Project, or upon any property of or in the County, but are secured solely by the Pledged Revenues in the manner provided herein and in the Loan Agreement. Reference is made to the Loan Agreement for the provisions relating to the security for payment of this Bond and the duties and obligations of the County hereunder. The Registered Owner may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in the Loan Agreement, and to enforce and compel the performance of all duties required by the Loan Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce the Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. THE COUNTY AND THE REGISTERED OWNER OF THIS SUNLAND GARDENS PHASE II MSBU BOND EACH WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON THIS SUNLAND GARDENS PHASE II MSBU BOND OR ARISING OUT OF, UNDER OR IN CONJUNCTION WITH, THE SUNLAND GARDENS PHASE II MSBU BOND OR THE RELATED LOAN AGREEMENT. This Bond may be transferred or assigned by the Registered Owner without the prior written consent of the County provided that (1) the County is given notice of such transfer not later- than ten (10) days prior to the next Interest Payment Date on the Bonds and (2) the transferee provides to the County an investment letter in form and substance materially the same as the letter provided by the Registered Owner to the County upon the original issuance hereof. Upon the occurrence of an Event of Default, as defined in the Loan Agreement, the County shall also be obligated to pay, but only from the Pledged Revenues, all costs of collection and enforcement hereof, including attorneys' fees (including fees incurred on appeal). It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to and in the issuance of this Bond, have been performed, exist and have happened in regular and due form and time as so required. A-2 5000/99100379323. DOCv2 } IN WITNESS WHEREOF, St. Lucie County, Florida, has caused this Bond to be executed by the Chair or Vice-Chairman of its Board of County Commissioners, and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners, either manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the Date of Issue above. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chair of the Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners A-3 { 5000/99/003 79323. DOCv2 } EXHIBIT B BANK'S COMMITMENT LETTER B-1 5000/99/00379323.DOCv2} SCHEDULES TO ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2009B (SUNLAND GARDENS PHASE II MSBU) { 5000/99/00379323. DOCv2 } SCHEDULE 1 ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS (i) Adjustment of Interest Rate for Full Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Sunland Gardens Phase II MSBU Bond shall be increased to a rate per annum equal to 1.3250 times the interest rate borne by the Sunland Gardens Phase II MSBU Bond (the "Taxable Rate"), effective retroactively to the date on which the interest payable on the Sunland Gardens Phase II MSBU Bond is includable for federal income tax purposes in the gross income of the Registered Owner thereof. In addition, the Registered Owner of the Sunland Gardens Phase II MSBU Bond or any former Registered Owners of the Sunland Gardens Phase II MSBU Bond, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States of America by the Registered Owner or former Registered Owners of the Sunland Gardens Phase II MSBU Bond as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the County within sixty (60) days following the Determination of Taxability and demand by the Registered Owner. A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Sunland Gardens Phase II MSBU Bond is includable for federal income tax purposes in the gross income of the Registered Owner thereof, which notice or notification is not contested by either the County or any Registered Owner of the Sunland Gardens Phase II MSBU Bond, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Sunland Gardens Phase II MSBU Bond is includable for federal income tax purposes in the gross income of the Registered Owner thereof, which determination either is final and non-appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the County to the effect that interest on the Sunland Gardens Phase II MSBU Bond is includable for federal income tax purposes in the gross income of the Registered Owner thereof. (ii) Adjustment of Interest Rate for Partial Taxability. In the event that interest on the Sunland Gardens Phase II MSBU Bond during any period becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Sunland Gardens Phase II MSBU Bond, then the interest rate on the Sunland Gardens Phase II MSBU Bond shall be increased during such period by an amount equal to: (A-B) x C where: (A) A equals the Taxable Rate (expressed as a percentage); (B) B equals the interest rate on the Sunland Gardens Phase II MSBU Bond (expressed as a percentage); and (C) C equals the portion of the Sunland Gardens Phase II MSBU Bond the interest on which has become taxable as the result of such tax change (expressed as a decimal). In addition, the Registered Owner of the Sunland Gardens Phase II MSBU Bond or any former Registered Owner of the Sunland Gardens Phase II >uTSBU Bond, as appropriate, shall SCHEDULE 1-1 { 5000/99/00379323. DOCv2 ; be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Registered Owner or former Registered Owners of the Sunland Gardens Phase II MSBU Bond as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the County within sixty (60) days following the Determination of Taxability and demand by the Registered Owner. (iii) Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that the maximum effective federal corporate tax rate (the "Maximum Corporate Tax Rate) during any period with respect to which interest shall be accruing on the Sunland Gardens Phase II MSBU Bond on atax-exempt basis, changes from the Maximum Corporate Tax Rate then in effect, the interest rate on the Sunland Gardens Phase II MSBU Bond that is bearing interest on atax-exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect on the Sunland Gardens Phase II MSBU Bond by a fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate Tax Rate in effect as of the date of adjustment and B equals the Maximum Corporate Tax Rate in effect immediately prior to the date of adjustment. (iv) Adjustment of Interest Rate for Other Changes Affecting After-Tax Yield. So long as any portion of the principal amount of the Sunland Gardens Phase II MSBU Bond or interest thereon remains unpaid (a) if any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of interest on the Sunland Gardens Phase II MSBU Bond or causes a reduction u1 yield on the Sunland Gardens Phase II MSBU Bond (other than by reason of a change described above) to the Registered Owner or any former Registered Owners of the Sunland Gardens Phase II MSBU Bond, including without limitation the imposition of any excise tax or surcharge thereon, or (b) if, as result of action by any pubic body or governmental agency, any payment is required to be made by, or any federal, state or local income tax deduction is denied to, the Registered Owner or any former Registered Owners of the Sunland Gardens Phase II MSBU Bond (other than by reason of a change described above or by reason of any action or failure to act on the part of any Owner or any formers Registered Owner of the Sunland Gardens Phase II MSBU Bond) by reason of the ownership of the Sunland Gardens Phase II MSBU Bond, the County shall reimburse any such Owner within five (5) days after receipt by the County of written demand for such payment, and the County agrees to indemnify each such Owner against any loss, cost, charge or expense with respect to any such change. The determination of the after-tax yield calculation shall be verified by a firm of certified public accountants regularly employed by the Bank (or the current Owners of the Sunland Gardens Phase II MSBU Bond) and acceptable to the County, and such calculation, in the absence of manifest error, shall be binding on the County and the Registered Owner. SCHEDULE 1-2 { 5000/99/00379323. DOCv2 } SCHEDULE 2 ST. LUCIE COUNTY SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2009B (SUNLAND GARDENS PHASE II MSBU) AMORTIZATION SCHEDULE EXHIBIT B Date Payment Interest Principal Balance 6/1 /2010 12/1/2010 6/1/2011 12/1/2011 6/1/2012 12/1/2012 6/1 /2013 12/1 /2013 6/1/2014 12/1/2014 6/1/2015 12/1 /2015 6/1 /2016 12/1/2016 6/1/2017 12/1/2017 6/1 /2018 12/1/2018 6/1 /2019 12/1 /2019 6/1 /2020 12/1 /2020 6/1 /2021 12/1 /2021 6/1 /2022 12/1 /2022 6/1/2023 12/1 /2023 6/1 /2024 12/1 /2024 Totals: $ $ $3,130,000.00 { 5000/99/00379323. DOCv2 } - tl AGENDA REQUEST ITEM NO. VI-B-12 _ _ _ _ _ DATE: September 22, 2009 ~ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Dory and Maria Lopez for delinquent Impact Fees pursuant to Resolution No. 09-114. BACKGROUND: See CA No. 09-0683 PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Dory and Maria Lopez and sign the Agreement as drafted by the County Attorney's Office. COMMISSION ACTION: CONCURRENCE: APPROVED { ]DENIED OTHER: ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Revlew and Approvals v [X] County Attorney: n ( pvlanagement 8 Budget: EX;} PiibGc'Works: Daniel MGntyre Chrfs.L'esfrange [ ]Road & Budge.: [)Parks & Recreation Director [ ]Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) Eftectlve 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: 09-1067 DATE: September 22, 2009 SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Dory and Maia Lopez for delinquent Impact Fees pursuant to Resolution No. 09-114. BACKGROUND: St. Lucie County has adopted ordinances establishing impact fees so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public buildings, roads and parks in St. Lucie County. On September 6, 2005, the Board of County Commissioners approved Ordinance No. 05-030 which provided for an alternative method for collection of impact fees for public buildings, roads and parks. The alternative collection mechanism provided for the County to serve an Impact Fee Statement notice upon the Fee Payer. If the impact fees were not paid and became delinquent, the County served a Notice of Lien upon the Fee Payer and the Owner. The Notice of Lien advised that upon failure to pay the impact fees, the County would record a Claim of Lien with the Clerk of the Circuit Court. Once recorded, the Claim of Lien constituted a lien against the property. On February 3, 2009, the Board of County Commissioners granted permission for the County Attorney to file suit to foreclose said lien(s). It has been requested by Fee Payers to enter into a payment plan to pay the unpaid principal balance, accrued interest, late charges and other default-related costs recoverable under the terms of the Lien, Resolution No, 09-114 allows the Board of County Commissioners to enter into a payment plan with the delinquent fee payer. Such payment schedule shall be in conformity with the following guidelines: A) The terms of the Payment Schedule must be included within a binding Agreement between St. Lucie County and the Fee Payer. B) The Fee Payer shall agree to pay equal monthly payments for a term not to exceed 18 months beginning the month following execution of the Agreement. Payments shall be calculated on a calendar day basis, until paid in full, using the total impact fees, plus the delinquency fee and interest set at the statutory rate for final judgments. An amortization table shall be attached to the Agreement. t C) In the event that an action in bankruptcy, mortgage foreclosure or any other interests in the land is instituted, then the full amount of the impact fee shall immediately be due and the County will be authorized to protect any interest that it has in that property. D) Monthly payments will only be accepted for the agreed amount. However, nothing shall prohibit paying the entire balance due at any time during the 18 month term. E) The lien imposed upon the property for the payment of the delinquent impact fees shall remain in place and shall not be released until all impact fees and delinquency fees are paid in full; F) In consideration for the Agreement authorizing the payment of impact fee under a schedule, the Fee Payer shall waive any rights they may have under the statute of limitations or any other law for the institution of an action for the foreclosure of the lien. Dory and Maria Lopez of 35250 SW 177 Court, Lot 179, Miami, FL 33034 have asked for your consideration to enter into the Impact Fee Payment Agreement. Their payment would be $175.16 for 18 months for a total of $3152.88. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Dory and Maria Lopez and sign the Agreement as drafted by the County Attorney's Office. i Respectfully submitted, I ~ KMS/cb Katherine Mackenzie-Smith Attachment Assistant County Attorney i.~ IMPACT FEE PAYMENT AGREEMENT 1. PARTIES. "LOPEZ" means "Dory & Maria Lopez" 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 October 26, 2006, the County recorded a Claim of Lien for failure of impact fees to be paid. 3. PROMISE TO PAY. LOPEZ promises to pay the principal sum of $2939.00 plus interest fees for a total of $3152.88. Interest wilt continue to accrue on this amount until paid in full. LOPEZ 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, LOPEZ shall pay $175.16 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 LOPEZ. 5. RIGHT TO PREPAY. - LOPEZ 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 LOPEZ 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 LOPEZ 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 LOPEZ 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 5:\ATT115UfTS\1 -Foreclosure Blank Forms\Impact Fee Lien Foreclosures\LOpez, Dory & Maria - 5823 NW Dooley Circle\IMPACT FEE PAYMENT AGREEMENT.wpd Page 1 of 3 law. County's rights are cumulative and maybe exercised together, separately, and in any order. 7. WAIVERS. LOPEZ and any other person who has obligations under this Agreement waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the County to demand payments of amount due. "Notice of dishonor" means the right to require the County to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES. Unless applicable law requires a different method, any notice that must be given to LOPEZ under this Agreement will be given by delivering it ar by mailing it by first class mail to LOPEZ at 35250 SW 177 Ct., Lot 179, Miami, FL 33034 or at a different address if LOPEZ has given the County written notice of a different address. Any notice that must be given to County under this Agreement will be given by first class mail to the County at the address stated in paragraph 4. B, or at a different address if LOPEZ is given a notice of that different address. BY SIGNING BELOW, the parties accept and agree to the terms and covenants contained in this Agreement. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: DORY LOPEZ BY: Print Name• WITNESSES: MARIA LOPEZ BY: Print Name: 5:\ATTY\SUITS\1 -Foreclosure Blank Forms\Impact Fee Lien Foreclosures\Lopez, Dory & Maria - 5823 NW Dooley Circle\IMPACT FEE PAYMENT AGREEMENT.wpd Page 2 of 3 - - IMPACT FEE PAYMENT AGREEMENT Address 5823 NW Dooley Cir Public Building -Correction $ 237.45 Tax ID number 3420.731-0621-0003 Public Building -Other $ 118.55 Permit number 0621732 Parks $ 468.00 Road $ 2,115.00 $ 2,939.00 10% Delinquency fee Loan amount $ 2,939.00 $ 2,939.00 Annual interest rate 9.00% Interest Loan period in years ~ 1.5 Recording fees Start date of loan 8/1 /200,9 Loan amount $ 2,939.00 Monthly payment $ 175.16 Number of payments 18 Total payment $ 3,.152.88 Payment Beginning Monthly No. Date Balance Payment Principal Interest Ending Balance Payoff Amount 1 9/1/2009 $ 2,939.00 $ 175.16 $ 153.12 $ 22.04 $ 2,785.88 $ 2,961.04 2 10/1/2009 $ 2,785.88 $ 175.16 $ 154.26 $ 20.89 $ 2,631.62 $ 2,806,78 3 11!1/2009 $ 2,631,62 $ 175.16 $ 155.42 $ 19.74 $ 2,476.20 $ 2,651.36 4 12/1/2009 $ 2,476.20 $ 175.16 $ 156.59 $ 18.57 $ 2,319.62 $ 2,494.77 5 1/1/2010 ~ $ 2,319.62 $ 175.16 $ 157.76 $ 17.40 $ 2,161.85 $ 2,337.01 6 2/1/2010 $ 2,161.85 $ 175.16 $ 158.94 $ 16.21 $ 2,002.91 $ 2,178.07 7 3/1/2010 $ 2,002.91 $ 175.16 $ 160.14 $ 15.02 $ 1,842.78 $ 2,017.93 8 4/1/2010 $ 1,842.78 $ 175.16 $ 161.34 $ 13.82 $ 1,681.44 $ 1,856.60 9 5/1/2010 $ 1,681.44 $ 175.16 $ 162.55 $ 12.61 $ 1,518.89 $ 1,694.05 10 6/1/2010 $ 1,518.89 $ 175.16 $ 163.77 $ 11.39 $ 1,355.13 $ 1,530.28 11 7/1/2010 $ 1,355.13 $ 175.16 $ 164.99 $ 10.16 $ 1,190.13 $ 1,365.29 12 8/1/2010 $ 1,190.13 $ 175.16 $ 166.23 $ 8.93 $ 1,023.90 $ 1,199.06 13 9/1/2010 $ 1,023.90 $ 175.16 $ 167.48 $ 7.68 $ 856.42 $ 1,031.58 14 10/1/2010 $ 856.42 $ 175.16 $ 168.73 $ 6.42 $ 687.69 $ 862.85 15 11/1/2010 $ 687.69 $ 175.16 $ 170.00 $ 5.16 $ 517.69 $ 692.85 16 12/1/2010 $ 517.69 $ 175.16 $ 171.27 $ 3.88 $ 346.41 $ 521.57 17 1/1/2011 $ 346.41 $ 175.16 $ 172.56 $ 2.60 $ 173.85 $ 349.01 18 2/1/2011 $ 173.85 $ 175.16 $ 173.85 $ 1.30 $ - $ 175.16 Printed: 8/25/2009 Page 3 of 3 " ~ r _ AGENDA REQUEST ITEM NO. VI-6-13 ~ ~ . • _ ~ Date: September 22,2009 Regular [ ] Pubiic Hearing [ ] ' Consent [X] -Addition TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: T & T Land, Ltd. -Permission to Advertise Horse for Sale at Auction BACKGROUND: See C.A. No. 09-1180 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners authorize the sale of the horse nt auction to pre-qualified bidders. COMMISSION ACTION: CONCURRENCE: ~jQ APPROVED [ ]DENIED [ ]OTHER: '1r Approved 5-0 Faye W. Outlaw, M.P.A. County Administrator Coordination/Si nature County Attorney: M t. & Bud et: Purchasin 9 9 g Daniel 5. McIntyre Marie Gouin Originating Dept.: Other : Other Diann Lewis Finance (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Henther Young, Assistant County Attorney C.A. NO: 09-1180 DATE: September 15, 2009 SUBJECT: T & T Land, Ltd. -Permission to Advertise Horse for Sale at Auction BACKGROUND: In con junction with the eminent domain proceedings against T & T Land, Ltd., the County filed a Declaration of Taking on January 2, 2009. When the former owner vacated the property on August 18, 2009, all remaining personal property left on the premises became the property of the County, including a horse. The former owner has indicated he was unable to relocate the horse and no longer has an interest in doing so. Several people have since contacted the County to express an interest in the horse. Accordingly, staff recommends that the horse be offered for sale at auction to pre-qualified bidders as has been done in the past with horses seized in neglect cases. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners authorize the sale of the horse at auction to pre-qualified bidders. Respectfully submitted, . h---s-. Henther Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Management and Budget Director Animal Control Coordinator ITEM NO. VI-C - - DATE: 09/22/09 • • ~ . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Carl Holeva, off SUBMITTED BY: Human Resources Department Human Resources Director SUBJECT: Compensation for staff called for active duty during the fiscal year of October 1, 2009 to September 30, 2010. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds are available in the various department budgets for personnel who are called for active duty. PREVIOUS ACTION: September 23, 2008 - BOCC approval for FY '08-'09 RECOMMENDATION: Board authorization to extend the time frame for compensation for staff called to active duty for the fiscal yea f of October 1, 2009 to September 30, 2010. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~-lt ~ A roved 5-0 Faye W. Outlaw, MPA PP County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) J,„ p,(N Budget Analyst ~ u1~~ Datf Mclntrye Marie Gouin K ~..,}i.., H o Originating Dept. ( ) ERD ( ) Carl Holeva (Name) Human Resources • MEMORANDUM TO: Board of County Commissioners FROM: Carl Holeva Director, Human Resources DATE: September 22, 2009 SUBJECT: Compensation for staff called to active military duty ITEM NO. VI-C Background: On October 23, 2001, the Board of County Commissioners approved compensation for staff called up for active military duty based on the Governor Jeb Bush and Florida Cabinet resolution. At the time, the agenda item stated, this policy will be reviewed on an annual basis due to the uncertainty of the conflict. The main concern of employees who are called up is the security of their County position. This concern was addressed in the October 23, 2001, agenda item reading "upon termination of service, or upon their honorable discharge, they shall have the right to return to their positions or a comparable position in the County service without suffering any loss of standing or seniority". Recommendation: Board authorization to extend the time frame for staff called to active duty for the fiscal year October 1, 2009 to September 30, 2010. Attachment(s): Governor Busch's Resolution of September 25, 2001 v AGENDA UEST ~~G`F' COIj~ ITEM NO. C-7 ~ ~ ~ DATE: 'Oct. 23, 2001 cn ~ -c ~ REG ' [ ] I PUBLI HEARING [ ] F~OR~~A CONSE ;T [xxx] TO: BOARD OF COUNTY COMMISSIONERS • 1~ESENTED BY SUBMITTED BY (DEPT): HUMAN RESOURCES DEPARTMENT avid Rodriguez uman Resources Director SUBJECT: Compensation for staff called up for activ 'military duty. BACKGROUND: On Sept. 25, 2001, Governor Jeb Bush rid the Florida Cabinet passed the attached resolution suggesting that emp byees of all political subdivisions of the state, will receive full civilian ay in addition to their military pay for the first 30 days of their active ~#ty,and will thereafter receive the pay necessary to raise their military p to the level of their civilian 'pay and continue their existing benefits. FUNDS AVAIL.:102-1520-512000-100 505-1331-512000-100 001-5310-512000-500 140-4210-512000-400 001-1930-512000-100 001-1301-512000-100 001-1955-512000-100 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve he attached request and authorize approval by the Chairman. COMMISSION ACTION: ONCURRENCE• [ X ] _ APPROVED [ ] DENIED [ ] OTHER Do s Anderson u ty Administrator Review and A rova s County Attorney: ~ Management 6 Budget °C ~ Purchasing Originating Dept. //~/L Other: Other: Finance: (Check for Copy only, if applicable)- Eff. 5/ % i f t w.. . J ~ ~G~E CMG AGENDA 2~ TO: BOARD OF COUNTY CONII~lISSIONERS ~ ~ ~ FROM: David Rodriguez Human Resources Director 'c~ 0 R10P DATE: Oct. 16, 2001 SUBJECT: Compensation for staff called to active military duty BACKGROUND: On Sept. 25, 2001, Governor Jeb Bush and the Florida Cabinet passed the attached resolution suggesting tha~ employees of all political subdivisions of the state, will receive full civilian pay in addition to their military pay for the first 30 days of their active duty, and will thereafter receive the pay necessary to raise their military pay to the level of their civilian pay and continue their existing benefits. RECOI~NDATION: Staff recommends that the employees called to act=ve duty receive full civilian pay in addition to their military pay for the first 30 days of their active duty, and will thereafter receive the pay necessary to raise their military pay to the level of their civilian pay and continue their existing benefits for a period of 365 days. Also, to continue their health insurance for the employee and their family, the employee pcrtion of the insurance cost will be deducted from the supplemental pay. The employee called to duty will be covered by the military for health and life insurance. Our coverage will allow the families to continue with their present health care providers. Upon the termination of service, or upon. their honorable discharge, they shall have the right to return. to •t heir positions or a comparable position in the County service without suffering any loss of standing or seniority. Due to the uncertainty of the declared war, this policy will be reviewed on an annual basis. Respectfully su mitted, David Rodriguez Human Resources Director DR/mp Attached: Governor Bush's Resolution of Sept. 25, 2001 Employee handbook page 12 & 13 Military DLity y ~ - ' - ~ • ` • RF,S,t1i,TtT1'ON • WRERF,AS, the Utu[ed Statts otAmcrica was founded oL the principles of Iiberty, freedom, and justice foraIl; and . Wllt:lil~:AS, tluoughout hisrory, Arnezi~en soldiers have been called upon to di:!'~ztl these principles bodr at home and throughout tha world; and WAERF,AS, oa September 11, 200i aha Ututed Statts was subject to acts ofwtupcrpctuatcd a;ainstciviliacts by terrorists; and WIIEAEAS, in response to tlttse acts of terror, the Prt:sidcnt of the United States has called upon re;trvcs of chc Arn,cd Forces of the Uuittd States sad mtmbtn of the Natinnai Guard to protect America's citizens and het fi'etdoms; and WHEREAS, many of these American soldizCS called to duty lu defend our libtnits arc full-time state employes wirost civilian pay exceads their military compensation; and WI~KI~',AS, the families of these soldier, dcf'cnding liberies enjoyed by a1I, tray now bt facing undue financial hard~h.ip in addition to the pain of Sepat:.tI011; aAd WHERE,4S, the 1=locida Lt~islattuc has provided in sections 11.09 and l 15.1;, r[orida Statutes, that ail officials and employes of the state, counries and municipalities or politics! subdivisions of the state, may receivt full civilian pay in • addition to [heir military pay for the first 30 days of this active duty, and rimy therealitr nccive he pay necessary [o wise their military pay to d,e level of their civilian gay and continua [h.ir e~tistin; benefits. i fYOW, TIIERLFORI•:, BE IT RESOLVED that the Governor and Cabinet , of the State of Floridz do hereby direct all agtucits under their jurisdiction to implement the provisions of Florida's Military Service Cotnpensatioa Law for all ~ employees called to active duty as a result of these terrorist acts. The Govzraor i and Cabinet of the Scale nt Florida strongly encourage the counties, municipalities end political subdivisions of the start to lilcrwisc implement the provisions of the reservist comgeasetian law for U,eir employees. Tht Governor and CabincL of the State of Florida entout'ag: private employer, to the extent they are able, [o take sittullr actions to make whale those people called to active duty as a result of this tc:=orist attack. ndditianaily, all agencies under the Govcmor and the Cabinet of the State of Florida's jnri_sdictiun arc directed to consider additional actions flat maybe warranted. ' 1N 7'h:Sl'IMOCtY WHEREOF, the Governor and Cabinee a! rho State of ' Florida have hcrcunto subscribed their names sad have cawed the official seal of the Slalc of Florida to be heieuutu a[fucd in the City of Tallahassee [his 2~'" day of September 2001. . y ' i r' i~ 1 / . I t 3.17 MILITARY LEAVE Employees who are members of the Florida National Guard or other military reserve units who are duly ordered by their commanding officer to engage in active duty, field exercises, or other training shall be entitled to a leave of absence from their respective duties for up to a maximum of seventeen (17) days. Said employees shall be entitled to the full pay and benefits they would have otherwise earned during said leaves of absence. If the leave exceeds seventeen (17) days, it will be without pay. Upon the termination of such service, or upon their honorable discharge, they shall have the right to return to their position or a comparable position in the County service, provided such position still exists and they are otherwise qualified, without suffering any loss of standing or seniority of any kind whatsoever. Federal and State regulations may supersede the above. Employees are advised to consult the Human Resources Department for any new regulations and for information concerning health and life insurance continuance while on military leave. The County will comply with the Uniformed Services Employment and Re- employment Rights Act of 1995 (USERRA). A copy is on file in the Human Resources Department. An employee drafted or ordered to active duty in connection with reserve activities other than short-term training, as outlined in the first paragraph above shall, upon presentation of a copy of his/her official orders, be granted to a leave without pay extending ninety (90) calendar days beyond the date of separation from the military services. All unused leave benefits shall be retained by the employee who shall have the same credited to his/her records if applying for reinstatement. During such leaves of absence the employee shall be entitled to preserve all rights established by the County Employee Handbook. Upon separation from military service, the employee must request reinstatement within the ninety (90) calendar day period immediately following separation. The County may require the employee to undergo a medical examination and drug test to determine fitness to perform the duties of the position to which he/she may be returning. If the employee volunteers for an additional tour of military duty, he/she forfeits reinstatement rights. Per Florida Statute 115.14,"... All employees of the state, the several counties of the state, and the municipalities or political subdivisions of the state shall be granted leave of absence under the terms of this law; upon such leave of absence being granted said employee shall enjoy the same rights and privileges as are hereby granted to officials under this law, insofar as may be, including, without limitation, receiving full pay for the first 30 days. Notwithstanding the provisions of s. 115.09, the employing authority may supplement the military pay of its officials and employees who are reservists called to active military service after the first 30 days in an amount necessary to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The employing authority shall continue to provide all health insurance and other existing benefits to such officials and employees as required by the Uniformed Services Employment and Reemployment Rights Act, Chapter 43 of Title 38 U.S.C." ITEM NO. VI-D1 ~ ~ - - DATE: 9/22/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor SUBMITTED BY: Parks and Recreation, Tradition Field Parks Manager SUBJECT: Bid waiver and award of contract to Sports Turf One, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 461-75201-546300-700 Tradition Field -Grounds Maintenance PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to waive the bid process and award a contract to Sports Turf One, Inc. in an amount not to exceed $75,000 as outlined in the agenda memorandum, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director /~~r1 County Attorney (X) -F.. p~ ~ Budget Analyst (X) ~~1.~ D na iel McIntyre Marie Gouin N 4"`~ ~PaC,tt~y Marston Originating Dept. (X) Purchasing (X) Debra Brisson Melissa Simberlund Parks and Recreation • . ~ ~ MEMORANDUM TO: Board of County Commis io ers THROUGH: Debra Brisson, Director FROM: Guy D. Medor, Park ger DATE: September 22, 2009 SUBJECT: Bid waiver and award of contract to Sports Turf One, Inc. ITEM NO. VI-D1 Background: Maintenance of major league professional baseball fields is a specialized service. Since 1999, Sports Turf One, Inc. has been providing complete field services at Tradition Field. Attached is a letter from Sport Turf One, Inc. detailing their specialty services and a list of their municipal and professional baseball references. In accordance with section 5.5 (a) (4) of the County's Purchasing Manual, the Board of County Commissioners can waive the requirement for formal sealed bids if the request is for a contract for the maintenance, repair or servicing of existing facilities owned by the County. Staff is requesting the Board of County Commissioners waive the bid requirement per the County's Purchasing Manual and approve a contract in an amount not to exceed $75,000 to Sports Turf One, Inc. for FY 2010 in order to provide continuity of maintenance service to comply with major league baseball standards. Previous Action: August 12, 2008 - BOCC approved bid waiver and award of contract to Sports Turf One, Inc..in the amount of $35,000. September 9, 2008 -First amendment to contract increasing contract amount to $75,000. Recommendation: Board approval to waive the bid process and award a contract to Sports Turf One, Inc. in an amount not to exceed $75,000 as outlined in this agenda memorandum, and authorization for the Chair to sign documents as approved by the County Attorney. f Board of ` s~ r. ` Parks ~ Recreation Department Count Commissioners MEMORANDUM To: Marie Gouin, Office of Management and Budget Qirector Thru: Debra Brisson, Parks and Recreation Director From: Guy D. Medor, Parks Manager , ~ r' Subject: Bid waiver and award of Contract to Sports Turf One, Inc. Date: September 15, 2009 Maintenance of major league professional baseball fields is a specialized service. Since 1999, Sports Turf One, Inc. has been providing complete field services at Tradition Field. Attached is a letter from Sport Turf One, Inc. detailing their specialty services and a list of their municipal and professional baseball references. In accordance with section 5.5 (a) (4) of the County's Purchasing Manual, the Board of County Commissioners can waive the requirement for formal sealed bids if the request is for a contract for the maintenance, repair or servicing of existing facilities owned by the County. Approved: ~r~ Marie ouin, Office of Management and Budget Director ~ ~ ~ S ors ~x1~. ~ _ SpoFta Field Deter, Ctrnsttucdrog ~C ~faLitentance • GotFCAUrs~: Co~rbractio~a A HAVEIt1A11TD Cf?11~i'AAtY August 27, ZUU9 Ms. l'am Medina Tradition ricld Spurts C~ontptmc S2~ l~ Yerw~ek I3aukvard Part St. LttCie;, Florida 34986 ik::tr Nxs, Medina, Sports 'I'utf one, Tne. is the ot<ly such business in the date ~t prhwidc,s athletic bald design, caonstrvction and maintenance as our principle buginc~s, We build and renovate approamvatety 35U - 4QU atliletie fields Cacti year_ CJur spasielty aervicos uteIude laser guidCd graditr~ equipment and sand top eiressit~. We p.~ow and m Bermuda sports turf far ma~ot and minor league team, tkuiv~er3ilic9, spring ttuinin& facilities. consult fca muaiailialilies and enginxrinq firms. We grQVide design and huiW. pnrjeds far publre;. and privek: entities. (:onizact>zr~s all o~x the slate dcpeud aai ns to per~cmn this type of raialty wotic_ Sprats field cor~ttvctiot} ag a Rpcctalty rrecvic~ '!'hea+e are trades that attempt W provide same similar se?vie~es bra Ilex ~t have the level of etcporieneC sari! exptrtise: 'Fltis is wideatby ittc fact tlyat forty ,~eroent aP wurlc is rem or replacing athletic tYClds less thatr twa ye:art; olefi Most of wiueab wens built by landscaping ar paving contraetctr3 who eto not understand file neadc oi'the: sports turF envirpnmcnt ~osc paoSecE, failed for a muttitnde o1`re~ems 6trt generally 6eeausa of tl~e iaeit of unrle~standing r1F soil tuechwies, drainago and vrxy poor grading. Our family ]tau dovelopcd and maintained three (3) sod farms in the Statc of Florida. We have t6C experience that is tuisurpaaved. We aro an active membex of vazivus trade oy~nizations associated with athletic field con~~trus~ian and igtwataaanco SetCh as Sports 't'urf Manager Association acid 'l~l]IC Flnr[da. '[lirf}p~ris Association. I have: auat;hcxl scYC7aC zu fit7m utajor teagues~ minor leapua~ municipalitias and private soctois for your ravi~v. Should you have any questions or cotximents please tieel~ time to ere~atact me} at 561.396:7994. SiSa~rely, t ti Haveriand itlcnt irncls. )813 &cate Road 7 • Be,yaw~ Bc:.uli, Y~'1.33~i72 (S~ilj 369-7994 • Fa:,: (56Iti ?64-111!3 • F~irre~t~erigQl~ee: {Sfii) 375-7sott W WVG:3~'(~RTSTiJRFdNE.C4M Sports Feld Design, Canstructivn & Mainrenanoe • c:c,l~ (:curse: C~nsttaction .4. HA~.1L[.1~T~1.3 E:DMPAT~Y w r i.!~V~`~A7~iVtTl~is I71`~~?~~f~~L RITi~(fi~.~T.~~~13 Avc Maria UFliversity: At~lctic 1~ i~ld Cc~.~ructu~ Suff~oTkllra~ f :otzstrt~tlon Mr.1'hitip t~ibcaux - 5~1.23~.14~ 1 13ucky Uent Baschall School: Mr_ Larry Hoskin - ~61.2G.5_Q28Q Char4oEte f~~? Spt~r~ YaF{c: 7~um,~a Buy 1~uyti ~~pring '`ruining J~`crcr~ity Multiple Baseball 1~ iefds Mr. Chris Bauer -941.629.1428 Dod~~ Tout: ~ lloc~fg~r~ Sprin~> 71-ainin~ 1~`uc itty MuTtipTe Fields Mr. St,~ve CarTswarcl - 772.299.b751 p'oct l.~auderdale tedium: fialtimare f h-iales Sprirr~ 7'rairri~sg.FSa~ifity Mr. Dvn T~aib - 954.771~.t92t ext 31130 Rngra• Dean Stadium: Florida hlcrrlisxt.I~SF I.ctuis (~urcfuru~x ~~rCg 7ruinin~ ~tr~ility A+tu}tiple .~ieTds Mr. 11~fdnhatT fenttin~- Sb1.63Q 1854 ~~ra(I1tIOTl r~leld: Nex~ York M~;ts ~Sprirtg Training Ma.11iFTe B~.~balF ~iclds Mr..l.y B~sv~es - T72.871.S47R X819 Sure Road 7' • I~a~n~a leach, Fi. 33~7~ (Sdt}369-7954 • ~.~x: f~6I} 364-I1 ig - FstF~ztiug €?f~ce: ~56.fr 375~78Q8 W W V~ SPt31~`[jI~CI1~I E~:. CCU ~i ~ turf n~~ _ _Seorts Field Ce?nstxnccion & M~te~ce •GoIf Co~tc~se (:esasm~ction 11 I-IAYE.LtI.t4NI~ CQMPAI~FY • * M r L~iV ~~~Jli ~.l~r~ ~~~~iJ~lr i:lFJ liroward County School iivard E;it~ of d ~h C:hartotte County Schor~l Board Carty ofgalm Beach farc~ens ~;ily of Boca Raton City c~fParktand Pity of Cacona~t f~ee~ Cry o€i'en36~'oke Fig City ofl)ania Beach f`ity of Part St. Lucic C' ity cif Delray Bich Ittdi~n River County City of Port Lauderdale A~ianti~~ C:oun~ Ciiv of Hialeah C)SCeola County City of tlollyvvood Palm Bcach C;~~unty city of Laic Vtfor#h St. Lucie Cody City ofl.aucierhill State ofFtorida City c~€'lltia~i 'FQ~rn of Jupiter City of Miami Gardens !!il{a~e+ of Wettix~glo~ C.'.ity of North Lauderdale Mc~zF~ers: (;C;,SAA • F14.~ • STTvEA . l~GCSA 9~iI~ Stec ftaacl 7 Baynma Reark, 'FL ~3~43? {_SGI. } 3C9-7994 t=auc: (SCE t j 364-11 T fi . I;ctituaung f_3#I•i~: f Sfil) 37~-~fif)8 (RGSj 908-7R3 t y.? ITEM NO. VI-D2 ~ ~ ~ - - DATE: 9/22/09 s . . - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Patti Raffensberger SUBMITTED BY: Parks and Recreation, Recreation Recreation Manager SUBJECT: Budget Resolution 09-277, Children's Services Council Summer Camp and Swim Lessons Grant Funds BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: January 27, 2009 - BOCC approval of grant applications. March 20, 2009 -Award of grant funding. August 11, 2009 - BOCC approval of Budget Resolution 09-228, accepting $13,115 for June expenses. September 8, 2009 - BOCC approval of Budget Resolution 09-256, accepting $16,593 for July expenses. RECOMMENDATION: Board approval of Budget Resolution 09-277, allocating $12,500 in summer camp and swim lessons grant funds from the Children's Services Council of St. Lucie County as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director County Attorney (x) Q:Sm Budget Analyst (x) ~ ~ I I ~ ~l` Danie S. McIntyre Marie Gouin H'am'-y Patty Marston Originating Dept. (x) Debra Brisson (Name) Parks and Recreation ~ - ~ - a ' ~ ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director FROM: Patti Raffensberger, Recreation Manage DATE: September 22, 2009 SUBJECT: Budget Resolution 09-277, Children's Services Council Summer Camp and Swim Lessons Grant Funds ITEM NO. VI-D2 Background: Since 2005, the Recreation Division has applied to the Children's Services Council of St. Lucie County (CSC) for scholarships for children to attend summer camp and for swim lessons. This year, the CSC awarded SLC Parks & Recreation up to $45,940 for scholarships for three camps (two at the Fenn Center and one at Westwood High School) and $5,000 for swim lessons. The County receives the funds for camps in three monthly reimbursement payments and one reimbursement for swim lessons. On September 8, 2009, the County received the final monthly reimbursement checks for summer camp expenses for August and swim lessons expenses for the entire summer. The County does not budget revenues or expenses associated with scholarships as they are grant funded and there is no guarantee that we will receive funding from outside agencies. Therefore, funds received must be recognized through the Budget Resolution process which allocates both revenue and expenses. Budget Resolution 09-277 recognizes $6,060 as revenue for the Fenn Center camp, $1,440 for the Westwood High School camp and $5,000 for swim lessons and allocates these amounts to temporary employee salaries to pay for additional camp counselors and water safety instructors as needed for the scholarship recipients. Recommendation: Board approval of Budget Resolution 09-277, allocating $12,500 in summer camp and swim lessons grant funds from the Children's Services Council of St. Lucie County as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. RESOLUTION NO. 09-277 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Children's Services Council of St. Lucie County in the amount of $12,500. The funding is for summer camp scholarships and swimming lessons for the month of August. 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 22"d day of September, 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 001-7510-347213-700 Summer Programs $6,060 001-7216-347213-7103 Summer Programs $1,440 001-7216-369900-7106 Other Miscellaneous Revenues $5,000 APPROPRIATIONS 001-7510-513100-700 Salaries-Temporary Employees $6,060 001-7216-513000-7103 Salaries-Part Time W/Benefits $1,440 001-7216-513000-7106 Salaries-Part Time W/Benefits $5,000 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 22ND DAY OF SEPTEMBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY 1 ITEM NO. VI-E1 ~ , - _ DATE: 9/22/09 • . , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers SUBMITTED BY: Community Services/Social Services Assistant Director SUBJECT: Earned Income Tax Credit (EITC) Grant Award and Budget Resolution No. 09-263 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001513-6420-331691-600 US Dept. of Health & Human Services PREVIOUS ACTION: April 24, 2007 -Approved submission of application October 14, 2008 -Accepted first year grant award RECOMMENDATION: Acceptance of the Department of Health and Human Services second year award 90ET0414/02 for $50,000; approval of Budget Resolution No. 09-263; and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (xl APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) t' :4k~ , S`., Budget Analyst Da el S. McIntyre M rie Goui is~.~-rc..~--Y o ~ Sophia Holt Originating Dept. ( ) ,L~; Beth Ryder Community Services r . • MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director i~ FROM: Stefanie Myers, Assistant Director tuber 22 2009 DATE: Septe , SUBJECT: Earned Income Tax Credit (EITC) Grant Award and Budget Resolution No. 09-263 ITEM NO. VI-E1 Background: The Community Service Block Grant Training and Technical Assistance Program: Earned Income Tax Credit and Other Asset Formation Opportunities grant was originally accepted by the Board on October 14, 2008. This award is part of anon-competitive three year continuing award in the amount of $50,000. Grant funding will be used to increase the awareness of the EITC and the free Volunteer Income Tax Assistance (VITA) preparation programs available for lower income residents. The prior year grant award was successful in increasing the number of residents filing for the EITC by twenty percent (20%). This is a regional effort including Indian River, Martin, Okeechobee and St. Lucie Counties. Collaborating partners include: • City of Port St. Lucie Mustard Seed Ministries • United Ways of Indian River, Martin, & Harvest Food & Outreach St. Lucie Counties Save Our Children • Economic Opportunities Council of Indian . Miracle Prayer Temple River Internal Revenue Service • Martin County Intergovernmental and Local media Community Relations Department Recommendation Acceptance of the Department of Health and Human Services second year award 90ET0414/02 for $50,000; approval of Budget Resolution No. 09-263; and authorization for the Chair to sign documents as approved by the County Attorney. Attachment: Budget Resolution No. 09-263 Award Documents for 90ET0414/02 z RESOLUTION NO. 09-263 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of the fourth quarter allocation from the U. S. Department of Health and Human Services in the amount of $50,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 22nd day of September, 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 001513-6420-331691-600 US Dept of Health and Human Services $50,000 APPROPRIATIONS 001513-6420-534000-600 Other Contractual Services $ 2,045 001513-6420-542000-600 Postage and Freight $ 33 001513-6420-547005-600 Printing &Binding-Material Center $ 3,701 001513-6420-548010-600 Promotional Advertising $42,038 001513-6420-551000-600 Office Supplies $ 1,283 001513-6420-551200-600 Equipment <$1,000 900 $50,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 22ND DAY OF SEPTEMBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY 1 RECIPIENT SAI NUMBER: Department of Health and Human Services Administration for Children and Families PMS DOCUMENT NUMBER: Financial Assistance Award (FAA) soETOalao2 1. AWARDING OFFICE: 2. ASSISTANCE TYPE: 3. AWARD NO.: 4. AMEND. NO.: Office of Community Services Discretionary Grant 90ET0414/02 5. TYPE OF AWARD: 6. TYPE OF ACTION: 7. AWARD AUTHORITY: SERVICE Non-competing Continuation PL 97-35, SEC 2609A(E) 8. BUDGET PERIOD: 9. PROJECT PERIOD: 10. CAT NO.: 09!30!2009 THRU 09/29/2010. 09!30/2008 THRU 09129!2011 93569... 11. RECIPIENT ORGANIZATION: 12. PROJECT /PROGRAM TITLE: St. Lucie County Board of County Commissioners CSBG T3TA Program: Eamed Income Taz Credit 2300 Virginia Avenue (EITC) and Other Asset Formation Opportunities Fort Pierce FL 34982 5632 Paula A. Lewis, Chairmen -Board of County Commissioners 13. COUNTY: 14. CONGR. DIST: 15. PRINCIPAL INVESTIGATOR OR PROGRAM DIRECTOR: ST LUCIE 23 Roberta ereene ,Grants/Resource Developer 18. APPROVED BUDGET: 17. AWARD COMPUTATION: Personnel $ 0 A. NON-FEDERAL SHARE........... S 0 0.00 Fringe Benefits $ 0 B. FEDERAL SHARE S 50,000 t00.00 % Travel $ 0 18. FEDERAL SNARE COMPUTATION: Equipment $ 0 A. TOTAL FEDERAL SHARE S 50,000 Supplies S 0 B. UNOBLIGATED BALANCE FEDERAL SHARE........5 Contractual $ 0 C. FED. SHARE AWARDED THIS BUDGET PERIODS 50,000 Facilities/Construction......... $ O 19. AMOUNT AWARDED THIS ACTION: S 50,000 Other $ 50,000 20. FEDERAL S AWARDED THIS PROJECT PERIOD: § 100,000 Direct Costs $ 50,000 Indirect Costs $ 0 21. AUTHORIZED TREATMENT OF PROGRAM INCOME: At of S ADDITIONAL COSTS In Kind Contributions........... $ 0 22. APPLICANT EIN: 23. PAYEE EIN: 24.OBJECT CLASS: Total Approved Budget(").. S 50,000 1-596000835-A1 t-596000835-A1 41.51 25. FINANCIAL INFORMATION: DUNS: 072215403 ORGN DOCUMENT NO. APPROPRIATION CAN NO. NEW AMT. UNOBLIG. NONFED X OC5 90ET04t402 75-9-'.536 2009G994pt3 550,000 26. REMARKS: (Continued on separate sheets) Paid by DHHS Payment Management System (PMS), see attached for payment information. This award is subject to the requirements of the HHS Grants Policy Statement (HHS GPS) that are applicable to you based on your recipient type and the purpose of this award. This includes requirements in Parts I and II (available at http:/Mrww.hhs.gov/grantsnet/adminis/gpdfindex htm) of the HHS GPS. Although consistent with the HHS GPS, any applicabb statutory or regulatory requirements, including 45 CFR Part 74 or 92, directly apply to this award apart from any coverage in the HHS GPS. This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Ad of 2000, as amended (22 U.S.C. 7104). For the full tact of the award term, go to http:/1www.ad.hhs.gov/grants/award_term.html. 27. SIGNATURE - ACF GRANTS OFFICER DATE: 28. SIGNATURE(S) CERTIFYING F L?Ty atrina org~ William Dekolad u O .SIG TI ROG OFFICIAL(S) D E Oland alts h. ,Acting Director, OCS ~ r DG -3- 5 ( ev. t • 1.RECIPIENT SAI NUMBER: DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES PMS DOCUMENT NUMBER: FINANCIAL ASSISTANCE AWARD soETOataaz 1. AWARDING OFFICE: 2. ASSISTANCE TYPE: 3. AWARD NO.: 4. AMEND. NO. Office of Community Services Discretionary Grant 90ET0414/02 5. TYPE OF AWARD: 6. TYPE OF ACTION: 7. AWARD AUTHORITY: SERVICE Non-competing Continuation PL 97-35, SEC 2609A(E) 8. BUDGET PERIOD: 9. PROJECT PERIOD: 10. CAT NO.: 09!30/2009 THRU 09/29/2010 09/30/2008 THRU 09!29/2011 93569 11. RECIPIENT ORGANIZATION: St. Lucie County Board of County Commissioners 26. REMARKS: (Continued hom previous page) This grant is subjed to the requirements as set forth in 45 CFR Part 87. Attached aro terms and conditions, reporting requirements, and payment instructions. Initial expenditure of funds by the grantee constitutes acceptance of this award. Reflects only federal share of approved budget. DGCM-3-785 (Rev. 86) (ETj Page 2 of 2 ~ ITEM NO. VI-E2 _ Y-___. . ~ ~ DATE: 09/22/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Mana e SUBJECT: Allocation of Funds from the State Housing Initiative Partnership (SHIP) State FY09 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 185010-5420-335510-500 SHIP FY09 PREVIOUS ACTION: August 5, 2008 -Approval of Budget Resolution 08-252 for first quarter allocation. February 24, 2009 -Approval of Budget Resolution 09-058 for second and third quarter allocation. July 14, 2009 -Approval of Budget Resolution 09-185 for fourth quarter allocation. RECOMMENDATION: Board approval of Budget Resolution 09-260 to budget funds from the SHIP FY09 additional fourth quarter allocation, and authorization for the Chair to sign the resolution as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER G~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sionatures County Attorney ( ) OMB Director ( ) Budget Analyst , , t Dan I S. McIntyre Man Go n li ~..~-c,~- ~i a ,.,y Sophia Holt Originating Dept. ( ) Beth Ryder Community Services ~ • MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manager DATE: September 22, 2009 SUBJECT: Allocation of Funds from the State Housing Initiative Partnership (SHIP) State FY09 ITEM NO. VI-E2 Background: Florida Housing Finance Corporation (FHFC) administers the State Housing Initiatives Partnership program (SHIP), which provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. The program was designed to serve very low, low and moderate income families. SHIP dollars may be used for the following activities: • emergency repairs; • new construction; • rehabilitation; • down payment and closing cost assistance; • matching dollars for federal housing grants and programs; and • homeownership counseling. The FHFC disperses the funding quarterly, but due to higher than expected documentary stamp collections, an additional fourth quarter allocation has been distributed. St. Lucie County received an additional fourth quarter allocation totaling $215,901. This final allocation brings St. Lucie County's SHIP FY09 total to $731,610. Recommendation Board approval of Budget Resolution 09-260 to budget funds from the SHIP FY09 additional fourth quarter allocation, and authorization for the Chair to sign the resolution as approved by the County Attorney. Attachment: Budget Resolution 09-260 FHFC SHIP Allocation/Disbursement Spreadsheet RESOLUTION NO. 09-260 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of the fourth quarter allocation from the Florida Housing Finance Agency SHIP, in the amount of $215,901. 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 22nd day of September, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 185010-5420-335510-500 Florida Housing Finance Agency $215,901 APPROPRIATIONS 185010-5420-549601-500 Housing Assistance-Mandatory $215,901 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 22ND DAY OF SEPTEMBER, 2009. 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VI-E3 __r. ~ _ DATE: 09/22/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Man ger SUBJECT: St. Lucie Habitat for Humanity CHDO, Inc. Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189100-6420-549601-600 HOME FY07 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity CHDO, Inc., and authorization for the Chair to sign the agreement as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ "~7 Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Dani S. McIntyre Marie Gouin k~-•-H~.Y Sophia Holt Originating Dept. ( ) ~;%'~~~~sl Beth Ryder Community Services • MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director`' FROM: Jessica Parrish, Housing Mare- ,r ' DATE: September 22, 2009 SUBJECT: St. Lucie Habitat for Humanity CHDO, Inc. Agreement ITEM NO. VI-E3 Background: On November 20, 2007, as the lead agency for Indian River and Martin Counties, St. Lucie County accepted an award agreement with the U.S. Department of Housing and Urban Development for the HOME Investment Partnership Program. As part of the HOME Program, St. Lucie County is required to set aside at least 15 percent (15%) of its annual allocation for a Community Housing Development Organization (CHDO). St. Lucie County has chosen to set aside 50 percent (50%), or $332,500, of the first year HOME award in support of the local CHDO's. On February 10, 2009, St. Lucie County awarded Sunrise City CHDO $112,500 from its FY07 allocation. The project selected must be completed by September 30, 2012. On July 29, 2009, St. Lucie Habitat for Humanity submitted paperwork to St. Lucie County indicating they have obtained CHDO certification. St. Lucie County has had a successful ongoing partnership with St. Lucie Habitat for Humanity to facilitate the creation of affordable housing. Staff would like to continue the partnership and award St. Lucie Habitat for Humanity CHDO $220,000 from the FY07 allocation. Recommendation Board approval of the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity CHDO, Inc., and authorization for the Chair to sign the agreements as approved by the County Attorney. Attachments: St. Lucie Habitat for Humanity CHDO Articles of Incorporation Affordable Housing Development Agreement Project Proceeds Agreement H090001652413 ARTICLES OF INCORPORATION OF ST. LUCIE HABITAT FOR HUMAITTY CHDO, INC. The undersigned, as incorporator and on behalf of snot-for-profit, non-stock corporation established under the laws of the State of FIorida, hereby adopts tha following Articles of Incorporation: ARTICLE I NAME . Section 1.1. The name of the corporation is ST. LUCIE HABITAT' FOR HUMANITY . CHDO, INC. (the "Corporation'. ARTICLE II DURATIOI~1 Section 2.2. The corporation shall have perpetual e~dstence unless dissolved pursuant to law. ® ARTICLE III NON~'TOCK CORPORATION Section 3.1. The corporation shall be organized on a non-stock basis under the Florida Not for Profit Corporation Act ARTICLE TV PURPOSE Section 4.1. The purposes for which the Corporation is organized is for transacting any and all lawftil business for which corporations may be incorporated under the Florida Not for Profit Corporation Act and to distribute the whole or any part of the income therefrom and the principal thereof exclusively for charitable, religious, seienti8e, literary, or educational purposes, either directly or by contributions to organizations that qualify as exempt organizations under Section SO1(cx3) of the Internal Revenue Code and Regulations issued pursuant thereto, as they now exist or as they may hereafter be amended. Section 4.2. The Corporation shall have the power, either directly or indirectly, either alone or in conjunction or coopecatioa with others, to do air and a111aw1W acts and things and to engage in any and all lawful activities which may be necessary, uset~il, suitable, desirable, or proper for the furtherance, accomplishment, fostering. or attainment of any or all of the purposes for which the Corporation is organized, and to aid or assist other organizations whose activities are such as to further accomplish, foster, or strata nay such purposes. Notwithstanding anything H090001652413 ' 1-I090001652413 ' contained herein to the con ,the Co ration shall exercise onl such wets as are in ~Y ~ Y Po furtherance of the exempt purposes of organi~stions set forth in Section S01(cx3) of the Internal Revenue Code of 1986 and the regulations thereunder as the same now exist or as they may be hereinafter amended from time to time.' Section 43. No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to, any Director or Officer of the Corporation or any other private individual (except that reasonable compensation maybe paid for services rendered to or for the Corporation in effecting one or more of its purposes); and no Director or Officer of the corporatioq or any private individual, shall be entitled to share in the dishibution of any of the corporate assets on dissolution of the Corporation. Section 4.4. No substantial part of the activities of the Corporation shall be carrying on of propaganda, or otherwise atxempting to influence legislation, and the Corporation shall not participate or intervene in (including the publication or distribution of statements) any political campaign oa behalf of any candidate for public office. Section 4.5. The Corporation shall distribute its income for each taxable year at such time and in such meaner as not to become subject to tax on undistributed income imposed by Section 4942 of the Internal Revenue Code of 1986, or corresponding provisions of say subsequent federal tax laws. ' Section 4.6. The Corporation shall not engage in any act of self-dealing as de5aed in Section 4941(d) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal laws. Section 4.7. The Corporation shall not retain any excess business holdings as defined is Section 4943(c) of the Internal Revenue Code of 1986, or con+esponding provisions of any subsequent federal tax laws. Section 4.8. The Corporation shall not make any investments in such manner as to subject it to tax under Section 4944 of the Internal Revenue Code of 1986, or conRSponding provisions of any subsequent federal tax laws. Section 4.9. The Corporation shall not make any taxable expenditures as defined in Secdon 4945(d) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws. Section 4.10. Notwithstanding any other provision of these Articles of Incarposstioq the Corporation shall not conduct or carry on any activities not permitted to be conducted or carried ~ on by any organizedon exempt from taxation under Secx;on SOl(cx3) of the Interval Revenue • Code and Regulations issued pursuant thereto as they now exist or as they may hereafter be amended, or by sa organization contributions to which are deductible under Section 170(ex2) of the Internal Revenue Code and said Regulations as they now exist or as they may hereafter be amended. f 2 ' i H09000165241 3 ~ c i H090001652413 Section 4.11. Upon the dissolution of the Corporation, the Board of Directors shall, after paying or making provision for the payment of all of the liabilities of the Corporatioq dispose of all of the assets of the Corporatioq exclusively for the purposes of the Corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientiSe purposes, as shall at the time qualify as an exempt • organization or organizations under Section 501(cx3) of the Internal Revenue Code of 1986 (or the corresponding provisions of any ftrtaue United States Internal Revenue Law), as the Board of Directors shall determina Any of such asseb not so disposed of shall be disposed of by the court having proper jurisdiction in the country where the principal o$'ice of the Corporadoa is then IocaLed, exchusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes. ARTICLE V MEMBER Section 5.1. The sole Member of tha Corporation shall be St. Lucie Habitat for Humanity, Inc., a Florida corporation. ARTICLE VI DIRECTORS • Section 6.1. The affairs of the Corporation s6a11 be governed by a Board of Directors (hereinafter referred to as the "Board's to be appointed by the Member in accordance with the Bylaws of the Corporation. Except as specifically set forth to the contrary in the Bylaws, the exercise of any powers or actions of the Board shall require the approval thereof by a majority vote of the Board present at a meeting at which a quorum of no less than two (2) Directors are . • present The affirmative vote of ax least two (2) Directors shall be accessary for all corporate action requiring a vote of the Board, including, but not limited to, the following: 6.1.1. Approval of charitable gifts, transfers, distributions, and grants by the Corporation to other entities. 6.1.2. Adoption of ea amendment to the Articles of Incorporation or Bylaws. 6.1.3. Organization of a subsidiary or affiliate by the Corporation. 6.1.4. Approval of any merger, consolidation, or sale or other transfer of ap or a substantial part of the assets of the Corporation. f i 3 H09000165241 3 ~ H09000165?41 3 Section 6.2. The initial Board of Directors shall consist of the following individuals: lYA1VIF ADDRESS Scott A. Anderson 471 NW Ravenswood Lane Port St. Lucia, FL 34983 Erik Melville Raymond James 8t Associates 603 N.lndian River Dr. Fort Pierce, FL 34950 Thomas E. Long 4173-C (3ator Trace Villas Circle Fort Pierce, FL 34950 Section 6.3. The term of office of an elected Director shall be as provided in the Bylaws of the Corporation. ARTAICLE VII ADDRESSES Section 7.1. The street address of the principal office of this Cotpon~tion in the State of Florida is: ' 702 S. 6'a St. Fort Pierce, FL 34950 Section 7.2. The mailing address of the Corporation is: 702 S. 6a' St. Fort Pierce, FL 34950 ' The Board of Directors may, from tune to time. move its principal office is the State of Florida to another place in this state. 4 H090001652413 H090001652413 ARTICLE VIII REGLSTERED AGENT AND REGISTERED OFFICE Section 8.1. The registered agent and registen:d otlice of the Corporation shall be: NAM ADDRESS Bruce R Abernethy, Jr. 500 Virginia Ave., Suite 202 Fort Pierce, FL 34982 ARTICLE IX . AMENDMENT Scctlon 9.1. These Articles of Incorporation may be amended in the meaner and with the vote provided by Florida law and the Bylaws of the Corporation. ARTICLE X HYLAW3 Section 10.1. The Board of Directors of this Corporation shall adopt Bylaws for the government of this Corporation which shall be subordinate only to the Articles of Incorporation ® and the laws of the United States and the State of Florida The Bylaws may be amended from time to time by the Board of Directors. ARTICLE XI INCORPORATOR Section 11.1. The name and address of the incorporator of this Corporation are as follows: ' NAME AD_ Bruce R Abernethy, Jr. 500 Virginia Ave., Suite 202 Fort Pierce, FL 34982 1N WITNESS WHEREOFLthe undersigned incorporator bas executed these Articles of Incorporation this,L7aday of ?w/ti, .2009. IIVCORPORATO Bruce Abemeth Jr. S H090001652413 ' ~ H090001652413 CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN THIS STATE, NAItiIING AGENT UPON WHOM PROCESS MAY BE SERVED In pursuance of Section 48.091 and Section 607.0501(3), Florida Statutes, the following is submitted in compliance with said Sections: ST. LUCIE HABITAT FOR HiJIV1AIV1'I'1l CHDO, DVC., desiring to organiu under the laws of the State of Florida with its principal office as indicated in the Certificate of Incorporation, at the City of Fort Pierce, County of St. Lucie, State of Florida, has namal Bruce R Abernethy, Jr., located at 500 Virgitia Ave., Suite 202, Fort Pierce, Florida 34982 as its agent to accept service of process within this State. ACKNOWLEDGMENT: Having been named to accept service of process for the above-named Corporation, at the place designated in this Certificate, I hereby accept to act in this capacity, and agree to comply with the provisions of said Suctions relative to keeping open said office. REGISTERED AGENT: Date• ~ 7' Zd09 ~ Bruce Abernethy r. State of Florida ) ) ss. County of St. Lucie ) The foregoing instrument was acknowledged before me this July ~ 2009 by Hruce R Abernethy, Jr., who is personally known to me or wlm has produced a Florida driver's license as identification. Notary Public in aad for sold State PCa~rtM~MOn tt~7'930 I i 6 H09000165241 3 i ST. LUCIE COUNTY HOME CONSORTIUM AFFORDABLE HOUSING DEVELOPMENT AGREEMENT This Affordable Housing Development Agreement, hereinafter referred to as " AGREEMENT" is entered into this of , 2009 by and between the St. Lucie County HOME Consortium, a municipal corporation that includes St. Lucie County Board of County Commissioners, Martin County Board of County Commissioners and Indian River County Board of County Commissioners organized and existing under the laws of Florida, hereinafter referred to as "CONSORTIUM," and St. Lucie Habitat for Humanity CHDO, Inc., a not for profit corporation hereinafter referred to as "DEVELOPER." WITNESSETH: WHEREAS, the CONSORTIUM has received federal funding from the U. S. Department of Housing and Urban Development, hereinafter referred to as "HUD", pursuant to the HOME Investment Partnership Program, hereinafter referred to as the "HOME Program" to expand the supply of decent, safe, sanitary and affordable housing; and WHEREAS, the financial assistance to Community Housing Development Organizations (CHDOs) is a permitted use of HOME Program funds; and WHEREAS, the CONSORTIUM has established a program to provide financial assistance to CHDOs to provide housing to lower income residents; and WHEREAS, St. Lucie Habitat for Humanity CHDO, Inc. has applied for and received designation as a "Community Development Housing Organization" (CHDO) consistent with qualification requirements found at 24 CFR Part 92.2 by the CONSORTIUM; and WHEREAS, DEVELOPER is eligible to receive, and desires to receive, HOME Program funds to assist in the development of affordable housing for lower income residents; and WHEREAS, CONSORTIUM and DEVELOPER desire to enter into this Agreement to permit the DEVELOPER to receive HOME Program funds; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. USE OF THE HOME PROGRAM FUNDS The CONSORTIUM agrees to provide DEVELOPER HOME Program funds in the amount of $220,000 for Federal Fiscal Year (FFY) 2007 in accordance with the Project budget, further detailed in °Exhibit A -Project Budget", attached hereto and made a part hereof. The DEVELOPER will use the HOME Program funds to expand homeownership opportunities through the development of single-family housing units. Upon successful completion and performance in the expenditure of these funds in accordance with the HOME Program requirements and CHDO guidelines, additional years of funding, not less than 15% of each annual allocation of HOME funds, may be available. CONSORTIUM'S payment of the HOME Program funds represents the CONSORTIUM's entire financial contribution of HOME funds, and the DEVELOPER shall provide all additional funds necessary to develop affordable housing. DEVELOPER may use HOME funds for the following eligible uses: a. Acquisition of vacant land where the construction of eligible homebuyer units must be completed within twelve (12) months and made available for sale in income eligible homebuyers; b. Construction of new homebuyer housing units that must be made available for sale to income eligible homebuyers. c. Acquisition of a blighted structure that will be razed and the construction of new homebuyer units must be completed within twelve (12) months and made available for sale to income eligible homebuyers. d. Acquisition of existing housing that will be renovated and sold to income eligible homebuyers. e. Costs incurred by the applicant prior to the award of funds to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible for reimbursement under HOME Program guidelines and result in the development of a homebuyer units made available for sale to an income eligible homebuyer. f. Appraisals, surveys and other costs incurred by the applicant to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible costs under the HOME program guidelines and result in the development of a homebuyer units made available for sale to an income eligible homebuyer. g. Soft costs such as appraisals, surveys and closing costs related to activities which otherwise comply with the HOME Program guidelines and result in the development of a homebuyer units made available for sale to an income eligible homebuyer. h. Developer incurred closing costs eligible under HOME Program guidelines that are related to the development of a homebuyer unit made available for sale to an income eligible homebuyer. i. Developer's Fees (limited as described below) eligible under HOME Program guidelines that are related to the development of a homebuyer unit made available for sale to an income eligible homebuyer. DEVELOPER agrees to use the HOME funds for FFY 2007 no later than July 30, 2011. Failure to expend funds by these dates shall cause this AGREEMENT to be terminated with no further financial obligation by the CONSORTIUM. 2. ELIGIBLE PROPERTIES All properties assisted with HOME Program funds must be located in the unincorporated areas of St. Lucie County, Martin County, or Indian River County, Florida and have potable water, sewer or septic and utilities available. If public water and/or sewer is available to the site, the property must connect to the public supply. The DEVELOPER must be able to obtain fee simple title to the property. The property may not be tenant occupied, and if the property contains a housing unit that was built before 1978, any rehabilitation must comply with the Federal Lead Safe Housing regulations found at 24 CFR Part 35, et al. No property may be purchased from the person or entity that will develop the property or any person or entity related thereto. 3. PROJECT REQUIREMENTS All HOME Program funds must be used to create additional, permanent affordable owner-occupied housing. All units must be sold to individuals or families that have incomes at or below 80% of the Area Median Income, (adjusted by family size) as established by HUD. All funds must be used in compliance with the HOME Program rules and regulations found at 24 CFR Part 92, et al. The DEVELOPER must submit individual proposed projects to the CONSORTIUM for review and approval prior to commencing the project and expending funds. 4. PROPERTY VALUE LIMIT DEVELOPER certifies that the affordable homebuyer housing units developed by the DEVELOPER, hereinafter referred to as the "REAL PROPERTY" will have 1) an initial acquisition price; and 2) an appraised value following the development of each home, hereinafter referred to as "PROPERTY VALUE LIMIT," not in excess of 95% of the area median purchase price for single-family housing (one family residence) in compliance with the regulations found at 24 CFR 92.254(a)(2), for the jurisdiction as determined by HUD. 5. MAXIMUM ASSISTANCE PER UNIT The DEVELOPER agrees that the CONSORTIUM will not provide HOME Program funding that exceeds the maximum amount of assistance per homebuyer unit as established by HUD, in accordance with 24 CFR Part 92.250(a). 6. AFFORDABILITY All affordable housing units sold by the DEVELOPER to income eligible homebuyers must remain affordable by recording a deferred payment loan and promissory note in the Public Records of the jurisdiction where the units is located according to the amount of assistance provided as follows: Affordabili eriod Assistance Amount 5 Years U to $15,000 10 Years $15,001 and $40,000 15 Years $40,001 and above 20 Years New Construction For this period, the income eligible homebuyer will be required to maintain the home as their primary residence. The DEVELOPER is required to monitor the primary residence annually. In the event the homeowner sells the home within the affordability period, the full amount of the HOME Program assistance made available to the homeowner must be paid back the full loan amount. The recaptured funds will be limited to net proceeds and they will be returned to the St. Lucie County HOME Consortium. Rental units are subject to the HOME affordability rental requirements in accordance with 92.252. 7. CONSTRUCTION MANAGEMENT The DEVELOPER will be responsible for the administration of the construction contract. The DEVELOPER will execute all documents necessary to acquire the property, all construction contracts and subcontracts, and issue the notice of commencement. The DEVELOPER will be responsible to inspect the construction and make decisions on the quality of work and approve all construction payments. All requests for payment from any contractor or subcontractor must be submitted to the DEVELOPER for payment. DEVELOPER is encouraged to seek donations for materials and labor to reduce the overall cost of affordable housing for residents. In recognition that applying for and coordinating the receipt of donated materials, supplies and labor is an additional expense to the DEVELOPER, the resulting savings for donated materials and labor is to be distributed as follows: • A minimum of 50% of the savings must be used to reduce the cost of the housing for the low income beneficiary; and • A maximum of 50% of the savings may be awarded to the DEVELOPER; and • These funds must be used for direct housing services for lower income residents; and • A maximum of $10,000 of donations may be claimed for each affordable housing unit and the maximum credit that the DEVELOPER may receive for donated materials and/or labor will be $5,000 per unit. 8. SALE OF UNITS All affordable housing units must be sold by DEVELOPER to eligible buyers for the appraised cost or the cost to develop the units, whichever is less. The income eligible homebuyer may receive a subsidy to purchase the unit. The policies for the St. Lucie County HOME Consortium Down Payment Assistance (DPA) Program will be used for this award. The homebuyer subsidy will be a loan at a 0% interest rate and be for a term based on the affordability period. In the event the property is sold, transferred or no longer occupied by the homebuyer during the affordability period, the entire balance of the original loan will be due and payable. 9. ELIGIBILITY OF BENEFICIARIES The DEVELOPER will be responsible to select income eligible homebuyers who will purchase the units using the written criteria established by the CONSORTIUM, as detailed in "Exhibit B - Homebuyer Quaycation Criteria", attached hereto and made a part hereof. All income eligible homebuyers must have an income at or below 80% of the Area Median Income as established by HUD, adjusted for family size, or at the income level contained in the DEVELOPER'S application, whichever is lower. All income eligible homebuyers must be able to obtain private first mortgage financing for the purchase of the property under reasonable terms and conditions consistent with guidelines established by the Federal Housing Administration (FHA). 10. DEVELOPER'S FEE In recognition that the DEVELOER will incur expenses to develop affordable housing and will need to be paid for these services, the DEVELOPER will be paid a fee. The fee will be paid at the rate of 10% of the HOME award for each affordable housing unit successfully developed and sold to an income eligible homebuyer with HOME funds. In return for the fee, the DEVELOPER shall provide the following services: a. Acquiring the property, using due diligence to determine if the property is buildable and eligible for HOME Program funding; and b. Determining the type of homebuyer unit that will be built on the site; and c. Providing the neighborhood association, if one exists, with information about the proposed project; and d. Supervising the construction of the housing unit; and e. Identifying each income eligible homebuyer for each housing unit; and f. Identifying a suitable lender who will make the 1st mortgage on the property g. Arranging for the sale of the property; and h. Seeking donations of materials, supplies and labor that can reduce the overall development cost of each housing unit. The schedule for the payment of the fee will be included with each scheduled construction draw, so that 10% will be added to the total draw amount. The receipt of a fee is at the option of the DEVELOPER. 11. REPAYMENT OF HOME FUNDS DEVELOPER agrees to repay the full amount of the HOME funds to the CONSORTIUM, that have been disbursed to the DEVELOPER in the event the DEVELOPER fails to comply with the terms of this AGREEMENT within thirty !30) days of the date of receipt of notice from the CONSORTIUM. 12. REDUCTION OR TERMINATION OF AWARDS It is the desire of the CONSORTIUM to insure that the DEVELOPER is successful in meeting the needs of low income residents of its member jurisdictions. If the DEVELOPER is unable to meet the timeline for the use of funds or use the funds for eligible activities, the CONSORTIUM may terminate funding to the DEVELOPER. Prior to terminating any funding, written notice must be provided to the DEVELOPER and the DEVELOPER will be given a reasonable period of time, not to exceed 60 days, to correct the reason for termination. In addition, the CONSORTIUM will meet with the DEVELOPER and offer technical assistance to assist in resolution to resolve the reason for termination. 13. ADMINSTRATION OF THE PROGRAM The CONSORTIUM will administer the HOME Program consistent with these policies. In the event an affected party believes that the CONSORTIUM is not interpreting these policies correctly, the affected party must request a meeting with the lead agency of the CONSORTIUM to discuss the policy and seek resolution on the conflict. If the affected party is unable to resolve the issue, the affected party will have the ability to appeal the CONSORTUMS's decision to the St. Lucie County Community Services Director. The written appeal must be filed with the Director within 15 days of the meeting with the CONSORTUIM. The affected party must, in writing, describe the issue and the reason they believe the interpretation is not accurate. The St. Lucie County Management Staff will consider the request, within 45 days, and make a final decision. The decision of the St. Lucie County Management Staff is final and may not be further appealed. 14. FLOOD INSURANCE No portion of the HOME Program funding made available under this AGREEMENT shall be used for acquisition, construction or rehabilitation of a land or real property located in an area ident~ed by the Federal Emergency Management Agency as having special flood hazards unless flood insurance is obtained, as provided in 24 CFR 58.6. 15. COMPLIANCE WITH APPLICABLE LAW The laws of the State of Florida shall govern this agreement. DEVELOPER covenants to promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations and rules relating to services to be preformed hereunder and in at the time of performance, including: a. 24 CFR 92.250 (Maximum Subsidy Limits); and b. 24 CFR 92.251 (Property Standards); and c. 24 CFR 92.350 (Other Federal Requirements found at 24 CFR Part 5, Subpart A); and d. 24 CFR 92.353 (Displacement, Relocation and Acquisition found at 49 CFR Part 24, Sub-part B, regarding the Uniform Relocation Act; and e. 24 CFR 92.351 (Affirmative Marketing); and f. 24 CFR 92.352 (Environmental Review); and g. 24 CFR 92.355 (Lead-based paint); and h. 24 CFR 92.356 (Conflict of interest). DEVELOPER, by executing this agreement, acknowledges that the DEVELOPER is not relying upon any representations of the CONSORTIUM to the above regulations and that the DEVELOPER is responsible for understanding and complying with all applicable Federal, State and local laws and regulations. 16. CONFLICTS WITH FEDERAL LAW In the event these policies are found to conflict with Federal law, now or in the future, the Federal law will take precedence. The CONSORTIUM is delegated to amend these policies to the extent necessary to make these policies consistent with Federal law. Within five (5) working days of making any changes to these policies, the St. Lucie County staff must notify the CONSORTIUM members with a description of the changes made to these policies and the reason for any changes. 17. RECORD AND REPORTS The DEVELOPER must submit to the CONSORTIUM all records and reports necessary to insure the CONSORTIUM'S compliance with HUD regulations. These include, but are not limited to, copies of the documents proving the eligibility of the DEVELOPER and BENEFICIARIES, appraisals, closing statements, construction documents and costs, the race and sex of all contractors and subcontractors, proof of the prior occupancy of the REAL PROPERTY. The CONSORTIUM shall require that the DEVELOPER submit quarterly reports in the format detailed in "Exhibit C -Quarterly Re~ort", attached hereto and made a part hereof, on March 31St, June 30th, September 30 ,and December 31St of each year until all funds are expended. The DEVELOPER shall maintain records sufficient to meet the requirements of 24 CFR 92.508(a)(3). All records and reports required herein shall be retained and made accessible as provided in 24 CFR 92.508(c) and (d). The DEVELOPER, its employees and agents, including all subcontractors or consultants to be paid from HOME Program funds provided under this AGREEMENT, shall allow access to its records at reasonable times to the CONSORTIUM, its employees and agents, and to HUD. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:OOp.m., local time, Monday through Friday. Failure by the DEVELOPER to provide access to record and reports will be considered a breach of the AGREEMENT. 18. ENFORCEMENT OF THE AGREEMENT The DEVELOPER agrees to execute a Promissory Note, "Exhibit D -Promissory Note", attached hereto and made a part hereof, to permit the CONSORTIUM to enforce this AGREEMENT. Failure of the DEVELOPER to comply with the terms of this AGREEMENT or any other the loan documents will be a default of the Promissory Note and appropriate legal actions, including foreclosure may be taken. 19. INDEMNIFICATION AND INSURANCE The DEVELOPER shall act as an independent contractor, and not as an employee of the CONSORTIUM or its members, in completing the aforementioned Project. The DEVELOPER shall be liable, and agrees to be liable for, and shall indemnify, defend and hold harmless the CONSORTIUM, including without limitation, all officers, directors, members, demands, judgments, losses, costs, fines, penalties, damages, liabilities, and expenses (including, but not limited to, court costs, reasonable expert witness fees and attorneys fees) which may be incurred by, charged to or recovered from any of the foregoing (a) arising directly or indirectly out of the DEVELOER' operations with respect to the Project and the Property(s) or in connection with any of the DEVELOPER's operation rights and obligations contained in this AGREEMENT including, but not limited to, any and all claims for damages as a result of the injury to or death of any person or persons, or damage to or destruction of any property which arises as a result of any negligence act or omission on the part of the DEVELOPER or its officers, directors, partners, employees, agents, contractors, subcontractors or otherwise regardless of where the damage, injury or death occurred, or (b) arising out of the failure of DEVELOPER to keep, observe or perform any of its obligations under this AGREEMENT. Further, the DEVELOPER will require that the general contractor(s) performing the rehabilitation and/or new construction, is certified or registered as a contractor with the jurisdiction in which it will be working pursuant to this Agreement, provides proof of insurance (Commercial General Liability) including but not limited to bodily injury, property damage, products and completed operations and contractual liability, as well as worker's compensation satisfactory to the CONSORTIUM, and posses a valid, current occupational license, and contractor certificate issued by the jurisdiction in which it will be working pursuant to this Agreement. 20. NOTICES Any notices, demand, request or other communication which any party may desire or may be required to give to any other party hereunder shall be given in writing at the addresses set forth below, by any of the following means: (a) personal service; (b) overnight courier; or (c) registered or certified United States mail, postage prepaid, return receipt requested. DEVELOPER: St. Lucie Habitat for Humanity CHDO, Inc. Attn: Scott Anderson 602 South 6~' Street Fort Pierce, FL 34950-8342 CONSORTIUM: St. Lucie County Board of County Commissioners Attn: Housing Manager 2300 Vrginia Avenue Fort Pierce, FL 34982 Such addresses may be changed by notice to the other party given in the same manner as herein provided. Any notice, demand, request or other communication sent pursuant to subsection (a) hereof shall be served and effective upon such personal service. Any notice, demand, request or other communication sent pursuant to subsection (b) shall be served and effective one (1) business day after deposit with the overnight courier. Any notice, demand, request or other communication sent pursuant to subsection (c) shall be served and effective three (3) business days after proper deposit with the United States Postal Service. 21. SUCCESSORS This AGREEMENT shall bind, and the benefits shall inure to, the parties hereto, their legal representatives, successors in office or interest and assigns, provided that the DEVELOPER may not assign this AGREEMENT or any of its obligations, or delegate any of its duties, hereunder without the prior written approval of the CONSORTIUM. 22. DURATION OF THE AGREEMENT This AGREEMENT shall commence upon its execution by both parties and shall terminate upon successful completion of all planned affordable housing units and the expenditure of all HOME Program funds for eligible costs permitted under this AGREEMENT. this contract is ongoing. The CONSORTIUM reserves the right to terminate the AGREEMENT, with or without cause, by giving DEVELOPER sixty (60) days advance written notice. 23. 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 thereto. 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. 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 justifiable in federal court. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. WITNESSES: ST. LUCIE COUNTY HOME CONSORTIUM RESPONSIBLE ENTITY: BY: NAME: TITLE: ATTEST: ST. LUCIE HABITAT FOR HUMANITY CHDO, INC. BY: SECRETARY PRESIDENT (SEAL) ST. LUCIE COUNTY HOME CONSORTIUM PROJECT PROCEEDS AGREEMENT COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS This Project Proceeds Agreement, hereafter referred to as the "AGREEMENT" is entered into this of , 2009 by and between the St. Lucie County HOME Consortium, hereinafter referred to as "CONSORTIUM°, a municipal corporation that includes St. Lucie County Board of County Commissioners, Martin County Board of County Commissioners and Indian River County Board of County Commissioners organized and existing under the laws of Florida, and St. Lucie Habitat for Humanity CHDO, Inc., a not for profit corporation hereinafter referred to as "CHDO." WITNESSETH: WHEREAS, the CONSORTIUM has received federal funding from the U. S. Department of Housing and Urban Development (HUD) pursuant to the HOME Investment Partnership Program, hereinafter referred to as the "HOME Program" to expand the supply of decent, safe, sanitary and affordable housing; and WHEREAS, the financial assistance to Community Housing Development Organizations (CHDOs) is a permitted use of HOME Program funds; and WHEREAS, the CONSORTIUM has established a program to provide financial assistance to CHDOs to provide housing to low income residents; and WHEREAS, the St. Lucie Habitat for Humanity CHDO, Inc. has applied for and received designation as a "Community Development Housing Organization" (CHDO) consistent with qualification requirements found at 24 CFR Part 92.2 by the CONSORTIUM; and WHEREAS, RECIPIENT is eligible to receive, and desires to receive, HOME Program funds to assist in the development of affordable housing for low income residents; and WHEREAS, the CONSORTIUM and CHDO have entered into an Agreement to permit the CHDO to receive an allocation of HOME funds which may result in the generation of project ' proceeds pursuant to the development of affordable housing; and WHEREAS, the CONSORTIUM and CHDO wish to enter this AGREEMENT to specify allowable uses of any potential project proceeds, specifically that said project proceeds can be retained by the CHDO rather than being repaid to the CONSORTIUM. NOW, THEREFORE, INCONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. USE OF PROJECT PROCEEDS FROM HOME FUNDED PROJECTS In a previous HOME Program funding agreement, the CONSORTIUM agreed to provide the CHDO HOME Program funds in the amount of up to 15°~ of the CONSORTIUM's annual allocation to assist in the development of single-family housing units to be sold to income eligible homebuyers. The CHDO agrees that the project proceeds from any transactions resulting from the use of HOME Program funds will be accounted for and will remain with the CHDO to be used in the future to continue affordable housing development consistent with the HOME Program eligible activities, including: a. Acquisition of vacant land where the construction of eligible homebuyer units must be completed within twelve (12) months and made available for sale in income eligible homebuyers; b. Construction of new homebuyer housing units that must be made available for sale to income eligible homebuyers. c. Acquisition of a blighted structure that will be razed and the construction of new homebuyer units must be completed within twelve (12) months and made available for sale to income eligible homebuyers. d. Acquisition of existing housing that will be renovated and sold to income eligible homebuyers. e. Costs incurred by the applicant prior to the award of funds to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible for reimbursement under HOME Program guidelines and result in the development of a homebuyer units made available for sale to an income eligible homebuyer. f. Appraisals, surveys and other costs incurred by the applicant to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible costs under the HOME program guidelines and result in the development of a homebuyer units made available for sale to an income eligible homebuyer. g. Soft costs such as appraisals, surveys and closing costs related to activities which othervvise comply with the HOME Program guidelines and result in the development of a homebuyer units made available for sale to an income eligible homebuyer. h. Developer incurred closing costs eligible under HOME Program guidelines that are related to the development of a homebuyer unit made available for sale to an income eligible homebuyer. i. Developer's Fees (limited as described below) eligible under HOME Program guidelines that are related to the development of a homebuyer unit made available for sale to an income eligible homebuyer. In consideration of HOME Program funding allocated by the CONSORTIUM to the CHDO, the CHDO hereby agrees that the expenditure of project proceeds will be to provide affordable housing for families at or below 80% of the Area Median Income, as established by HUD 2. PROJECT PROCEEDS ACCOUNTING The CHDO will maintain a separate banking account -designated as "CHDO Project Proceeds Eund°, to fund future HOME Program eligible activities. If there are insufficient funds in the °CHDO Project Proceeds Fund° to fund subsequent eligible activities, the CHDO may request additional HOME Program funds from the CONSORTIUM. The CONSORTIUM shall be under no duty to grant such request for additional funds. Funds that are received by CHDO, resulting from the sale of homes, that are above the HOME construction loan amounts, shall be retained by CHDO, for use as in accordance with this AGREEMENT and not subject to the HOME Program guidelines, rules and regulations. In the event that this AGREEMENT terminates, and the CHDO has an outstanding remaining balance of funds in the CHDO Project Proceeds Funds, said outstanding remaining funds will be returned to the CONSORTIUM, within thirty (30) days of said termination. 3. RECORD AND REPORTS The CHDO shall submit an annual report to the CONSORTIUM that lists all project proceeds received during that fiscal year (October 1 to September 30) no later than thirty (30) days after the fiscal year ends (November 1). The report shall be continued year to year to provide evidence that the HOME Program funds are being reinvested in eligible activities. Any and all reports submitted to the CONSORTIUM shall at a minimum detail total amount of project proceeds generated during the reporting year, use of project proceeds during the reporting year, demographic beneficiary information on households assisted with project proceeds during the reporting year, beginning balance and ending balance in the "CHDO Project Proceeds Fund° and a bank statement from the bank or financial institution where the account is maintained. 4. DURATION OF THE AGREEMENT This AGREEMENT shall commence upon its execution by both parties and shall continue for a one (1) year term. This AGREEMENT shall automatically renew for an additional one (1) year period, unless othenivise terminated. Termination of this AGREEMENT shall occur upon any of the following events: a. The CHDO successfully completes of all planned affordable housing development activities and the expenditure of all Project Proceeds for eligible costs permitted under this AGREEMENT; or b. The CHDO no longer maintains qualification to be designated as a Community Development Housing Organization in accordance with 24 CFR 92.2; or c. The CHDO fails to provide aforementioned reports or records as required under this AGREEMENT The CONSORTIUM reserves the right to terminate the AGREEMENT, with or without cause, by giving CHDO sixty (60) days advance written notice. 5. NOTICES Any notices, demand, request or other communication which any party may desire or may be required to give to any other party hereunder shall be given in writing at the addresses set forth below, by any of the following means: (a) personal service; (b) overnight courier; or (c) registered or certified United States mail, postage prepaid, return receipt requested. DEVELOPER: St. Lucie Habitat for Humanity CHDO, Inc. Attn: Scott Anderson 702 South 6"' Street Fort Pierce, FL 34950 CONSORTIUM: St. Lucie County Board of County Commissioners Attn: Housing Manager 2300 Virginia Avenue Fort Pierce, FL 34982 Such addresses may be changed by notice to the other party given in the same manner as herein provided. Any notice, demand, request or other communication sent pursuant to subsection (a) hereof shall be served and effective upon such personal service. Any notice, demand, request or other communication sent pursuant to subsection (b) shall be served and effective one (1) business day after deposit with the overnight courier. Any notice, demand, request or other communication sent pursuant to subsection (c) shall be served and effective three (3) business days after proper deposit with the United States Postal Service. 6. SUCCESSORS This AGREEMENT shall bind, and the benefits shall inure to, the parties hereto, their legal representatives, successors in office or interest and assigns, provided that the DEVELOPER may not assign this AGREEMENT or any of its obligations, or delegate any of its duties, hereunder without the prior written approval of the CONSORTIUM. 7. 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 thereto. 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. 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 just able in federal court. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. WITNESSES: ST. LUCIE COUNTY HOME CONSORTIUM RESPONSIBLE ENTITY: BY: NAME: TITLE: ATTEST: ST. LUCIE HABITAT FOR HUMANITY CHDO, INC. BY: SECRETARY PRESIDENT (SEAL) A ITEM NO. VI-E4 _ J~ DATE: 09/22/09 • • ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Jessica Parris SUBMITTED BY: Community Services/Housing Division Housing Ma g r SUBJECT: Short List of Community Partners for the Acquisition/Rehabilitation and Management of Rental Properties, RFP 09-052 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001512-6420-331510-600 Neighborhood Stabilization Program PREVIOUS ACTION: January 6, 2009 -Permission to advertise RFP RECOMMENDATION: Board approval to short list firms for RFP 09-052, and authorization to: 1. Conduct oral presentations with the top two ranked firms; 2. Negotiate contracts with the top two ranked firms; and 3. Award contracts to the top two ranked firms and authorization for the Chair to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Gl' Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) ~ L Budget Analyst ~T Dani I S. McIntyre Marie Gouin H Iti~°/~ Sophia Holt Originating Dept. ( ) Beth Ryder Community Services • MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director[~~ FROM: Jessica Parrish, Housing Manager DATE: September 22, 2009 SUBJECT: Short List of Community Partners for the Acquisition/Rehabilitation and Management of Rental Properties, RFP 09-052 ITEM NO. VI - E4 Background: The Neighborhood Stabilization Program (NSP) was authorized by the US Housing and Economic Recovery Act of 2008. The NSP funds are to be used to acquire, rehabilitate, demolish and redevelop foreclosed and abandoned properties in order to help stabilize neighborhoods. On December 1, 2008, the Florida Department of Community Affairs (DCA) announced the funding allocations for the state NSP; St. Lucie County was allocated $3,984,601. A required 25 percent (25°~) of the allocation, $840,041, must be used for rental housing for residents with incomes at or below 50 percent (50%) of the Area Median Income. Staff is awaiting the contract from DCA. On August 25, 2009, the selection committee met to evaluate the five proposals received for RFP 09-052 Community Partners for the Acquisition/Rehabilitation and Management of Rental Properties. The short listed firms in order of ranking are as follows: 1. St. Lucie Habitat for Humanity -Fort Pierce, Florida 2. APEX Real Estate Services, Inc. -Fort Pierce, Florida 3. Florida Affordable Housing Initiative Corp. -Stuart, Florida Recommendation Board approval to short list firms for RFP 09-052, and authorization to: 1. Conduct oral presentations with the top two ranked firms; 2. Negotiate contracts with the top two ranked firms; and 3. Award contracts to the top two ranked firms and authorization for the Chair to sign the contracts as prepared by the County Attorney. Attachments: Evaluation Tabulation Bid Tabulation ti Attachment A Capacity of the Ability to Applicant to Successfully Implement a Complete the Comprehensive Housing Project within Scope of the Redevelopment Readiness the Specified Financial Proposed Firm Activi to Proceed Time Frame Stabili Pro ect Total Rankin Total possible points per committee member 40 40 40 40 40 200 Total possible points for three members 120 120 120 120 120 600 St. Lucie Habitat fo Humani 105 105 105 100 90 505 1 APEX Real Estate Services, Inc. 100 100 95 80 80 455 2 Florida Affordable Housing Initiative Co 60 80 85 65 65 355 3 Non- Foundation One, Inc 0 0 0 0 0 0 Responsive Community Non- Revitalization Responsive Services, Inc 0 0 0 0 0 0 BOARD OF ~ i t~., = ~ - y COUNTY ~ PURCHASING COMMISSIONERS , ~ DEPARTMENT TABULATION SHEET - RFP #09-052 NEIGHBORHOOD STABILIZATION PROGRAM (NSP) COMMUNITY PARTNERS FOR THE ACQUISITION/REHABILITATION ~ MANAGEMENT OF RENTAL PROPERTIES OPENED: JULY 15, 2009 AT 3:00 PM Five (5) submittals were received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD.- APEX REAL ESTATE SERVICES. INC. Contact: STEVEN CASSENS Phone: 772-466-2739 Fax: 772-461-5533 Address: 3180 NORTH KINGS HIGHWAY, FORT PIERCE, FL., 34954 COMMUNITY REVITALIZATION SERVICES. INC. Contact: JOHN BRUHN Phone: 772-468-6186 Fax: 772-465-1150 Address: 1109 DELAWARE AVENUE, FORT PIERCE, FL., 34950 FLORIDA AFFORDABLE HOUSING INITIATNE CORPORATION Contact: KIRK SORENSON Phane: 561-704-1314 Fax: 772-286-2226 Address: 5596 SE LAMAY DRIVE, STUART, FL., 34997 FOUNDATION ONE. INC. Contact: COREY L. ALSTON Phone: 954-740-0710 Fax: 888-889-9935 Address: 8620 NW 48T" STREET, LAUDERHILL, FL., 33351 ST. LUCIE HABITAT FOR HUMANITY Contact: SCOTT ANDERSON Phone: 772-464-1117 Fax: 772-464-4377 Address: 702 SOUTH 6T" STREET, FORT PIERCE, FL., 34950 NUMBER OF COMPANIES NOTIFIED*: 217 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 23 NUMBER OF BIDS RECENED: 5 * -Per demandstar.com CHRIS OZADOVSKY. Obtricl No. t ~ DOUG COWARD. Disdkt No. 2 ~ PAULA A. LEWIS, Dfsdid No. 3 ~ CHARLES GW WDE. Dislrkt No. 4 ~ CHRIS CRAFT. DisMd No. 5 County Adminiehalor -Faye W. Outlaw. MPA 2300 ~li~nia Avenue -Fart Pierce. FL 349825652 - Phane (772) X62-5700 - TDD (772)462-1428 rrebeke: wvmw.eFluck.A.ue ~ ITEM NO. VI-E5 ~ _ ~ A DATE: 9/22/09 ~ ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers SUBMITTED BY: Community Services/Social Services Assistant Director SUBJECT: FY10 contract and revised fee schedule for the State of Florida for operation of the St. Lucie County Health Department BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-6210-581020-600 County Health Department PREVIOUS ACTION: N/A RECOMMENDATION: Acceptance of the contract with the State of Florida for $22,437,431 and authorization for the Chair to sign the contract as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ~ _ ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatu res County Attorney ( ) OMB Director ( ) 7 r,..~ Budget Analyst . Dan I S. McIntyre Marie Gouin N~,,tyt_ y~~ Sophia Holt Originating Dept. ( ) U~'--"~~~ Beth Ryder Community Services M'' • ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director~t~-~ FROM: Stefanie Myers, Assistant Director DATE: September 22, 2009 SUBJECT: FY10 contract and revised fee schedule for the State of Florida for operation of the St. Lucie County Health Department ITEM NO. VI-E5 Background: Pursuant to Chapter 154.01(2), F.S., the Board of County Commissioners annually enters into a contract each fiscal year with the State of Florida Department of Health for the operation of the St. Lucie County Health Department. The intent of the legislature is to promote, protect, maintain, and improve the health and safety of all citizens and visitors of the County through a system of coordinated health services. The services provided to achieve this goal include the promotion of public health, the control and eradication of preventable diseases, and the provision of primary health care for special populations. This agreement includes funds from State General Revenue, other State Funds, Federal Funds and $959,782.00 from the General Fund of St. Lucie County. Recommendation Acceptance of the contract with the State of Florida for $22,437,431 and authorization for the Chair to sign the contract as approved by the County Attorney. Attachment: State of Florida Department of Health contract CONTRACT BETWEEN St. Lucie COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE St. Lucie COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2009-2010 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the St. Lucie County Board of County Commissioners ("Count'), through their undersigned authorities, effective October 1, 2009. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. St. Lucie County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2009, through September 30, 2010, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local t funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided In Attachment II, Part II is an amount not to exceed $ 6,789.074.00 (State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $959.782.00 (amount listed under the `Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. 2 c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund St. Lucie County 5150 NW Milner Dr. Port St. Lucie, FL 34983 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy State Health Officer. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall insure that non-categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 Of each year (This is the standard qualify assurance "County Health Profile"report located on the Office of Planning, Evaluation & Data Analysis Intranet site). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto. agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all county-purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall 3 be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in St. Lucie County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating govemmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of 4 surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated April 2005, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The s CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE385L1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of Budget Management. 6 p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2010 for the report period October 1, 2009 through December 31, 2009; ii. June 1, 2010 for the report period October 1, 2009 through March 31, 2010; iii. September 1, 2010 for the report period October 1, 2009 through June 30, 2010; and iv. December 1, 2010 for the report period October 1, 2009 through September 30, 2010. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV, b. The county shall assure adequate fire and casualty insurance coverage for County- owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either aself-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either aself-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2009, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: For the County: Traci Fox Beth Ryder Name Name Finance & Accounting Director Community Services Director Title Title St. Lucie County Health Dept. St. Lucie County 5150 NW Milner Dr. 437 7 Street Port St. Lucie, FL 34983 Ft. Pierce. FL 34952 Address Address 772-873-4885 772-462-1772 Telephone Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. c. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. s In WITNESS THEREOF, the parties hereto have caused this 24 page agreement to be executed by their undersigned officials as duly authorized effective the 1~day of October, 2009. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA FOR St. Lucie COUNTY DEPARTMENT OF HEALTH SIGNED BY: SIGNED BY: NAME: Paula Lewis NAME: Ana M. Viamonte Ros, M.D., M.P.H. TITLE: Chairwomen TITLE: State Surgeon General DATE: DATE: d ATTESTED TO: SIGNED BY: SIGNED BY: NAME: NAME: Larry Lee, RN TITLE: Clerk of the Court TITLE: CHD Director/Administrator DATE: DATE: / ' y~ ~ 9 COUNTY HEALTH DEPARTMENT 2009-2010 CORE CONTRACT REVIEW CHECK LIST COUNTY: St. Lucie-56 Check when Page Coco lets Reference Instructions 1, X Verify that three original contracts were submitted. Certification Determine if there were changes to contract. 2~ Memorandum Yes: Make PDF file and email to CHD Unit Coordinator. X No: Proceed with review. 3• X Page 1 Verify that the county name is entered in the various required fields. In section 4.a.1., verify that the amount equals the Schedule C total for General Revenue, Other 4• X Page 2 State Funds and Federal Funds. Pages 2 >3< In section 4.a.ii., verify that the amount equals the Board of County Commissioners Annual 5. X page 16 Appropriated Amount (Attachment II, Part II, Sect(on 9). 6. X Page 3 In section 4.e., verify that the county name and address is entered. 7• X Page 4 In section 6.d., verify that the county name is entered. In section 9.b., verify that the State and County contract manager information is entered in the 8• Page 8 respective fields. X In the top paragraph, verify that the number of contract pages (contract document and 9• X Page 9 attachments) is entered and correct. 10. X Page 9 Verify that the county name for the BOCC is entered. Verify that the CHD provided the required signatures from the Board of County Commissioners, il. page g the Witness ("Attested To"), and the CHD Director/Administrator in the respective fields. X Exception: If the Board of Countv Commissioners requires DOH to sign first. Attachment I: 12. X Page 10 Verify that the county name is entered at the top of the page. 13. Page 12 Astachment II. Part L• Verify that the county name in entered at the top of the page. Attachment II. Part L• 14. Page 12 Verify that the section 1. -CHD Trust Fund Ending Balance 9/30/09 Total is within 10% of the X FIRS Spending Plan projected cash balance for September of the corresponding year. Attachment II. Part L• 15. Pages 12 & Verify that the section 2. -Draw down for Contract Year amount recorded in the Estimated Stat 15 share column equals the amount indicated on the Attachment II, Part II, Draw down from Public X Health Unlt line. Attachment II. Part L• 16. Pages 12 & Verify that the section 2. -Draw down for Contract Year amount recorded in the Estimated 17 Con share column equals the amount indicated Attachment II, Part II, Draw down from Public X Health Unit line. Attachment II. Part L• 17. Page 12 Verify that the section 4. -Balance Reserved for Contingency Fund Total is within 10% with the X FIRS Spending Plan projected cash balance for September of the corresponding year. 18. Page 12 Attachment II. Part L• X Verify that the balances and totals were calculated correctly. Attachment II Part L• Verify that the section 4. -Cash-to budget percentage is >than the CHD's reserve requirement. Divide the 9/30/10 total cash balance by the total planned expenditures. (If CHD has a special 19 Pages 12, 20 project recorded on Attachment V, the 9/30/10 total cash balance will need to be adjusted. & 23 Determine the adjustment amount by adding the amounts saved for through 2009-10 on the Attachment V, subtracting the project expenditures recorded on line 3 from the savings amount, X and subtracting the difference from 9/30/10 total cash balance.) 7_63% 20 Pages 13 & Attachment II. Part II and III: X lg Verify that attachments are not working copies. Attachment II. Part IL• 21. Page 16 Verify that all state in-kind contributions are included with the correct amounts in section 8. - X Other State Contributions not in CHD Trust Fund. Attachment II. Part II: 22. X Page 18 Verify that county in-kind contributions are included. COUNTY HEALTH DEPARTMENT 2009-2010 CORE CONTRACT REVIEW CHECK LIST COUNTY: St. Lucie-56 Check when Page Coco lete Reference Instructions Attachment II, Part III: 23. X Page 19 Verify that Clients and Visits have been entered for Vital Statistics Pages 19 & Attachment II. Part III: 24. Verify that projections are not straight-lined, additional pay periods are accounted for and state X 2U and county expenses reasonably align with state and county revenue sources. Attachment III: 25. X Page 21 Verify that the County name is entered at the top of the page. Attachment N: 26. Page 22 Verify that the county name is entered at the top of the page and that the facility information X I rr Attachment V: 27. Page 23 Verify that the county name Is entered at the top of the page. If applicable, verify that the X special project information is entered correctly. Attachment VI: 28. Page 24 Verify that the county name is entered at the top of the page and that the Primary Care program X information is entered. Complete the CHD Core Contrail Review form using Attachments II, Part II & Part III and the 29. X Schedule C. FLORIDA DFPARTMEPTf OF HEA?LT ~ . Charlie Crist Ana M. Viamonte Ros, M.D., M.P.H. Governor State Surgeon General INTEROFFICE MEMORANDUM DATE: TO: Matt Kirkland, Acting Director Division of Administration FROM: Administrator/Director St. Lucie County Health Department SUBJECT: Core Contract Certification INFORMATION ONLY X I certify that no changes have been made to the 2009-2010 Core Contract document or attachments by the St. Lucie County Health Department. ? I certify that the following changes have been made to the 2009-2010 Core Contract document and attachments by the County Health Department as follows: Pa a Para rah Document Chan es State exact chap es to /an ua a or new /an ua e. Pa a Section Attachment Chan es State exact chap es to /an ua a or format. + J~r.. y- 0 5 Sign ure (Administrator/Director) Date XXX County Health Department • Address • City, State Zip Code St Lucie County Health Department Service Fees Effective 10/01/09 IMMUNIZATIONS Fees Old Fees Administration Fee Per immunization 20.00 Hepatitis B Vaccine (3 injections required) per injection Cost+fee Hepatitis A (2 injections required) per injection Cost+fee TwinRix Hep A&B combined (3 injections required) per injection Cost+fee Influenza Cost+fee MMR - Over the Age of 18 Cost+fee Tetanus Diphtheria (Decavac) Cost+fee TDAP (Adacel) 11 to 64 yrs. Cost+fee Pneumonococcal Vaccine Cost+fee Varicella Vaccine (Chicken Pox) Cost+fee Yellow Fever Cost+fee Typhoid Cost+fee Rabies Vaccination: Vaccine (5 doses)(per injection) Cost+fee Rabies Immune Globulin (dosage based on body weight)(per 2m1 vial) Cost+fee Meningitis Menomune Cost+fee Menactra Cost+fee Immune Globulin (dosage based on body weight) (per 2ml vial) Cost+fee Foreign Travel Clinic RN Consultation 50.00 Immunization Book 5.00 680 Expedite process not associated 5.00 with clinic visit PPD 20.00 LABORATORY In house Laboratory processing Fee 25.00 HIV/Aids Testing (Confidential) 30.00 HIV/Aids Testing (Anonymous) 35.00 Drug Testing without ETON 35.00 Drug Testing with ETOH 70.00 Complete Urinalysis 15.00 Pregnancy Test 35.00 RPR 15.00 Ova & Parasite 5.00 Enteric Culture (stool) ,r 5.00 Occult Blood (stool) 5.00 Effective 10/01/09 Fees Old Fees Throat Culture 30.00 Influenza Culture 50.00 Hemoglobin 15.00 Random Blood Sugar 15.00 Lead Screen 30.00 Gc/Chl 15.00 Pap Smear (Routine) 15.00 Pap Smear (OB) 41.00 Urine Protein & Glucose 15.00 All LabCorp Laboratory tests are at current cost plus processing fee. VITAL STATISTICS Birth Certificates (Book Copy) 17.00 Birth Certificates (Computer Copy) 15.00 Extra Copies of Certificates 10.00 Out of County Birth Certificates 17.00 Death Certificates 14.00 Birth/Death Records Search (Per year) 7.00 Expediting Charge 7.00 PERSONAL HEALTH Chest X-Ray 55.00 Insulin (per vial) 16.00 STD Screening 44.00 School Exam Records/Patient Request (gold form) 3.00 Copies of Medical Records (per page) 1.00 Family Planning/Maternal *Sliding Fee Scale Health According to Office of Management and - Budget Poverty Scale PRIMARY CARE Pediatric Clinic (New) -base rate 70.00 Pediatric Clinic (Established) - base rate 60.00 Effective 10/01/09 Fees Old Fees ADULT HEALTH Adult Clinic (New) -base rate 70.00 Adult Clinic (Established) - base rate 60.00 EYE EXAMS Ophthalmology Exams 33.00 OB SERVICES Non complicated vaginal delivery 850.00 Cesarean section 865.00 Office visits 65.00 lhr glucola (sugar test) and CBC 40.00 3hr glucose tolerance test 30.00 Cystic Fibrosis 90.00 Quad Screen (genetic testing) 90.00 36wks labs (HIV,RPR,CBC,vaginal cultures, GBS) 120.00 Ultrasounds 100.00 Non stress test (NST) 75.00 Vaginal cultures 60.00 Colposcopy 225.00 Colposcopy biopsy 45.00 per biopsy Papanicolou smear 60.00 Tubal Ligation (only for repeat c-section) 200.00 Amniocentesis 300.00 BPP ultrasound 135.00 Ultrasound (OB 1st trim.) 175.00 Ultrasound (OB 2an trim.) 200.00 Ultrasound (Size & Date) 125.00 Hospital Care Non Complicated 2500.00 * Proof of financial eligibility required to access sliding scale Effective 10/01/09 Fees Old Fees DENTAL Fees INITIAL ORAL EXAM 30.00 PERIODIC ORAL EXAM 25.00 LIMITED PROBLEM FOCUSED EXAM 30.00 COMPREHENSIVE ORAL EXAM 50.00 COMPLETE SERIES FXM 75.00 PERIEPICAL FIRST FILM 14.00 PERIEPICAL EACH ADDITIONAL FILM 10.00 OCCLUSAL FILM 10.00 BITE WINGS-SINGLE FILM 14.00 BITE WINGS-TWO FILM 30.00 BITE WINGS-FOUR FILM 50.00 EMERGENCY TREATMENT 40.00 PROPHYLAXIS CHILD 40.00 PROPHYLAXIS-ADULT 50.00 SEALANT-PER TOOTH 30.00 ROOT PANING & SCALING FULL MOUTH 300.00 ROOT PANING & SCALING PER QUADRANT 75.00 FULL MOUTH DEBRIDEMENT 100.00 EXTRACTION-SINGLE SIMPLE 75.00 EXTRACTION EACH ADDITIONAL 65.00 ROOT REMOVAL/EXPOSED ROOTS 75.00 SURGICAL EXTRACTION 150.00 IMPACTED WISDOM SOFT TISSUE 200.00 SURGICAL ROOT REMOVAL 150.00 ALVEOLOPLASTY W/EXTRACTION 30.00 ALVEOLOPLASTY PER QUADRANT 50.00 BIOPSY OF ORAL HARD TISSUE 70.00 BIOPSY OF ORAL SOFT TISSUE 70.00 AMALGAM-ONE SURFACE PRIMARY 50.00 AMALGAM-TWO SURFACE PRIMARY 70.00 AMALGAM-THREE SURFACE PRIMARY 80.00 AMALGAM-FOUR SURFACE PRIMARY 90.00 AMALGAM-ONE SURFACE, PERMANENT 65.00 AMALGAM-TWO SURFACE, PERMANENT 85.00 AMALGAM-THREE SURFACES, PERMANENT 95.00 AMALGAM-FOUR OR MORE, PERMANENT 100.00 RESIN-ONE SURFACE, ANTERIOR 70.00 RESIN-TWO SURFACE, ANTERIOR 80.00 RESIN-THREE SURFACE, ANTERIOR 90.00 Effective 10/01/09 Fees Old Fees RESIN-FOUR INCISAL ANGLE, ANTERIOR 100.00 RESIN-ONE SURFACE, POSTERIOR PRIMARY 50.00 RESIN-TWO SURFACE, POSTERIOR PRIMARY 60.00 RESIN-THREE SURFACE, POSTERIOR PRIMARY 70.00 RESIN-ONE SURFACE, POSTERIOR PERMANENT 80.00 RESIN-TWO SURFACE, POSTERIOR PERMANENT 90.00 RESIN-THREE SURFACE, POSTERIOR PERMANENT 100.00 SEDATIVE FILLING 65.00 PULP CAP-DIRECT 40.00 PULP CAP-INDIRECT 40.00 PULPOTOMY 60.00 ADJUSTEMENT MAXILLARY 15.00 ADJUSTEMENT MANDIBULAR 15.00 RELINE MAXILLARY (CHAIRSIDE) 100.00 RELINE MANDIBULAR (CHAIRSIDE) 100.00 TISSUE CONDITIONING MAXILLARY 50.00 TISSUE CONDITIONING MANDIBULAR 50.00 ADJUST UPPER PARTIAL 15.00 ADJUST LOWER PARTIAL 15.00 RELINE UPPER PARTIAL (CHAIRSIDE) 100.00 RELINE LOWER PARTIAL (CHAIRSIDE) 100.00 Acrylic Partial 400.00 One to Two tooth flipper 400.00 Premature Crown 300.00 Maxillary Complete 450.00 Mandibular Complete 450.00 Reline (Lab) 150.00 Upper/Lower Partial-(Cast Metal)each 600.00 Crown w/Resin Base Metal 400.00 Temporary Crown 70.00 Replace Broken Tooth 80.00 Base Repair 100.00-150.00 Add Tooth to Partial 80.00 Add Clasp to Partial 85.00 Effective 10/01/09 Fees Old Fees ENVIRONMENTAL HEALTH Environmental Sample 20.00 Water Sampling (each) potable drinking water 20.00 Water Forms 20.00 Water System Variance 50.00 Group Care Inspection - Once per Year 40.00 Group Care Inspection - Twice per Year 65.00 Wells: Domestic 105.00 Irrigation-Private 95.00 Site Visit 50.00 Commercial (less than 6) 265.00 Commercial (6 to 11) 330.00 Commercial (12 or greater) 395.00 Monitoring 65.00 Abandonment (Public) 135.00 Reinspection 65.00 Fines (open) Repair (domestic) 55.00 Repair (public) 115.00 Irrigation- Commercial 135.00 Veteran's Administration Certification for Water/Septic Systems 65.00 Water Report Reviewing and Sign off 5.00 Indoor Air Quality Response 50.00 Abandonment (Domestic-Irrigation) 35.00 Use of Septic Systems: Hazardous Waste 10.00 County Septic Fee (every new permit) 115.00 Revised Plan Review Fee 25.00 County Surcharge 15.00 Late permit fee 50.00 Environmental Record/Copy Fees: Per Page Fee .15 UST installation plan review 160.00 UST closure plan review 60.00 Effective 10/01/09 Fees Old Fees MISCELLANEOUS Health Education Seminars Per Hour/Person 50.00 Delivery Fees 10.00 Data Base Mail List 200.00 Notary Fee 5.00 Weight Class Series 25.00 Counseling - 55.00 Nutrition, HIV, AIDS & Healthy Start, Lactation Computerized Diet Analysis 20.00 Menu Cycle Review-Group Care Facilities (per hr)55.00 Not per hr Food service Training Seminars -Per Hour 50.00 45.00 Menu Cycle development for Group Care 450.00 380.00 Health Risk Appraisal 55.00 Computer application training / per person 35.00 Basic Supervisor Training (2 days)/per person 150.00 Academy Training (2 days)/per person 50.00 Nebulizer Treatment (initial) 15.00 Nebulizer Treatment (subsequent) 5.00 Wart Removal (in addition to clinic visit charge)15.00 Smoking Cessation Programs (30.00 pp class) 300.00 Diabetes Education/ per person 30.00 Ear irrigation (in addition to clinic visit charge) 20.00 Dressing Change (addition to clinic visit charge) 5.00 Additional copies of physical 4.00 forms not associated with visit ALL SERVICES PROVIDED TO THE JAIL WILL BE BILLED AT THE MEDICAID RATE. ~ ITEM NO. VI- E6 f ! ~ DATE: 09/22/09 ~ AGENDA REQUEST REGULAR ( ) ~ ~ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. Williams SUBMITTED BY: Community Services/Transit Division Transit Manager SUBJECT: Agreement Revision with Council on Aging BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130104-4910334121-400 Federal Transit Administration (FTA) 5317 130-4910-591970-400 Municipal Services Taxing Unit (MSTU) PREVIOUS ACTION: January 27, 2009 -Approved submission to become a Designated Recipient of New Freedom (NF) funds. March 6, 2009 -Approved submission of letter to FTA for NF grant funds. April 21, 2009 -Authorized Request for Qualifications for advertisement transit providers. September 8, 2009 -Accepted grant, Budget Resolution 09-266 and agreement with Council on Aging Inc. RECOMMENDATION: Acceptance of revised agreement with the Council on Aging of St. Lucie County Inc (COASL); and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED L ~ OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator CoordinationlSignatures County Attorney ( ) OMB Director ( ) 5~, Budget Analyst . el S. McIntyre Marie Gouin Nom,,.. y , Sophia Holt - Other ( ) Originating Dept. ( ) Beth Ryder r Community Services i • MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Corine C. Williams, Transit Manager DATE: September 22, 2009 SUBJECT: Agreement Revision with Council on Aging ITEM NO. VI- E6 Background: The purpose of the New Freedom Program is to provide improved public transportation services, and alternatives to public transportation, beyond those services required by the Americans with Disabilities Act (ADA) of 1990. This Act includes seniors and individuals with disabilities and is not limited to those with low income. The agreement with Council on Aging is to provide enhanced transportation services for seniors and disabled individuals between Port St. Lucie and Fort Pierce. The match will be provided through the public transit Municipal Services Taxing Unit (MSTU). Staff is submitting the revised agreement which clarifies project description and reflects the local funding match for the grant. The transportation service will be provided by the Council on Aging of St. Lucie County/Community Transit, a locally selected transit provider. The revisions are as follows: • Clarification of population to be served, "employment transportation services for low income" to "enhanced transportation for seniors and individuals with disabilities." • Clarification of funds match, "Agency agreed to provide local match" to "Project match provided by local public transit Municipal Services Taxing Unit." • Clarification of termination of contract, "terminate agreement upon ninety (90) days "to terminate agreement at thirty (30) days." Recommendation Acceptance of revised agreement with the Council on Aging of St. Lucie County Inc (COASL); and authorization for the Chair to sign documents as approved by the County Attorney. Attachment: Agreement with COASL NEW FREEDOM SUBGRANT AGREEMENT THIS AGREEMENT is entered into between St. Lucie County (the "County") and COUNCIL ON AGING OF ST. LUCIE COUNTY, INC., a Florida non profit corporation (the "Agency") on this date of , 2009. WHEREAS, on January 27, 2009, the County authorized staff to seek qualification as the Designated Recipient for the New Freedom (NF) project and further authorized staff to submit a NF grant application and to enter a grant application with the Federal Transit Administration ("FTA") as a pass through agency for the proposed project (the "Federal Grant"), and; WHEREAS, the FTA has approved the County as the Designated Recipient for the NF Project and awarded the County a NF grant to enhanced transportation services for seniors and individuals with disabilities (the "Project"); and, WHEREAS, the total cost of the Project is estimated to be $401,269.00; ate, less protect administration of $21,119.00. WHEREAS, the Agency is willing and able to provide transportation services for the Project; and, WHEREAS, the project match will be provided from Public Transit Municipal Services Taxing Unit MSTU and any additional funding required for the Project; and, WHEREAS, the parties desire to execute this Agreement to authorize the County to disburse the federal funds to the Agency under the terms and conditions contained herein. NOW THEREFORE, the parties hereby agree as follows: 1. COMPLIANCE WITH FEDERAL GRANT CONDITIONS 1.1 The Agency shall use the funds, as described below, to complete the Project as described in the Scope of Work in Attachment A. The Funds, as granted under this Agreement, can only be used towards the completion of this Scope of Work. The Agency shall not use the Funds to substitute for any other funds or projects not specified in this agreement. The Scope of Work includes a description of the Project location, a detailed Project description, specific description of the Project line item budget and schedule of work. 1.2 The Agency shall use the Funds in accordance with the Program Budget's entire 1 Match) as well as the fiscal year and month in which the funds will be expended. 1.3 The Agency understands the Funds are federal funds and FTA and DOL requirements apply to the use of Funds. All FTA and DOL requirements and guidelines are summarized in the FTA Master Agreement are incorporated herein by reference as part of this Agreement. Circular 4220.1 E is attached as Attachment B. These requirements include, but are not limited to: (a) Assurance of legal authority (b) Certification of non-debarment, suspension or termination (c) Certification of a drug free work place. (d) Intergovernmental review. (e) Civil Rights review, including Title VI Program review. (f) Disadvantaged Business Enterprise (DBE) assurance. (g) Disability nondiscrimination (ADA). (h) Office of Management and Budget (OMB) certification. (i) Lobbying certifications. (j) Buy America requirements. (k) NEPA environmental review. (I) Single audit requirements. (m) Circular 9300.1A (Section 5309). (n) Circular 5010.1 C (Grants Management). (o) Circular 4220.1 EThird-Party Contracting). (p) Section 5333(b) of the Federal Transit Statute. 1.4 During the term of this Agreement, the ° aQfeeS non+rih~~+e ~c~c•+ 4he .,f n+her .-o..~ ~~~o.J local contribution from the Public Transit MSTU will be used as the e~matching funds (other than federal funds), if any is specified within this Agreement or any attachments hereto, toward the actual costs of the Project. 1.5 Not more frequently than once a month, but at least quarterly, the Agency will prepare and submit to the County a certified Request for Reimbursement for actual allowable Project costs incurred and paid for by the Agency consistent with the Scope of Work document. Advance payments by the County are not allowed. 1.6 If applicable, the first Request for Reimbursement shall also be accompanied by a report describing and tasks specified in the Scope of Work document which were accomplished prior to the effective date of the Agreement, which costs could be credited toward the required local contribution described herein provided that the County has received prior federal approval for such expenditures. 1.7 If any amounts paid to the Agency are disallowed or not reimbursed by the FTA for any reason, the Agency shall remit to the County the disallowed or non- 2 reimbursed amount(s) within 30 days from receipt of the County's notice to the Agency. All payments made by the County hereunder are subject to the audit provisions contained herein and within the Federal Grant. 1.8 This is a one-time only grant subject to the terms and conditions agreed to herein. This grant does not imply nor obligate and future funding commitment on the part of the County. 1.9 The term of this Agreement shall commence upon the date first referenced above, and shall terminate upon termination of the Federal Grant, unless terminated earlier as provided herein. The last expenditure date on this Agreement is three (3) years after the FTA grant award date. 1.10 The Agency shall be subject to and shall comply with all applicable requirements of the County, FTA and DOL regarding Project reporting and audit requirements. The Agency shall use the agreement number on all correspondence. 1.11 The Agency shall submit the following report and certifications to the County for the duration of the Project: Quarterly Narrative and Financial Reports on Project Progress and any other New Freedom Reports as requested. 1.12 Unless written notification is otherwise provided by the County, the effective date and start date of reimbursable activities is the FTA grant award date. Actual reimbursement of eligible work cannot occur until the County and the Agency execute this Agreement and the County has entered into the Federal Grant Agreement. 2. TRANSFER OF FUNDS 2.1 To the extent that the County receives funds under the Federal Grant for the Project, the County shall reimburse the Agency for its eligible expenses up the maximum amount of $190,075.00 (the "Funds") for the Project subject to the terms and conditions herein. 2.2 The County shall transfer the funds to the Agency on a reimbursement basis only. No advance of Funds shall be allowed. The Agency shall submit monthly invoices with supporting documentation to the County Community Services Director identifying work completed and the amount expended by the Agency. Items eligible for reimbursement are discussed in the Project Budget as Attachment B. 2.3 Each Request for Reimbursement will report the total of Project expenditures and will specify the percent and amount of Funds to be reimbursed. The Request for Reimbursement shall be accompanied by a report describing the overall work status and progress on Project tasks. 3 2.4 The County shall reimburse the Agency the allowed amount of the invoice as approved by the County and in accordance with this agreement. 2.5 The Agency is responsible for all cost overruns incurred as a result of the Project. Under no circumstances will the total amount of money that the County reimburses the Agency exceed the amount of the Funds. 2.6 €~~~.+n? C~ ~n~ in +he o~icn~ +F+~ r`~.~n~ i~• ~~ii}hrlr.~~~~n ron~llorl nr nn~ ~rn-r~rarr crn~na~rarra--iv-~rmvr , e 3. INSURANCE 3.1 The Agency shall not commence work under this Agreement until it has obtained all insurance required under this section and a certificate of insurance indicating such coverage has been provided to the County. The Agency shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Agency shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the Agency, it shall be the responsibility of the Agency to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: (a) Workers' Compensation: The Agency shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $500,000.00 per occurrence. (b). Commercial General Liability: The Agency shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000.00 per occurrence; $2,000,000.00 general aggregate for claims of bodily injury including death, property damage and personal injury. Contractual Liability coverage shall be included. 4 (c) Commercial Auto Liability: The Agency shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $1,000,000.00 combined single limit. (d) Professional Liability: The Agency shall provide and maintain during the life of this Agreement, at his, its or their own expense, Professional Liability insurance on a claims made basis for a minimum of $1,000,000.00 coverage. (e) Other Insurance Provisions: The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: (1) The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Agency's performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Agency. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. (2) The Agency's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for Agency's activities. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Agency's insurance and shall not contribute with it. (3) Any failure to comply with the reporting provisions of the policy shall not affect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. (4) The Agency's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 4. TERMINATION 4.1 Termination at Will: Either party shall have the right at any time to terminate this Agreement upon ~ae#~-E98~ thirty days (30) written notice to the other party. In the event of termination, the County shall pay the Agency full compensation for services provided up to the effective date of the termination. 4.2 Termination for Default: (a) If, through any cause within the reasonable control of the Agency, the Agency shall fail to fulfill in a timely and proper manner, or otherwise violate any 5 of the covenants, agreements, or stipulations material to this Agreement, the County shall thereupon give written notice to the Agency of such default and specify the effective date thereof which shall be at least fourteen (14) days after the giving of such notice. In the event the Agency shall not have cured said default by such effective date, then this Agreement shall terminate on such effective date. If the Agency certifies that the default has been cured by such effective date and the County's Project Manager or his designee disagrees, he or she shall give written notice to the Agency disputing the alleged curing of the default. (b) The Agency's failure to timely perform as required by this Agreement, or otherwise to comply with the terms, conditions, and specifications shall constitute a default and the Agreement may be terminated at the discretion of the County. 4.3 Termination for Insolvency: The County reserves the right to terminate this Agreement in the event the Agency is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the rights and obligations of the parties shall be the same as provided for above in Section 4.1. 5. NOTICE 5.1 Whenever either parties desires to give notice to the other, it must be given by written notice, sent by certified mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to-wit: To the County: With copies to: County Administrator County Attorney 2300 Virginia Avenue 2300 Virginia Avenue, Fort Pierce, FL 34982 Fort Pierce, FL 34982 Community Services Director 2300 Virginia Avenue Fort Pierce, FL 34982 To the Agency: PRESIDENT/CEO Council on Aging of St. Lucie County, Inc. 1505 Orange Avenue Fort Pierce, FL 34950 6 l 6. MISCELLANEOUS 6.1 Florida law shall govern this agreement. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provision shall nevertheless continue in full force without being impaired or invalidated in any way; unless any of the stated purpose of this agreement would be defeated. 6.2 The Agency shall not assign this agreement, or any part thereof, without written consent and prior approval of the County, and any assignment without said consent shall be void and unenforceable. 6.3 This agreement and FTA DOL Guidelines constitute the entire understanding between parties, with respect to subject matter herein. This agreement shall not be amended, nor any provision or breach hereof waived except in writing signed by the parties. 6.4 The covenants and agreements of this agreement shall ensure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. 6.5 The County and FTA shall have the right to conduct a financial and compliance audit(s) of the Project, The Agency agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with generally accepted accounting principles, The Agency shall reimburse the County for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this agreement and FTA Guidelines. 6.6 The Agency shall obtain the services on an independent auditor to conduct a single audit review of the Project each year in conformance with the provisions of OMB Circular A-133. The Agency shall submit a copy of each single audit to the County within 30 days of its completion. 6.7 Neither the County nor any officer or employee thereof shall be responsible for any damage or liability occurring with any work performed by and or service provided by the Agency, its officers, agents, employees and subcontractors under this agreement. The Agency shall fully indemnify, defend and hold the County and its officers, agents and employees harmless from and against liability and expenses, including without limitation, defense costs, any cost or liability on account of bodily injury, death or personal injury of any person for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising of the Project, including, without limitations, (i) misuse of the Funds by the Agency, or its officers, agents, employees or subcontractors; (ii) breach of the Agency's obligations under this agreement; or (iii) any act or omission of the Agency, or its officers, agents, 1 employees or subcontractors in the performance of the work or provision of the services, included, without limitation, the Scope of Work, described in this agreement. The Agency hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 6.8 The Agency in the performance of this work required by this agreement is an independent contractor and not an agent or employee of the County. The Agency shall not represent itself as an agent or employee of the County and shall have no powers to bind the County in contract or otherwise. 6.9 No waiver by the County of any provision of this agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by of the same, or any other provision or the enforcement thereof. The County's consent to e# or approval of any act by the Agency requiring consent or approval shall not be deemed to render unnecessary the obtaining of the County's consent to or approval of any subsequent act by the Agency requiring consent or approval, whether or not similar to the act so consented or approved. 6.10 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 thereto. 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 and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. 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. 6.11 Any disputes relating to interpretation of the terms of this agreement or a question of fact or arising under this agreement shall be resolved through good faith efforts upon the part of the Agency and the County. At all times, the Agency shall carry on the work and maintain its performance in accordance with the requirements of the agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 6.12. Prior to initiating any litigation concerning this agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator 8 Z shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. In the event that mediation is unsuccessful, either party may bring an action to enforce its rights in a Florida court of appropriate venue and jurisdiction. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST LUCIE COUNTY, INC. BY: SECRETARY PRESIDENT/CEO (SEAL) S:\atty\agreemnt\new freedom.coasl.doc 9 ~ ITEM NO. VI• f I~ ' ~ ~ DATE: 09/22/09 • ~ , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Le SUBMITTED BY: Airport Airport Director SUBJECT: PBS&J Work Authorization (WA) No. 7 for Resident Project Representative (RPR) Services for the Runway 10R/28L Rehabilitation Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140137-4220-563005-48015 Infrastructure-Cons Eng 140365-4220-563005-48015 Infrastructure-Cons Eng PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of PBS&J Work Authorization No. 7 for Resident Project Representative Services for the Runway 10R/28L Rehabilitation Project for a lump sum cost of $35,810, and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER ~ _ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) i/'y~ ~ wt Budget Analyst ' ' 1 Dani 1 McIntyre Marie Gouin Heather Young Patty Marston Purchasing ( ) C'~ ERD ( ) Melissa Simberlund (Name) AIRPORT ~ r , ~ MEMORANDUM • ~ ~ TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: September 22, 2009 SUBJECT: PBS8~J Work Authorization (WA) No. 7 for Resident Project Representative (RPR) Services for the Runway 10R/28L Rehabilitation Project ITEM NO. VI-L1 Background: This request is for the Board to approve the PBS&J Work Authorization (WA) No. 7 to provide additional Resident Project Representative (RPR) services for the Runway 10R/28L Rehabilitation project at the airport. DMJM Aviation is the consultant engineer of record for the project. However, under their existing Work Authorization No. 1, full time on-site construction and inspection services were not included. Due to the critical need to reopen the runway as quickly as possible it has been determined that on-site oversight of the project would be best to quickly address any issues or concerns during construction. PBS&J, given their recent experience with new runway project and the availability of a local representative with qualifications to oversee the project, was selected to provide these RPR services. Board approval of WA No. 7 is being requested in order to provide the consultant services needed for the lump sum amount of $35,810. The Federal Aviation Administration and Florida Department of Transportation grants received for this project will cover a total of 97.5% of this cost, with the local match (2.5%) being previously budgeted. Previous Action: • July 3, 2007 -Board approves DMJM Work Authorization No. 1 for the design, bid, and construction administration services for the runway rehabilitation project. • July 7, 2009 -Board conditionally approved the award of Bid No. 09-031 to Ranger Construction in the amount of $2,126,256.50. • September 8, 2009 -Board approved Budget Resolution No. 09-255 accepting the Federal Aviation Administration grant. • September 8, 2009 -Board approved Resolution No. 09-258 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA). Recommendation Board approval of PBS&J Work Authorization No. 7 for Resident Project Representative Services for the Runway 10R/28L Rehabilitation Project for a lump sum cost of $35,810, and authorization for the Chair to sign the document as approved by the County Attorney. w s.'.i • WORK AUTHORIZATION NO. 07 CONTRACT C07-04-267 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of 2009, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and PBSS<J, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07-04-267) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County International Airport -Construction Phase Services for Rehabilitation of Runway 10R 28L (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04-267). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Attachment "A" and according to the schedule which is attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 2 3. COMPENSATION: The lump sum fee to perform all services as described in the attached Scope of Services shall not exceed a total amount of thirty-five thousand eight hundred ten and 00/100 dollars ($35,810.00), as further detailed in Attachment "C". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work as further described in Attachment "A". c. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies, each of which shall be considered an original on the following dates. BOARD OF COUNTY COMMISSIONERS ATTEST:. ST. LUCIE COUNTY,. FLORIDA. BY: Deputy Clerk CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: PBSBJ f ~ ~ ~ BY• ~L. Print Name: ~-'C~-',~.C-r ~ /~'~c ~'~w~ Page 2 of 2 SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT REHABILITATION OF RUNWAY lOR/28L ATTACHMENT A SCOPE OF WORK CONSTRUCTION PHASE SERVICES FOR REHABILITATION OF RUNWAY lOR-28L AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT FT. PIERCE, FLORIDA August 2009 The lump sum fees to be paid the Consultant under this contract (Attachment C) are based upon the Scope of Work detailed herein and the list of Basic Assumptions stipulated in Attachment B. I. BACKGROUND INFORMATION Runway l OR-28L is the primary runway at St. Lucie County International Airport: The runway is 6,492 ft. long and 150 ft. wide with 200 ft. blast pads at each end. It has medium intensity edge lights and aCAT I ILS/DME approach to Runway l OR. The runway pavement is showing signs of distress related to environmental causes such as sun and weather exposure, water penetration, and temperature fluctuations. To extend the useful and economic life of this pavement, the runway will be resurfaced in a mill and overlay process. II. GENERAL DESCRIPTION OF PROJECT SCOPE This scope of work includes resident project inspection services for the runway rehabilitation and project coordination with St. Lucie County International Airport staff and DMJM Aviation (Engineer of Record). The amount of time associated with this scope is 4 weeks, which includes periods of night work and non-standard working hours. III. WORK TASKS To develop the scope definition and associated consultant fee, the work has been divided into various tasks. This section presents the specific tasks to be undertaken in this Scope of Work for the resident project inspection for the rehabilitation of Runway lOR-28L. The assumptions and conditions for the work efforts are outlined in Attachment B, Basic Assumptions. Page 1 of 5 SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT REHABILITATION OF RUNWAY lOR/28L 1. Project Management and Coordination This task includes administration of the prime agreement with ST. LUCIE COUNTY, as well as coordination with ST. LUCIE COUNTY, DMJM, tenants, regulatory and approval agencies and other interested stakeholders. Under this task the Consultant will endeavor to ensure a seamless Project team effort, maintaining continuous communication with ST. LUCIE COUNTY and DMJM. 2. Resident Project Representative Duties and Responsibilities of the Senior RPR shall include: Schedules: Review the progress schedule, schedule of shop drawing submittals and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. Conference and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project related meetings. Liaison: Serve as the Owner's liaison with Contractor, working principally through Contractor's superintendent and assist Engineer in serving as the Owner's liaison with Contractor when Contractor's operations affect Owner's on-site operations. Assist in obtaining from the Owner additional details or information, when required for proper execution of work. Shop Drawings and Samples: Record date of receipt of shop drawings and samples. Receive samples, which are furnished at the site by Contractor, and notify the Owner of the availability of samples for examination. Advise Engineer and Contractor of the commencement of any work requiring a shop drawing or sample if the Engineer has not approved the submittal. Review of Work, Rejection of Defective Work, Inspections and Tests: Conduct on-site observations of the work in progress to assist in determining if the work is in general proceeding in accordance with the Contract Documents. Report to the Owner whenever Resident Project Representative believes that any work is unsatisfactory, faulty or defective or does not meet the requirements of any inspections, test or approval required to be made and advise the Owner of work that Resident Project Representative believes should be corrected or rejected or should be uncovered for observation or required special testing inspection or approval. Verify that tests, equipment and systems start-ups and operating maintenance training are conducted in the presence of appropriate personnel and that Contractor maintains adequate records thereof, and observe, record and report to the Owner appropriate details relative to the test procedures and start-ups. Accompany visiting Page 2 of 5 r SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT REHABILITATION OF RUNWAY lOR/28L inspectors representing public or other agencies having jurisdiction over the Project, record the results of the inspections and report to the Owner. Interpretation of Contract Documents: Report to the Owner when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations asissued by the Owner. Modifications: Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report with Resident Project Representative's recommendations to the Owner. Transmit to Contractor decisions as issued by the Engineer and approved by the Owner. Records: Maintain at the job site orderly files of correspondence, reports of job conferences, shop drawings and samples, reproductions of original Contract Documents including all work directive changes, addenda, change orders, field orders, additional drawings issued subsequent to the execution of the contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports and other project related documents. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of material and equipment. Reports: Furnish Engineer periodic reports as required of the progress of the work and of Contractor's compliance with the progress schedule and schedule of shop drawings and sample submittals. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the work. Draft proposed change orders and work directive changes, obtaining backup material from Contractor and recommend to Engineer change orders, work directive changes and field orders. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to the Owner, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. Certificates, Maintenance and Operations Manuals: During the course of the work, verify that certificates, maintenance and operations manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed in accordance with the Contract Documents and have this material delivered to the Engineer for review and forwarding to the Owner prior to final payment for the work. Completion: Conduct final inspection in the company of the Owner, Engineer and Contractor and prepare a final list of items to be completed or corrected. END OF ATTACHMENT A Page 3 of 5 SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT REHABILITATION OF RUNWAY lOR/28L ATTACHMENT "B" BASIC ASSUMPTIONS The following is a list of assumptions which forms the basis of the cost proposal included herein as "Attached C" for providing the design services detailed in the PBS&J Scope of Work for this project. It must be noted that any change to these basic assumptions constitutes a change in the project scope and may constitute the necessity of a revision to the cost proposal. 1. The fees for the provision of Resident Project Representative (RPR) services are based on a construction duration of four (4) weeks, which includes periods of night work and non-standard working hours. In the event the scope of the project (described in Attachment A) changes, the Consultant shall be entitled to additional compensation and the terms of this agreement shall be re-negotiated and amended as needed. 2. Consultant shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures or for the safety precautions and programs in connection with the project construction, for the acts or omissions of the contractor, subcontractors, any of their agents or the subcontractor's employees, or any other person performing any of the work or for the failure of such persons to carry out the work in accordance with the contract documents. 3. Limitation of Authority of the Resident Project Representative: • Shall not authorize any deviation from the construction Contract Documents or substitution of materials or equipment. • Shall not exceed limitations of Owner or Engineer as set forth in the construction Contract Documents. • Shall not undertake any of the responsibilities of the Contractors, subcontractors or Contractor's superintendents. • Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the construction Contract Documents. • Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. • Shall not accept shop drawings or sample submittals from anyone other than the Contractor. Page 4 of 5 SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT REHABILITATION OF RUNWAY lOR/28L • Shall not authorize the Owner to occupy the Project in whole or in part. • Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized. 4. By recommending any payment Consultant shall not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by Consultant to check the quality or quantity of Contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to Consultant in this Agreement and the Contract Documents. Consultant's review of Contractor(s)' work for the purposes of recommending payments shall not impose on Consultant responsibility to supervise, director control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It shall also not impose responsibility on Consultant to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to Owner free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. Page 5 of 5 Attachment C Consultant's Estimate of Compensation August 2009 St Lucie County International Airport Resident Project Representative Services Rehabilitation of Runway 10R-28L MANHOURS BY CLASSIFICATION ITEM TASK SR. PM / RPR CLERICAL NO. PRIN ENGR SUPPORT RESIDENT PROJECT REPRESENTATIVE SERVICES Task I Project Management and Coordination 20 4 Task 2 Resident Project Re resentative 282 I6 TOTAL HOURS: 20 282 20 HOURLY BILLING RATE: $165.00 $105.00 $55.00 EXTENDED TOTAL: $3,300.00 $29,610.00 $1,100.00 LABOR FEES SUBTOTAL: $34,010.00 B.DIRECT EXPENSES -CONSTRUCTION PHASE SPECIAL SERVICES PBS&J EXPENSES (Including RPR vehicle, meals, supplies, misc.) $1,800.00 DIRECT EXPENSES SUBTOTAL: $1,800.00 TOTAL LUMP SUM FEE -CONSTRUCTION PHASE SERVICES $35,810.00 ITEM NO. VI- j- ~ 4 ~ ~ _ y DATE: 09/22/09 • . , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis SUBMITTED BY: Airport Airport Director SUBJECT: Budget Resolution No. 09-276, Runway Rehabilitation Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140365-4220-563000-48015 Infrastructure (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Resolution No. 09-276 establishing the fund for the Florida Department of Transportation grant for the runway rehabilitation project in the amount of $89,648, with the local share match of $89,648, and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ ' Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) ~ Budget Analyst Dan I McIntyre Mari Gouin Heather Young Patty Marston Originating Dept. ( ) ERD ( ) (Name) (Name) AIRPORT ~ _ - • ' ~ ' ~ MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Directo DATE: September 8, 2009 SUBJECT: Budget Resolution No. 09-276, Runway Rehabilitation Project ITEM NO. VI-L2 Background: The Runway 10R/28L rehabilitation project consists of the milling and overlay of the 150' by 6,492' main runway, which was last resurfaced in 1986. The original project estimate approved in the FY 2009 Capital Improvement Program was $4,386,870 that was to be funded with a FAA grant of $4,167,526, a FDOT grant of $109,672, and a local match of $109,672. In February 2009, the Federal Aviation Administration (FAA) advised that only 100' of the runway width would be eligible for funding based on the design aircraft identified in the 2002 Airport Master Plan. FDOT agreed to cover 50% of the cost of the remaining 50' width so that the total 150' width of the runway rehabilitation can be funded. A grant application was submitted to the FAA on May 27, 2009 based on actual bids for a total project cost of $2,192,067. The FAA is contributing a 95% share of the cost to rehabilitate the 100' width of the runway, or $2,012,772. The FDOT grant of $89,648 includes a 2.5% match for the FAA grant and a 50% grant for the 50' width of the runway. The local share match is $89,648. The attached Budget Resolution 09-276 establishes the fund for the FDOT portion of the grants for this project. Previous Action: • September 12, 2006 - Board approved Resolution No. 06-284 accepting Florida Department of Transportation $300,000 grant for design. • July 3, 2007 -Board approved DMJM Aviation Work Authorization No. 1 for design services at a cost of $348,645.68. May 19, 2009 -Board authorized submission of the runway rehabilitation grant application to the FAA. • July 7, 2009 -Board conditionally approved Bid No. 09-031 to Ranger Construction in the amount of $2,126,256.50 for the runway rehabilitation project. • September 8, 2009 -Board approved Budget Resolution No. 09-255 and accepted an FAA Grant in the amount of $2,113,078.00. • September 8, 2009 -Board approval of Resolution No. 09-258 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement for the runway rehabilitation project. Recommendation Board approval of Budget Resolution No. 09-276 establishing the fund for the Florida Department of Transportation grant for the runway rehabilitation project in the amount of $89,648, with the local share match of $89,648, and authorization for the Chair to sign the document as approved by the County Attorney. I RESOLUTION NO. 09-276 WHEREAS, .subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement, in the amount of $89,648, as funding for the Rehabilitation of Runway 10R/28L (formally 9/27) at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 22"d day of September, 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 140365-4220-334411-48015 FDOT-Transportation $89,648 APPROPRIATIONS 140365-4220-563000-48015 Infrastructure $89,648 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 22ND DAY OF SEPTEMBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI- ~3 - -~---~.R.,,~_ - DATE: 09/22/09 • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewi _ SUBMITTED BY: Airport Airport Director SUBJECT: Budget Resolution No. 09-275, Airport Security Fencing BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140364-4220-563000-48005 Infrastructure (pending BOCC approval). PREVIOUS ACTION: September 8, 2009 -Board approved Budget Resolution No. 09-255 and accepted an FAA Grant in the amount of $2,113,078.00. September 8, 2009 -Board approval of Resolution No. 09-259 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement for the security fencing. RECOMMENDATION: Board approval of Budget Resolution No. 09-275 establishing the fund for the FDOT grant for the airport security fencing project in the amount of $2,640, with a local match share of $2,640, and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) ~l 7~j ~,.,oa w, Budget Analyst l'~, Da iel McIntyre Marie Gouin Heather Young Patty Marston Originating Dept. ( ) ERD ( ) (Name) (Name) AIRPORT _ F • ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director w DATE: September 22, 2009 SUBJECT: Budget Resolution No. 09-275, Airport Security Fencing ITEM NO. VI-L3 Background: Each year, the Airport receives a $150,000 Federal Aviation Administration (FAA) entitlement grant to fund 95% of an eligible project. FDOT will also match this with a 2.5% grant. Typically, the Airport has used these grants to fund phases of security fencing. In the Federal Aviation Administration (FAA) grant offer dated August 20, 2009, an entitlement grant of $100,306 was provided to fund the next phase of the security fencing totaling $105,586. This is less than the annual $150,000 entitlement grant typically received because the FAA allowed the Airport to use $48,694 toward a funding shortfall associated with the relocation of Florida Power and Light powerlines for the Runway 10L/28R project. In September 2009, the Board accepted the FDOT Joint Participation Agreement for the 2.5% match of the FAA entitlement grant for fencing or $2,640. The attached Budget Resolution 09-275 establishes the fund for the FDOT portion of the grants for this project. Recommendation Board approval of Budget Resolution No. 09-275 establishing the fund for the FDOT grant for the airport security fencing project in the amount of $2,640, with a local match share of $2,640, and authorization for the Chair to sign the document as approved by the County Attorney. f- ~ RESOLUTION NO. 09-275 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement, in the amount of $2,639.50, as funding for Security Fencing at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 22"d day of September, 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 140364-4220-334411-48005 FDOT-Transportation $2,640 APPROPRIATIONS 140364-4220-563000-48005 Infrastructure $2,640 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 22ND DAY OF SEPTEMBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-G1 _ ~ - - DATE: 09/22/09 . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin ,~n ~ J SUBMITTED BY: Office of Management & Budget/Purchasing Director 'r64-~ SUBJECT: Amendment to Contract for Horseback Riding on the Beach BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: January 10, 2006 - BOCC approved the award and contract RECOMMENDATION: Board approval of the first amendment to Contract No. C06-01-335 with Alan Hayes, extending the contract through May 29, 2011, 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/Signatures ~ ~ OMB County Attorney (X) ~ Budget Analyst ( ) Dan McIntyre Purchasing (X) Parks & Recreation (X ) Melissa Simberlund Debra Brisson Office of Management ~ ~ ~ = _ T & BudgetlPurchasing • ' ~ ~ ~ MEMORANDUM TO: Board of County Commissioner FROM: Marie M. Gouin, Director DATE: September 22, 2009 SUBJECT: Amendment to Contract for Horseback Riding on the Beach ITEM NO. VI-G1 Background: In 2006, St. Lucie County entered into a contract with Alan Hayes, located in Ft. Pierce, to provide horseback riding on the beach at Frederick Douglass Beach on South Hutchinson Island. Alan Hayes submitted the only proposal to RFP #05-073. The vendor pays the County monthly, 20% of the gross receipts for each rider participating. The original contract was for a period of three years with a renewal option for up to two year so that the contract would not exceed a maximum total of five years. This amendment will extend the contract to the maximum allowed whereby causing the County to go back out for RFP early 2011. The first amendment to Contract No. C06-01-335 is attached. Recommendation: Board approval of the first amendment to Contract No. C06-01-335 with Alan Hayes, extending the contract through May 29, 2011, and authorization for the Chair to sign documents as approved by the County Attorney. r C06-01-335 FIRST AMENDMENT TO DECEMBER 18, 2007 AGREEMENT BETWEEN ST. LUCIE COUNTY AND ALAN HAYES THIS FIRST AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and ALAN HAYES, or his, its or their successors, executors, administrators, and assigns Ithe "Contractor"). WHEREAS, on December 18, 2007 the parties entered into a contract to provide horseback riding on the beach at Frederick Douglass; and, WHEREAS, the parties desire to amend the contract to exercise the first one-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Article 1.01 TERM of the Agreement shall be amended to read as follows: 1.01 Term. St. Lucie County, a political subdivision of the State of Florida (the "County") hereby leases to ALAN HAYES (the "Vendor") for a term of five years, beginning on May 30, 2006, hereinafter referred to as the "date of execution", the Site described in Article 3.01 below for the operation of horseback riding on the beach within St. Lucie County and at the sites noted herein, hereafter called the "Facility." 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR 1 C06-01-335 ~ APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: ALAN HAYES BY: Print Name: Title: 2 ~ - ITEM NO. VI-G2 DATE: 09/22/09 i AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to Contract for Cleaning of Tradition Field Sports Complex BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 461-75201-534000-700 -Other Contractual Services PREVIOUS ACTION: December 18, 2007 - BOCC approved the award and contract RECOMMENDATION: Board approval of the first amendment to Contract No. C07-12-705 with Coverall extending the contract through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB ~ ] Count Attorney X Bud et Anal st X `'t' ~ 1, ) Y ( ) 9 Y ( ) Dan McIntyre Patty Marston-Duva Q Purchasing (X) ] Parks & Recreation (X ) Melissa Simberlund Brisson _ _ Office of Management - _ ~ _ _ & Budget/Purchasing ~ 4 -J MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: September 22, 2009 SUBJECT: Amendment to Contract for Cleaning of Tradition Field Sports Complex ITEM NO. VI-G2 Background: In 2007, St. Lucie County entered into a contract with Coverall, located in Boynton Beach, to provide cleaning services for the Tradition Field Sports Complex. Coverall was the lowest, responsive and responsible bidder for Bid No. 08-009. Bids were received from firms located in Orlando, Boynton Beach, West Palm Beach and Indian Harbor Beach. Coverall does utilize local labor to perform the cleaning services. This contract is for the cleaning of the entire stadium after all New York Mets spring training games and all St. Lucie Mets games. Contractor is paid $1,510.14 per game for New York Mets games and $600.00 per game for St. Lucie Mets games. The original contract was for a period of two years with two one-year renewal options. This first amendment will extend the contract through December 31, 2010. The first amendment to Contract No. C07-12-705 is attached. Recommendation: Board approval of the first amendment to Contract No. C07-12-705 with Coverall, extending the contract through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. C07-12-705 FIRST AMENDMENT TO DECEMBER 18, 2007 CONTRACT BETWEEN ST. LUCIE COUNTY AND COVERALL THIS FIRST AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"? and COVERALL, or his, its or their successors, executors, administrators, and assigns (the "Contractor"?. WHEREAS, on December 18, 2007 the parties entered into a contract to provide for event cleaning services for Tradition Field; and, WHEREAS, the parties desire to amend the contract to exercise the first one-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM of the Contract shall be amended to read as follows: 6. TERM Unless terminated as provided for herein, the term of this Contract shall be for a period of three 13) year from January 1, 2008 through December 31, 2010. Upon mutual agreement, the parties may extend the terms of the Contract for one (1) additional one-year term. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 ~ ITEM NO. VI-G3 ~ _ DATE: 09/22/09 i AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY~:~ Marie M. Gouin n' ~ "`l SUBMITTED BY: Office of Management & Budget/Purchasing Director ' I SUBJECT: Bid No. 09-061, Concrete, Culvert and Asphalt Installation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-534000-400 Other Contractual Services (Stormwater) 101003-4108-534000-400 Other Contractual Services (Drainage) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 09-061, Concrete, Culvert and Asphalt Installation, to Melvin Bush Construction of Fort Pierce and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER -~`1 ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures l~' OMB County Attorney (X) ~ Budget Analyst (X ) Dan McIntyre Wonna Johnson Purchasing (X) Public Works (X) ~ Desiree Cimino on W st Don Pa ley Office of Management ~ = _ & Budget/Purchasing ® _ • ~ ~ - MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: September 22, 2009 SUBJECT: Bid No. 09-061, Concrete, Culvert and Asphalt Installation ITEM NO. VI-G3 Background: On August 5, 2009, submittals to Bid No. 09-061 for concrete, culvert and asphalt installation were opened. Nine submittals were received; 406 companies were notified and 37 documents were distributed. The lowest bidder, High Tower Construction, Incorporated, has requested to have their proposal withdrawn and not considered for this bid. Bid No. 09-061 was bid in accordance with Local Preference Ordinance 09-005. The purpose of this bid is for the removal and replacement of existing driveway installations, both with and without existing culverts, removal and replacement of existing concrete, asphalt and dirt or rock driveway surfaces and the removal and replacement of existing concrete sidewalk sections on an as-needed basis for the Road and Bridge Division. The contract term for this bid will be from October 1, 2009 through September 30, 2010. The contract will have the option for two additional one-year renewals at the same terms and conditions. Recommendation: Board approval to award Bid No. 09-061, Concrete, Culvert and Asphalt Installation, to Melvin Bush Construction of Fort Pierce and authorization for the Chair to sign documents as approved by the County Attorney. r J ~ O O ul ul O O O N Vt 0 0 0 O O C tit l11 N h 0 0 0 h h 0 0 0 O O O O 1D to H 00 00 V d O 1!1 O ~ m m c Z a u m a ~ Vf VS N tl~ Vl 1A Vf N W aA V} i!' V? SA 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 o p to ~ 0 0 0 o to G to N f~ V1 to O V V r+i tC M W V ID u yl W 3 ~ 0 z ~ VT N Vf V1 V} U1 t/1 VF N VF t/1 VY Vf 0 0 0 0 0 0 0 0 0 0 0 0 O C O O to O O O O Vl O O O O O m v v o o °o t°n t°n a m n v o0 N C W W W ~ ~ = v? a/1 N V1 V? N W 1/1. V} to V? VT N Vf O tl1 O to O O O O O O O O 0 0 O h trl N O O O O ttt 0 0 0 Vl O M N Ill 1I1 t0 O ~ V1 d N W N N O N V N N N Y ~ to N V? V? 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N N V1 VL N N N Vf Vf O O N 0 0 0 N u1 O O O O O t~ In tD .-1 O O O W td O O O U1 I+1 ~ N N t0 tD M lD t!1 M fll N H V N C 0p .a N N D ~ ~ ~ M Ol C Y O ~ L V ~ N N N N H h N N N h N N N N N m C c " 5 ~ s m a ~ ~u _a 'a H ~ u u o N p _a u n i] p~f M O«« ? .n w" u u o a ._L' C O rL ri M ~ H j i N R~~ c ~ w o a r d .n E ~ io c N Q v ~ v _ to ~ ~ 16 v~ V ~ ~ O a; E a io v C c~_ ~ C< o u 7 O w c Q `w v v y~ c `w o' `a i O c {J .-i N C H a E ~ r G v- a N N a d~ n c O~ - `w `m c c a c ~E Q o a w a y ~ m` a y u m m ~ O ~ a n E E a E w` o`I d t. a E _ a E a o 0 0 O i/~ ~ ~ w g v a a n m> u u m m w ~ ~ v a v ani v a~^ ~ v ani v~~ m a O>?~ U !II Q V¢ z~ Q~~ c c c ~ z~ C¢~ J 2 z z ATTACHMENT 1 ~ - ITEM NO. VI-G4 - - DATE: 09/22/09 • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin /y{~ SUBMITTED BY: Office of Management & Budget/Purchasing Director / ~ SUBJECT: Bid No. 09-063, St. Lucie Boulevard to Angle Road Force Main Extension -Phase I I BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140360-4220-563000-48004 FDEP Grant -Airport West Commerce Park Sewer 140-4220-563000-48004 I nfra stru ctu re PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 09-063, St. Lucie Boulevard to Angle Road Force Main Extension -Phase II, to H & D Construction Company, Incorporated of Fort Pierce, in the amount of $316,848.40 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/Signatures ~ ~ OMB ~c~~~ County Attorney (X) Budget Analyst (X) Dan McIntyre Patty Marston-Duva !j) Purchasing (X) ~i' ~ Airport/Utilities (X) ~~~i Desiree Cimino ~ Dian L is Laurie Waldie Office of Management ~ = & Budget/Purchasing ® _ • ~ ~ - MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: September 22, 2009 SUBJECT: Bid No. 09-063, St. Lucie Boulevard to Angle Road Force Main Extension -Phase II ITEM NO. VI-G4 Background: On September 2, 2009, submittals to Bid No. 09-063 for the St. Lucie Boulevard to Angle Road Force Main Extension -Phase II were opened. Ten submittals were received; 306 companies were notified and 46 documents were distributed. The lowest, responsive bidder was H & D Construction Company, Incorporated. Bid No. 09-063 was bid in accordance with Local Preference Ordinance No. 09-005. The purpose of this bid is for the installation of approximately 1) 2,200 Linear Feet (LF) of 8" force main -Rock Road; 2) 5,400 LF of 12" force main -Taylor Dairy Road; 3) 200 LF of 8" force main crossing US Highway 1 at St. Lucie Boulevard; 4) Lift station completion and 150 LF of 8" force main at Airport West Commercial Park with all appurtenances as required by Florida Department of Environmental Protection, Fort Pierce Utilities Authority and St. Lucie County regulations. Recommendation: Board approval to award Bid No. 09-063, St. Lucie Boulevard to Angle Road Force Main Extension - Phase II, to H & D Construction Company, Incorporated of Fort Pierce, in the amount of $316,848.40 and authorization for the Chair to sign documents as approved by the County Attorney. r J = I I , ~ ~ 3 - o ~ TABULATION SHEET -BID #09-063 ST. LUCIE BLVD. TO ANGLE ROAD FORCE MAIN EXTENNTION PHASE II 8~ ST. LUCIE COUNTY A.W.C.P. PUMP STATION OPENED: SEPTEMBER 02, 2009 AT 2:30 PM TEN (10) submittals were received for subject proposal: Total Bid Price Local - Y ! N 8 D CONSTRUCTION O .INC. 1404 S. 28 STREET, FT. PIERCE, FL 34947 S 319,846.40 y el: T72-429-1620 Fax: 772-429-1628 UNUNE ENGINEERING CONTTRACTORS INC. 180 SW POMA DR., PALM CITY, FL 34990 $ 328,614.00 Y el: 772-220-0786 Fax: 772-463-7786 .K. CONTRACTORS INC. 2860 S. BROCKSMITH RD., FT. PIERCE, FL 34945 $ 384 197,00 Y el: 77262-0770 Fax: 772-062-0765 FELIX ASSOCIA E F FLORID 3721 SW DARWIN BLVD., PORT ST. LUCiE, FL 34953 $ 384 991.92 Y el: 772-879-6510 Fax:772-879-7485 MELVIN BUSH CONSTRUCTIOM INC 748 SW CASELLA ST., PORT ST. LUCIE, FL 34953 $ 394,461.05 Y el: 772-338.0623 FaX:772.336-0488 DAVE FOOTE ENVIRONMENTAL CONST. INC. 94 6 ST. WEST LEHIGH ACRES, FL 33971 $ 401,164.50 N Te1:239-369.6146 Fax: 239.369-7516 .H. MC GREGAN 8 S NS C. 0 NE INDUSTRIAL BLVD., JENSEN BEACH, FL 34957 $ 441 842 00 y ei: 772.334-0235 Fax:772-334-3302 MASTER EXCAVATORS INC 9950 SW 168 TERRACE, MIAMI, FL 33157 $ 461,983.50 N el: 305-238-019 ax: 305-251$301 PALM BEACH GRADING INC. 1250 GSTEWAY RD., LAKE PARK, FL 33403 $ 465,135.00 N el: 561-842-9551 Fax:561.842-9824 -COM MUNICATIONS CO. INC. 24 WEST DRIVE, MELBOURNE, FL 32904 $ 481,358.59 N el: 321-723-6025 Fax: 321.723-3743 Number of companies notified*: 306 Number of bid documents distributed*: 46 Number of bids received: 10 *per demandstar.com CHRIS DZADOVSKY, DiitriU No.1 • DOUG COWARD, Di~Caumy AOminMratorL~lYE W. OUNTLAW. MPA ~S GRANDE, Oic61U No. 4 • CHRIS CRAFT, DWrkt No. 5 2300 Virginia Averws-Fan Pierce, FL 34982.5852- Plwns (772) d62.1700-TDD (772) 462-428 webaile: www.mriaucie.8.ue ATTACHMENT 1 ITEM NO. VI-G5 ~ ' - - ~ DATE: 09/22/09 i AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin rn SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Bid No. 09-067, Enhanced Swale Maintenance BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-534000-400 Other Contractual Services (Stormwater) 101003-4108-534000-400 Other Contractual Services (Drainage) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 09-067, Enhanced Swale Maintenance, to Environmental Land Development, Incorporated of Fort Pierce and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ ' Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) ~ Budget Analyst (X ) Dan McIntyre Wonna Johnson Purchasing (X) Public Works (X) Desiree Cimino D We t Don Pauley Office of Management ~ J = = _ _ & Budget/Purchasing s • ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: September 22, 2009 SUBJECT: Bid No. 09-067, Enhanced Swale Maintenance ITEM NO. VI-G5 Background: On August 26, 2009, submittals to Bid No. 09-067 for enhanced swale maintenance were opened. Nine submittals were received; 338 companies were notified and 34 documents were distributed. Bid No. 09-061 was bid in accordance with Local Preference Ordinance 09-005. The purpose of this bid is for the mechanical cleaning of roadside swales, ditches and culvert pipes throughout the unincorporated area of St. Lucie County under the direction of the Drainage Section of the Road & Bridge Division. Recommendation: Board approval to award Bid No. 09-067, Enhanced Swale Maintenance, to Environmental Land Development, Incorporated of Fort Pierce and authorization for the Chair to sign documents as approved by the County Attorney. Q> g b O O O O O 0 0 0 0 0 0 0 0 0 0 N N t01 Q °°y N t+01 tVf tt~~ Oy N itI aD ~ Q 0~ g O M M N N N N N N H M N N N r C ie Q Z w O N O 0 0 0°~ 0 0 0°° ~ w 2 m Z C! ~ r O O C~ O O °W O C~ m W W C O O Z- J N N N N H W N y ^N N N p ~q N N N 7 S j~ r Q °z $ gz o ~ °o °v °o $voi a^'n~~ wm o 0 0°0,°0 Z N o ~ O N O ' N M ~[~i ~ N N CvO O N P T O ~ N q N H N N N N N N N N N N 2 J ~ Z O W ~ O b~~ O1 O b H N t0 $ °O O fp O ~ ~ ~ W N N .O ap t2 ~ ~ C tl ~C b f? 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W Uu 2 IyL f W Z 0 O 6 CQ O~ n c W Z u¢Qi ~ Z(~~ U N W Ow u~ o i' c A a g$ J c a 0¢ Q N LL Q ^ ~ ~oat9 w$ 7w ~ ¢ 0 0 ~ 9 ~ W J e ~^xt a o ~J~ °c o` n n aS V m m 0 a Z ^ W u Wgg ~ 3 S °m C i ~ K K K j ~ V ~c-~1 a~°mo° i W > a O ~ a ~ 3I9b $ rat-° ma a z z z. ATTACHMENT 1 ITEM NO. VI-G6 = DATE: 09/22/09 • ~ , AGENDA REQUEST REGULAR (X ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Master Equipment Lease/Purchase Agreement for Computer Equipment and Software BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various Funds PREVIOUS ACTION: January 27, 2009 -Board approval of financing for the computer equipment and software. RECOMMENDATION: Board approval of Budget Resolution No. 09-281 to establish a budget for the master lease purchase agreement financing for computer equipment and software. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB 'I~~ County Attorney (X) Budget Analyst (X) . Dan McIntyre Sophia Holt Other ( ) Other ( ) (Name) (Name) Office of Management J ~ _ _ t & Budget/Purchasing s • ~ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: September 22, 2009 SUBJECT: Master Equipment Lease/Purchase Agreement for Computer Equipment and Software ITEM NO. VI-G7 Background: Financing for the master computer equipment and software with the Banc of America Public Capital Corp and Bank of America was approved by the Board. A budget must be established recognizing the capital lease proceeds used to purchase the equipment. The County borrowed $1,070,000. Annual payments are approximately $320,000. Payments on the Lease Agreement-will be made from legally available non-ad valorem revenues of the County budgeted and appropriated funds in each year the Lease Agreement is outstanding. Recommendation: Board approval of Budget Resolution No. 09-281 to establish a budget for the master lease purchase agreement financing for computer equipment and software. RESOLUTION NO. 09-281 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 capital lease proceeds from the Bank of America in the amount of $1, 070,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 22"d day of September, 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 001-0000-383100-000 Capital Lease Proceeds $ 913,915 001188-0000-383100-000 Capital Lease Proceeds $ 3,960 101-0000-383100-000 Capital Lease Proceeds $ 2,747 101002-0000-383100-000 Capital Lease Proceeds $ 9,812 101003-0000-383100-000 Capital Lease Proceeds $ 2,970 101004-0000-383100-000 Capital Lease Proceeds $ ~ 8,822 102-0000-383100-000 Capital Lease Proceeds $ 35,066 102001-0000-383100-000 Capital Lease Proceeds $ 2,839 107-0000-383100-000 Capital Lease Proceeds $ 73,215 140-0000-383100-000 Capital Lease Proceeds $ 2,882 145-0000-383100-000 Capital Lease Proceeds $ 10,890 150-0000-383100-000 Capital Lease Proceeds $ 990 184-0000-383100-000 Capital Lease Proceeds $ 1,892 Total Revenue $1,070,000 APPROPRIATIONS 001-1955-551501-100 Office Supplies-Computers (Lic) $ 129,148 001-1955-568000-100 Software $ 88,791 001-1955-564000-100 Machinery and Equipment $ 390,360 001-1 1 1 01-564000-1 00 Machinery and Equipment $ 1,461 001-11103-564000-100 Machinery and Equipment $ 1,461 001-11104-564000-100 Machinery and Equipment $ 1,461 001-11105-564000-100 Machinery and Equipment $ 1,461 001-1210-564000-100 Machinery and Equipment $ 4,208 001-1225-564000-100 Machinery and Equipment $ 1,461 001-1301-564000-100 Machinery and Equipment $ 1,461 001-1330-564000-100 Machinery and Equipment $ 1,461 ti 001-1350-564000-100 Machinery and Equipment $ 1,461 001-19301-564000-100 Machinery and Equipment $ 4,383 001-3715-564000-300 Machinery and Equipment $ 3,653 001-5310-564000-500 Machinery and Equipment $ 2,822 001-7110-564000-700 Machinery and Equipment $ 1,461 001-7210-564000-700 Machinery and Equipment $ 1,461 001-7220-564000-700 Machinery and Equipment $ 1,461 001-72101-564000-700 Machinery and Equipment $ 2,922 001-7510-564000-700 Machinery and Equipment $ 1,461 001-7216-564000-7106 Machinery and Equipment $ 1,461 001-7910-564000-700 Machinery and Equipment $ 1,461 001-7912-564000-700 Machinery and Equipment $ 1,461 001-1955-551200-100 Equipment <$1,000 $ 73,455 001-11101-551200-100 Equipment <$1,000 $ 1,421 001-11102-551200-100 Equipment <$1,000 $ 1,980 001-11103-551200-100 Equipment <$1,000 $ 1,421 001-11104-551200-100 Equipment <$1,000 $ 1,421 001-11105-551200-100 Equipment <$1,000 $ 1,421 001-1210-551200-100 Equipment <$1,000 $ 7,511 001-1225-551200-100 Equipment <$1,000 $ 3,401 001-1301-551200-100 Equipment <$1,000 $ 6,371 001-1320-551200-100 Equipment <$1,000 $ 3,960 001-1330-551200-100 Equipment <$1,000 $ 6,371 001-1350-551200-100 Equipment <$1,000 $ 2,130 001-1410-551200-100 Equipment <$1,000 $ 9,900 001-1920-551200-100 Equipment <$1,000 $ 1,980 001-1925-551200-100 Equipment <$1,000 $ ggp 001-1926-551200-100 Equipment <$1,000 $ 990 001-19301-551200-100 Equipment <$1,000 $ 9,900 001-2360-551200-200 Equipment <$1,000 $ 1,980 001-3715-551200-300 Equipment <$1,000 $ 12,742 001-3920-551200-300 Equipment <$1,000 $ ggp 001-3921-551200-300 Equipment <$1,000 $ 1,980 001-5310-551200-500 Equipment <$1,000 $ 6,802 001-6420-551200-600 Equipment <$1,000 $ 1,980 001-7110-551200-700 Equipment <$1,000 $ 281 001-7210-51200-700 Equipment <$1,000 $ 6,371 001-72101-551200-700 Equipment <$1,000 $ 2,842 001-7215-551200-700 Equipment <$1,000 $ 1,981 001-7216-551200-7102 Equipment <$1,000 $ ggp 001-7216-551200-7103 Equipment <$1,000 $ 4,950 001-7216-551200-7106 Equipment <$1,000 $ 431 001-7220-551200-700 Equipment <$1,000 $ 1,421 001-7310-551200-700 Equipment <$1,000 $ 990 001-7510-551200-700 Equipment <$1,000 $ 7,361 001-7910-551200-700 Equipment <$1,000 $ 1,421 001-7912-551200-700 Equipment <$1,000 $ 3,401 001-7914-551200-700 Equipment <$1,000 $ 3,960 001-3715-551200-300 Equipment <$1,000 $ 216 001-4115-511200-400 Equipment <$1,000 $ 15,281 001188-1540-551200-100 Equipment <$1,000 $ 3,960 001-9950-573100-800 Additional Expenses-Bonds $ 52,619 101-4115-564000-400 Machinery & Equipment $ 2,747 101002-4110-564000-400 Machinery & Equipment $ 1,461 101002-4110-551200-400 Equipment <$1,000 $ 8,351 101003-4108-551200-400 Equipment <$1,000 $ 2,970 101004-4117-564000-400 Machinery & Equipment $ 1,461 101004-4109-551200-400 Equipment <$1,000 $ 4,950 1 01 004-41 1 7-551 200-400 Equipment <$1,000 $ 2,411 102-15101-564000-100 Machinery & Equipment $ 2,572 102-3920-564000-300 Machinery & Equipment $ 2,922 102-1510-551200-100 Equipment <$1,000 $ 3,960 102-1510-551200-1924 Equipment <$1,000 $ 4,950 102-15101-551200-100 Equipment <$1,000 $ 4,950 102-2415-551200-200 Equipment <$1,000 $ 12,870 102-3920-551200-300 Equipment <$1,000 $ 2,842 102001-4117-564000-400 Machinery & Equipment $ 1,461 102001-3715-551200-300 Equipment <$1,000 $ 216 102001-4117-551200-400 Equipment <$1,000 $ 431 102001-3715-564000-300 Machinery & Equipment $ 731 107-2120-564000-200 Machinery & Equipment $ 14,610 107-1940-551200-100 Equipment <$1,000 $ 990 107-2120-551200-200 Equipment <$1,000 $ 52,665 107-2360-551200-200 Equipment <$1,000 $ 4,950 140-4210-564000-400 Machinery & Equipment $ 1,461 140-4210-551200-400 Equipment <$1,000 $ 1,421 145-6230-551200-600 Equipment <$1,000 $ 10,890 150-1300-551200-100 Equipment <$1,000 $ 990 184-3710-564000-300 Machinery & Equipment $ 1,461 184-3710-551200-300 Equipment <$1,000 $ 431 Total Appropriations $1,070,000 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 22ND DAY OF SEPTEMBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-H I 4 ~i DATE: 9/22/09 • ~ , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Amy M Environmental Regulation SUBMITTED BY: Environmental Resources Manager SUBJECT: Reimbursement for sea grape trimming and exotic removal on County property. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available in 102-3920-546300-300 (Grounds Maintenance). PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution 09-274 accepting $1,200.00 from Bryn Mawr Ocean Towers Condominium Association for sea grape trimming and exotic removal on County property. COMMISSION ACTION: CONCURRENCE: OC) APPROVED ( ) DENIED - ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) OMB Director ( x) Budget Analyst n McIntyre Marie Gouin K~.~1'ti, v y ~ Tawonna Johnson Originating Dept. (x) Growth ( ) Management ERD Ka Smith Mark Satterlee Finance (x) ~`z Sh rancis Environmental Resources - • MEMORANDUM TO: Board of County Commissioners THROUGH: Karen Smith~~ Environmental Resources Director FROM: Amy Mott Environmental Regulations Manager DATE: September 22, 2009 SUBJECT: Bryn Mawr Condominium Association Beach Dune Trimming ITEM NO. VI-H Background: The County has received a request from the Bryn Mawr Ocean Towers Condominium Association which has volunteered to pay for exotic removal and trimming of sea grapes on County property adjacent to their private beach access. The BOCC has granted approval of this request in previous years. Budget Resolution 09-274 (attached) accepts the $1,200.00 from Bryn Mawr Ocean Towers Condominium Association to reimburse the County for expenses related to sea grape trimming and exotic removal on 1.28 acres of County property (Parcel ID # 1414-220-0003-000-1). This property is located across N. A1A from the Bryn Mawr Condominium property (which is located at 5055 N. A1A, Ft. Pierce, FL), between the N. A1A right-of-way and the Atlantic Ocean beach to the east and west adjacent properties to the north and south. Environmental Resources Department staff will be supervising the work to ensure trimming of natives is conducted per the County's Dune Trimming Guidelines and the exotics are properly cut and treated. Recommendation Board approval of Budget Resolution 09-274 accepting $1,200.00 from Bryn Mawr Ocean Towers Condominium Association for sea grape trimming and exotic removal on County property. ~ RESOLUTION NO. 09-274 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 $1,200 donation from the Bryn Mawr Ocean Towers Condominium Association for expenses related to sea grape trimming and exotic removal by the East Coast Tree Company. 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 22"d day of September, 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 102-3920-366900-300 Donations $1,200 APPROPRIATIONS 102-3920-546300-300 Grounds Maintenance $1,200 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 22ND DAY OF SEPTEMBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-H2 - _ . _ ~`~P - - _~~-w DATE: 09/22/09 • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Steve Fousek SUBMITTED BY: Environmental Resources/Environmental Environmental Lands Manager Lands SUBJECT: Lease Agreement with South Florida Water Management District BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 310002-3920-563000-300 - $50,000 in Zone B Impact Fees (pending BOCC approval of fiscal year 10 budget) PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to enter into a South Florida Water Management District Lease Agreement for 616.22 acres for a period of ten (10) years, with the option to renew, at no cost to the County, as described in Exhibit °A", and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (y~ APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Sig natures County Attorney (X) OMB Director (X) / Budget Analyst I Darnel McIntyre Marie Gouin K~~r `fo.~ R ert O'Sullivan Originating Dept. (X) Parks & Rec (X ) Steve Fousek Debra Brisson Environmental Resources • MEMORANDUM TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director~~~ FROM: Steve Fousek~ Environmental Lands Division Manager DATE: September 22, 2009 SUBJECT: Lease Agreement with South Florida Water Management District ITEM NO. VI-H2 Background: The South Florida Water Management District (SFWMD) has acquired several thousand acres of land in western St. Lucie County for future reservoirs associated with the Comprehensive Everglades Restoration Program. The proposed facilities are currently not scheduled for construction and the land may be leased by the County for a variety of public recreational uses. The land currently consists of cleared citrus groves. Staff is recommending the County lease 616 acres (Tract KE100-020) from the SFWMD to be used for a variety of public recreation uses. All uses must be compatible with the terms of the SFWMD lease, which permits low impact activities such as hiking, biking, equestrian use, remote controlled airplanes and cars, model rockets, archery, etc. The initial term of the lease is for a period of ten (10) years, and may be extended for additional one-year terms (depending on the SFWMD's construction schedule) at no cost to the County. The lease is attached for review and approval (Exhibit "A"). If the lease is approved, the County will only permit user groups that meet the lease conditions and are willing to install and maintain necessary capital improvements for their activities. However, to prepare the area for public use, the site will require an entrance road, fencing, gates, barricades, culverts and signage to ensure safe public use and controlled access. Staff estimates the improvements will cost a maximum of $50,000, but will design fhe site to reduce costs wherever possible. The Sundancer's Airplane Club approached the County and requested to use of a portion of the site. The Club was previously located in the City of Port St. Lucie but was asked to relocate due to noise complaints from encroaching residential areas. Since the majority of the Sundancer's Airplane Club members reside in the City of Port St. Lucie, the Port St. Lucie City Council supports the use of up to $50,000 in Zone B Impact Fees to provide initial site improvements (Exhibit "B"). The Sundancer's Airplane Club will use their own funds to improve their portion of the site. ` The use of Zone B Impact Fees requires long-term use of the site for a period "greater than the capital improvements useful life" (approximately 20 years). If the lease is terminated by the SFWMD prior to the end of the capital improvements' "useful life", the County must reimburse the Zone B Impact Fees fund from another revenue source. Recommendation Board authorization to enter into a South Florida Water Management District Lease Agreement for 616.22 acres for a period of ten (10) years, with the option to renew, at no cost to the County, as described in Exhibit "A", and authorization for the Chair to sign documents as approved by the County Attorney. Exhibit "A" Q~~Qif ~r~~ (SAP) #4600001846 LEASE AGREEMENT BETWEEN THE SO~g FLORIDA WATER MANAGEMENT DISTRICT AND ST. LUCIE COUNTY, FLORIDA LEASE) is entered into this day of This LEASE AGREIIYIIIV'~ ~ ~ 2009, by and between "the parties;' the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public coipoi~ation of the State of Florida, with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and urhose mailing address is Post Office Box 24680, West Palm Beach Florida 33416-4680,~(the "I,ESSOR'~, and ST. LUCIE COUNTY FLORIDA, political subdivision of the State of Florida, with its principal office at 2300 Virginia Avenue, Fort Pierce, FL 34982 (the "LESSEE"}. WITNESSETH: the DISTRICT is an agency of the State of Florida created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes; and ~iEREAS, the LESSOR is empowere Sectiont 373 083{1), Florida S ptutesCand cies, private corporations or other persons, pursuan WHEREAS, the DISTRICT owns that certain real property located in St. Lucie County, Florida, containing 616.22 acres, mare or less, located in St. Lucie County, Florida, being more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Premises"); and . VJHEI2EAS, the Premises are available for lease on an interim basis prior to restoration construction; and WHEREAS, the LESSOR is amenable to leasing the Premises for the purposes of providing public outdoor recreational activities on an .interim basis that are compatible with the preservation of the natural and historical resources of the Premises; and Page 1 of 13, Lease AgreementT~to. 4600001846 WHEREAS, the LT.SSEE desires to manage the Premises for such purposes; and WHEREAS, the LESSEE represents to LESSOR that it is qualified to manage the Premises in accordance to this LEASE; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida approved this LEASE at its (date) meeting. NOVJ THEREFORE, in consideration of the duties, responsibilities, obligations and covenants herein contained to be kept and performed by the LESS + the LESSOR does hereby lease to the LESSEE the Premises in accordance with the following terms, conditions, covenants and provisions: 1. DESCRIPTION OF PREMISES: The property subject to this + + is situated in the St. Lucie County, State of Florida and is more particularly described in Exhibit "A" attached hereto. 2. TERM: Subject to termination of the LEASE for convenience as set forth in Section 18 below, the initial term of this LEASE shall be for a Period of ten (10) years, commencing on July 1, 2009, unless sooner terminated pursuant to the provisions of this LEASE. Thereafter, this LEASE shall be automatically extended far additional one year terms, unless a party provides notice to the other party of such party's election to temunate this LEASE in accordance with Section 18. Unless terminated sooner, this LEASE shall expire on 3une 30, 2019. 3. PURPOSE: This L~Ewith them reseervation of the natural and historical resoeurces of interim basis that are compattb P the site. LESSEE shall use the Premises for compatible public outdoor recreation which is consistent with the preservation of the Premises for future restoration and the purposes for which the Land was acquired. The LESSEE shall be responsible for the protection of historical resources pursuant to Chapter 267, Florida Statutes. The types of public use allowed shall be low impact uses and include any ar all of the following activities: hiking, fishing, biking, equestrian, picnicking, nature walks, canoeing/kayaking, remote control cars and airplanes, model rockets, archery, frisbee ar disc golf. The. LESSEE shall buffer alI activities from adjacent property owners and take sash actions as are necessazy to insure that the public activities do not impede, interfere, or cause adverse impacts to adjacent Property owners. The Parties hereto acknowledge and agree that no fee may be charged to enter or use the Premises and no commercial or any other type of activities from which a pibfit is derived as a result of the public's patronage thereof shall be conducted on the Premises by the LESSOR, the LESSEE, ar any thud party. In addition, no activities shall be permitted which would impact ar degrade the resource or the operation and function of the Premises. No exotic plants shall be planted as part of any landscaping) es~shaIe 1 not be developed or physically altered in any way which may be planted. The Prem Page 2 of 13, Lease Agreement No. 4600001846 other than what is necessary for security, maintenance and infrastructure deemed necessary for the uses allowed under this LEASE of the Premises without the prior written approval of LESSOR, which approval shall be subject to the prior written approval by LESSOR of the location of all such improvements or alterations and their intended uses. 4. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, from and upon the Premises for all purposes necessazy for the full quiet enjoyment by said LESSEE of the rights conveyed herein. Notwithstanding anything contained herein to the contrary, vehicular access from Carlton Road to the Premises via the C-23 south right of way is strictly prohibited. Access to the Premises shall be at designated access points only, subject to the prior written approval of LESSOR. S. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the Premises or any use thereof not in conformance with this LEASE. b. SECURITY OF PREMISES: LESSEE shall be responsible for the security and law enforcement associated with the Premises. 7. NOTIFICATION OF PROJECT INTENT: The LESSEE shall make every reasonable attempt to notify the public of the original intent and purchase of the lands for future restoration and water resource protection. The LESSEE shall also notify in writing any organized user groups, clubs, associations, etc. who utilize the Premises for recreation that the allowed uses on the Premises are only temporary until restoration construction begins and that during the interim lease term the LESSEE will be working towards identifying another property for the allowed activities. Further, the LESSEE shall post clearly visible signage on the Premises describing the intended project restoration goals and that the uses allowed under this LEASE are temporary. All signage posted on the Premises pursuant to this paragraph 7 shall be subject to the prior written consent of LESSOR. g, RIGHT OF INSPECTION; INGRESS AND EGRESS: Aright of entry is hereby reserved by LESSOR for itself and its officers, agents, employees, contractors, subcontractors, and assigns, as well as the U.S. Army Corps of Engineers and its officers, agents, employees, contractors, subcontractors and assigns to enter upon and travel through and across the Premises at any and all times for the purposes of: inspections, maintenance, and for any lawful purpose including, but not limited to, inspecting the Premises to ensure the LE5SEE's performance of its obligations under this LEASE; sampling and monitoring the LESSEE'S use of chemicals and pesticides on the Premises; performing any work or repairs which the LESSOR may determine is necessary by reason of the LESSEE'S default under the teivzs of this LEASE; exhibiting the Premises for lease, sale or mortgage financing; conducting inspections, investigations, soil borings, surface and groundwater sampling, monitoring and any other testing, sampling, or other investigation necessary to support the engineering design and/or any other analyses associated with the future use of the Premises. LESSOR and its officers, agents, employees, conriactois, subcontractors, assigns and invitees and U.S. Army Corps of Engineers and its officers, agents, employees, contractors, subcontractors, assigns and invitees and shall make their best efforts not to disturb LESSEE'S facilities on the Premises. LESSOR aclaiowiedges its liability for torts and repair of damage to the Premises or LESSEE'S personal property resulting from such inspections Page 3 of 13, Lease Agreement No. 4600001846 or other entry onto Premises by LESSOR and its employees, agents, contractors and invitees to the extent provided and allowed under Section 768.28, Florida Statutes. Nothing contained herein shall constitute a waiver of sovereign immunity beyond the limits stated in Section 768.28, Florida Statutes 9 LIAgII,ITy/>I~ISURANCE: The LESSOR shall have no liability for personal injury, bodily injury and property damage attributable to the negligent or willful acts or omissions of the LESSEE and its officers, employees, servants, contractors, subcontractors, invitees, representatives and agents. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the LESSEE acknowledges to be self-insured for General Liability and Automobile Liability under Florida's sovereign immunity statute with monetary waiver limits of $100,000 Per Person and $200,004 Per Occurrence; or such limits that may change and be set forth by the legislature. The LESSEE acknowledges to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Chapter 440, Florida Statutes. When requested, the LESSEE agrees to pibvide a Certificate of Insurance evidencing self-insurance and/or sovereign immunity status, which the LESSOR agrees to recognize as acceptable for the above mentioned coverages. The. LESS ~ ' and the LESSOR further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the Laws of the State of Florida or any political subdivision thereof, (2} the consent of the State of Florida, the LESSEE, or their agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida or its agents and agencies or any political subdivision thereof beyond the waiver provided in Section 768.28, Florida Statutes. In the event. the LESSEE contracts any part or all of the work hereunder to any third party, the LESSEE shall require each and every contractor and subcontractor to identify the LESSOR as an additional insured on all insurance policies as required by the LESSEE. Any contract awarded by the LESSEE for work under this LEASE shall include a provision whereby the LESSEE's contractor and subcontractor agree to defend, indemnify, and pay on behalf, save and hold the LESSOR harmless from all damages or injuries arising in connection with the performance of LESSEE'S contract or subcontract or from the activities of the contractor and subcontractor and their officers, employees, servants, subcontractors, invitees, representatives and agents either on or adjacent to the Premises. 10. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this LEASE in no way affects any of the Patties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state owned lands is prohibited unless prior authorization has been obtained fibm the Department of State, Division of Historical Resources. Subject to the limitations set forth in Section 267.135, Florida Statutes, concerning the release of public records identifying the location of historic sites, LESSOR shall provide to LESSEE copies of any records of cultural or historical documents pertaining to the site which the LESSOR has available at the time of execution of this LEASE. 11. EASEMENTS: All easements including, but not limited to, utility easements aze expressly prohibited without the prior written approval of LESSOR. Any easements executed Page 4 of 13, Lease Agreement No. 4600001846 after the date of this LEASE, which are not approved in writing by LESSOR, shall be void and without legal effect. 12. SURRENDER OF PREMISES: Upon termination or expiration of this LEASE, LESSEE shall surrender the Premises to LESSOR. In the event no further use of the Premises or any pact thereof is needed, written notification shall be made to the Land Stewardship Division, SFWMD, P.O. Box 24680 West Palm Beach, FL 33461, at least six (6) months prior to the release of all or any part of the Premises. Notification shall include a legal description, this LEASE number and an explanation of the release. The release shall only be valid if approved by LESSOR through execution of a release of lease instrument with the same formality as this LEASE. Upon release of all or any part of the Premises from this LEASE or upon expiration or termination of this LEASE, all permanent improvements, including both physical structures and modifications to the Premises, shat! be removed by LESSEE at its sole cost and expense. Prior to surrender of all or any part of the Premises, a representative of LESSOR shall perform an on site inspection and the keys to any buildings on the Premises shall be turned over to LESSOR.. If the Premises and improvements located thereon do not meet all conditions set forth in paragraphs 12 and 15 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 13. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities to the Premises and for having all utilities turned off when the Premises aze surrendered. No utilities shall be placed within any South Florida Water Management District canal tights of way located on the Premises unless there is no viable alternative location, in which ease LESSEE may apply for the necessary permits to allow the utility to be located within the right of way. Notwithstanding anything contained herein to the contrary, however, LESSOR does not guarantee such permits will be issued. 14. ASSIGNMENT: This LEASE shall not be assigned in whole or in part without the prior written consent of LESSOR. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. 15. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All structures, improvements, and signs shall be constructed at the expense of LESSEE. No improvements shall be constructed or installed within any South Florida Water Management District canal rights of way located within the Premises, unless specifically authorized by LESSOR as otherwise provided in this LEASE. All structures, equipment, improvements, and signage shall be removed from the Premises by LESSEE at its sole cost and expense upon the expiration or earlier termination of this LEASE. 16. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the Premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, keeping the Premises free of trash or litter, maintaining all planned improvements, meeting all building and safety codes in the location situated and maintaining any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be at the date of this LEASE; provided, however, Page 5 of 13, Lease Agreement No. 4600001846 that all removal, closure, etc., of the above improvements shall be acceptable when the proposed activity is consistent with the goals of conservation, protection, and enhancement of the natural and historical resources within the Premises. 17. ENTIRE UNDERSTANDING: This LEASE sets forth the entire understanding between the Parties and shall only be amended with the prior written appibval of LESSOR and LESSEE. 18. TERMINATION: If either party fails to fulfill its obligations under this LEASE in a timely and proper manner, the other party shall have the right to terminate this LEASE by giving written notice of any deficiency. The party in default shall then have thirty (30) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non-defaulting party shall have the option to terminate this LEASE at the expiration of the thirty (30) day time period. Notwithstanding the foregoing, if the default can not reasonably be cured within such thirty day period and the defaulting party commences to cure such default within such thirty day period and thereafter diligently pursues such cure to completion and completes such cure within ninety (90) days from receipt of notice to correct the deficiency, the non-defaulting party shall not be entitled to terminate this LEASE. Either party may terminate this LEASE with or without cause at any time for convenience upon one hundred eighty (180) calendar days prior written notice to the other party. The performance of work under this LEASE may be terminated by either party in accordance with this clause in whole, or from time to time in part, whenever a party shall determine that such termination is in the best interest of said patty. Any such termination shall be effected by delivery to the other party of a Notice of Termination specifying the extent to which performance of work under the LEASE is terminated, and the date upon which such termination becomes effective. In the event a dispute arises which the project managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation ptbcess shall be confidential to the extent permitted by law. 19. The LESSEE shall maintain records and the LESSOR shall have inspection and audit rights as follows: a, Maintenance of Records: The LESS ~ ~ shall maintain all financial and non- ' financial records and reports directly or indirectly related to file negotiation or performance of this LEASE including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available far inspection for a period of five years from the expiration or earlier termination of this LEASE. b. Examination of Records: The LESSOR or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this LEASE. Such examination may be made only within five years from the date of expiration ar earlier termination of this LEASE and upon reasonable notice, time and place. Page 6 of 13, Lease Agreement No. 4600001846 c. Extended Availability of Records for Legal Disputes: In the event that the LESSOR should become involved in a legal dispute with a third parry arising finm performance under this LEASE, the LESSEE shall extend the period of maintenance for all records relating to the LEASE until the final disposition of the legal dispute, and all such records shall be made readily available to the LESSOR. 20. NO WAIVER OF BREACH: The failure of any party to this LEASE to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this LEASE shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver of any party of any one of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by all Parties. 21. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the Premises is held by LESSOR. LESSEE shall not do or permit anything which purports to create a lien or encumbrance of any nature against the real property contained in the Premises including, but not limited to, mortgages or construction liens against the Premises or against any interest of LESSOR therein. 22. DAMAGE TO THE PREMISES: {a} LESSEE shall not do, or suffer to be done, in, on or upon the Premises or as affecting said Premises, any act which may result in damage or depreciation of value of the Premises or any part thereof. {b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the Premises in any manner not permitted by law. For the purposes of this LEASE, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 37b and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. In the event of LESSEE'S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration an monitoring of (1) the Premises, and (2) all off-site ground and surface waters and lands affected by LESSEE'S such failure to comply, as may be necessary to bring the Premises and affected off-site waters and lands into full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. LESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this LEASE. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any Page 7 of 13, Lease Agreement No. 4600001846 contamination caused directly by LESSEE's activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release or discharge of any contaminant, LESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reporting periods of the applicable goverumental agencies. 23. PAYMENT OF TAXES AND ASSESSMENTS: LESS ~ < shall assume full responsibility for and shall pay all liabilities that accrue to the LEASE or to the improvements thereon, including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the Premises, if applicable as a result of LESSEE actions. 24. NON-DISCRIMINATION: No party shall hereto discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the Premises or upon lands adjacent to and used as an adjunct of the Premises. 25. COMPLIANCE WITH LAWS: The Parties agree that this LEASE is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision ar agency of either. 26. TIME: Time is expressly declared to be of the essence of this LEASE. 27. GOVERNING LAVJ: The laws of the State of Florida shall govern all aspects of this LEASL~. In the event it is necessary for either party to initiate legal action regarding this LEASE, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 28. SECTION CAPTIONS: Articles, subsections and other captions contained in this LEASE are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this LEASE or any provisions thereof. 29. PROJECT MANAGEMENT/NOTICE: The Parties shall direct all technical matters arising in connection with the performance of this LEASE, other than invoices and notices, to the attention of the respective Project Managers specified below for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. The LESSEE shall direct all administrative matters, including invoices and notices, to the attention of the LESSOR'S Contract Specialist specified below. All formal notices between the Parties under this LEASE shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified below. The Parties shall also provide a copy of all notices to the other party's Project Manager. All notices required by this LEASE shall be considered delivered upon receipt. Should Page 8 of I3, Lease Agreement No. 4600001846 either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the LESSOR under this LEASE shall reference the LESSOR's Contract Number. LESSEE: Project Manager: Steve Fousek Land Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 LESSOR: Project Manager: Recreation Planning Supervisor Land Stewardship Division Contract Specialist: Pamela Stillwell South Florida Water Management District P. O. Box 24680 West Palm Beach, FL 33416-4680 30. LESSEE'S PROPERTY AT RISK: All of LESSEE's personal property, equipment, and fixtures located upon the Premises shall be at the sole risk of the LESSEE and the LESSOR shall not be liable under any circumstances for any damage thereto or theft thereof unless the damage or theft is due to the negligent acts or negligent omissions of the LESSOR or its employees acting within the scope of their employment and then only to the extent such damage or theft is directly caused by such negligent acts or negligent omissions. Nothing contained herein shall be construed, or is intended to expand the waiver of either party's sovereign immunity as limited by Section 768.28, Florida Statutes, or the liability of either party beyond that currently provided in Section 768.28, Florida Statutes. 31. NO REPRESENTATION OR WARRANTY. THE LESSOR MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDITION OF THE PREMISES AND THE LESSEE ACCEPTS THE PREMISES IN THEIR "AS IS", "WHERE IS" AND "WITH ALL FAULTS" CONDITION. 32. EXISTING INTEREST IN LEASED PREMISES: Pursuant to Section 373.099, Florida Statutes, the LESSOR does not warrant or represent that it has title to the Premises. The LESSEE's occupancy of the Premises shall be subject to the rights of others, including but not limited to existing leases, subleases, easements, restrictions, reservations, and other encumbrances affecting the Premises. 33. MISCELLANEOUS PROVISIONS: a. Invalidity of Lease Provision: Should any term or provision of this LEASE be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any form of competent jurisdiction, such invalidity shall not affect any other term or provision of this LEASE, to the extent that the Page 9 of 13, Lease Agreement No. 4600001846 LEASE shall remain operable, enforceable aad in full force and effect to the extent permitted by law. b, Inconsistencies: In the event any provisions of this LEASE shall conflict, or appear to conflict, the LEASE, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. c. Final Agreement: This LEASE states the entire understanding between the Pasties hereto and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The Parties recognizes that any representations, statements or negotiations made by the other parry's staff do not suffice to legally bind such other party in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized representative of such other party. This LEASE shall bind the Parties, their assigns, and successors in interest. d. Survival: The provisions of paragraphs 21 and 32(e} shall survive the expiration or termination of this LEASE. In addition, any covenants, provisions or conditions set forth in this LEASE which by their terms bind the LESSEE or the LESSOR after the expiration or tertinination of this LEASE, shall survive the expiration or termination of this LEASE. e. Waiver of Trial by Jury Provision: As an inducement to the LESSOR agreeing to enter into this LEASE, the LESSOR and LESSEE hereby waive trial by jury in any action or proceeding brought by one parry against another parry pertaining to any matter whatsoever arising out of or in any way connected with this LEASE or the LESSEE's occupancy of the Premises. f. The LESSEE, its employees, subcontractors and assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this LEASE. The LESSOR undertakes no duty to enswe such compliance, but will attempt to advise the LESSEE, upon request, as to any such laws of which it has present knowledge. g. The LESSEE hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this LEA5E. The LESSEE shall take all measures necessary to effectuate these assurances. h. The LESS < by its execution of this LEASE, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the LESSOR is a convicted vendor or, if the LESS ~ ~ or any affiliate of the LESSEE has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. The LESSEE further understands and accepts that this LEASE shall be either void by the LESSOR or subject to immediate termination by the LESSOR, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Stahrtes. The LESSOR, in the event of such termination, shall not incur any liability to the LESSEE for any work or matefials fiunished. Page 10 of 13, Lease Agreement No. 4600001846 i v The LESSEE shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this LEASE. j. The LESSEE warrants that it has not employed or retained any person, other than a bona fide employee working solely for the LESSEE, to solicit or secure this LEASE. Further the LESSEE warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the LESSEE, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this LEASE. For breach of this provision, the LESSOR may terminate this LEASE without Liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. k. The LESSEE shall allow public access to alI project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the LESSEE assert any exemptions to the requirements of Chapter 119 and related Statutes, the btuden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the LESSEE. 34. RELATIONSHIP BETWEIN THE PARTIES: a. The LESSEE shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this LEASE shall be interpreted to establish any relationship other than that of independent contractor between the Parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this r r•A~. Both parties are free to enter into contracts with other pasties for similar services. b. It is the intent and understanding of the patties that this LEASE is solely for the benefit of the LESSEE and the LESSOR No person or entity other than the LESSEE or the LESSOR shall have any rights or privileges under this .LEASE in any capacity whatsoever, either as third-party beneficiary or otherwise. c. The LESSEE shall not assign, delegate, sublease or otherwise transfer its rights and obligations as set forth in this LEASE without the prior written consent of the LESSOR. Any attempted assignment in violation of this provision shall be void. d. The LESSEE shall not pledge the LESSOR'S credit or make the LESSOR a guarantor of payment or surety for any LEASE, debt, obligation, judgement, lien, or any form of indebtedness. e. The LESSOR assumes no duty with regard to the supervision of the LESSEE and the LESSEE shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and ptbpetty at the Premises. Page 11 of 13, Lease Agreement No. 4600001846 1N WITNESS WHEREOF, the Parties have caused this LEASE to be executed on the day and year first above written. LESSOR SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING ARD B' ~ WITNESSES: Frank Hayden, ibcurein n irector ~ +t~tu~. Date: Signat e A~1~ vo U~.~.~ Prin Witness Name Signature /4 G~-~t.~ e s 12~ d~°S Print Witness Name Office of Counsel Approved: ,~.cg Date: 7-C- ~ y ~pcurement Ap raved: ate:~q STATE OF FLORIDA COUNTY OF ST. LUCIE ,~e~ foregoing instrument wa ackngwled d before me this ~ ~ day of Jv,1 y , 2009, by ~RA h K ~F~y~e a and as Procurement Director of the South Florida Water Management Dist ' on behalf of the ~ r tion, who are personally known to me. Notary Public, State of Florida ROTARY PUSLICSTAT6 OF FLORIDA Marianne Caminiti Commission ~pD753320 Q.. m t n 1 ~ ~ , Exp FEB. 29, 0- C t.a ~ r1 ~ ices: 2012 ~~"~••••~RU BfI.A1~[i'ICBO:IDIKGCQ,AC. Print/Type Notary Name gO~Eo Commission Number: 33 ~D Commission Expires: ~t a 5 ~ Page 12 of 13, Lease Agreement No. 4500001846 LESSEL~ ATTEST: BOARD OF COUNTY COMNIISSIONERS ST. LUCID COUNTY, FLORIDA BY: eputy er au a A. ewes, ~ DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: . County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2009, by and as of the BOARD OF COUNTY CONIlVIISSIONERS, ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, on behalf thereof, who are personally known to me. Notary Public, State of Florida PrintfType Notary Name Commission Number: Commission Expires: Page 13 of 13, Lease Agreementl~Io. 4600001846 EXHIBIT "A" ~ ~ . is ' "y t~`~r a~~ ~i r ~ 1~ , i xr;q~T' > d XI ~~jj Y ;ii3~i~r x.= i s. }~~?i' ~ h ~ ~efy~'r ~ }s T s s~ ;e~~s4 fiR . wv aa~ i ~':re, - `3, ~i 4~ ; r; r -fO00Y9y-. s s,~r v .,~,~m a. r a ~ t~ ~ ~ ~ 0~ - _ ~,may ~ t 1 a. ICFf - L/ _ _ _ _ _ _ X"~ ~ i~ ~ y V - ~~++jj) - ' - bJ t 5:1.._... ~ ~ e~ t S ? ~ ~ ~ r* • ?aYGCxtIT E' { ' { r ~ Lance - Ece 1"ek ®4sc~t I,aa~ 0 o.a a.e ~K ~ ~ a ~ motes tea CD sum ~ ~ u~~ooN- scw~+ c-ter a zs - sow RVO~ rr.~.rwrr..r~....~~a ~AfM[Il-L~id~ CCt71fiy~ Xi~.NiNAy~ .."'"w~`w°w..°i+~ ~w.....,r.. TiI~S 36 & 37 SOUtti \ . ~".`o ~"'::'.:.'"o":~...."'~"' Rages 37 838 East . aww+w ^~"~°~°aw~ LEGAL DESCRIPTIOl~ OF THE PREMISES ~ i i • F~blblt "A° ~ Tract Nlo. ti~lOU•020 All of Section 14, To?vn+hlp 36 Soutb, Range 38 Bast, St Luck County, Florida, LESS AND P.XCEPT a perpetual exclusive easewent in favor ofCeatel end Southern Florida Flood Control Dixtric! (now South Florida Wales MangBerttertt DistdeQ as wokpertieuiarly desetitxd In Decd ttook 25~, Page 304,1't~11e Records of SG Lurie Gotatty, Florida CexrtaininS 616.22 aaea. wnte or ksa, pet St LucietaouatY Ttuc Ro11s. 06 I~OK 1974 PAt~ 7Z8 C-TJ`~1 aaa~t ftetemltsY.kAr+6ur Farns ORb X97, Pt: 212 FW fe: 32 t91 t 100020aab R:1tepls~C•3t Nxa+ttq-020.1¢ Sel+tewi.er 12, 2002 IXHIBIT A sc ~~~t~ cg~~,ry Esc LEASE AREA ~ s~r~~~ { ~ ~ ~ ~ CL ~ c~v ~ ~ t~ r a~ - ~ ~ ~ke~~h °~?ee~R~- -a 3 _ ~ i " ~ ! ~ ~ ~ CCi a. { E; ~ ~ ~ ~~l = ~~E ~ ~ ~ j ~ Leased ~ A ~ ~ i ~ E Area U i E Germany!~~Canal Rd ~ ; ~ Tract F1 ~ ~ ~ ~KE~oao7oy t ~ : ~ ~ _ i i g ~ i i r. ~ t f t G : 5 .5 1 ~2 ` i ' 14t~~8 Exhibit "B" . ~oRr sr ~ `G~,~ CITY OF PORT ST. LUCIE F~oRw~` "A C[TY FOR ALL AGES" July 15, 2009 Ms. Faye Outlaw County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Sundancers Aero Squadron Relocation Proposal Dear Ms. Outlaw: This letter serves to advise you that, at its meeting ° ate the Sundancers Aero Sq aCdoonc unanimously approved St. Lucie County s Proposal to reloc outlined in Ms. Lowery's letter of June 17, 2009. lease be advised that though the City greatly appreciates the County's offer to Additionally, p Canal Site for recreational purposes, it has no interest in utilize other portions of the Germany doing so at this time. The City greatly values the County's cooperation and collaboration on this matter. If you have any questions or I can be of assistance, please do not hesitate to contact me. Thank you. Ve truly urs, deg ry . Oravec Assistant City Manager Attachments: Assistant County Administrator Letter of June 17, 2009 from Lee Ann Lower 'of July 13, 2009 City Council Regular Meeting Action Ag c: Mayor & City Council - . St. Lucie County Board of County Commissioners ~;_s-,,r,,.,;>~ s oar _.:.c1.-~~ Donald B. Cooper, City Manager Jerry A. Bentrott, Assistant City Manager j `i ~ ~ ~ Roger G. Orr, City Attorney a parks & Recreation Director J ~ ~ f ChuckProulx, CPRP, , . , , Lee Ann Lowery, Assistant County Administrator Dr. Ken Bridges, Sundancers Aero Squadron 121 S.W. Port St. Lucie Boulevard • Port St. Lucie, FL 34984-5099 •772/871-5225 i CITY COUNCIL REGULAR MEETING ACTION AGENDA JULY 13, 2009 c) RESOLUTION 09-R96, AUTHORIZING THE CITY MANAGER AND HIS STAFF TO ENTER INTO A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE ACTION: Motion passed unanimously to approve Resolution 09-R96. d) RESOLUTION 09-R95, AUTHORIZING THE CITY MANAGER AND HIS STAFF TO ENTER INTO A LOCAL AGENCY PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE ACTION: Motion passed unanimously to approve Resolution 09-R95. 12. UNFINISHED BUSINESS There was nothing scheduled for this item. 13. NEW BUSINESS a) DISCUSSION CONCERNING MELVIN BUSH'S SIDEWALK CONSTRUCTION PROPOSAL, CITY MANAGER ACTION: Motion passed to approve Item 13 a) with the City Manager's recommendation to not go further than $250,000 at a time, with Councilman Cooper, Vice Mayor Kelly, Councilwoman Berger, and Mayor Christensen voting in favor, and Councilwoman Bartz voting against. b) DISCUSSION CONCERNING SUNDANCER.S AFRO SQUADRON RELOCATION PROPOSAL, ASSISTANT CITY MANAGER ORAVEC ACTION: Motion passed unanimously to approve Item 13 b), sending a letter of support to the Board of County Commissioners. c) DISCUSSION CONCERNING PROPOSED CODE CHANGES FOR SUBDIVISION AND LOT ACCESS, LEGAL DEPARTMENT OTHER: The City Manager asked that the Council provide staff with their comments in regard to the proposed changes in the Code. ACTION: Motion passed unanimously to table Item 13 c). d) DISCUSSION CONCERNING REQUEST FROM GRACE BAPTIST CHURCH TO USE THE CIVIC CENTER OUTSIDE AREA, STAGE, TABLES AND CHAIRS AT NO COST FOR A HEALTH AND JOB FAIR, MAYOR CHRISTENSEN ACTION: Motion passed unanimously to deny Item 13 d). e) PROPOSED CONTRACT FOR SALE AND PURCHASE, LOT 7, BLOCK 4, ST. LUCIE GARDENS PLAT #l, LOCATED ON VETERAN`S MEMORIAL PARKWAY 6 t . , _a_f.: COUNTY r30ARD OF 1NISTRATOR COUNTY • ADM • ~ COMMISSIONERS - - _ _ FAYE W. OUTLAW, MPA June 17, 2009 4;'i I~w~ ~.~j!°~;'' ~ ~ F, E~ , fE ~ EI i4 FI JUN 2 2 2009 s'~'~ Mr. Gregory J. Oravec Assistant City Manager ~ e i ''t ~ ~ ~ ~ ~r ~ i`~ City of Port St. Lucie 121 S.W. Port St. Lucie Blvd. Port St. Lucie, FL 34984-5099 RE: Sun Dancers RC Airplane Club Relocation Dear Mr. Or ec: V as The Sun Dancers Radio Control Club currently utilizes two fields in Port St. Lucie flying sites: Midway. field and Blackwell field. The Blackwell site is utilized by a few float model remote-controlled planes; the site is unsuitable for other uses. In August 2008, representatives of the club approached St. Lucie County about the possibility of utilizing County-owned property for a flying site, indicating the City of Port St. Lucie (PSL) was very interested in relocating them from their current flying sites due to noise complaints. A thorough search of County-owned properties did not feth ~ tisanes which met the rigorous criteria required by the club for safe flying and/or which were compatible with their flying activities. However, after a lengthy and detailed search, the County's Environmental Lands Manager, Steve Fousek, identified a potential sd be leased byhthe County and ~ nea Management District (SFWMD). The site coul portion of the property subleased to the Sun, Dancers club for a flying site. This site was acceptable to the Sun Dancers and can accommodate their flying requirements. The proposed site is located at Germany Canal Reds ~Ctl~in thRfutdur(e footprint of the attached for your information. The 616 acre si Comprehensive Everglades Restoration Program's C-23/C-24 reservoir ed to rovide would be a temporary location for the club. That said, the SFWMD has agr p the County aten-year lease at no cost, with subsequent one-year extensions. The County is willing to provide the Sun Dancers 80 acres at this site with terms that The estimated cost of required reflect the SFWMD's requirements for the County. improvements to utilize this site (access, fencing, St Lucie County Parkssimpact fees~e County is able to fund these improvements through CHRIS DZADOVSKY, District No. 1 DOUG COWARD, DisiricCoounty AdmnisrrotorEVFoye WriOutow, M AHARLFS GRANDE, District No. 4 CHRIS CRAFT, District No. 5 2300 Virginia Avenue Fort Pierce, FL 34948-5 e5n2a~1. o °~awf@srlucieco.o g TDD (772) 462-1428 FAX (772) 462-16 web site: www.stlucieco.org ~ Page 2 June 17, 2009 Sun Dancers RC Airplane Club Relocation from Zone B (within PSL city limits). Please note that, although the proposed site is not located within PSL, the City will benefit from ~Indadditionerithe f Sun Dancers accomplishing the desired relocation of the club representatives have indicated that 90% of their members are from Port St. Lucie. The County could also make a portion of the site available to PSL for other recreational purposes if desired. For their part, the club has agreed to fund the installation and maintenance of all club- related infrastructure and amenities at a cost of approximately $30,000, including land ' clearing, leveling and seeding, insurance, and portable toilets. The County is requesting the City review the above information and provide the County with an endorsement of this proposal, particularly as it relates to the utilization of Zone. B - Pazk impact fees as well as any interest PSL may have in utilizing a portion of the property. If you have any questions or need clarification of the information provided, please call me at 462-1452 or email me at loweryl@stlucieco.org. Sincerely, ' Lee Ann Lowery Assistant County Administrator 09-008 C: Board of County Commissioners Faye W. Outlaw, MPA, County Administrator Karen Smith, ERD Director Dr. Ken Bridges, Sun Dancers RC Club Dan Cotter, SFWNID, Lead Scientist, Land Stewardship ~ ~ ~ ~ ~ ~ ' ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - w ~ ~ ~ ~ w ~ ~ ~ ~ ~ - ~ ~ ¦ r ~ ~ ~ ~ ~ .t i~ S - i i. 4 ITEM NO. VI-I S~, _ , f DATE: 9/22/2009 • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Susan B. Kilmer SUBMITTED BY: Library Library Director SUBJECT: Sirsi/Dynix annual Software Maintenance contract renewal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7110-534110-700 Software Support (pending BOCC approval) PREVIOUS ACTION: The Board of County Commissioners has approved the renewal of this Software Maintenance contract annually since 1992. RECOMMENDATION: Board approval of Sirsi/Dynix software maintenance contract in the amount of $30,307.28. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~1 ' Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures bounty Attorney ( ) OMB Director ( ) / , /y Budget Analyst ~ 11~`J / ' Dan McIntyre Marie Gouin Patti Marston-Duva Originating Dept. ( ) ,u~~ ~ . IR ( ) ~ • Susan B. Kilmer ~ Dennis We J - _ • MEMORANDUM ST. LUCIE COUNTY LIBRARY TO: Board of County Commissioners FROM: Susan Kilmer, Library Director ~P,~iC DATE: September 22, 2009 SUBJECT: Sirsi/Dynix annual Software Maintenance Contract renewal ITEM NO. VI-I Background• The software maintenance is essential to the continuing function and upgrade of the Library's online system (see attached schedule). The software maintenance agreement has been in place since the purchase of the software in 1991. Staff forward system problems to Sirsi/Dynix helpdesk by email; problems are corrected in a timely manner. The Helpdesk staff is just a phone call away for system emergencies or advice on how to generate new reports and configure new system parameters, as they are needed. Sirsi/Dynix software maintenance also provides for the periodic upgrading of the online system to the most recent releases with interim fixes as needed. The alternative to the yearly maintenance agreement is to pay Sirsi/Dynix technicians a high hourly rate for each request; upgrades would have to be purchased individually with additional charges for the Sirsi/Dynix technician to implement the update. Sirsi/Dynix is a proprietary vendor for this software maintenance contract. As with any online system product, access to the software and its inner workings is reserved to the vendor and not shared with the customer. Library and Information Technology staff cannot edit or alter the software. Information Technology staff rely heavily on the help of the Sirsi/Dynix technicians to correct any system problems and assess the compatibility of proposed system component upgrades. Recommendation: Board approval of Sirsi/Dynix software contract renewal in the amount of $30,307.28 w GENERAL TERMS AND CONDITIONS OF OFFER RENEWAL PROCEDURES To renew these maintenance services in accordance with SirsiDynix's Support Agreements, sign and fax the Renewal Acceptance Form with a copy of the quotation and a purchase order (if required) to 801-223-5242. You may also mail a copy with a check to: SirsiDynix at #774271, 4271 Solutions Center, Chicago, IL 60677-4002, or mail renewal to: SirsiDynix at 400 W Dynix Drive, Provo, UT 84604. All renewals must be received by SIRSIDYNIX, before the renewal date, to prevent an interruption of service. In the event that administrative problems are experienced and a purchase order cannot be processed before the renewal date, SirsiDynix will accept a written notice of intention to renew and extend the maintenance services for 30 days beyond the renewal date. Please sign Renewal Acceptance Form and Notice of Intent to Renew. EXPIRATION POLICY Upon expiration of this maintenance agreement, SirsiDynix's policy is to withhold telephone support, upgrades and any enhancements until a valid purchase order or check is received for all maintenance fees. REINSTATEMENT POLICY If a site is placed on Maintenance Hold, it is SirsiDynix's policy to charge a reinstatement fee for each calendar month or portion thereof while the maintenance is suspended. MAINTENANCE QUOTE MODIFICATION POLICY In accordance with the terms of the original contract, a thirty (30) days prior written notice is required if you choose to cancel all or part of this maintenance agreement. Any additions or deletions to this quote must be received by SirsiDynix in writing not less than thirty (30) days prior to the renewal date. Question or concerns pertaining to this quote should be directed to the Maintenance Coordinator. PRICING AND PAYMENT POLICY Pricing is based on payment made annually in advance and contains a discount if purchase order or payment is received before the renewal date. Maintenance Fees paid quarterly in arrears must include an additional fee of 15% for monthly an additional 20% fee. Renewal Acceptance Form By signing below, I accept the terms and conditions of the SirsiDynix Maintenance Agreements and wish to renew this quotation as written. I am hereby authorizing SirsiDynix to issue an invoice per attached quotation. Contract/Quote # Customer Purchase Order # Signature: Phone # Date: Print Name: Notice of Intent to Renew Please accept this as my Intention to Renew and extend maintenance services 30 days beyond expiration date. Purchase order will be process within Days. Signature: Date: Print or type Name: Title: r~ t ,~a, Sales Proposal QMNT00005173 1/29/2009 400 West Dynix Drive Provo, UT 84604 Bill To: Ship To: St. Lucie County Library System St. Lucie County Library System Dr. Edward K. Werner Attn: Stephen Barber 101 Melody Lane Information Technology Dept. Fort Pierce FL 34950-4402 Fort Pierce FL 34982 Purchase Order No. Customer ID Quote Pre aced b Pa ment Terms Re Shi Date Master No. MAINTENANCE 772-462-1615 NLT Net 30 0/0/0000 61,502 Quant Item Number Descri tlon UOM Discount Unit Price Ext Price 30-95001-000 Annual Unicorn Software Maintenance each $0.00 $30,307.28 $30,307.28 Effective Period: August 1, 2009 -July 31, 2010 o i $30 307.28 For questions or comments please contact beckie $0.00 Clark at the following information ~ T $0.00 Rebekah.ClarkCa) s irsidynix. corn. 801-223-5806 Fr ' $0.00 Tr Di c n $0.00 $30 307.28 SCHEDULE/EXHIBIT "A" St. Lucie County Library System item Number Item Description Serial Number pty Coverage Effective Dates EOL Date Price From To M-1924 9XX Order Interface (Acq.) 1 8!1/2009 - 7/31/2010 507.98 M-1947 Acquisition Control 1 8/1/2009 - 7/31/2010 2,353.95 M-1997 Authority Control 1 8/1/2009 - 7/31/2010 1,145.43 M-2019 Bibliographic 8 Inv. Control 1 8/1!2009 - 7/31/2010 4,925.92 M-2047 Circulation Control 1 8/1/2009 - 7/31/2010 2,353.45 M-2066 Collection Agency Interface(per institutior 1 8/1/2009 - 7/31/2010 410.59 M-2102 Electronic Mail 1 8/1/2009 - 7/31/2010 201.42 M-2106 Enhanced Public Access 1 8/1/2009 - 7/31/2010 1,188.60 M-2209 iLINKResearchPortal-111 1 8/1/2009 - 7/31/2010 2,547.62 M-2231 Information Gateway 1 8/1/2009 - 7/31/2010 1,189.70 M-2272 MARC ImporUExport Utilities 1 8/1/2009 - 7/31/2010 0.00 M-2355 Reference Librarian-III 1 8/1/2009 - 7/31/2010 718.25 M-2373 Request Module 1 8/1/2009 - 7/31/2010 598.72 M-2414 SIP2 Interface for Cert.Vendor 1 8/1/2009 - 7/31/2010 2,532.76 M-2651 WebCat WWW Catalog 1 8/1!2009 - 7/31/2010 4,809.72 M-2665 WorkFlows Staff Clients 67 8/1/2009 - 7/31/2010 4,819.98 Annual Unicorn Software Maintenance 30,304.09 Page 1 ITEM NO. VI-J1 ~ DATE: 9/22/09 • . ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Sara E. Agrait Sm*~. SUBMITTED BY: Grants/Disaster Recovery Department Grant Resource Developer SUBJECT: Florida Division of Emergency Management Citizen Emergency Response Team Program -Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: State and Local Assistance Program (County Portion) Account # 001-2510-581000-29501 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit a grant application to the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program requesting funds of $15,000 to continue the St. Lucie County CERT Program. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Dan McIntyre Marie Gouin Budget Analyst ( ) ~n T onn Johnson Originating Dept. ( ) Public Safety ( 7~L~ Director illiam Hoeffner Jack Southard Grants/Disaster Recovery ~ Department i • • ~ MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director FROM: Sara E. Agrait, Grant Resource Developer DATE: September 22, 2009 SUBJECT: Florida Division of Emergency Management Citizen Emergency Response Team Program -Grant Application ITEM NO. VI-J1 Background: This agenda item is a request for the Board's authorization to submit a grant application to the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program. The funding request of $15,000 is for the continuation of the St. Lucie County CERT program. The St. Lucie County CERT program will continue its fourth year of operation as a collaborative effort between Indian River State College (IRSC), St. Lucie County and the St Lucie County Fire District. The proposed program will provide public safety training to 80 new emergency volunteers to deliver critical support to first responders, offer immediate assistance to victims and assist on non- emergency projects that help improve the safety of the community. In addition, a refresher advance course will be offered to 150 CERT members. Refresher training expands on the training received at the original class and keeps the volunteers interested in refining their skills. Although a local match contribution is optional, the grant application is more competitive by including a local match. St. Lucie County Public Safety Department is including a cash contribution of $6,000 from the State and Local Assistance Program (County Portion) Account # 001-2510-581000-29501. The St. Lucie County Fire District will also provide a cash contribution of $6,000. IRSC will additionally provide an in-kind contribution of $27,000 consisting of staff time, training activities, use of facilities and equipment. Grants and Disaster Recovery Department will manage the project reporting activities. Recommendation Board approval to submit a grant application to the Florida Division of Emergency Management Citizen Emergency Response Team Program (CERT) requesting funds of $15,000 to continue the St. Lucie County CERT Program. ~ ITEM NO. VI-J2 , ` ~ DATE: 9/22/09 i • ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Sara E. Agrait S~ SUBMITTED BY: Grants/Disaster Recovery Department Grant Resource Developer SUBJECT: Florida Division of Emergency Management Citizen Corps Program -Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Matching funds are not required. PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit a grant application to the Florida Division of Emergency Management Citizen Corps Program requesting funds of $15,000 to continue the St. Lucie County Citizen Corps Council. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Siunatures County Attorney ( ) OMB Director ( ) Dan McIntyre Marie Gouin Budget Analyst ( ) Pat ~cia Marston Originating Dept. ( ) it i m Hoeffner _ Grants/Disaster Recovery ~ ~ - - ' Department • • ~ • MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director~~~,~ FROM: Sara E. Agrait, Grant Resource Developer j~- DATE: September 22, 2009 SUBJECT: Florida Division of Emergency Management (FDEM)'s FY 2009 Citizen Corps Program - Grant Application ITEM NO. VI-J2 Background: This agenda item is a request for the Board's authorization to submit a grant application to the Florida Division of Emergency Management (FDEM)'s FY 2009 Citizen Corps Program. The funding request of $15,000 is for the continuation of the St. Lucie County Citizen Corps Council. This grant opportunity does not require matching funds. The proposed Council will continue to operate for a second year through a collaborative effort between St. Lucie County, the St Lucie County Fire District, and Indian River State College (IRSC). St. Lucie County Public Safety will manage the grant activities with direct support from IRSC. The proposed Council will bring together community leaders and public safety agencies in St. Lucie County to encourage citizen participation in all-hazards emergency preparedness, disaster relief and community safety. The Council will coordinate promotion and volunteer recruitment efforts for the local Citizen Corps Partner Programs, which support first responders through the use of trained volunteers. The following partner programs are already operating in the County (see attached descriptions): • Community Emergency Response Team (CERT) • Medical Reserve Corps (MCR) • USAonWatch -Neighborhood Watch Groups • Volunteers In Police Service (NIPS) Recommendation Board authorization to submit a grant application to the Florida Division of Emergency Management (FDEM)'s FY 2009 Citizen Corps Program, requesting funds of $15,000 to continue the St. Lucie County Citizen Corps Council. Citizen Corps Programs & Partners The Citizen Corps Partner Programs listed below give citizens the opportunity to get involved. Citizen Corps' five federally sponsored partner programs help build capacity for first responders through the use of volunteers. Additionally, the Citizen Corps Affiliate Program expands the resources and materials available to states and local communities by partnering with Programs and Organizations that offer resources for public education, outreach, and training; represent volunteers interested in helping to make their community safer; or offer volunteer service opportunities to support first responders, disaster relief activities, and community safety efforts. f The Community Emergency Response Team (CERT) Program educates people about disaster preparedness and trains them in basic disaster response skills, such as fire safety, light search and rescue, and disaster medical operations. Using their training, CERT members can assist others in their neighborhood or workplace following an event and can take a more active role in preparing their community. The program is administered by DHS. t3 ~ R S The Fire Corns promotes the use of citizen advocates to enhance the capacity of resource- constrained fire and rescue departments at all levels: volunteer, combination, and career. Citizen advocates can assist local fire departments in a range of activities including fire safety outreach, youth programs, and administrative suppart. Fire Corps provides resources to assist fire and rescue departments in creating opportunities for citizen advocates and promotes citizen participation. Fire Corps is funded through DHS and is managed and implemented through a partnership between the National Volunteer Fire Council, the International Association of Fire Fighters, and the International Association of Fire Chiefs. j 3 ' ! ) 1 USAonWatch ~IJOW~Neighborhood Watch works to provide information, training and resources to citizens and law enforcement agencies throughout the country. In the aftermath of September 11, 2001, Neighborhood Watch programs have expanded beyond their traditional crime prevention role to help neighborhoods focus on disaster preparedness, emergency response and terrorism awareness. USAonWatch-Neighborhood Watch is administered by the National Sheriffs' Association in partnership with the Bureau of Justice Assistance, U.S. Department of Justice. m~li~GCt{ reserve caorps The Medical Reserve Corp~MRC) Program strengthens communities by helping medical, public health and other volunteers offer their expertise throughout the year as well as during local emergencies and other times of community need. MRC volunteers work in coordination with existing local emergency response programs and also supplement existing community public health initiatives, such as outreach and prevention, immunization programs, blood drives, case management, care planning, and other efforts. The MRC program is administered by HHS. wn~wureecs ~ Po3ce se? Volunteers in Police Service (VIPSI works to enhance the capacity of state and local law enforcement to utilize volunteers. VIPS serves as a gateway to resources and information for and about law enforcement volunteer programs. Funded by DOJ, VIPS is managed and implemented by the International Association of Chiefs of Police. Citizen Corps is coordinated nationally by the Department of Homeland Security. DHS also works closely with the Corporation for National and Community Service (CNCSI to promote volunteer service activities that support homeland security and community safety. CNCS is a federal agency that operates nationwide service programs such as AmeriCorps, Senior Corps, and Learn and Serve America. Participants in these programs may support Citizen Corps Council activities by helping to establish training and information delivery systems for neighborhoods, schools, and businesses, and by helping with family preparedness and crime prevention initiatives in a community or across a region. Securing our safety and freedom requires that we all work together. Every American has a critical role to play. ITEM NO. VIII - ~ DATE: 09/22/09 ~ AGENDA REQUEST REGULAR (x ) __-4~_,._ _ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Lee Ann Lowe SUBMITTED BY: Administration Assistant Count Administrator SUBJECT: Arts 8~ Cultural Alliance of St. Lucie, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1110-582000-79504 License Plate Program 001-7310-53XXX)CX-700 Various Cultural Affairs Administration accounts Fund 616 Cultural Affairs Council PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of funding in the amount of $55,000 to the Arts & Cultural Alliance of St. Lucie, Inc. (ACA) and authorization for the Chair to sign a contract with the ACA for the selection of a consultant through a competitive process to conduct a community-wide survey on arts and culture in St. Lucie County and the preparation of a strategic plan for the ACA based on the survey results as outlined in the agenda memorandum. Board approval of Resolution No. 09-282 rescinding prior resolutions and designating the ACA as the local arts agency for St. Lucie County. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) ~ ~,,Il Budget Analyst '~I~+~ / Jennifer Hill ~U~~Q,IS.~~'~ T~ Patty Marston u Originating Dept. ( ) ( ) L Ann Lowery (Name) _ ADMINISTRATION ~ J _ _ MEMORANDUM TO: Board of County Commissioners THROUGH: Faye W. Outlaw, MPA County Administrator FROM: Lee Ann Lowery Assistant Coun Administrator DATE: September 22, 2009 SUBJECT: Arts ~ Cultural Alliance of St. Lucie, Inc. ITEM NO. VIII Background: During preparation of the 2008/09 budget, the Board of County Commissioners (BOCC) directed staff to revive a proposal to establish a local nonprofit arts organization in lieu of the current County- operated Cultural Affairs Division. This nonprofit organization would be the designated local arts agency pursuant to Florida Statute 265.283(8) and also assume the responsibilities of the Cultural Affairs Council (CAC), a BOCC advisory board. The benefits of this approach for providing arts and cultural programming include: • Increased fundraising capacity through memberships, donations, corporate sponsors, patrons and benefactors; • County funding is leveraged to generate an increased return on investment; • County funding for operational expenses allows donations and sponsorships to be used for providing programs and services, an important issue to corporate sponsors and individual donors in this economic climate; and • Flexibility in organizational structure, marketing strategies and program delivery methods. Volunteers have now been recruited to serve on the initial Board of Directors (BOD) of the new organization, called the Arts ~ Cultural Alliance of St. Lucie (ACA). The initial BOD includes: • Colleen Becht, award-winning local artist and Secretary/Treasurer of the ACA • Jennifer Camp, Director of Grants and Contracts, Torrey Pines Institute for Molecular Studies • Jane Rowley, Director of Community Relations for CORE Communities and Vice-Chair of the ACA • Rita Stikelether, CPA/Financial Advisor with Hill, Barth & King, LLC and Chair of the ACA • Anthony Westbury, columnist, Scripps Newspaper i Page 2 Agenda Item VIII Bylaws and Articles of Incorporation have been filed and planning meetings have been held. Recruitment of additional members of the BOD will continue. However, as the next step, the Board of Directors of the ACA recommends conducting acommunity-wide survey of stakeholders regarding the needs and priorities for arts and culture in St. Lucie County and preparation of a strategic plan for the ACA, consistent with the results of the community-wide survey: • The selection of a consultant would be the responsibility of the ACA which would do so through a competitive process. The ACA would be the organization "on point" for the community-wide survey and the strategic planning process rather than St. Lucie County government. • Funding for the survey and strategic plan, up to $50,000, would be provided from current operational dollars from the Cultural Affairs Division and CAC 08/09 and 09/10 budgets. This includes the recent payment of $22,423.58 from the State of Florida for the sale of Arts license tags from October 2005 through August 2009. • The consultant would work with the BOD to identify stakeholders for the survey. It is anticipated that stakeholders will include, but are not limited to, educational institutions, existing arts and cultural organizations, corporate and business interests, children, youth and parents, and local governmental entities. • Survey instruments would be developed with questions designed to identify stakeholder issues, needs and priorities. The survey would be conducted through personal interviews, focus groups and questionnaires which can be mailed or emailed to a representative sample of stakeholders. • Results of the community survey would be compiled to identify the primary needs and program priorities for the ACA. • An external survey would be conducted to identify emerging trends in arts and cultural organizations as well as in marketing, fundraising and board development. • Utilizing both the results of the county-wide assessment and the external survey, the consultant would work with the ACA to prepare a strategic plan which would identify community priorities, the mission, vision and values of the ACA and a detailed plan of goals, objectives and strategies. The results of this important process will lay a firm foundation for the future of arts and culture in St. Lucie County and provide an excellent plan for targeting grant opportunities. The ACA will also utilize the strategic plan in hiring an executive director who would be tasked, along with the BOD, to implement the strategic plan. In addition to funding for the community-wide survey and strategic plan, funding for small operational expenses such as BOD insurance, bookkeeping services and materials and supplies, estimated at $5000, should be provided at this time. An amendment to the contract to transfer operating funds to the ACA would be processed when the ACA is prepared to hire an executive director and to begin implementation of the strategic plan. Recommendation: Board approval of funding in the amount of $55,000 to the Arts 8~ Cultural Alliance of St. Lucie, Inc. (ACA) and authorization for the Chair to sign a contract with the ACA for the selection of a consultant through a competitive process to conduct acommunity-wide survey on arts and culture in St. Lucie County and the preparation of a strategic plan for the ACA based on the survey results as outlined in this agenda memorandum. Board approval of Resolution No. 09-282 rescinding prior resolutions and designating the ACA as the local arts agency for St. Lucie County. i RESOLUTION NO. 09-282 A RESOLUTION REPEALING RESOLUTION NO. 90-208 (WHICH ESTABLISHED THE ST. LUCIE COUNTY CULTURAL .AFFAIRS COUNCIL AND PROVIDED FOR DUTIES AND FUNCTIONS OF THE COUNCIL), ABOLISHING THE CULTURAL AFFAIRS COUNCIL AND DESIGNATING THE ARTS & CULTURAL ALLIANCE OF ST. LUCIE, INC. AS THE LOCAL ARTS AGENCY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 2, 1984, the St. Lucie County Council of the Arts, Inc. was formed as anot-for-profit corporation organized generally to educate, develop, coordinate, and promote the visual and performing arts and cultural activities and endeavors in St. Lucie County. 2. On October 27, 1987, the Board of County Commissioners declared, by Resolution No. 87-230, the St. Lucie County Council of the Arts, Inc., as the official umbrella arts organization for St. Lucie County, Florida. 3. On July 24,1990, the Board adopted Resolution No. 09-205 which declared the St. Lucie County Council of the Arts, Inc. reorganized as a public agency corporate and politic which was known as the St. Lucie Cultural Affairs Council and served as the official umbrella organization for St. Lucie County pursuant to Section 265.32, Florida Statutes. 4. On August 21,1990, the Board of County Commissioners adopted Resolution No. 90-208 due to changes in Section 265.32, Florida Statutes, during the 1990 Legislative session. 5. During preparation of the 2008/09 budget, the Board directed staff to review a proposal to establish a local non-profit arts organization in lieu of the current St. Lucie County Council of the Arts, Inc. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that this Board does hereby repeal Resolution Nos. 90-208 and 90-243 in its entirety and abolishes the Cultural Affairs Council. The Arts & Cultural Alliance of St. Lucie, Inc. is designated St. Lucie County's local arts agency pursuant to Florida Statute 265.283(8). `t After motion and second, the vote on this Resolution was ns follows: Chairman Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Chris Dzadovsky XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 'T' AGENDA REQUEST ITEM NO.~ _ DATE: September 22, 2009 - ~ ~ REGULAR [XX] PUBLIC HEARING CONSENT TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Florida Energy Secure Line Project Natural Gas Pipeline Siting- Local Public Hearing Option BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize the County Attorney to request that the Administrative Law Judge hold a public hearing in St. Lucie County to allow interested members of the public to testify about the proposed pipeline. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED _ [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ~ ~ . _ _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1155 DATE: September 14, 2009 SUBJECT: Florida Energy Secure Line Project Natural Gns Pipeline Siting-Local Public Hearing Option ********,~********************x*************,~**~******~********************~********** BACKGROUND: Florida Power & Light ("FPL") has filed an application for n proposed natural gas pipeline. The proposed pipeline will run through western St. Lucie County. A copy of a map depicting the proposed corridor is attached. The Board has previously authorized County staff to schedule and advertise n local information meeting for Wednesday, September 30, 2009 at 6:00 p.m. in the County Commission Chambers. Under Section 403.9411(2), Florida Statutes, St. Lucie County has the ability to request the Administrative Law Judge to hold a public hearing in St. Lucie County to allow members of the public who are not parties to the certification hearing to testify about the proposed pipeline. County staff had hoped to schedule the local information meeting before the September 25 deadline to gauge citizen interest in the project but that was not possible due to scheduling conflicts. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the County Attorney to request that the Administrative Law Judge hold n public hearing in St. Lucie County to allow interested members of the public to testify about the proposed pipeline. Respect ully submitted v Daniel S. McInty e County Attorn GSM/cnf Attachment N L ~ w U ~ v z• ~ p< ~ . 0 •3 s/o~ea~ L L i N - ~ ~ I W ~ ~ ~ ~ ~ ~ I o ~ J ~P, , ~ ~ ; , ~J6 c ~ > G~ a~ ' 5R P1 P ~ ; m I - ~ I ~ ~(enny6lH ~ I ~ I > 3 y3SZ pnl oso,~ld a ~ m Ivitz ~ Y ' e ~ p~~ m .aa I ' ~ F ~ ~nnH s6ul~{ ~ ' I I ~ ~ ~ a;e~s~a~ul ~ ~ c a I ~ j °c' 3 I I o IP21 PJe la UI Q ~ f ie a~ .0 ; O ~ ~e~~~a m ~ PSI uulyS d'.~ I U ~ ~ ~ PSI aul~ a6ue~{ ~ ~ Q U Pb leue~ ~apeaH ao~~~ ~ ~ ~o P?~ u!PIoH I aPl P2~ uo} e I cv I C ~ P2~ PaauS I U p ~ Z, y leue~ tiZ-~ i ~ ~ ~ -o ~ = -~da L ~ ~ F~o~~Q~e ~ ~ leue~ EZ-~ ~j ~ 'L D 'G I p yJ i I V ~ I V L i I V L ~ 6~ue{~e\ a I Q W ~ L c a U ~ - ~uno~ aagoyoaa~p 0 m MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.ora ~~iiitliii#i~~i[titiiiiiiti[t#iiiittiii~ttii}lifiiiifliliii[Gilt{liitflElilflitiii~ili~ilittttltillitlilNtliiiii~#lliiil(111ii~tYillit(i~{ifitittiiiit~iiTf~fliiiti?iilit(iti~tiitfiiiiiittitiulilli![uTfi 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 itiiu~iiilliiifiiiiJiiiitiiliiiilliiiltiiilliiiiifiiiiiiltiiiiiiilittiiitiiitlUil?tiitiiiiiiiitiiititlUt~iitiiiiiiifiiiiillliillililiiiifiilliiiiiitiUiiiiiliUiiliii~iitliili~iiiitiiti[[iiiiiiiii I. MINUTES Approve the minutes from the September 8, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 50 and 51. B. PURCHASING 1. Amendment to the Contract for Aerial Adulticide Services Consider staff recommendation to approve of the first amendment to Contract No. C09- 06-299 with Vector Disease Control, Inc., extending the term through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. 2. Amendment to the Contracts for Emergency Debris Removal and Dike Repair Consider staff recommendation to approve of the first amendment to Contract No. C07- 12-706 with Native Technologies, Inc. and Contract No. CO7-12-707 with TSI Disaster Recovery, LLC., incorporating the new Federal Highway Administration (FHWA) requirements, adding impoundments 12, 14A, 14B and 14C and extending the term through December 10, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. 09/18/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #51- 12-SEP-2009 TO 18-SEP-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 20,433.80 39,967.77 GRAND TOTAL: 20,433.80 39,967.77 MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 8, 2009 Convened: 11:30 a.m. Adjourned: 11:31 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Faye Outlaw, County Administrator, Christopher Steers, Asst. County Administrator, Heather Young, Asst. County Attorney,lim David, Mosquito Control Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded b y Com. Grande, to approve the minutes of the meeting held August 25, 2009, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. Warrant List The Board approved Warrant List No. 48 and 49. B. County Attorney Florida Department of Agriculture and Consumer Services -FY 2009-10 Agreement The Board approved the proposed FY 2009-10 agreement with the Florida Department of Agriculture and Consumer Services and authorized the Chairman to sign the agreement. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 09/11/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #50- 05-SEP-2009 TO 11-SEP-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 22,776.24 0.00 GRAND TOTAL: 22,776.24 0.00 ` ITEM NO. III-B1 ~t _ ~ DATE: 09/22/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: ST. LUCIE COUNTY MOSQUITO CONTROL PRESENTED BY: DISTRICT Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to the Contract for Aerial Adulticide Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-534000-600 -Other Contractual Services PREVIOUS ACTION: June 6, 2009 -Mosquito Control District approved contract RECOMMENDATION: Board approval of the first amendment to Contract No. C09-06-299 with Vector Disease Control, Inc., extending the term through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED OTHER ~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB ~ County Attorney (X) Budget Analyst (X ) Dan McIntyre aWonna Johnson Purchasing (X) Mosquito Control (X ) Melissa Simbertund im David ~ Office of Management - ~ ~ = = & Budget/Purchasing ~ .L_ _ MEMORANDUM TO: St. Lucie County Mosquito Control District FROM: Marie M. Gouin, Director ~rn V" DATE: September 22, 2009 SUBJECT: Amendment to the contract for Aerial Adulticide Services ITEM NO. III-61 Background: In June of 2009, St. Lucie County Mosquito Control District entered into a contract with Vector Disease Control, Inc. for aerial adulticide service. St. Lucie County Mosquito Control District piggybacked the bid and contract with Charlotte County as this service is not available through a local contractor. The initial contract expires on December 31, 2009, and allowed for three additional one-year renewal options. The first amendment to Contract No. C09-06-299 is attached. Recommendation Board approval of the first amendment to Contract No. C09-06-299 with Vector Disease Control, Inc., extending the term through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. C09-06-299 FIRST AMENDMENT TO JUNE 9, 2009 CONTRACT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND VECTOR DISEASE CONTROL, INC. THIS FIRST AMENDMENT made this day of 2009, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, hereinafter called the "District" and VECTOR DISEASE CONTROL, INC., or his, its or their successors, executors, administrators and assigns, hereinafter called the "Vendor". WHEREAS, on June 9, 2009, the parties entered into an Agreement for aerial adulticide services on an as-needed basis; and WHEREAS, the parties desire to amend the Contract to exercise the first one-year renewal option extending the contract through December 31, 2010. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM of the Contract is hereby amended to read as follows: 6. TERM The term of this Agreement shall begin June 6, 2009 and continue through and including December 31, 2010. The parties may extend this Agreement, on the same terms and conditions, for two 12) additional one-year terms. 2. All other terms and conditions of the original Contract and the First Amendment to the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT By: Deputy Clerk CHAIR APPROVED AS TO FORM AND CORRECTNESS: County Attorney 1 'e C09-06-299 WITNESSES VECTOR DISEASE CONTROL, INC. By: Print Name: Title: 2 ITEM NO. III-B2 _ ~ , _ - _ DATE: 09/22/09 O • - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: ST. LUCIE COUNTY MOSQUITO CONTROL PRESENTED BY: DISTRICT Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to the Contracts for Emergency Debris Removal and Dike Repair BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-599300 -Program Reserves PREVIOUS ACTION: December 11, 2007 -Mosquito Control District approved contracts RECOMMENDATION: Board approval of the first amendment to Contract No. C07-12-706 with Native Technologies, Inc. and Contract No. C07-12-707 with TSI Disaster Recovery, LLC., incorporating the new Federal Highway Administration (FHWA) requirements, adding impoundments 12, 14A, 14B and 14C and extending the term through December 10, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures ' OMB / County Attorney (X) Budget Analyst (X) Dan McIntyre T Wonna Johnson Purchasing (X) Mosquito Control (X ) Melissa Simberlund im David Office of Management _ & Budget/Purchasing • • ~ - MEMORANDUM TO: St. Lucie County Mosquito Control District FROM: Marie M. Gouin, Director m~ DATE: September 22, 2009 t - SUBJECT: Amendment to the Contracts for Emergency Debris Removal and Dike Repair ITEM NO. III-B2 Background: In 2007, St. Lucie County Mosquito Control District entered into contracts with Native Technologies, Inc. (located in Deerfield Beach) and TSI Disaster Recovery, LLC (located in St. Cloud) for emergency debris removal and dike repair. The contracts were awarded to the primary and secondary lowest, responsive and responsible bidders. The others bidders were located in Brooklyn Park, MN, Mobile, AL, Deerfield Beach, Okeechobee and Stuart. The Federal Highway Administration (FHWA) now requires that all County debris removal contracts have certain provisions (1273) incorporated into the contract language. The contract currently includes only impoundments 1-10A on South Hutchinson Island and impoundments 16A-24 on North Hutchinson Island. Mosquito Control would like to add impoundments 14A, 14B and 14C on North Hutchinson Island and impoundment 12 on South Hutchinson Island. The initial contract expires on December 10, 2009, and allowed for two additional one-year renewal options. The first amendments to Contract No. C07-12-706 and Contract No. C07-12-707 are attached. Recommendation: Board approval of the first amendment to Contract No. C07-12-706 with Native Technologies, Inc. and Contract No. C07-12-707 with TSI Disaster Recovery, LLC., incorporating the new FHWA requirements, adding impoundments 12, 14A, 14B and 14C and extending the term through December 10, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. C07-12-706 FIRST AMENDMENT TO DECEMBER 1 1, 2007 CONTRACT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND NATIVE TECHNOLOGIES, INC. THIS FIRST AMENDMENT made this day of 2009, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, hereinafter called the "District" and NATIVE TECHNOLOGIES, INC., or his, its or their successors, executors, administrators and assigns, hereinafter called the "Vendor". WHEREAS, on December 1 1, 2007, the parties entered into an Agreement for emergency debris removal and dike repair; and WHEREAS, the Federal Highway Administration ("FHWA") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Contract to incorporate the new FHWA requirements, add impoundments 12, 14A, 14B, and 14C, and exercise the first one-year renewal option extending the contract through December 31, 2010. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows:. 1. Paragraph 2 General Description of Work is hereby amended to read as follows: 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is: Emergency Debris Removal and Dike Repair (Primary Vendor) as needed for St. Lucie County Mosquito Control District as further described in St. Lucie County Bid No. 07-109, made a part hereof by this reference. Locations: Impoundments 1 - 10A and 12 on South Hutchinson Island and Impoundments 14A, 14B, 14C, and 16A-24 on North Hutchinson Island, in St. Lucie County. 2. Paragraph 6 Term of the Contract is hereby amended to read as follows: 1 C07-12-706 6. TERM The term of this Agreement shall begin June 6, 2009 and continue through and including December 31, 2010. The parties may extend this Agreement, on the same terms and conditions, for two (2) additional one- year terms. 3. Paragraph 14 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any terms or conditions of this Contract conflict with the FHWA requirements, the FHWA requirement shall prevail. 4. All other terms and conditions of the original Contract and the First Amendment to the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT By: Deputy Clerk CHAIR APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESSES NATIVE TECHNOLOGIES, INC. By: Print Name: Title: 2 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 1 of 22 EXHIBIT "q ~ +W ~ 4 -,'lY `Y ~ ~t~ r r.. Quality Management ~ Coordination Details Safety Materials Contract Administration FHWA > Engineerin~c > Construction > Contract Admin > FHWA-1273 Electronic version March 10, 1994 Construction FHWA-1273 Electronic version March 10, 1994 Events Guide PDF Version (0.5 mb) . View all_Upcoming Fact Sheets Construction Required Contract Provisions Federal-Aid Events Links Construction Contracts Contact Memos I. General II. Nondiscrimination Jerry Yakowenko III. Nonse re a Office of Program Publications g g ted Facilities Administration IV. Payment of Predetermined Minimum Waoe 202-366-1562 Research V. Statements and Payrolls E-mail Jerry_ VI. Record of Materials Sup~es and Labor Reviews VII. Subletting or Assigning the Contract VIII. Safe_ty_ AccidentPrevention Technical IX. False Statements Concerning Highway Protects Advisories X. Impleme_nt_ati.on_of Clean_AirAct_and_Federal Water Pollution Control Act Training 8~ XI. Certification Regarding Debarment Suspension_Ineligibili_ty and Workshops Voluntary Exclusion XII. Certification Regarding Use of_Contract Funds for Lobbying Attachments A. Employment Preference for Appalachian Contracts included in Appalachian contracts only I. GENERAL 1. These contract provisions shall apply to all work pertormed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work pertormed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in http://www.fllwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 2 of 22 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 ' FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FHWA Page 3 of 22 and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy ' and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractors procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 4 of~22 the extent that the system permits the contractors compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractors work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance http://www.fhwa.dot.gov/programadmin/contracts/1273.cfrn 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 5 of 22 requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perfiorm subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 6 of 22 subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: 1. The number of minority and non-minority group members and women employed in each work Gassification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to pertorm their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm l further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 7 of 22 segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. http://www.fhwa.dot.gov/programadmin/contracts/1273.cfin 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 8 of 22 c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contrail, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent. by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 9 of 22 contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the joumeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 10 0;x'22 paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: http://www.fllwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FH~JA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 11 of 22 Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms ; of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and- one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 12 of 22 Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, http://www.fliwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 13 of 22 normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1 U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 14 of 22 this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractors own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime http://www.fliwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 15 of 22 contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. V?II. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or ' safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 16 of 22 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concemed with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or fo be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, qualify, quantity, or cost of any work performed or to be performed, or materials fumished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented,' Shall be fined not more that $10, 000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the pertormance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 17 of 22 Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification -Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 18 of 22 clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting. this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FH~VA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 19 of 22 b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification -Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, http://www.fhwa.dot.gov/programadmin/contracts/1273.cfin 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 20 of 22 unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 21 of 22 this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. 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 31 U.S.C. 1352. 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. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A -EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 22 of 22 Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. PDF files can be viewed with the Acrobat® Reader This page last modified on 07/27/07 FHWA Home ~ Engineering ~ Construction C FHWA United States Department of Transportation - Federel Highway Administration http://www.fhwa.dot.gov/programadmin/contracts/1273.cfin 8/13/2009 C07-12-707 FIRST AMENDMENT TO DECEMBER 11, 2007 CONTRACT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND TSI DISASTER RECOVERY, LLC THIS FIRST AMENDMENT made this day of 2009, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, hereinafter called the "District" and TSI DISASTER RECOVERY, LLC, or his, its or their successors, executors, administrators and assigns, hereinafter called the "Vendor". WHEREAS, on December 1 1, 2007, the parties entered into an Agreement for emergency debris removal and dike repair; and WHEREAS, the Federal Highway Administration ("FHWA") now requires that all County contracts for debris removal have certain provisions; and, WHEREAS, the parties desire to amend the Contract to incorporate the new FHWA requirements, add impoundments 12, 14A, 14B, and 14C, and exercise the first one-year renewal option extending the contract through December 31, 2010. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 2 General Description of Work is hereby amended to read as follows: 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is: Emergency Debris Removal and Dike Repair (Secondary Vendor) as needed for St. Lucie County Mosquito Control District as further described in St. Lucie County Bid No. 07-109, made a part hereof by this reference. Locations: Impoundments 1 - 10A and 12 on South Hutchinson Island and Impoundments 14A, 14B, 14C, and 16A-24 on North Hutchinson Island, in St. Lucie County. 2. Paragraph 6 Term of the Contract is hereby amended to read as follows: 1 C07-12-707 6. TERM The term of this Agreement shall begin June 6, 2009 and continue through and including December 31, 2010. The parties may extend this Agreement, on the same terms and conditions, for two 12) additional one- year terms. 3. Paragraph 14 Contractor Responsibility shall now include the following language: The Contractor agrees to abide by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Projects, attached hereto as Exhibit "A." If any terms or conditions of this Contract conflict with the FHWA requirements, the FHWA requirement shall prevail. 4. All other terms and conditions of the original Contract and the First Amendment to the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT By: Deputy Clerk CHAIR APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESSES TSI DISASTER RECOVERY, LLC By: Print Name: Title: 2 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 1 of 22 EXHIBIT "A" ..f.~ i ~ ~ t . _ i Quality Management & Coordination Details Safety Materials Contract Administration FHWA > Engineering > Construction > Contract Admin > FHWA-1273 Electronic version March 10, 1994 Construction FHWA-1273 Electronic version March 10, 1994 Events Guide PDF Version (0.5 mb) . View all Upcoming Fact Sheets Construction Required Contract Provisions Federal-Aid Events Links Construction Contracts Contact Memos I. General II. Nondiscrimination Jerry Yakowenko Publications III. Nonsegregated Facilities Office of Program Administration IV. moment of Predetermined Minimum Wage 202-366-1562 Research V. Statements and Payrolls E-mail JerrX VI. Record of Materials _Supplies, and Labor Reviews VII. Subletting or Assigning the Contract VIII. Safety: Accident Prevention Technical IX. False Statements Concernin Hi hwa Pro'ects Advisories X. I_mplem_e_ntaton of Clean AirfACt_and Federal Water Pollution _ Control Act Training & XI. Certification Regarding Deb_arment~Suspension_Inel~iblity and Workshops Voluntar~Exclusion XII. Certification Regarding UUse of Contract Funds for Lobbying Attachments A. E~loyment Preference for~~alachian Contracts (included in ~~alachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FHWA Page 2 of 22 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; http://www.fhwa.dot. gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 3 of 22 and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to http://www.fllwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FHWA Page 4 of~22 the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 5 of 22 requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE http://www.fhwa.dot.gov/programadmin/contracts/ 1273.cfm 8/ 13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 6 of~2 ' subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: i 1. The number of minority and non-minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, http://www.fhwa.dot.gov/programadmin/contracts/1273.cfin 8/13/2009 FH~JA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 7 of 22 segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 8 of22 c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction -FHWA Page 9 of 22 contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 10 of 22 paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 11 of 22 Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the. contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and- one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: http://www.fliwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 12 of 22 Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, http://www.fllwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 13 of 22 normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of http://www.fllwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 14 of 22 ' this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime http://www.fhwa.dot.gov/programadmin/contracts/1273.cfin 8/13/2009 ' FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 15 of 22 contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 16 of22 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or fa/se report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or fo be performed, or the cost thereof in connection with the submission of plans, maps, specifcations, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be penformed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355J, as amended and supplemented; Shall be fined not more that $10, 000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 17 of 22 Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification -Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 18 of22 clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 - FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 19 of 22 b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification -Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 20 of22 unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal • f 4 ! ! XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting http://www.fhwa.dot.gov/programadmin/contracts/1273.cfin 8/13/2009 ' FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 21 of 22 this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. 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 31 U.S.C. 1352. 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. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A -EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 FHWA-1273 Electronic version March 10, 1994 -Contract Admin -Construction - FH... Page 22 of22 ' Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1 c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. PDF files can be viewed with the Acrobat® Reader This page last modified on 07/27/07 FHWA Home ~ Engineering ~ Construction FHWA United States Department of Transportation -Federal Highway Administration http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 8/13/2009 EROSION DISTRICT www. co. st-I u ci e.fl. u s www.stlucieco.org ~illliliillitiitil{i~ilHiilil[tifil~ti~iitiili~ililttiitifiit#itill~itiilil~tiiiiliii(~iiltlililltiitii~ji~tiittitlilii~ttii]3~tlitlltltitiitir~ti#[itiiitFilUii~iiiiilitiltli~iiitIiftHl3iif~ii 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 iiillii~(1[lil~iliilllliltiiitilllillliiiliil{illlitilCillUiiiilllilill~liliiiiiililtliWilitllit11M1iIW{1{IUilfiltiiiiilWltttlitttifi)ii[liilititi>~itiiiiiititiltt{iiitiiiiliitti[i~illflliiliiiuitii I. MINUTES Approve the minutes from the September 8, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 50 and 51. 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. 09/18/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #51- 12-SEP-2009 TO 18-SEP-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 376.20 4,966.40 GRAND TOTAL: 376.20 4,966.40 EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 8, 2009 Convened: 11:31 a.m. Adjourned: 11:32a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Doug Coward, Chris Dzadovsky, Charles Grande Others Present: Faye Outlaw, County Administrator, Christopher Steers, Asst. County Administrator, Heather Young, Asst. County Attorney, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Lewis, seconded by Com. Dzadovsky to approve the minutes of the meeting held August 25, 2009, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. Warrant The Board approved Warrant List No. 48 and 49. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 09/11/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #50- OS-SEP-2009 TO 11-SEP-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,754.17 0.00 GRAND TOTAL: 1,754.17 0.00